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HomeMy Public PortalAboutA 2008-06-10 - PLANNING COMMISSION~`~~.°~' ~'~~ ~ ~~~ City of YN~OOD o ~' ~` ~~ ~ ~~ v4 Cit v1~(eetin CtiaQPen es ~~,~~~~:~' 9 9 9 ~~ ~ ~.~"~~ ~ 11330 BULLIS ROAD ~w"~ LYNWOOD, CALIFORNIA 90262 (310) 603-0220 AGENDA LYNWOOD PLANNING COMMISSION CITY HALL COUNCIL CHAMBERS 11330 BULLIS ROAD LYNWOOD, CA 90262 .7une 10, 2008 AllAll-AM~ ~~; ~~~ ~ I~~~ JUN 0 5 2008 6:30 P.M. c~-r~ c,~= ~.~~wr~0® ce~~Y c~~~~s © ~ec~ PLANNING COMMISSIONERS~~~~ Lourdes Castro-Ramirez ~ ~~ Chair Kenneth West Zelda Hutcherson Vice-Chair Commissioner Rita Patel Rebecca Wells Commissioner Commissioner COMMISSION COUNSEL Law Office of Aleshire and Wynder Douglas P. Haubert Assistant City Attorney STAFF Jonathan Colin, Karen Figueredo, Director Planning Assistant Kimberly Gonzalez, Jose Sanchez Administrative Analyst I Intern Alex Landeros Commissioner Bill Younger Commissioner Harden Carter, Associate Planner 1 OPENING CEREMONIES 1. Call meeting to order. 2. Flag Salute. 3. Roll call of Commissioners. 4. Reorganization. 5. Certification of Agenda Posting. 6. Minutes of Planning Commission Meetings: April 08, 2008 & May 13, 2008 SWEARING IN SPEAKERS 7. 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. PUBLIC ORALS 8. 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 NONE CONTINUED REGULAR AGENDA 9. Conditional Use Permit No. 2008-03 APPLICANT: T-Mobile USA, Inc 12217 Atlantic Avenue APN 6186-012-034 2 Proposal Request to operate and maintain a wireless telecommunications facility consisting of a sixty one (61) foot tall monopalm with twelve (12) panel antennas, and one parabolic dish antenna, six (6) radio equipment cabinets and miscellaneous electrical and utility equipment, inside a wrought iron fence enclosure on property located at 12217 Atlantic Avenue, in the CB-1 (Controlled Business) zone. Recommendation Staff recommends that the Planning Commission continue Conditional Use Permit No. 2008-03 pending Redevelopment Agency review. 10. Conditional Use Permit No. 2008-05, Variance No. 2008-02, Zone Change No. 2008-01, Tentative Parcel Map No. 2008-02 and Negative Declaration APPLICANT: TW Layman Associates 3801-3831 Martin Luther King Jr. Blvd . APN 6190-021-016, 017, 019, 020, 021, & 022 Proposal Request to approve Conditional Use Permit No. 2008-05, Variance No. 2008-02, Zone Change No. 2008-01, Tentative Parcel Map No. 2008-02 and Negative Declaration to construct three (3) new commercial buildings totaling 15,900 square feet. An Initial Study was performed and identified no significant impacts; therefore, a Negative Declaration was prepared. The applicant is also requesting to change the zoning designation from P-1 (parking) to C-2 (Light Commercial) zone on property located at 3801-3831 Martin Luther King ]r. Boulevard. Recommendation Staff recommends that the Planning Commission approve Conditional Use Permit No. 2008-05, Variance No. 2008-02, Zone Change No. 2008-01, Tentative Parcel Map No. 2008-02 and Negative Declaration. NEW REGULAR AGENDA 11. Conditional Use Permit No. 2008-01 APPLICANT: Roberto Vara 11846 Wilson Avenue APN 6188-010-016 Proposal Request to construct two detached residences, two-story in height with two attached two-car garages; the existing residence would remain with a new attached two-car garage and a guest parking carport on property located at 11846 Wilson Avenue, in the R-3 (Multi Family_ Residential) zone. 3 Recommendation Staff recommends that the Planning Commission approve Conditional Use Permit No. 2008-01. 12. Conditional Use Permit No. 2008-04 & Variance No. 2008-01 APPLICANT: Carolyn Romero 4271 Carlin Avenue APN 6186-011-025 Pro osal Request to operate a Skilled Nursing Facility (Convalescent Home) and to maintain the existing reduced side, rear yard setback, landscaping and to allow off-site parking for ten (10) of the twenty seven (27) required parking spaces on property located at 4271 Carlin Avenue, Assessor Parcel Number 6186-011-025 in the R-3 (Multi-Family Residential) zone. Recommendation Staff recommends that the Planning Commission continue Conditional Use Permit No. 2008-04, and Variance 2008-01. 13. Conditional Use Permit No. 2008-06 & Variance No. 2008-03 APPLICANT: Garnett Newcombe 3598 Martin Luther King Jr. Boulevard APN 6191-016-021 Proposal Request to establish an Adult Resource Center (Drug Rehabilitation Center) and to reduce minimum parking requirements on property located at 3598 Martin Luther King Jr. Boulevard, Assessor Parcel Number 6191-016-021 in the H-M-D (Hospital Medical Dentist) zone Recommendation Staff recommends that the Planning Commission continue Conditional Use Permit No. 2008-03, and Variance 2008-03. COMMISSION ORALS STAFF ORALS ADJOURNMENT Adjourn to the regular meeting of the Lynwood Planning Commission on July 08, 2008 at 6:30 p.m. in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California, 90262. 4 ITEM #5 MINUTEB 04-08-08 LYNWOOD PLANNING COMMISSION MEETING, April 8, 2008 The Lynwood Planning Commission met in,regular session in the City Hall Council Chambers. Chair Castro-Ramirez called the meeting to order at 6:32 p.m. Vice Chair West led the flag salute. Chair Castro-Ramirez requested the roll call. Director of Development Services Colin called roll. Commissioners Hutcherson, Patel, Younger, Wells, West and Castro-Ramirez answered the roll call. Commissioner Landeros was absent. Also present were Director of Development Services Jonathan Colin, Planning Associate Harden Carter, Planning Assistant Karen Figueredo, Administrative Analyst Kimberly Gonzalez, Public Works Civil Engineering Associate Josef Kekula, Development Services Intern Jose Sanchez and Planning Commission Counsel Douglas Haubert. Chair Castro-Ramirez recommended a reorganization of the Agenda to skip the presentation for past commissioners and proceed to the posting of the Agenda. Director of Development Services Colin indicated the Agenda had been duly posted. Item #5: Minutes March 11~ 2008 Chair Castro-Ramirez announced Agenda item #5, Minutes of March 11, 2008, Planning Commission meeting. Motion by Commissioner Younger to approve the March 11, 2008 Minutes, seconded by Vice Chair West. Chair Castro-Ramirez requested a roll call and the motion passed by general consensus. Item #6: Swearing in Speakers Chair Castro-Ramirez requested City Clerk Quinonez swear in citizens wishing to speak on any Agenda Item. Item #7: Public Orals NONE Item #9: Lynwood Municipal Code, Parking Requirements Director of Development Services Colin stated that the Planning Division had received a request from Mr. Ted Chan to present an item to the Planning Commission with the regard to current parking requirements. Following the introduction of the item, Director Colin reminded the Commission that all current minimum standards apply to any proposed additions. The purpose of this item is to have the Planning Commission review the current parking requirements. Director Colin reminded the Commission to keep in mind that the minimum current standards apply to any proposed additions or any substantial modifications to any existing land uses or structures. The Zoning Code changed and the General Plan was updated in 2003, followed by a code amendment to upgrade the Zoning Code in 2005 and then in 2006. In 2006, staff brought back the item for review by the Planning Commission after a year of utilizing it staff identified numerous things that needed to be tuned up a tittle. For example, Lynwood Municipal Code Section 25-65-1 was amended to reflect residential parking to three car garages for four or more bedrooms. There was also a modification to require a minimum of 400 sq. ft. dimensions for two car garages. Chair Castro-Ramirez stated that her fellow Commissioners had an opportunity to review the report and asked if anyone had a specific question for staff. Commissioner Landeros arrived at 6:40 p.m. Director of Development Services Colin stated that staff's recommendation is to hear from the Commission and determine if they would like to have the parking requirements modified. Chair Castro-Ramirez questioned if LMC Section 25-65-6 applies to new construction only. Director of Development Services Colin stated that if there is an existing house that has 3 bedrooms and they want to add a new bedroom, then the requirement for a three car garage is triggered. If this is a new development of three bedrooms or less, the project will require a two car garage, and if it is a new development of four bedrooms or more, the project requires a three car garage. Chair Castro-Ramirez asked if anyone had a specific recommendation. Vice Chair West stated that everything is fine at this point. Commissioner Hutcherson stated that she was comfortable with it. Chair Castro-Ramirez stated that she thought this code was adopted on February 16, 2006 or a little over two years ago. Chair Castro- Ramirez opened the public hearing. Ted Chan 952 W. Katella Ave. Anaheim, Ca. 92804 stated that he concurred with the parking requirements and passed out a handout to the commission pertaining to Item No. 9. He stated that there will be a decrease of homes in the City of Lynwood and it is due to the fact that in order to convert multi family buildings to condos, they have to decrease the number of units that are for sale just to satisfy the parking requirements. Adolf Lopez 11431 Plum St. Lynwood, Ca. 90262 stated that the reason he was present tonight was because he lives in a neighborhood that has been negatively impacted by parking. In his particular case, there were four homes that were built on his street, and that created seventeen cars in the street. There is no parking because there are huge amounts of families per house. The requirements for Lynwood are absolutely different than those in other cities. Chair Castro-Ramirez closed the public hearing. Motion by Commissioner Hutcherson to continue the Lynwood Municipal Code Parking Requirements as is, seconded by Commissioner Wells. Director of Development Services Colin called the roll call and the item passed by general consensus. Item #10: CUP No. 2008-02 Applicant Verizon Wireless, Inc. Associate -Planner Harden Carter introduced himself and presented the staff - report. Mr. Carter stated that Verizon Wireless, Inc. wants to relocate an unmanned wireless telecommunication facility at 5107 Josephine Street in the 0- S Open Space zone. The project will also include a new 30 KW generic emergency backup generator with a 132 gallon diesel fuel tank mounted on a 5' x 8' concrete spill containment pad. (INAUDIBLE) Chair Castro-Ramirez opened the public hearing. Applicant Kim Shaves, with Milestone Wireless representing Verizon Wireless, Inc spoke in support of the project and stated that Verizon Wireless accepts all the conditions of approval. Chair Castro-Ramirez asked the commission if there were any questions. Commissioner Hutcherson questioned what the use of the fuel tank which is included is for? Applicant Kim Shaves stated that she represents Verizon Wireless Inc. and that the fuel tank is for the emergency backup generator which is used in the event that there is a catastrophe. In fact, in the southern regions they have their backup diesel in case of fire compliance or a catastrophe. Chair Castro-Ramirez closed the public hearing. Commissioner Wells questioned the staff on Condition No. 14 of page 4, upon abandonment of the property if the applicant should be required to pay the expenses for the removal of the structure since it is in the Ham Park project. Civil Engineering Associate Kekula stated that at the last meeting they had with Verizon, City staff asked the applicant to have the area vacated and clean so that the city can conduct the grading operations. Once the grading is completed, the city would notify Verizon of the new location. Chair Castro-Ramirez asked staff if the last portion of Condition No. 14 clearly requires that the applicant pay for any expenses involved with the removal of debris or equipment of the site. Director of Development Services indicated that Verizon would be responsible for paying all expenditures. Commissioner Wells stated that at the beginning of the condition it states that facilities that are no longer being used shall be removed within 90 days of abandonment and asked if this means that it would cease having a tower? Chair-Castro-Ramirez asked for further explanation from Commissioner Wells. - Director of Development Services explained that what is meant by this is that if Verizon decided not to move forward with their application, Verizon would be responsible for incurring all costs associated with the proposed project at this site. Vice Chair West recommended a change in the wording on Condition No. 14, on page 4, from "may" to "will". Director of Development Services Colin stated that the city relocated Verizon from Atlantic Avenue to a temporary location towards the end of the Ham Park project. Once relocated to the new site, Verizon will be in charge of maintaining the site such as the landscaping, etc. Commissioner Hutcherson stated that she was also confused with the language of this condition and stated that the city should also require Verizon to pay a restoration cost if they decided not to pursue the project. Chair Castro-Ramirez indicated that this could be added to the conditions of approval if the commission requested it. Commissioner Landeros asked if the city would have an easement on the antenna or if there is an existing easement at the previous site and if this easement would be transferred to the new site. Director of Development Services stated that that was correct that once the relocation to the new site was completed, that Verizon would be responsible for the maintenance of the site. Chair Ramirez-Castro recommended an additional change to Condition No. 14, and requested that staff change the wording to state "and may be removed" to "will be removed and restored by the City at the owner's expense". Planning Commission Counsel Haubert stated that his recommendation would be to keep the word "may" as it is because if you change the word to "shall" or "will", it will imply that the applicant doesn't have the responsibility to remove the pole but rather that the City has the responsibility. He stated that "may" allows the City to go to the applicant and say if you don't move the pole after non-use the city will at the applicants cost. He also stated that it was a good idea to clarify what is meant by removal of the pole at the City expense and add "to return the property to the condition it was prior to the installment of the facility". Chair Castro-Ramirez requested a motion. Motion by Vice Chair West to approve Resolution No. 3207 with the amendment of Condition No. 14, seconded by Commissioner Younger. Chair Castro-Ramirez requested the roll call. Director of Development Services Colin called the roll call and the motion passed 7-0. RESOLUTION NO. 3207 ENTITLED: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2008-02, TO PERMIT INSTALLATION OF AN UNMANNED WIRELESS TELECOMMUNICATION FACILITY CONSISTING OF FOUR (4) PANEL ANTENNAS, THREE (3) SECTORS, AND TWELVE ANTENNAS, A 76- FOOT HIGH MONO-PINE POLE CAMOUFLAGED TO APPEAR AS A PINE TREE, A NEW 30 KW GENERIC EMERGENCY BACKUP GENERATOR WITH A 132-GALLON DIESEL FUEL TANK MOUNTED ON A 5'-0" BY 8'-0" CONCRETE SPILL CONTAINMENT PAD, A 12-FOOT HIGH WROUGHT IRON FENCE AND STEEL MESH DECKING LIDS, AND 16 INCH BY 16 INCH BLOCK PILASTERS; ALL COATED WITH ANTI-GRAFFITI PAINT, AT 5107 JOSEPHINE STREET, ASSESSOR PARCEL NUMBER 6189-019-900, IN THE O-S (OPEN SPACE) ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. ROLL CALL AYES: CASTRO-RAMIREZ, HUTCHERSON, LANDEROS, PATEL, WELLS, WEST & YOUNGER NOES: NONE ABSTAIN: NONE ABSENT: NONE Item #11 CUP NO. 2007-15 (Extension Applicant Donald Chae Director of Development Services Colin stated that this item is a request from Plaza Mexico to continue the use of a vacant lot for temporary parking. The parking lot consists of 392 parking stalls. The Planning Commission approved the use of the site pursuant to Conditional Use Permit No. 2007-15 on July 10, 2007. The resolution's conditions have been complied with except for Conditions No. 17, 18, 19, & 20. The DTSC inspection warrant was issued on February 8, 2008 with an expiration date of March 20, 2008. Staff considers that granting the - extension will allow the DTSC to conduct the necessary research to the site to make any recommendations. Staff recommends approving cone-year extension which the Lynwood Municipal Code allows in order to grant the Conditional Use Permit for 2 years. Victor Gomez 3100 Imperial Hwy. Lynwood, Ca. 90262 spoke in favor of the extension and informed the commission why Plaza Mexico has not been able to comply with the remaining conditions. Chair Castro-Ramirez asked the commission if there were any questions for the applicant. Commissioner Younger asked Mr. Gomez if he wanted a one year extension to realize Conditions No. 17, 18, 19, 20. Mr. Gomez stated that those conditions which are included in the CUP are in the process of being completed. However due to problems that Plaza Mexico has encountered with the adjacent property owners, Plaza Mexico had to go to court to obtain a warrant in order to test the grounds. Without it, the DTSC would not let Plaza Mexico touch the ground at all. Chair Castro-Ramirez questioned what can Plaza Mexico do to enhance the aspect of the parking lot as it looks now? Mr. Gomez stated that they are maintaining the property on a daily basis, in order to keep it clean and that they have been conducting patch work as much as possible to address the potholes. Commissioner Landeros questioned how much time it will take to clean the parking lot. Mr. Gomez stated that it will take from 8 months to 1 y/z years and informed staff that there is a chance that he will be asking for another extension possibly next year. Chair Castro-Ramirez asked the applicant if in order to begin the cleanup they will be removing the parking lot. Mr. Gomez stated that once they receive the approval from the DTSC they will inquire with the Engineering Department from the city to see how they will proceed. Commissioner Hutcherson asked if he had any idea of the cost of the cleaning. Mr. -Gomez stated that it will be about seven million dollars. Vice Chair West asked if one method would be faster than another to do the cleanup. Mr. Gomez stated that he believes that injecting the soil then removing it and taking it to a facility to be burned would be the fastest method. Chair Castro-Ramirez asked if there were any members of the public wishing to speak in favor of the project. Tanya Garcia 3100 Imperial Hwy. Lynwood, Ca. 90262 spoke in support of the extension request. Mr. Gomez stated that Plaza Mexico has conducted many activities to improve their sales to continue being competitive, Francisco Serrano 3100 Imperial Hwy. Lynwood, Ca. 90262 is the chief of security for Plaza Mexico and stated that the parking lot is a great benefit for Plaza Mexico. It's extremely important to approve this project because there is a lot of congestion especially on holidays. Chair Castro-Ramirez closed the public hearing and asked the Commissioners if they had any additional questions. Commissioner Wells asked staff if it would be possible to have intermittent reports throughout the year of the status of this project. Chair Castro-Ramirez asked if this would need to be included as a condition of approval for this report or if this is a direction for staff. City Attorney Haubert stated that this does not need to be added as a condition but can be a request for staff to give periodic updates and staff has already agreed to do this. Director of Development Services stated that staff can give updates every four months. Commissioner Wells stated that it should be every 3 to 6 months. Commissioner Hutcherson stated that she has concerns with the start date for the clean up and if the commission is allowed to give more extensions. Director of Development Services Colin stated that the code allows for a one year __ extension prior to the expiration date of the conditional use permit. - Commissioner Hutcherson asked what the maximum and minimum time for an extension could be, if the extension could be for less than a year. Commissioner Wells questioned staff on how long it will take to approve the samples from the DTSC? Civil Engineering Associate Kekula stated that it depends on how many samples they will provide. Commissioner Wells stated her question is regarding the time that the lab will take as it may take up the time frame given on the extension. Chair Castro-Ramirez stated that this particular site they were discussing is basically a temporary use to ease and alleviate parking congestion at Plaza Mexico. Her understanding is, the developer in this case, Plaza Mexico is very interested in moving forward with Phase 2 of the project and obtaining resolutions on contaminations to be able to start the remediation of the soil. Director of Development Services Colin concurred with Chair Castro-Ramirez. Commissioner Landeros clarified that either way the site must be cleaned up if the applicant is going to pursue Phase 2 of the project regardless of the soil. Vice Chair West reminded the Commission that this was discussed at the last meeting which is why the commission did not give a two year extension because the time may varies for the results of the soil samples. Commissioner Wells stated that in Condition No. 9 there is a double negative and requested that staff remove one of the double negatives. Director of Development Services Colin concurred. Hearing no further discussion, Chair Castro-Ramirez requested a motion. City Attorney Haubert clarified that the commission will be voting on Resolution 3208 with the only change being the typographical error on Condition No. 9. Motion by Commissioner Landeros to approve Resolution 3208 approving an extension of Conditional Use Permit No. 2007-15, seconded by Commissioner Patel. Chair_Castro-Ramirez requested the roll call. Director of Development Services Colin called roll call and the motion passed 7-0. RESOLUTION NO. 3208 ENTITLED: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD ADOPTING CERTAIN FINDINGS RELATED TO, AND APPROVING A ONE YEAR EXTENSION OF CONDITIONAL USE PERMIT NO. 2007-15, TO DEVELOP A PARKING LOT ON PROPERTY LOCATED AT 3000 IMPERIAL HIGHWAY IN THE M (MANUFACTURING) ZONE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6169-003-017, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. ROLL CALL AYES: CASTRO-RAMIREZ, HUTCHERSON, LANDEROS, PATEL, WELLS, WEST & YOUNGER NOES: NONE ABSTAIN: NONE ABSENT: NONE Commission Orals Commissioner Younger congratulated Director Colin and welcomed the new Planner. This morning there was a terrible accident were there was an assessment to change the lights, Commissioner Wells thanked staff for great communication this past week. Commissioner Patel stated that she would like to thank staff and Director Colin for all the emails. Commissioner Landeros questioned Director of Development Services Colin in regards to the best time to contact him. Director of Development Services Colin stated that e-mails work better. (INAUDIBLE) Director of Development Services Colin stated that Karen, our Planning Assistant, _ is the orte that deals with the banner permits and apparently they do not have - permits, so staff from Business License will go and knock on their door. Chair Castro-Ramirez stated that Director Colin is attempting to provide the Commission with communication and would like information regarding training to be brought at the next meeting. Staff Orafs Director of Development Services Colin stated that for the next Planning Commission Meeting there will be seven items, so he will email the Commissioners with a brief description of items that are reviewed at the site plan review committee. He also thanked the Commissioners and staff. Ad.~ournment It was moved by Commissioner Hutcherson, seconded by Commissioner Patel to adjourn at 7:50 PM to the next meeting of the Lynwood Planning Commission on May 13, 2008 in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California, 90262 ITEM #5 MINUTES 05-13-08 LYNWOOD PLANNING COMMISSION MEETING, MAY 13~ 2008 The Lynwood Planning Commission met in regular session in the City Hall Council Chambers. Chair Castro-Ramirez called the meeting to order at 6:32 p.m. Vice Chair West led the flag salute. Chair Castro-Ramirez requested roll call. Director of Development Services Colin called roll call. Commissioners Hutcherson, Landeros, Wells, Patel, Younger, West and Castro- Ramirez answered the roll call. Also present were Director of Development Services Jonathan Colin, Planning Associate Harden Carter, Planning Assistant Karen Figueredo, Administrative Analyst I Kimberly Gonzalez, Public Works Engineering Manager Elias Saikaly, Development Services Intern Jose Sanchez and Planning Commission Counsel Pam Kotchavong. Director of Development Services Colin stated that the reorganization of the Planning Commission is generally done in March. However, since the new appointments were made after that time staff decided to postpone this action the Commission can choose to do the reorganization now or continue the item for the next Planning Commission meeting. Chair Castro-Ramirez stated that the reorganization is an opportunity to nominate and elect a Chair and a Vice Chair, and it is up to the Commission to handle this business today or wait for the next month. Motion by Commissioner Patel to continue the reorganization to nominate and elect a Vice Chair and a Chair to the next meeting, seconded by Commissioner Younger. Chair Castro-Ramirez requested roll call and the motion passed by general consensus. Chair Castro-Ramirez inquired if the Agenda had been duly posted. Director -of Development Services Colin indicated the Agenda had been duly posted. Item #5: Minutes April 8, 2008 Chair Castro-Ramirez announced Agenda Item #5, Minutes of April 8, 2008, Planning Commission meeting. Commissioner Wells stated that some of her comments on Item #11 regarding the monthly reports were not included in the minutes. Director of Development Services Colin stated that staff will provide a periodic report and will ask request a correction to the minutes. Chair Castro-Ramirez stated that they will have the corrected minutes brought back at the next meeting. Item #6: Swearing in Speakers Chair Castro-Ramirez requested City Clerk Quinonez swear in citizens wishing to speak on any Agenda Item. Item #8: Public Orals NONE Item #9: Tentative Parcel Map No. 2008-01 Applicant: Alex Benavides Director of Development Services Colin stated that the item before the Commission was originally approved in 2005 under resolution 3100 and CUP No. 2005-27. The approval was to construct four detached residences two-stories in height with attached two-car garages. The approval was also to subdivide one parcel into four lots creating residential condominiums. Currently, the lot is developed with four units and is complete. The tentative parcel map, however, expired. The letter for the extension arrived just before the deadline. Chair Castro-Ramirez opened the public hearing. The applicant was not present. Chair Castro-Ramirez closed the public hearing. Comr-iaissioner Wells stated that on item 23 D there is an error. It should read, - "an upgrade of two wood street poles" however in parentheses it says one. - Director of Development Services Colin stated that it should be one and not two. Commissioner Landeros questioned the impact it would have on parking with 4 units on one lot and the requirement for a two car garage. Director of Development Services stated when the CUP came before the Planning Commission the requirement was to have atwo-car garage. There wouldn't be much impact at this time because each residence will provide the required parking. Under current code there might be other requirements. Commissioner Landeros stated that the reason for his question is because this particular street is very narrow. Planning Associate Carter stated that this project is already approved by the Planning Commission is already being built. Two years ago the code stated 2 parking spaces per unit and if it did or didn't the Planning Commission approved it at two parking spaces per unit. Chair Castro-Ramirez stated that the item before the Commission is to approve the parcel map which is required to subdivide the land into 4 parcels. Commissioner Landeros stated that the parking should have been taken into consideration because the street is too narrow and in the future there will be problems with the parking. He also stated he is against projects like this and that staff should not make these kinds of mistakes. Director of Development Services Colin stated that Commissioner Landeros is correct however the Commission did take precautions and the code was upgraded a couple of times. The matter before you has been completed. (INAUDIBLE) Public Works Engineering Manager Saikaly stated that this is a request to extend the parcel map. It has previously been submitted to the Public Works Department for approval and it was approved as it was two years ago but what they are doing right now is amending the acceptance of the parcel map. Vice Chair West asked staff if they can explain to the new commissioners what Tentative Parcel Map means. Public Works Engineering Manager Saikaly stated that every time there is a new development going on, we require the developer to present to the Public Works Department a map showing the lot lines, all the variances and distances were the -- property is located and were the house is located and this map has to be approved by L.A. County, Public Works Department and also the L. A. County City Engineer. Once the L. A. County City Engineer approves that map, it comes back to the City for approval also for our engineer to sign. Thereby once we approve we will have this recorded by L.A. County and return it to the developer. Commissioner Younger stated that one of the problems that commission has is that when this project was originally approved there was a Tentative Parcel Map and if so, was that map approved at that time, so what makes this one different from the previous. Public Works Engineering Manager Saikaly stated that it is the same map and there are no differences. Commissioner Wells stated that she would like to address some of the questions being asked. For example, the standard of how many parking spaces are required. Director of Development Services Colin stated that he will send the Commissioners a link to the online version of the codes and also give them an easy to read version that is provided at the counter which also includes the parking requirements. Motion by Vice Chair West to adopt Resolution 3205 approving Tentative Tract Map No. 2008-01, seconded by Commissioner Patel. Director of Development Services Colin called the roll call and the item passed by general consensus. A RESOLUTION ENTITLED: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING TENTATIVE PARCEL MAP NO. 2008-01 (064153) TO SUBDIVIDE ONE (1) PARCEL INTO FOUR (4) LOTS TO ACCOMMODATE FOUR (4) UNIT TOWNHOUSES ON PROPERTY LOCATED AT 3352 ELIZABETH AVENUE, ASSESSOR PARCEL NUMBER 6191-005-001, IN THE R-3 (MULTIPLE-FAMILY RESIDENTIAL) ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. ROLL CALL AYES: CASTRO-RAMIREZ, HUTCHERSON, LANDEROS, YOUNGER, PATEL, WELLS, & WEST NOES: NONE ABSTAIN: NONE - ABSENT: NONE Item #10: CUP No. 2008-03 Applicant: T-Mobile USA, Inc. Director of Development Services Colin stated that T-Mobile USA is requesting to operate and maintain a wireless telecommunication facility located at 12217 Atlantic Avenue, in the CB-1 (Controlled Business) zone. It consists of a sixty one (61) foot tall monopalm with twelve (12) panel antennas, and one parabolic dish antenna, six (6) radio equipment cabinets and miscellaneous electrical and utility equipment and it will also have an iron fence enclosure. Staff recommends that the Planning Commission continue the Conditional Use Permit No. 2008-03 pending Redevelopment Agency review. Chair Castro-Ramirez opened the public hearing. Monica Moretta of Monopalm Communication Services T-Mobile spoke in support. She stated that for several months T-Mobile and the property owner have been working to ensure the design of the project at this location so they would not interfere. T-Mobile has entered into an agreement with the property owner to lease the portion of his property to have a facility located at the rear side of his property. The lease is fully executed and at this point the Site Plan Review Committee informed them that the Planning Department didn't have any comments in regards to the project. However, they were advised that the Redevelopment Agency is the reviewing of the project and was a little surprised to find out that there were issues for the project considering that they have a fully executed lease on the property. Chair Castro-Ramirez asked the Attorney if the Commission should take public comments from any additional persons since it is a continued item. Representative of the City Attorney Counsel stated that generally if its open to public hearing then the other members of the public, whether or not they have been called on to testify can speak. Chair Castro-Ramirez stated that there will be no discussion from the Commission, just public comments. Applicant Shiban stated that if this item is continued, it should be continued to a certain date. He also stated that staff has informed him that there may be a Redevelopment Project in this area. Debra Tarell 12247 Virginia Avenue, Lynwood, Ca. 90262 stated that she's been -- a citizen -of Lynwood for 25 years and has some concerns regarding health. Even though she respects the fact that the owner can use or sell his property, she's concerned about the equipment that is going up. She asks if there are any health issues and if there have been any studies to show if any of this equipment can cause any health issues to the City of Lynwood. Her main concern is health issues. (INAUDIBLE) Chair Castro-Ramirez commented that the item will be a continued item so they are only receiving comments at this point and closed the public hearing. Director of Development Services Colin stated that he wanted to make it clear for the record that after the Site Plan Review Committee, the Redevelopment Agency and other departments set the conditions of approval, the Planning Commission grants approval and the proponents complete the project. Chair Castro-Ramirez requested a motion. Motion by Vice Chair West to continue Item #10 to the next Commission Meeting which is June 10, 2008, seconded by Commissioner Patel. Chair Castro-Ramirez requested a roll call and the motion passed by general consensus. Item #11: CUP No. 2008-05, VAR No. 2008-02~ ZC No. 2008- 01, TPM No. 2008-02 & NEG DEC Applicant: TW Layman Associates Planning Assistant Figueredo stated the applicant is requesting to construct three (3) new commercial buildings totaling 15,900 square feet. The applicant is also requesting to change the zoning designation from P-1 (parking) to C-2 (Light Commercial). The proposed expansion will include updating the facade of the existing Superior Market, and adjacent structures, and the development of three new one-story buildings. Staff recommends that the Planning Commission continue Conditional Use Permit No. 2008-05, Variance No. 2008-02, Zone Change No. 2008-01, Tentative Parcel Map No. 2008-02 and Negative Declaration pending Public Works Department review. Director of Development Services Colin stated that he was really excited with this project as it will enhance the civic center area but there are some impacts that they will have. There is a negative declaration that needs to be reviewed and also the Public Works Department has some details that they would like to review. -- Chair Castro-Ramirez opened the public hearing. Arthur James 11313 Ernestine Avenue, Lynwood, Ca. 90262 stated that this project will cause severe parking situation because of the Washington Mutual Bank and there will be even less parking in the area with this project. Alex Brown 11308 Ernestine Avenue, Lynwood, Ca. 90262 stated she agrees with the previous speaker regarding the impact on the community because it does impact the people who live in that area. She also stated that cars park in her driveway and won't let her get in to her own driveway and it's getting really ridiculous. Chair Castro-Ramirez stated that staff is recommending that the Commission continue this item, meaning that they are not going to make a decision on this item and closed the public hearing. Representative of the City Attorney Counsel stated that generally an item is introduced and it's opened to public hearing is opened for public comments. After the public comment is closed it goes to the Commission and the Commissioners can comment on the public comments. Since this item has been continued the public hearing portion of it is also continued. Chair Castro-Ramirez requested a motion. Motion by Commissioner Patel to continue this item to the next meeting, seconded by Commissioner Hutcherson. Chair Castro-Ramirez requested a roll call and the motion passed by general consensus. Commission Orals Commissioner Landeros stated that it's really sad to see a resident have to wait so long for a development. Chair Castro-Ramirez stated that the Commission Orals is an opportunity to comment on anything that is not on the agenda. Commissioner Landeros stated that he wished staff would look at the parking impact because it's ridiculous to give out permits without looking at the impact of parking. He is concerned about that because it tremendously impacts the neighborhood and the residents. Chair Castro-Ramirez stated that they have a Commission Board Member Training scheduled for Monday, May 19 from 4:30 p.m. to 7:45 p.m. and asked Kimberly to make the reservations for the training for the Commissioners able to attend. Director of Development Services Colin stated that there may be another session and that he suggested they record the meeting for people that are unable to attend. StafF Orals Administrative Analyst I Gonzalez stated that she had distributed the W-9 forms to all of the Commissioners and will ask the Finance Department for further explanation as to why the Commissioners are being required to fill this out. Adjournment It was moved by Commissioner Younger, seconded by Vice Chair West to adjourn at 7:25 p.m. to the next meeting of the Lynwood Planning Commission on June 10, 2008 in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California, 90262 ITEM ~#9 CllP NO. 2~~8®®3 DATE: June 10, 2008 TO: Honorable Chairman and Members of the Planning Commission FROM: Jonathan Colin, Director of Development Services BY: Harden A. Carter, Interim Associate Planner SUB]ECT: Conditional Use Permit No. 2008-03 12217 Atlantic Avenue Assessor Parcel Number 6189-012-034 APPLICANT: T-Mobile Inc. PROPOSAL T-Mobile, Inc. is requesting to locate and install an unmanned wireless telecommunication facility at 12217 Atlantic Avenue in the CB-1 Controlled Business zone, and the Multiple Family Residential land use designation of the Lynwood General Plan. The project site is also in a redevelopment project area designated for residential development. The new facility is proposed to be Jocated in the northwest corner of the subject property in an area measuring approximately 21 feet by 31 feet, located above grade and mounted on a concrete foundation pad. The proposed project shall be located in the rear parking lot of an existing free-standing, single-story retail store with 6,633 square feet. The property is located on the west side of Atlantic Avenue between Lavinia Avenue and Carlin Avenue. PRO]ECT OVERVIEW The wireless telecommunication facility consists of a sixty-one (61) foot tall mono-palm pole A 61' is proposed and with a brown trunk pole and green branches to camouflage the tower to appear as a palm tree. There will be twelve (12) panel antennas, and one (1) parabolic dish antenna, six (6) radio equipment cabinets and miscellaneous electrical and utility equipment, inside a wrought iron fence enclosed on property. The property wilt be protected by a twelve (12) foot high wrought iron fence with 16 inch by 16 inch block pilasters with anti-grafFti painting. The facility would be screened and not visually obtrusive from adjacent properties or along the Atlantic Avenue public right-of-way. ENVIRONMENTAL REVIEW The Development Services Department has determined that the proposal is categorically exempt from the provisions of the California Environmental Quality Act Guidelines Section 15301 (b). RECOMMENDATION Staff respectfully requests that the Planning Commission continue this time to the next regular scheduled Planning Commission meeting. 2 LOCATION MAP _~____ ___-________~__v_ - Br Ca ftl~r~a y~ ~ ~T~erq ye St c _ ~ ~~ N 1, ,~°J ~ Refs `r ~~ Q Ca t ~ b 'eve r ~ '~ Q r Fire Sr 2 C~r~ fi ~ ~ ~ c~ Q Q 4c ' Q t~i~~~Ja St s°i ry ~y e m ,ti as o~ rrp~v ~ ~ C4 i Aye r° ,w J ~``e ippa R ye ~~° ~ v e p,~ ~'~~' St ~~ An~t~is~n F ~errrro~ q v wy ye ~ o` `~ ~ ,~ `- -~ ~, ~ ~ i _~ g9ne~ •+ Jp „S' qye ~~C ~ qg h. Le;•+hr ~' Q ~' L' ° Aye ~ ~ ~ ~71Vry fi ~ 4 ~6 y ~ ~ay)~• ~ a ~ ~ 91va~a st Q A+itarkt 43 tay~n~ Ry8 - i~ a I ' ~ l~ 217 ATLANTIC ~ I .: r hlifar~ ~ -. p~° lavtnia qye ~ Alyada St M~fanp St ~+ c ~ CarliaAye o ~ ~ ~' m ~ _ ~ m V a ~~1 _ G1ark St_ Q u ep Otanav St 2 U$ ~~yv ~a ~ ~ peJleur g~ L c d~ ~ ~ ~ °' ;~= ~ i ~~ A ~~ mi gtpL 4iA/ sr - Ra Ybc~•p St ~ ~ ~ moo' ~~ 2 7 L E' a ~"° ~lanaa SC _ 2 ~ v '° _ ~ ti4cMir~~., x ,4rliroytontive ~~Q~ ~ - - p ~M -x,_3008 God~le - Map data~1008 NA~~t~ - Terms of Use SITE ADDRESS' 12217 ATLANTIC AVENUE CUP No. 2008-03 CASE No.: APPLICANT: T-MOBILE USA 1~~ E S ITEM #10 CUP NO. 2008-05, VAR NO. 2008-02 ZC N0. 2008-01, TPM N0. 2008-02, 8 NEG DEC DATE: June 10, 2008 TO: Honorable Chair and Members of the Planning Commission FROM: Jonathan Colin, Director of Development Services BY: Karen Figueredo, Planning Assistant SUBJECT: Conditional Use Permit No. 2008-05, Variance 2008-02, Zone Change 2008-01 & Tentative Parcel Map 2008-02. 3801-3831 Martin Luther King Jr. Blvd APN 6190-021-016, 017, 019, 020, 021, & 022 APPLICANT: TW Layman Associates PROPOSAL The applicant is requesting approval to construct three (3) new commercial buildings totaling 15,900 square feet, consolidate twenty four (24) lots into (1) parcel, change the current zoning designation from P-1 (Parking) to C-2 (Light Commercial) and to maintain existing front and side setback of less than ten (10~ feet and to allow arched colonnades within the side setback on property located at 3801-3831 Martin Luther King Jr. Boulevard, in the C-2 (Light Commercial) zone. PRO]ECT OVERVIEW The subject property is approximately 6.4 acres in area and is located on the north side of Martin Luther King Jr. Boulevard between Bullis Road and Ernestine Avenue. The floor plan identifies three (3) commercial buildings totaling 15,900 square feet, and a court area totaling 2,068 square feet. The uses of the building are as follows: 1) Building "A" totaling 4,805 square feet for retail use. 2) Building "B" totaling 8,023 square feet is divide as follow: a. Suite "C" totaling 2,323 square feet for retail use. b. Suite "D" totaling 1,355 square feet for retail use. c. Suite "E" totaling 1,363 square feet for retail use. S~. Suite "F" totaling 2,982 square feet for restaurant use. 3) Building "C" totaling 3,074 square feet for fast food/take out use. The proposed expansion will include updating the facade of the existing Superior Market and adjacent structures, and the development of three new one-story buildings. The Public Recycling Facility located at the north/west side of the property is inconsistent with the C-2 (light Commercial) zone; recycling facility shall be removed prior to the issuance of a Certificate of Occupancy and area shall be re-striped for four (4) guest parking stalls. The Developer has the option of paying 1.5% of the total valuation of the project, or proposing an art piece equivalent to the amount. Because the project is not currently at this stage, the Design Review Board and Art in Public Places will not review anything related to an art piece. ENVIRONMENTAL REVIEW The Development Services Department has determined that the project will not have significant impacts on the environment. An Initial Study was performed, conditions were incorporated, and a Negative Declaration was prepared pursuant to the California Environmental Quality Act (CEQA) Guidelines. RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution No. 3212, 3213, 3214 and 3218 approving Conditional Use Permit No. 2008-05, Variance No. 2008-02, Zone Change No. 2008-01, Tentative Parcel Map No. 2008-02, and Negative Declaration. Attachments: 1. Project Profile 2. Location Map 3. Plans 4. Initial Study and Negative Declaration. 5. Resolutions No. 3212, 3213, 3214 and 3218. PROJECT PROFILE Conditional Use Permit No. 2008-05, Variance 2008-02, Zone Change 2008-01 & Tentative Parcel Map 2008-02. 3801-3831 Martin Luther King Jr. Blvd APN 6190-021-016, 017, 019, 020, 021, & 022 1. Source and Authority • Lynwood Municipal Code (LMC) Section 25-25 sets forth development standards in commercial zone. • Appendix A sets forth permitted uses in commercial zone. • LMC Section 25-130-50 sets forth findings for approval of a Conditional Use Permit. • LMC 25-135 sets forth findings for approval of a Variance. • LMC 25-115 sets forth findings for approval of a Zone Change. • The subdivision meets all applicable requirements and conditions imposed by the State Subdivision Map Act and the Subdivision Regulation of the Lynwood Municipal Code (LMC) Chapter 25-180 2. Property Location and Size The subject property is approximately 6.4 acres in area. The applicant is requesting approval to construct three (3) new commercial buildings totaling 15,900 square feet, consolidate twenty four (24) lots into (1) parcel, change the current zoning designation from P-1 (Parking) to C-2 (Light Commercial) and to maintain existing front and side setback of less than ten (10~ feet and a to allow arched colonnades within the side setback. 3. Existing Land Uses Site Developed North: Single Family Residential South: Light Commercial West: Multi Family Residential & Controlled Business East: Single Family Residential & Multi Family Residential 4 5 Land Use Designation The subject property has a General Plan Designation of Light Commercial and the current zoning is C-2 (Light Commercial). The adjoining properties General Plan and Zoning designations are as follows: Site General Plan North: Single Family Residential South: Light Commercial West: Multi Family Residential & Controlled Business Zonina R-1 (Single Family Residential) C-2 (Light Commercial) R-3 (Multi Family Residential) CB-1 (Controlled Business) East: Single Family Residential & Multi Family Residential Design Review Board R-1 (Single Family Residential) R-3 (Multi Family Residential) The Design Review Board has reviewed the project and recommended the following: A. Graffiti screening (plant material and setbacks) on all blank walls and arches and around the perimeter of the project. B. Pull some of the building frontage proposed for south- property line on Ernestine and place along the street frontage on Martin Luther King Jr. Boulevard to: a. Open up the visibility space to the adjacent residential neighborhood. b. Bring the front edge of the project, in part, closer to the King Boulevard corridor, to reinforce the garden, setback pattern set by previous non- residential development along King Boulevard. c. To continue the building edge and setback district theme along King Boulevard corridor from California to Ernestine. C. Low safety fences should be added between the north sidewalk and the drive t-karough and should be a color that camouflages and is otherwise visually compatible with the vegetation in the planter bed. C. Low safety fences should be added between the north sidewalk and the drive through and should be a color that camouflages and is otherwise visually compatible with the vegetation in the planter bed. D. Design Review Board and Art in Public Places members would prefer to see another type of monument where the fountain is proposed. Suggestions include an abstract artwork "history board and screen", which includes the history of local people and/or sculptures. Perhaps reflecting the history of the original Western property owners (e.g. the Lugo family) and the history of the City. E. Alter the proposed arches on the north property line to a scale and mass that is similar to the posts in front of the transit center and the Swimming Pool Building. F. Design Review Board and Art in Public Places members would prefer "evergreen" trees to deciduous trees in the landscape areas. 6 7. Site Plan Review The Site Plan Review Committee has reviewed approval of Conditional Use Permit No. 2008-05 Change No. 2008-01, Tentative Parcel Map Declaration. Code Enforcement History None at the time of this report. 8. Public Response the project and recommends Variance No. 2008-02, Zone No.2008-02 and Negative None at the time of this report. 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'°~o'~ ©2008 Google -Map data ©2008 NAVTEQTM -Terms of Use 1t~ E 3801-3831 MARTIN LUTHER KING Jr. BLVD S SITE ADDRESS: -- - CUP No. 2008-05, VAR No. 2008-02, ZC No. 2008-01, TPM 2008-02 & Neg-Dec CASE No.: APPLICANT: TW Layman Associates INITIAL STUDY Environmental Checklist 1) Project Title: Conditional Use Permit No. 2008-05, and Negative Declaration/Initial Study. Construct a commercial project, one story in height providing 15,900 square feet of commercial/retail space. 2) Lead Agency Name and Address: City of Lynwood Development Services Department/Planning Division 11330 Bullis Road Lynwood, CA 90262 3) Contact Person, Title and Phone Number: Jonathan Colin Director of Development Services (310) 603-0220 Ext 255 4) Introduction: The City of Lynwood encompasses a 4.9 square mile area within the southern portion of Los Angeles County, California. The project proposes to construct acommercial/retail project, one story in height, providing 15,900 square feet of retail. The City of Lynwood has determined that the project is subject to the guidelines and regulations of the California Environmental Quality Act (CEQA). This Initial Study addresses the potential direct, indirect and cumulative environment effects associated with the project. 5) Purpose of the Initial Study: The purpose of the Initial Study is to: (1) identify environmental impacts; (2) provide the lead agency with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR) or a Negative Declaration (ND); (3) enable an applicant or lead agency to modify a project, mitigating adverse impacts before an EUIR is required to be prepared; (4) facilitate environmental assessment early in the design of the project; (5) document the factual basis of the findings in a ND that a project would not have a significant environmental impact; (6) eliminate needless EIR's; (7) determine whether a previously prepared EIR could be used for the project; and (8) assist in the preparation of an EIR, if required. CEQA Guidelines require that the following specific disclosure requirements be included in an Initial Study: (1) A description of the project including the location of the project; (2) An identification of the environmental setting; (3) An identification of environmental effects by use of a checklist, matrix, or other method, provided that entries on a checklist or other form are explained to support the entries except no impact; (4) A discussion of ways to mitigate significant effects identified, if any; (5) An examination of whether the project is compatible with existing zoning, general plan, and other applicable land use controls; Page1of12 (6) The name of the person or persons who prepared or participated in the initial study. 6) Project Location: The subject property is located at 3801-3831 Martin Luther King Jr. Boulevard, Assessor Parcel Numbers 6190-021-016 in the C-2 (Light Commercial) zone; 6190-021-017 in the C-2 (Light Commercial) zone; 6190-021-19 in the C-2 (Light Commercial) zone; 6190-021-020 in the C-2 (Light Commercial) zone; 6190-021-021 in the C-2 (Light Commercial) zone and 6190-021-022 in the C-2 (Light Commercial) zone. The property is comprised of the above mentioned parcels and totals 278,784 square feet or 6.4 acres in area. 7) Project Sponsor's Name and Address: TW Layman, Associates 16633 Ventura Boulevard #1320 Encino, CA 91436 (818)995-8952 Attention: Tim Saivar 8) General Plan Designation: Commercial 9) Zoning: C-2 (Light-Commercial) 10) Consistency with zoning, general plan and other applicable land use controls: The Development is consistent the General Plan Land Use Map and C-2 (Light Commercial) zoning and land use designations. The project is consistent with the goals and policies set forth in the Land Use and Housing Elements of the Lynwood General Plan. The project complies with development standards to include but not be limited to lot area, lot coverage, density, building height, landscaping and setbacks. Minimum parking standards are satisfied. The project, noticing, process and procedure is consistent with provisions set forth in State Law. 11) Description of Project: Conditional Use Permit No. 2008-05 approving the development of three (3) commercial/retail building, one story in height, providing 15,900 square feet of retail. Conditional Use Permit No. 2008-05: Construct a one story commercial/retail building providing 15,900 square feet of retail space. Environmental Review: Negative Declaration/Initial Study 12) Surrounding Land Uses and Environmental Setting: The subject property is rectangular in shape and totals 278,784 square feet, or 6.4 acres in area. The property is developed. The surrounding area consists of commercial and residential land sues as follows: Subject: Commercial North: Residential South: Martin Luther King Jr. Blvd then Commercial East: Ernestine Avenue then Residential West: Bullis Road then Residential and Commercial Page 2 of 12 13) Other agencies whose approval is required: Los Angeles County Public Works Department Los Angeles County Fire Department 14) Evaluation of Environmental Impacts Potentially Affected: The Initial Study and Negative Declaration analyzes the potential environmental impacts associated with the proposed projects. The areas evaluated in this Initial Study are: Land Use and Planning Transportation/Circulation Public Services Population and Housing Biological Resources Utilities & Services Geological & Soils Energy & Mineral Resources Aesthetics Hydrology & Water Quality Hazards & Hazardous Materials Cultural Resources Air Quality Noise Recreation Mandatory Findings of Significance The Environmental Analysis in this section is patterned after the Initial Study Checklist recommended by the CEQA Guidelines and used by the City in its environmental review process. For the preliminary environmental assessment undertaken as part of this Initial Study's preparation, a determination that there is a potentia- for significant effects indicates the need to more fully analyze the Project's impacts and to identify mitigation measures. 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 Impact" as indicated by the checklist on the following pages. -Land Use and Planning -Population and Housing -Geological Problems -Water -Air Quality Determination: (To be completed by the Lead Agency.) On the basis of this initial evaluation: _Tra nsportatio n/Ci rcu lati o n -Biological Resources -Energy & Mineral Resource -Hazards -Noise -Mandatory Findings of Significance -Public Services -Utilities & Service Systems -Aesthetics -Cultural Resources -Recreation 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 MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. XX Page 3 of 12 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. XX ~, ~ 1 /~~~ ,~,~i~~ G-z.~--z.- "_..~-ti---^~-,- May O1, 2008 ,r'Signature Date 4~ Jonathan Colin, Director of Development Service City of Lynwood Printed Name For Environmental Analysis (Checklist): 15) 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). 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. "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. "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). -_ Page 4 of 12 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. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant Impact Incorporated Impact Issues (and Supporting Information Sources): Would the proposal result in potential impacts involving: I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? (Source(s): ) b) Conflict with applicable environmental plans or polices adopted by agencies 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 (including a low income or minority community)? ( ) II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed ofFcial regional or local population projections? ( ) b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? ( ) c) Displace existing housing, especially affordable housing? ( ) No Impact XX XX XX XX XX XX XX XX Page 5 of 12 Potentially Significant Impact III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? ( ) b) Seismic ground shaking? ( ) c) Seismic ground failure? ( ) d) Seiche, tsunami, or volcanic hazard? ( ) e) Landslides or mudflows? ( ) f) 9) h) Potentially Significant Unless Mitigation Incorporated Less Than Significant No Impact Impact XX XX XX XX XX Erosion, changes in topography or unstable soil XX conditions from excavation, grading, or fill? ( ) Less Than Significant Impact. The project proposes to construct acommercial/retail project, one story in height, providing 15,900 square feet of retail will be developed, requiring alteration of existing grading and drainage patterns. Detailed grading and drainage plans would be required and plan checked by the Public Works Department and the property would be inspected to ensure compliance with the California Building Code. Mitigation Measures: No Mitigation measures are regwred. Subsidence of the land? ( ) XX Expansive soils? ( ) XX Less than Significant Impact: The City is within a liquefaction area and soil compaction may be an issue. A detailed soils report would be required during plan check and prior to issuance of building permits. Mitigation Measures: No mitigation measures are required. Unique geologic or physical features? ( ) XX IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, XX or the rate and amount of surface runoff? ( ) Less than Significant Impact. The development of a commercial project would include development of structures, fences, driveways and landscaping, thereby altering absorption rates and drainage patterns. The City will require detailed grading and drainage plans to ensure proper drainage and protect properties in the vicinity. Mitigation Measures: No mitigation measures are required. b) Exposure of people or property to water XX related hazards such as flooding? ( ) c) Discharge into surface waters or other alteration XX of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? ( ) d) Changes in the amount of surface water in XX _ _ any water body? ( ) __ e) Changes in currents, or the course or direction XX of water movements? ( ) Page 6 of 12 f) Change m the quantity of ground waters, either XX through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations, or through substantial loss of groundwater recharge capability? ( } g) Altered direction or rate of flow of groundwater? XX h) Impacts to groundwater quality? ( ) XX Less than Significant Impact. Construction activities associated with the development of a commercial project may have short and long term impacts. A Standard Urban Storm Water Mitigation Plan wdl be required pursuant to the State Regional Water Quality Control Board. Mitigation Measures: No mitigation measures are required. V. i) Substantial reduction in the amount of XX groundwater otherwise available for public water supplies? ( ) AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to XX an existing or projected air quality violation? ( ) b) Expose sensitive receptors to pollutants? () XX Less than Significant Impact: Residential and commercial properties in the immediate vicinity may be affected in the short- term by grading and construction activities. The applicant would be required to water the site daily to reduce fugitive dust emissions during construction. Mitigation Measures: No mitigation measures are required. c) Alter air movement, moisture, or temperature, or cause any change in climate? ( ) d) Create objectionable odors? ( ) XX XX Less than Significant Impact. Odors may be present in the short-term during construction. The applicant would be required to comply with all local, state, and federal requirements pertaining to air quality. Days and hours of construction would be limited to Monday through Friday from 7:00 a.m. to 7:00 p.m, to protect the health, safety, and welfare of persons in the area. Mitigation Measures: No mitigation measures are required. VI. TRANSPORTATION /CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? Q XX Less than Significant Impact. The development of a commercial project would increase traffic and vehicle trip ends. Vehicle access and parking facilities are adequate to accommodate additional vehicles and provide off-street parking. Martin Luther King Jr. Blvd is sufficient in width to accommodate the vehicle trip ends and provide additional on-street parking. Mitigation Measures: No mitigation measures are required. b) ~ Hazards to safety from design features (e.g., XX __ r_ .sharp curves or dangerous intersection) or __ incompatible uses (e.g., farm equipment)? ( ) Page 7 of 12 Less than Significant Impact. Vehicle Access would be provided from a 25" driveway along Bullis Road, Martin Luther King Jr. Boulevard and Ernestine Avenue. Mitigation Measures: No mitigation measures are required. c) Inadequate emergency access or access XX to nearby uses? ( ) Less than Significant Impact. The applicant will be required to install concrete driveways and maintain such vehicle access. Driveways shall remain clear and accessible to vehicles at all times. Mitigation Measures: No mitigation measures are required. d) Insufficient parking capacity on-site or off-site? XX Less than Significant Impact. Applicant will apply fora 10% variance. Mitigation Measures: No mitigation measures are required. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact e) Hazards or barriers for pedestrians or bicyclists? XX f) Conflicts with adopted policies supporting XX alternative transportation (e.g., bus turnouts, bicycle racks)? ( ) g) Rail, waterborne or air traffic impacts? ( ) XX VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened, or rare species or their XX habitats (including but not limited to plants, fish, insects, animals, and birds)? ( ) b) Locally designated species (e.g., heritage trees)? XX c) Locally designated natural communities XX (e.g., oak forest, coastal habitat, etc.)? ( ) d) Wetland habitat (e.g., marsh, riparian, and XX vernal pool)? ( ) e) Wildlife dispersal or migration corridors? ( ) XX VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? XX b) .~ Use non-renewable resources in a wasteful and XX ~.. .inefficient manner? ( ) c) Result in the loss of availability of a known XX Page 8 of 12 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 XX hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation? ( ) b) Possible interference with an emergency response XX Plan or emergency evacuation plan? ( ) c) The creation of any health hazard or XX potential health hazard? ( ) Less than Significant. Construction activities in the short-term may create noise, dust, odors, etc. Days and hours of construction will be limited and the project site watered daily. No overnight storage of construction vehicles will be permitted. Regular site inspections will be performed by City staff. Mitigation Measures. No mitigation measures are required. d) Exposure of people to existing sources XX of potential health hazards? ( ) e) Increased fire hazard in areas with flammable XX brush, grass, or trees? ( ) X. NOISE. Would the proposal result in: a) Increases in existing noise levels? ( ) XX Less than Significant Impact. Construction activities in the short-term would increase ambient noise levels. Days and hours of construction would be limited to Monday through Friday 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 as well as the California Building Code. Mitigation Measures: No mitigation measures are required. b) Exposure of people to severe noise levels? ( ) XX Less than Significant Impact. Construction activities in the short-term would increase noise levels in the vicinity. Days and hours of construction would be limited. Upon project completion, the commercial establishments are not expected to substantially increase the ambient noise levels in the vicinity. Mitigation Measures: No mitigation measures are required. XI. PUBLIC SERVICES. 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? ( ) XX Less than Significant Impact. Development of a commercial project may require additional fire protection. The Los Angeles County Fire Department has two (2) locations in the City of Lynwood capable of responding to emergency calls. Mitigation Measures: No mitigation measures are required. b) Police protection? ( ) XX Less than Significant. Development of a commercial project may require additional police services The Los Angeles County ~" Sheriff Department has adequate resources at the Century Station to respond to service calls. _ Mitigation Measures: No mitigation measures requred. Page 9 of 12 c) Schools? ( ) XX d) Maintenance of public facilities, including roads? XX Less than Significant Impact. Additional business establishments would increase wear and tear on streets in the vicinity due to added trip ends. The City has budgeted for future street improvements that would be implemented and maintained by the Public Works Department. Mitigation Measures. No mitigation measures required. e) Other governmental services? ( ) XX Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact XII. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilizes: a) Power or natural gas? ( ) XX b) Communications systems? ( ) XX c) Local or regional water treatment or XX distribution facilities? ( ) d) Storm water drainage? ( ) XX Less than Significant Impact. The project will require construction of a new commercial building and paving that may increase storm water drainage. The applicant would be required to comply with the City of Lynwood Standard Urban Storm Water Mitigation Plan Ordinance to ensure proper drainage and that pollutants are treated on-site prior to entering storm drams. Mitigation Measures: No mitigation measures are required. e) Solid waste disposal? ( ) XX Less than Significant Impact. Additional residences and business establishments would increase solid waste. The City's solid waste contractor is capable of providing trash pick-up services to the project. Mitigation Measures: No mitigation Measures are required. f) Local or regional water supplies? ( ) XX XIII. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? ( ) XX b) Have a demonstrable negative aesthetic effect? XX No Impact. Mitigation Measures: No mitigation measures are required. c) Create light or glare? ( ) XX -- Less than Significant Impact. The commercial project 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. -- Mitigation Measures: No mitigation measures are required. Page 10 of 12 XIV. CULTURAL RESOURCES. Would the proposal: 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 affect unique ethnic cultural values? d) Restrict existing religious or sacred uses within XX the potential impact area? ( ) XV. RECREATION. Would the proposal: a) Increase the demand for neighborhood or XX regional parks or other recreational facilities? ( ) b) Affect existing recreational opportunities? ( ) XX XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade XX 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 periods of California history or prehistory? b) Does the project have the potential to achieve XX short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are XX individually limited, but cumulatively considerable? ~~Cumulatively 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 XX which will cause substantial adverse affects on human beings, either directly or indirectly? XVII. EARLIER ANALYSIS. Earlier analyses may be used where, pursuant to the tearing, program EIR, or other CEQA process, one or mo.~e 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: -- Page 1l of 12 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) 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 Cal.App.3d 296 (1988); Leonoff v. Monterey Board of Supervisors, 222 Cal.App.3d 1337 (1990). Page 12 of 12 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. 2008-05, Variance No. 2008-02, Zone Change 2008-01, and Tentative Parcel Map No. 2008-02 To Whom It May Concern: Application has been filed with the City of Lynwood for approval of the project known as the Superior Market, consisting of Conditional Use Permit No. 2008-05, Variance No. 2008-02, Zone Change 2008-01, and Tentative Parcel Map No. 2008-02, on property located at 3801-3831 Martin Luther King Jr. Boulevard on the north side of Martin Luther King Jr. Boulevard between Bullis Road and Ernestine Avenue, Assessor Parcel Numbers 6190-021-016, 017, 019, 020, 021 and 022 within a C-2 (Light Commercial) zoning designation and to be developed the applicant TW Layman Associates. The project is briefly described as: Approval to construct three (3) new commercial buildings one story in height providing 15,900 square feet of commercial space ENVIRONMENTAL ASSESSMENT: An Initial Study was performed and no potentially significant impacts were identified. Mitigation measures were not required, however, mandatory conditions of approval are set forth in Planning Commission Resolutions 3212, 3213, 3214, and 3218 to ensure compliance with the Lynwood General Plan, Zoning Code and California Building Code. 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 h \wordfile\plamnin,~\forms~negdec doc Revised 07 ?7-98 Neg. Apr. 3801-3831 Martin Luther King 7r. Blvd. Page 2 of 3 impact on the environment. Based on this finding, the Department prepared and hereby filed this NEGATIVE DECLARATION. A period of thirty (30) calendar 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 ofl=lces of the Department of Development Services, Planning Division, City Hall Annex, 11330 Bullis Road, Lynwood, California, 90262 (310) 603-0220, Extension 255. It is the finding of the City of Lynwood that the project will not have a significant effect on the environment. The Conditions of Approval set forth by the Planning Commission would ensure compliance with local, state and federal laws. The above finding is based on the following: A. The site of the proposed project is adequate in size and shape to accommodate acommercial/retail project, consisting of commercial space. B. The proposed project, as conditioned, will ensure compliance with local, state and federal law. 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 conditional use permit will not adversely affect the comprehensive General Plan. The Lynwood General Plan and Land Use Map are consistent with the project. The project will comply with goals and policies in the Land Use and Housing Elements of the General Plan. 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. h \wordfile\plavnnmg\forms\negdec doc Revised 07 27-98 Neg. Apr. 3801-3831 Martin Luther King Jr. Blvd. Page3of3 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 /~ s BY: r ~' Jor}athan Colin, Director of Development Services DATE: e~ h \wordfile\planmmg\forms\negdec doc Revised 07-?7-98 RESOLUTION No. 3212 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT 2008-05; FOR THE DEVELOPMENT OF THREE (3) COMMERCIAL BUILDINGS ON PROPERTY LOCATED AT 3801-3831 MARTIN LUTHER KING 7R. BOULEVARD IN THE C-2 (LIGHT COMMERCIAL) ZONE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBERS 6190-021-016, 017, 019, 020, 021 & 022 CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, on April 30, 2008 the Design Review Board Committee recommended approval of a project to develop a 15,900 square foot project subject to Conditional Use Permit No. 2008-05, Variance No. 2008-02, Zone Change No. 2008-01, Tentative Parcel Map No. 2008-02, and Negative Declaration and; WHEREAS, the Lynwood Planning Commission, pursuant to law, on May 13, 2008 conducted a public hearing and continued the item; WHEREAS, on May 28, 2008 the Site Plan Review Committee recommended approval of the project to develop a 15,900 square foot project subject to Conditional Use Permit No. 2008-05, Variance No. 2008-02, Zone Change No. 2008-01, Tentative Parcel Map No. 2008-02 and Negative Declaration and; WHEREAS, the Lynwood Planning Commission, pursuant to law, on June 10, 2008 conducted a public hearing; 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 will not have significant impacts on the environment. An Initial Study was performed, conditions were incorporated, and a Negative Declaration was prepared pursuant to the California Environmental Quality Act (CEQA) Guidelines. Section 1. The 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 P-1 (Parking), a Zone Change is proposed to change zoning designation from P-1 (Parking) to C-2 (Light Commercial) zone which is consistent with the Lynwood General Plan policies and goals in the Land Use Element. 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, buildings, or structures; The project would be consistent with the C-2 (Light Commercial) zone development standards to include but not be limited to 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. The site is appropriate in size to allow the operation of the proposed land use. D. That the proposed conditional use complies with all applicable development standards of the zoning district; and The project would comply with development standards set forth in the LMC. A Variance to maintain existing front and side setbacks and to allow arched colonnades within side setback are required, a Zone Change is proposed to change zoning designation from P-1 (Parking) to C-2 (Light Commercial), a Tentative Parcel Map is proposed to consolidate twenty four (24) lots into one (1) parcel, and a Negative Declaration was prepared that would be consistent with development standards. E. That the proposed conditional use observes the spirit and intent of this Zoning Code. The project would comply with development standards set forth in the LMC and is a permitted use in the C-2 (Light Commercial) zone. Section 2. The Planning Commission of the City of Lynwood hereby approves Conditional Use Permit No. 2008-05, 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. The expiration date is June 10, 2009. One extension of 1 year may be granted if the extension is 2 requested in writing prior to the end of the valid period, at the discretion of the Development Services Department. 2. All conditions set forth in Resolutions No. 3218, 3213 and 3214 approving Tentative Parcel Map No. 2008-02, Variance No. 2008-02, Zone Change No. 2008-01 and Negative Declaration shall be observed at all times. 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 City Departments. 4. 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. 5. Any proposed subsequent modification of the subject site or structures thereon, shall be first reported to the Development Services Department, for review and approval of said modifications. 6. Prior to plan check the property owner shall sign a Statement of Acceptance stating that he/she has read, understands, and agrees to all conditions of this resolution. 7. Conditions of approval shall be printed on plans prior to submission to the Building and Safety Division for plan check. 8. Prior to issuance of building permits the applicant shall pay $0.47 per square foot of new construction to the Lynwood Unified School District. 9. Prior to obtaining a final from Building Division applicant/property owner shall obtain final signatures from other departments (i.e. Fire Department, Planning, and Public Works/Engineer Department) 10. All appeals must be brought within ten (10) working days of the date of the final action by the Planning Commission, Development Services Director, or Site Plan Review Committee. An appeal will be scheduled for public hearing before the Lynwood Planning Commission. Persons filing the appeal must submit application and pay a fee of $1,083. PLANNING DIVISION 11. Landscaping shall be a minimum of seven percent (7%) of the gross lot area. Such landscaping and a permanent irrigation system shall be installed in accordance with landscaping/irrigation plans approved by the Development Services Department, Planning Division prior to issuance of building permits. At least five percent (5%) of the parkway area shall be landscaped. 12. All tenant spaces shall have restroom facilities in compliance with American with Disabilities Act (ADA) standards. 13. The Public Recycling Facility located at the north/west side of the property is inconsistent with the C-2 (Light Commercial) zone; recycling facility shall be removed prior to Certificate of Occupancy being issued and area shall be re-striped for four (4) guest parking stalls. Each parking stall shall have a minimum dimension of 9' by 20'. 14. Re-stripe existing parking lot configuration (i.e. stop, circulation arrows, etc). 15. Acoustical construction materials shall be use throughout the commercial units to mitigate noise to the standards and satisfaction of the Building and Safety Division. 16. All driveway and parking areas shall be paved with concrete and permanently maintained and shall have sufficient lighting for security. Such vehicle access and parking areas shall remain clear and accessible for vehicles at all times. Vehicle parking stalls shall be delineated and have bumper guards. Handicap parking stalls shall be provided in compliance with American with Disabilities Act (ADA) standards. 17. Air Conditioners, heating, cooling ventilation equipment, and all other exterior mechanical devices shall be screened from surrounding properties and streets. 18. Any artificial light shall be installed to reflect away from adjoining properties. The applicant shall submit a detailed lighting plan to the Planning Division prior to occupancy. 19. A solid block wall, six-foot (6~ in height shall be maintained along the rear property lines. Any fencing shall first be reviewed by the Development Services Department, Planning Division. Prior to installing fencing, the applicant shall obtain approval and permit from the Development Service Department. 20. Refuse Storage Areas: Garbage or trash receptacles shall be metal or plastic containers equipped with overlapping, fly-tight lids, or other comparable containers, as may be approved by the Director of Development Services. Such -- containers shall be stored in an area that is enclosed on three (3) sides by a solid masonry wall and equipped with a latched gate. The wall should be six feet (6') in height. 4 21. Prior to installing signs, a sign permit shall be applied for, approved and obtained from the Department of Development Services. 22. Business owners may not install flashing signs, roof signs, portable signs, including A-frames and sandwich boards. Business owners may not paint any wall signs, place inflatable signs, balloons or flags, and may not place any signs in the public right of way. Signs shall not be installed on trees, light poles, fences or landscaping features. 23. Sign program shall be reviewed and approved by the Design Review Board prior to final approval by the Lynwood Redevelopment Agency 24. No person or persons shall reside on the premises at any time. 25. The property owner shall maintain apro-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. 26. Structures shall be architecturally compatible and exterior colors shall be neutral or earth tone. Trim and architectural fixtures may consist of bright colors. 27. Prior to plan check applicant/property owner shall submit color sample and obtain paint permit from the Planning Division. 28. Prior to plan check, applicant/properly owner must submit a written request to the Planning Division for a new address. 29. 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. 30. Prior to the issuance of building permits the applicant shall pay Impact Fees totaling $4,387 per 1,000 square feet of building area to the Development Services Department, Planning Division per City of Lynwood Ordinance No 1574. 31. Prior to the issuance of building permits the applicant shall pay Art in Public Places Fees in the amount of 1.5 % per $100,000 project valuation to the Development Services Department, Planning Division or propose an art piece equivalent to the amount per City of Lynwood Ordinance No 1575. - 32. All contractors working on the project site must obtain a City Business License prior to commencing any work. s 33. The applicant shall secure refuse service from the City contracted company. 34. The applicant shall secure water service from the City of Lynwood. 35. All tenants shall obtain a Business License prior to signing lease agreements. BUILDING AND SAFETY DIVISION 36. All construction shall meet or exceed the minimum building standards that are referenced in the following codes. • The California Building Code - 2007 edition; • The California Plumbing Code - 2007 edition; • The California Mechanical Code - 2007 edition; • The Los Angeles County Fire Code - 2007 edition; • The National Electrical Code - 2005 edition; All as amended by the California Building Code of 2007. 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. 37. Applicant/property owner must provide a copy of permit card signed by all other departments prior to scheduling a final inspection. PUBLIC WORKS/ ENGINEERING DEPARTMENT 38. Submission and recordation of a parcel map is required. Building permits will not be issued prior to the recordation of a subdivision map. 39. Submit a grading plan prepared and signed by a registered Civil Engineer. Grading plan will be checked by the Department of Public Works/Engineering Division. No building permits will be issued prior to the approval of the grading plan by the City Engineer (see Engineering Division for standard plan requirements). 40. Reconstruct damaged sidewalk along Bullis Road and Martin Luther King Jr. Boulevard. -- 41. Construct two (2) wheelchair ramps at N/E corner of Martin Luther King Jr. Boulevard and the N/W corner of Bullis road. 6 42. The minimum distance between the garage or parking spaces and back of sidewalk is twenty (20) feet. 43. Construct ten (10) foot wide planter to separate the sidewalk from the parking lot. 44. Root prune eleven (li) existing street trees and install root barrier. 45. Provide and install two (2) street marbelite poles with light fixture, underground services and conduits on Ernestine Avenue. Exact location shall be determined by the City. 46. Upgrade one (1) existing street light wood pole to street marbelite pole with light fixture, underground services and conduits. Exact location shall be determined by the City. 47. Underground existing utilities if any modifications are proposed for the electrical service panel. 48. All Edison vaults and structures shall be placed underground. 49. A permit from the Engineering Division is required for all off-site improvements. 50. 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 licensed contractor hired by the Developer. The contractor must obtain a permit from the Department of Public Works/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. 51. 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 by the owner(s) and submitted to the Department of Public Works/Engineering Division. 52. This project may be 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 Public Works. Building permits and/or demolition permits shall not be issued until developer/project owner contacts the Department of Public Works, Engineering Division. 53. No final sign off shall be given until all conditions of approval from the Public Works Department have been completed. 54. Resubmit Tentative Parcel Map with corrections. 55. A Traffic Study shall be prepared and submitted to the Department of Public Works, Engineering Division for approval. LOS ANGELES COUNTY FIRE DEPARTMENT 56. Access shall comply with Section 503 of the Fire Code, which requires all weather access. All weather access may require paving. 57. Fire Department Access shall be extended to within 150 feet distance of any exterior portion of all structures. 58. Where driveways extend further than 150 feet and are a single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways that extend over 150 feet in length. 59. 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. 60. 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. 61. Provide Fire Department or City approved street signs and building access numbers prior to occupancy. -- 62. Provide water mains, fire hydrants and fire flows as required by the County of Los Angeles Fire Department, for all land shown on map which shall be recorded. s 63. The required fire flow for public fire hydrants at this location is 2,500 gallons per minute at 20 psi for duration of 2 hours, over and above maximum daily domestic demand. Hydrant(s) flowing simultaneously may be used to achieve the required fire flow. 64. The required fire flow for private on-site hydrants at this location is 2,500 gallons per minute at 20 psi. Each private on-site hydrant must be capable of flowing 1250 gallons per minute at 20 psi with two hydrants flowing simultaneously, one of which must be the furthest from the public water source. 65. Additional water system requirements will be required when this land is further subdivided and/or during the building permit process. 66. Hydrants and fire flows are adequate to meet current Fire Department requirements. 67. Per the City of Lynwood, the Fire Flow availability form(s) dated November 20, 2007, hydrants and flows meet the current Fire Department requirements. 68. Two (2) architectural set of plans shall be submitted and stamped by the Fire Department. Approved Fire Department plans shall be attached to full set before submitting to plan check. 69. 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 No. 3212 and its conditions shall be delivered to the applicant. 9 APPROVED AND ADOPTED this 10th day of Tune, 2008, by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: Jonathan Colin, Director Development Services Department Lourdes Castro-Ramirez, Chair Lynwood Planning Commission Douglas P. Haubert, Agency Attorney Planning Commission Counsel io RESOLUTION NO. 3213 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING VARIANCE NO. 2008-02, TO MAINTAIN EXISTING FRONT AND SIDE SETBACK OF LESS THAN 10' FEET AND TO ALLOW COLONNADE ARCHES WITHIN SIDE SETBACK IN CON]UCTION OF THREE (3) COMMERCIAL BUILDINGS ON PROPERTY LOCATED AT 3801-3831 MARTIN LUTHER KING ]R. BOULEVARD IN THE C-2 (LIGHT COMMERCIAL) ZONE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBERS 6190-021-016, 017, 019, 020, 021 & 022 CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, on April 30, 2008 the Design Review Board Committee recommended approval of the project to develop a 15,900 square foot project subject to Conditional Use Permit No. 2008-05, Variance No. 2008-02, Zone Change No. 2008- 01, Tentative Parcel Map No. 2008-02 and Negative Declaration and; WHEREAS, the Lynwood Planning Commission, pursuant to law, on May 13, 2008 conducted a public hearing and continued the item; WHEREAS, on May 28, 2008 the Site Plan Review Committee recommended approval of the project to develop a 15,900 square foot project subject to Conditional Use Permit No. 2008-05, Variance No. 2008-02, Zone Change No. 2008-01 and Tentative Parcel Map No. 2008-02 and Negative Declaration and; WHEREAS, the Lynwood Planning Commission, pursuant to law, on June 10, 2008 conducted a public hearing; 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 will not have significant impacts on the environment. An Initial Study was performed, conditions were incorporated, and a Negative Declaration was prepared pursuant to the California Environmental Quality Act (CEQA) Guidelines. Section 1. The Planning Commission hereby finds and determines as follows: - A. There are exceptional or extraordinary circumstances or conditions applicable to the property which do not apply generally to other properties in the same vicinity and zone; and 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 properly in question; and C. Granting the variance will not be materially detrimental to the public welfare and injurious to properties and improvements in the vicinity; and D. Granting the variance will be consistent with the spirit and intent of the Zoning Code; and E. The variance will not grant special privilege to the applicant; and F. The variance request is consistent with the General Plan of the City of Lynwood. Section 2. The Planning Commission of the City of Lynwood hereby approves Variance No. 2008-02, 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. All conditions set forth in Resolutions No. 3212, 3218, and 3214 approving Conditional Use Permit No. 2008-05, Variance No. 2008-02, Zone Change No. 2008-01, Tentative Parcel Map No. 2008-02 and Negative Declaration shall be -- observed at all times. 2 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 plans approved by the Lynwood Planning Commission and on file in the Development Services 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 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. 7. Conditions of approval shall be printed on plans prior to submission to the Building and Safety Division for plan check. PLANNING DIVISION 8. Landscaping shall be a minimum of seven percent (7%) of the gross lot area. Such landscaping and a permanent irrigation system shall be installed in accordance with landscaping/irrigation plans approved by the Development Services Department, Planning Division prior to issuance of building permits. At least five percent (5%) of the parkway area shall be landscaped. 9. All tenant spaces shall have restroom facilities in compliance with American with Disabilities Act (ADA) standards. 10. The Public Recycling Facility located at the north/west side of the property is inconsistent with the C-2 (Light Commercial) zone; recycling facility shall be removed prior to Certificate of Occupancy being issued and area shall be re- striped for four (4) guest parking stalls. Each parking stall shall have a minimum dimension of 9' by 20'. il. Re-stripe existing parking lot configuration (i.e. stop, circulation arrows, etc). 12. -Acoustical construction materials shall be use throughout the commercial units to -- mitigate noise to the standards and satisfaction of the Building and Safety Division. 3 13. All driveway and parking areas shall be paved with concrete and permanently maintained and shall have sufficient lighting for security. Such vehicle access and parking areas shall remain clear and accessible for vehicles at all times. Vehicle parking stalls shall be delineated and have bumper guards. Handicap parking stalls shall be provided in compliance with American with Disabilities Act (ADA) standards. 14. Air Conditioners, heating, cooling ventilation equipment, and all other exterior mechanical devices shall be screened from surrounding properties and streets. 15. Any artificial light shall be installed to reflect away from adjoining properties. The applicant shall submit a detailed lighting plan to the Planning Division prior to occupancy. 16. A solid block wall, six-foot (6~ in height shall be maintained along the rear property lines. Any fencing shall first be reviewed by the Development Services Department, Planning Division. Prior to installing fencing, the applicant shall obtain approval and permit from the Development Service Department. 17. Refuse Storage Areas: Garbage or trash receptacles shall be metal or plastic containers equipped with overlapping, fly-tight lids, or other comparable containers, as may be approved by the Director of Development Services. Such containers shall be stored in an area that is enclosed on three (3) sides by a solid masonry wall and equipped with a latched gate. The wall should be six feet (6') in height. 18. Prior to installing signs, a sign permit shall be applied for, approved and obtained from the Department of Development Services. 19. Business owners may not install flashing signs, roof signs, portable signs, including A-frames and sandwich boards. Business owners may not paint any wall signs, place inflatable signs, balloons or flags, and may not place any signs in the public right of way. Signs shall not be installed on trees, light poles, fences or landscaping features. 20. Sign program shall be reviewed and approved by the Design Review Board prior to final approval by the Lynwood Redevelopment Agency 21. --No person or persons shall reside on the premises at any time. - 4 22. The property owner shall maintain apro-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. 23. Structures shall be architecturally compatible and exterior colors shall be neutral or earth tone. Trim and architectural fixtures may consist of bright colors. 24. Prior to plan check applicant/property owner shall submit color sample and obtain paint permit from the Planning Division. 25. Prior to plan check, applicant/property owner must submit a written request to the Planning Division for a new address. 26. 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. 27. Prior to the issuance of building permits the applicant shall pay Impact Fees totaling $4,387 per 1,000 square feet of building area to the Development Services Department, Planning Division per City of Lynwood Ordinance No 1574. 28. Prior to the issuance of building permits the applicant shall pay Art in Public Places Fees in the amount of 1.5 % per $100,000 project valuation to the Development Services Department, Planning Division or propose an art piece equivalent to the amount per City of Lynwood Ordinance No 1575. 29. All contractors working on the project site must obtain a City Business License prior to commencing any work. 30. The applicant shall secure refuse service from the City contracted company. 31. The applicant shall secure water service from the City of Lynwood. 32. All tenants shall obtain a Business License prior to signing lease agreements. BUILDING AND SAFETY DIVISION 33. All construction shall meet or exceed the minimum building standards that ---are referenced in the following codes. -- • The California Building Code - 2007 edition; 5 • The California Plumbing Code - 2007 edition; • The California Mechanical Code - 2007 edition • The Los Angeles County Fire Code - 2007 edition; • The National Electrical Code - 2005 edition; All as amended by the California Building Code of 2007. 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. 34. Applicant/property owner must provide a copy of permit card signed by all other departments prior to scheduling a final inspection. PUBLIC WORKS/ ENGINEERING DEPARTMENT 35. Submission and recordation of a parcel map is required. Building permits will not be issued prior to the recordation of a subdivision map. 36. Submit a grading plan prepared and signed by a registered Civil Engineer. Grading plan will be checked by the Department of Public Works/Engineering Division. No building permits will be issued prior to the approval of the grading plan by the City Engineer (see Engineering Division for standard plan requirements). 37. Reconstruct damaged sidewalk along Bullis Road and Martin Luther King Jr. Boulevard. 38. Construct two (2) wheelchair ramps at N/E corner of Martin Luther King Jr. Boulevard and the N/W corner of Bullis road. 39. The minimum distance between the garage or parking spaces and back of sidewalk is twenty (20) feet. 40. Construct ten (10) foot wide planter to separate the sidewalk from the parking lot. 41. Root prune eleven (il) existing street trees and install root barrier. 42.--Provide and install two (2) street marbelite poles with light fixture, underground --- services and conduits on Ernestine Avenue. Exact location shall be determined by the City. 6 43. Upgrade one (1) existing street light wood pole to street marbelite pole with light fixture, underground services and conduits. Exact location shall be determined by the City. 44. Underground existing utilities if any modifications are proposed for the electrical service panel. 45. All Edison vaults and structures shall be placed underground. 46. A permit from the Engineering Division is required for all off-site improvements. 47. 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 licensed contractor hired by the Developer. The contractor must obtain a permit from the Department of Public Works/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. 48. 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 by the owner(s) and submitted to the Department of Public Works/Engineering Division. 49. This project may be 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 Public Works. Building permits and/or demolition permits shall not be issued until developer/project owner contacts the Department of Public Works, Engineering Division. 50. No final sign off shall be given until all conditions of approval from the Public Works Department have been completed. 51. Resubmit Tentative Parcel Map with corrections. 52. A Traffic Study shall be prepared and submitted to the Department of Public Works, Engineering Division for approval. LOS ANGELES COUNTY FIRE DEPARTMENT 53. Access shall comply with Section 503 of the Fire Code, which requires all weather access. All weather access may require paving. 54. Fire Department Access shall be extended to within 150 feet distance of any exterior portion of all structures. 55. Where driveways extend further than 150 feet and are a single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways that extend over 150 feet in length. 56. 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. 57. 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. 58. Provide Fire Department or City approved street signs and building access numbers prior to occupancy. 59. Provide water mains, fire hydrants and fire flows as required by the County of Los Angeles Fire Department, for all land shown on map which shalt be recorded. 60. The required fire flow for public fire hydrants at this location is 2500 gallons per minute at 20 psi for duration of 2 hours, over and above maximum daily domestic demand. Hydrant(s) flowing simultaneously may be used to achieve the required fire flow. 61. l"he_ required fire flow for private on-site hydrants at this location is 2500 _ gallons per minute at 20 psi. Each private on-site hydrant must be capable of flowing 1250 gallons per minute at 20 psi with two hydrants flowing 8 simultaneously, one of which must be the furthest from the public water source. 62. Additional water system requirements will be required when this land is further subdivided and/or during the building permit process. 63. Hydrants and fire flows are adequate to meet current Fire Department requirements. 64. Per the City of Lynwood, the Fire Flow availability form(s) dated November 20, 2007, hydrants and flows meet the current Fire Department requirements. 65. Two (2) architectural set of plans shall be submitted and stamped by the Fire Department. Approved Fire Department plans shall be attached to full set before submitting to plan check. 66. 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 3213 shall be delivered to the applicant. APPROVED AND ADOPTED this 10th day of ]une, 2008, by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: 9 Lourdes Castro-Ramirez, Chair Lynwood Planning Commission Jonathan Colin, Director Development Services Department Douglas P. Haubert, Agency Attorney Planning Commission Counsel io RESOLUTION No. 3214 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING ZONE CHANGE NO. 2008-01; CHANGING THE ZONING DESIGNATION FROM P-1 (PARKING) TO C-2 (LIGHT COMMERCIAL) IN CON7UNCTION WITH A PROJECT PERMITTING THE DEVELOPMENT OF THREE (3) COMMERCIAL BUILDINGS ON PROPERTY LOCATED AT 3801-3831 MARTIN LUTHER KING 7R. BOULEVARD, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBERS 6190- 021-016, 017, 019, 020, 021 & 022 CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, on April 30, 2008 the Design Review Board Committee recommended approval of the project to develop a 15,900 square foot project subject to Conditional Use Permit No. 2008-05, Variance No. 2008-02, Zone Change No. 2008-01, Tentative Parcel Map No. 2008-02 and Negative Declaration and; WHEREAS, the Lynwood Planning Commission, pursuant to law, on May 13, 2008 conducted a public hearing and continued the item; WHEREAS, on May 28, 2008 the Site Plan Review Committee recommended approval of the project to develop a 15,900 square foot project subject to Conditional Use Permit No. 2008-05, Variance No. 2008-02, Zone Change No. 2008-01 and Tentative Parcel Map 2008-02 and Negative Declaration and; WHEREAS, the Lynwood Planning Commission, pursuant to law, on June 10, 2008 conducted a public hearing; 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 will not have significant impacts on the environment. An Initial Study was performed, conditions were incorporated, and a Negative Declaration was prepared pursuant to the California Environmental Quality Act (CEQA) Guidelines. S~tion 1. The Planning Commission hereby finds and determines as follows: - 1 A. A C-2 (Light Commercial) zoning designation of the subject property would be consistent with the Lynwood General Plan Land Use Map. B. The C-2 (Light Commercial) zoning designation is consistent with existing developments in the vicinity. C. The C-2 (Light Commercial) zoning will be consistent with goals and policies set forth in the Lynwood General Plan Land Use and Economic Development Elements. D. The C-2 (Light Commercial) 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 Lynwood Planning Commission based upon the aforementioned findings and determinations, hereby approves Zone Change No. 2008-01 and recommends that the Planning Commission adopt a resolution changing the zoning designation for 3801-3831 Martin Luther King Jr. Boulevard (Assessor Parcel Numbers 6190-021-016, 017, 019, 020, 021 & 022) from P-1 (Parking) to C-2 (Light Commercial). Section 3. A copy of Resolution No. 3214 and its conditions shall be delivered to the applicant. APPROVED AND ADOPTED this 10th day of ]une, 2008, by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: 2 Lourdes Castro-Ramirez, Chair Lynwood Planning Commission Jonathan Colin, Director Development Services Department Douglas P. Haubert, Agency Attorney Planning Commission Counsel RESOLUTION No. 3218 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING TENTATIVE PARCEL MAP NO. 2008-02 (70471) TO CONSOLIDATE TWENTY FOUR (24) LOTS INTO ONE (1) PARCEL TO CONSTRUCT THREE (3) NEW COMMERCIAL BUILDINGS ON PROPERTY LOCATED AT 3801-3831 MARTIN LUTHER KING JR. BOULEVARD, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6190-021-016, 017, 019, 020, 021, AND 022, IN THE C-2 (LIGHT COMMERCIAL) ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, on April 30, 2008 the Design Review Board Committee recommended approval of the project to develop a 15,900 square foot project subject to Conditional Use Permit No. 2008-05, Variance No. 2008-02, Zone Change 2008-01, Tentative Parcel Map No. 2008-02 and Negative Declaration and; WHEREAS, the Lynwood Planning Commission, pursuant to law, on May 13, 2008 conducted a public hearing and continued the item; WHEREAS, on May 28, 2008 the Site Plan Review Committee recommended approval of the project to develop a 15,900 square foot project subject to Conditional Use Permit No. 2008-05, Variance No. 2008-02, Zone Change 2008-01 and Tentative Parcel Map No. 2008-02 and Negative Declaration and; WHEREAS, the Lynwood Planning Commission, pursuant to law, on June 10, 2008 conducted a public hearing; 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 will not have significant impacts on the environment. An Initial Study was performed, conditions were incorporated, and a Negative Declaration was prepared pursuant to the California Environmental Quality Act (CEQA) Guidelines. Section 1. The Planning Commission hereby finds and determines as follows: A. The subdivision meets all the applicable requirements and conditions imposed by the State Subdivision Map Act and the Subdivision Regulation of the Lynwood Municipal Code Chapter 24. B. The proposed subdivision of lots is consistent with the applicable elements of the General Plan and the Official Zoning Ordinance of the City of Lynwood. C. Proper and reasonable provisions have been made for adequate ingress and egress to the subdivided lots. Section 2. The Lynwood Planning Commission hereby approves the Tentative Parcel Map No. 2008-02 (070471) to consolidate property located at 3801-3831 Martin Luther King Jr. Boulevard (APN 6190-021-016, 017, 019, 020, 021 & 022) from twenty four (24) lots to one (1) parcel subject to the following conditions: CONDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT 1. All conditions set forth in Resolutions No. 3212, 3213 and 3214 approving Conditional Use Permit No. 2008-05, Variance No. 2008-02 and Zone Change No. 2008-01 and Negative Declaration shall be observed at all times. 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 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 any permits. 6. Conditions of approval shall be printed on plans prior to submission to __ the Building and Safety Division for plan check. 2 7. Prior to obtaining a final from Building Division applicant/property owner shall obtain final signatures from other departments (i.e. Fire Department, Planning, and Public Works/Engineering Department) 8. All appeals must be brought within ten (10) working days of the date of the final action by the Development Services Director, or Site Plan Review Committee. An appeal will be scheduled for public hearing before the Lynwood Planning Commission. Persons filing the appeal must submit application and pay a fee of $1,083 PLANNING DIVISION 9. Within twenty-four (24) months, after approval or conditional approval of the Tentative Tract Map, the subdivide shall file with the City of Lynwood, a Final Tract Map in substantial conformance with the Tentative Tract Map as Conditional approval, and in conformance with the Subdivision Map Act and the Subdivision Regulations of the City of Lynwood. 10. No grading permit, building permit or a certificate of occupancy, shall be issued prior to recordation of the Tract Map or another appropriate instrument approved by the City of Lynwood, in conformance with the Subdivision Map Act of the State of California and the Subdivision Regulations of the City of Lynwood. 11. Extension of the Tentative Tract Map approval shall only be considered if the applicant or his/her representative, submits a written request for extension to the Development Services Department stating the reasons for the request, at least thirty (30) days before map approva- is due to expire, pursuant to, and in compliance with, Section 25-180, of the subdivision regulations of the City of Lynwood. PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION 12. 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. 3 13. 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 enclosure sheets. 14. Developer shall pay all applicable development fees including drainage, sewer water and parkway trees prior to issuance of any building permits. Pay Parcel/Tract Map checking fee prior to checking, Pay $ 100.00 monument checking fee prior to recordation. Deposit $ 50.00 with City Enaineer to guarantee receipt by City of recorded, reproducible mylarF parcel/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 guarantee prior to recording of the final map. 15. Grading and Draining A grading plan signed by a registered Civil Engineer shall be submitted for the approval of the Director of Public Works/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. Off site drainage easements 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 Public Works/City Engineer. In the event that the design is not provided, the minimum structural section that will be approved by the Director of Public Works/City Engineer would be 2 inches of asphalt on 4 inches on untreated rock base. Submit to this office aGeological/Soils Report signed by a Registered Soils Engineer. 16. Sewers The development shall be provided with public sewers. Connect to public sewer. Provide laterals as necessary. Design of all sanitary sewers shall be approved by 4 the Director of Public Works/City Engineer. All cost associated with the necessary public sewers shall be paid by the developer. 17. Water Systems The Developer shall construct a water system including water services, fire hydrants and appurtenances through the development as required by the Director of Public Works/City Engineer. The Developer shall submit a water system plan to the Los Angeles 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/Specs. The Developer shall install on-site water facilities including stubs for water and fire hydrants on interior and on boundary arterials streets. All conditions of the Los Angeles County Fire Department must be met prior to recordation. 18. Public Easement and Right-of-Way. Where drainage, sewer and other such easement are required, the minimum easement width shall be ten (10') feet to facilitate maintenance unless otherwise approved by the Director of Public Works/City Engineer. 19. Sidewalks. Design configuration and locations shall be subject to the approval of the Director of Public Works, and the Director of Development Services Department. Ramps for physically handicapped persons shall be provided both on-site and off-side as required by State and Local regulations. 20. Dust Control and Pedestrian Safety Prior to the issuance of demolition or grading permits, the developer shall: a. 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 Public Works. __ 5 21. Public Improvements The Developer shall install all public improvements, as required by the Director of Public Works/City Engineer prior to issuance of any occupancy permits for this development. Public Improvements shall include but are not limited to: a) Upgrade two (2) existing street metal pole to street marbelite pole(s) with light fixture underground services and conduits. Exact location shall be determined by City. All changes and repairs in existing curbs, gutters, and sidewalks and other public improvements shall be paid 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 competition of improvements with the City Council shall be entered into. Submit Policy of Insurance or bond protecting City against damage or injury to persons or property growing out of, related to, or resulting from improvements or work. The Director of Public Works/City Engineer will determine amount and form. Deposit with the Director of Public Works/City Engineer before commencing any improvements, a sum estimated by the Director of Public Works/City Engineer to cover cost of inspection of all improvements under his/her jurisdiction. 22. This project may be subject to the City of Lynwood Construction and Demolition Ordinance. Determination shall be made upon submittal of the projects cost estimate to the Public Works/City Engineer Department. Building permits and/or demolition permits shall not be issued until Developer/Project Owner contact the Public Works Department. Proof of reciprocal mutual access agreement must be submitted to the Public Works Department. Said agreement shall be properly recorded with the County of Los Angeles. LOS ANGELES COUNTY FIRE DEPARTMENT 23. Access shall comply with Section 503 of the Fire Code, which requires all weather access. All weather access may require paving. 24. Fire Department Access shall be extended to within 150 feet distance of any exterior portion of all structures. 25. Where driveways extend further than 150 feet and are a single access design, turnarounds suitable for fire protection equipment use shall be provided and __ shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography 6 dictates, turnarounds shall be provided for driveways that extend over 150 feet in length. 26. 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. 27. 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. 28. Provide Fire Department or City approved street signs and building access numbers prior to occupancy. 29. Provide water mains, fire hydrants and fire flows as required by the County of Los Angeles Fire Department, for all land shown on map which shall be recorded. 30. The required fire flow for public fire hydrants at this location is 2500 gallons per minute at 20 psi for duration of 2 hours, over and above maximum daily domestic demand. Hydrant(s) flowing simultaneously may be used to achieve the required fire flow. 31. The required fire flow for private on-site hydrants at this location is 2500 gallons per minute at 20 psi. Each private on-site hydrant must be capable of flowing 1250 gallons per minute at 20 psi with two hydrants flowing simultaneously, one of which must be the furthest from the public water source. 32. Additional water system requirements will be required when this land is further subdivided and/or during the building permit process. 33. Hydrants and fire flows are adequate to meet current Fire Department requirements. 34. Per the City of Lynwood, the Fire Flow availability form(s) dated November 20, 2007, hydrants and flows meet the current Fire Department requirements. 35. Two (2) architectural set of plans shall be submitted and stamped by the Fire Department. Approved Fire Department plans shall be attached to full set before __ submitting to plan check. 7 36. 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 No. 3218 and its conditions shall be delivered to the applicant. APPROVED AND ADOPTED this 10th day of ]une, 2008, by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO CONTENT: Jonathan Colin, Director Development Services Department Lourdes Castro-Ramirez, Chair Lynwood Planning Commission APPROVED AS TO FORM: Douglas P. Haubert, Agency Attorney Planning Commission Counsel 8 IT°M 1 C~^ ~®^ ~O®V~V~ DATE: June 10, 2008 TO: Honorable Chair and Members of the Planning Commission FROM: Jonathan Colin, Director of Development Services BY: Karen Figueredo, Planning Assistant SUBJECT: CONDITIONAL PERMIT No 2008-01 11846 Wilson Avenue. Assessor Parcel Number 6188-010-016 APPLICANT: Robert Vara PROPOSAL The applicant is requesting approval to construct two (2) detached residences, two- stories in height, with two (2) attached two-car garages, atwo-car garage and second story addition to the existing residence and an enclosed guest parking carport. The subject property is located at 11846 Wilson Avenue, Assessor Parcel Number 6188-010- 016 in the R-3 (Multiple-Family Residential) zone. PROJECT OVERVIEW The subject property totals 9,600 square feet in area and is located on the east side of Wilson Avenue between Josephine Street and Lavinia Avenue. 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. One open guest parking stall shall be provided. The site plan indicates the property is rectangular in shape and totals 9,600 square feet with an existing driveway providing a minimum of twenty feet (20') access. Floor plans identify one detached duplex (two units) residence consisting of two- bedrooms and an attached four-car garage and the front residence consisting of three- bedrooms and an attached two-car garage and a guest carport. Elevations indicate two-story structures twenty three and a half feet (23-6")' in height __ consisting of stucco siding and a composition dimensional shingle roof. - 1 The Lynwood Municipal Code allows a maximum density of 18 units per acre or one (1) unit per 2,240 square feet of property area. The property is sufficient in size to accommodate a maximum of three (3) residential units. 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(a). RECOMMENDATION Staff recommends that the Planning Commission approve Conditional Use Permit No 2008-01. Attachments: 1. Project Profile 2. Location Map 3. Plans 4. Resolution No. 3206 2 PROJECT PROFILE Conditional Use Permit No 2008-01 11846 Wilson Avenue (APN 6188-010-016) 1. Source and Authority Lynwood Municipal Code (LMC) Section 25.20 sets forth development standards in residential zone. 2. Property Location and Size The subject property totals 9,600 square feet in area. The applicant is requesting approval to construct two (2) detached residences, two-stories in height, with two (2) attached two-car garages and atwo-car garage and second story addition to the existing residence and an enclosed guest parking carport. Existing Land Uses Site Developed North: Century I-105 Freeway South: Multi Family Residential West: Multi Family Residential East: Multi Family Residential 3. Land Use Desianation 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: Site General Plan North: Century I-105 Freeway South: Multi Family Residential West: Multi Family Residential East: Multi Family Residential Zonina R-3 (Multi Family Residential) R-3 (Multi Family Residential) R-3 (Multi Family Residential) 3 4. Design Review Board The Design Review Board has reviewed the project and recommended approval as presented. 5. Site Plan Review The Site Plan Review Committee has reviewed the project and recommends approval of Conditional Use Permit No. 2008-01 6. Code Enforcement History None at the time of this report. 7. Public Response None at the time of this report. 4 LOCATION MAP ~r~F~ Y oseRh/ne Sr 7 b V ve ~a rvl~/a H ~°' ~' G c ro od r A~ Olarttla '°~'t'i~ton Ave i 4iBlan St lfl , N y m ~' ~~ m Q Q a~ m ~ Cori'/a~Y ~ ~ ,-, 4 Sr Femr tu` S 4 ~a ~ ~, ~ An S•, m R Orgr~Q~~k'1' figrn~~Ave ° e°y t ~'° s ..` ~ ~ q ,_ ~~ ~ ~r .v Jp -~~ ~Pph~„P 'a ~°i Sr 'y c@~r~~~ a ~ ~Q~ k'Y } ~ 1.avraragve ar e ~ ~ ~ •11845 WILSON .... Nitartd Sr a~ J-avinla Ava ~ , G aJvaga S2 M1/ilanq Sf G ~ y ~ lark St y ~ .° S ~~ K ~ aL ~ ~ ro r ~~ _ C_ )ark si 1 'C' m tao t J o D m~ _ "~ a` Cary, .o x ~ pelfeur S2 9~A ~ ,, d . 1 ~. ', r 1 Rayborn st ~ ,, t Otantla S2 Q ~~ O 4 e 1~1E ~ ' c~ / ~ y _ ~ F+='tfite 5! ~ ! O ~ ~ C~ - O F ~cNldran St ~ 3. M'cMr2Jan 51 ~ m ~m ¢ ` a~ w , - ~o a ~ ~ „~,,...,_.. ~,- tp ~ - ~._ ~ ~ ©2008 Google -Map data ©2008 NAVTEQT"" s~ S ~' -Terms of UsQe N 1~~ E S SITE ADDRESS: i i R46 WIL~QN AUENIIF CASE No.: CUP 2008-01 APPLICANT: Roberto Vara RESOLUTION No. 3206 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2008-01, TO CONSTRUCT TWO (2) DETTACHED RESIDENCES, TWO-STORIES IN HEIGHT, WITH TWO (2) ATTACHED TWO-CAR GARAGES AND ATWO-CAR GARAGE AND SECOND STORY ADDITION TO THE EXISTING RESIDENCE AND AN ENCLOSED GUEST PARKING CARPORT ON PROPERTY LOCATED AT 11846 WILSON AVENUE, ASSESSOR PARCEL NUMBER 6188-010-016, IN THE R-3 (MULTI FAMILY RESIDENTIAL) ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, on June 10, 2008 conducted a public hearing; and WHEREAS, the Planning Commission considered all pertinent 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 (a); 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 Multi-Family Residential 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. 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 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. C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. The site is appropriate in size to house the proposed new structures consistent with the R-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. No variances are necessary. 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. 2008-01, 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. 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 the 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. 2 6. Conditions of approval shall be printed on plans prior to submission to the Building and Safety Division for plan check. PLANNING DIVISION 7. Each garage shall have an interior dimension of 20' by 20'. 8. A minimum of one (1) open guest parking stall shall be made permanently available for guests. 9. All driveways shall be permanently paved, maintained and remain clear and accessible for vehicle access at all times. 10. 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, drive 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. il. A six (6') foot high solid and sight obscuring block 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 or picket fences constructed of wood synthetic plastic. 12. Prior to the issuance of building permits, the developer shall pay $2.97 per square foot to the Lynwood Unified School District. 13. Acoustical construction materials shall be used throughout the units to mitigate exterior noise to the standards and satisfaction of the Building and Safety Division. 14. The roof shall be constructed with anon-reflective material of concrete tile, Spanish tile, ARC 80 or equivalent subject to review by the Planning Commission. 15. 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 _ the neighboring residents, in accordance with the City's Noise Ordinance. 3 16. Water heater unit shall be enclosed, framed, painted and finished to match residential units. 17. The property owner shall maintain apro-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. 18. 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. 19. Prior to plan check applicant/property owner shall submit color sample and obtain paint permit from the Planning Division. 20. Prior to plan check applicant/property owner shall submit a written new address request to the Planning Division 21. All contractors working on the project must have current business license issued by the City of Lynwood. 22. This project is subject to the City of Lynwood's Development Impact and Art Fees, City of Lynwood Ordinance No 1575. PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION 23. Submit a grading plan prepared and signed 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 the grading plan by the City Engineer (see Engineering Division for standard plan requirements). 24. Reconstruct damaged sidewalk along 11846 Wilson Avenue. 25. Reconstruct damaged and substandard drive approach(es), per APWA standards. (to be used for ingress and egress as shown on site plan). 26. 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. Video taping and verification of sewer lateral size and conditions must be done in the presence of City Engineer/Inspector. Any and all existing sewer laterals less 4 than six inches (6") in diameter shall be abandoned at the property line per City instructions. 27. Regrade parkway and landscape with grass. 28. Provide and install one (1) street marbelite pole(s) with light fixture, underground services and conduits on 11846 Wilson Avenue. Exact location shall be determined by the City. 29. Underground all new utilities. 30. A permit from the Engineering Division is required for all off-site improvements. 31. 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. 32. This project may be 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 Public. Works. Building permits and/or demolition permits shall not be issued until developer/project owner contacts the Department of Public Works, Division of Public Works. 33. No final sign off shall be given until all conditions of approval from the Public Works Department have been completed. BUILDING AND SAFETY DIVISION 34. All construction shall meet or exceed the minimum building standards that are referenced in the following codes: • The California Building Code - 2007 edition; • The California Plumbing Code - 2007 edition; • The California Mechanical Code - 2007 edition; • The Los Angeles County Fire Code - 2007 edition; • The National Electrical Code - 2005 edition; 5 All as amended by the California Building Code of 2007. 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. 35. Applicant/property owner must provide a copy of permit card signed by all other department prior to schedule a final inspection. LOS ANGELES COUNTY FIRE DEPARTMENT 36. The required fire flow for this development is 1250 gallons per minute for 2 hours. The water mains in the street fronting this property must be capable of delivering this flow at 20 pounds per square inch residual pressure. 37. Verify one 6"x4"x2 ~/z" fire hydrants, conforming to AWWA Standard C503-75 or approved. All installations must meet Fire Department specifications. Fire hydrant systems must be installed in accordance with the Utility Manual of Ordinance 7834 and all installations must be inspected and flow tested prior to final approval. 38. Location: Flow tests the existing public fire hydrant within 450 feet of the proposed development. 39. Access: Access is adequate as shown on the site plan dated May 22, 2008 on Ole in this office. 40. Special Requirements: Provide evidence on LACoFD Ore flow form, Form #195, that the hydrant(s) and available flow rate(s) meet LACoFD requirements. Submit this completed form to the City of Lynwood Building and Safety Department. 41. Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required Ore hydrants shall be installed, tested and accepted prior to construction. 42. Two (2) architectural set of plans shall be submitted and stamped by the Fire Department. Approved Fire Department plans shall be attached to full set before submitting to plan check. 43. 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. 6 Section 3. A copy of Resolution No. 3206 and its conditions shall be delivered to the applicant. APPROVED AND ADOPTED this 10th day of Tune, 2008, by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO CONTENT: Jonathan Colin, Director Development Services Department Lourdes Castro-Ramirez, Chair Lynwood Planning Commission APPROVED AS TO FORM: Douglas P. Haubert, Agency Attorney Planning Commission Counsel 7 ITEM ~' 12 C~lP NO. 2008-04 & VAlZ NQ. 2008-01 DATE: June 10, 2008 TO: Honorable Chairman and Members of the Planning Commission FROM: Jonathan Colin, Director of Development Services BY: Harden A. Carter, Interim Associate Planner SUBJECT: Conditional Use Permit No. 2008-04 & Variance No. 2008-01 4271 Carlin Avenue Legal Description: ]] Bullis Tract lot ex of st com S71 & E 1009 Ft. from most w corner of lot 2 th S 71 & E 94 Ft with a uniform depth of 464.78 ft. N. 19&15'EPartof lot 2. APPLICANT: Carolyn Romero, Lynwood SNF Properties, LLC PROPOSAL The applicant is requesting approval of Conditonal Use Permit # 2008-04 to re-establish a skilled nursing program in an existing 21,198 square foot skilled nursing facility with 17 parking spaces on-site, on a 39,660 square foot parcel, and Variance # 2008-01 for the establishment of off-site parking for ten (10) of the 27 required parking spaces for property located at 4271 Carlin Avenue Assessors Parcel Number 6186-011-025 in the R-3 (Multi-Family Residential) zone. PRO]ECT OVERVIEW The proposed skilled nursing facility is located in the middle of asingle-family residential neighborhood and adjacent to an existing multiple family residential building. The proposed skilled nursing program is projected to have a maximum of 104 clients, and 15 employees. The applicant is proposing that the employees of the skilled nursing facility park in the proposed off- site parking lot. Section 25-65-9 Municipal Code requires that the off-site parking be located on a lot that is contiguous to the subject property. ENVIRONMENTAL REVIEW The._2evelopment Services Department has determined that the proposal is categorically exempt f~o~ the provisions of the California Enviornmental Quality Act Guidelines Section 15301~a) RECOMMENDATION Staff respectfully requests that the Planning Commission continue this time to the next regular scheduled Planning Commission meeting. -1- LOCATION MAP ___ _- .~ s1 __ _ - - _ _- ~•~-- -- ewsrer -- - a, - -- - ~~phi ~4P 4r ne S1 g r~'~sre,~ C h urn U~'n'e sf ~~ ~m ~ ~~'rn ~ v e ~m Q Agnes re '~- ~ c e Av a ~ ~n ~ ~ ~~~ ~ z rFl`n~ ° C ~rU ~'~ m a Q d d St ~ T y, ~ ~ A.~rrES~ye ' ~ o v, fiHm~Q~ ; ~ °' C7 ~ ~ ~~ tir ~ ~+ J4S~'Fhf ~` Sr a 4 C~ehry A ~dBr, ~ 4 ~~ ~ ~ p ~ ~ Q ~ ~ O U ~.~ ~' ~ ~ '48n~ A ve c Q J0~'i ~~gnaia,y La~'Mre,y~e ~m ~ m mac, V e Q ~ Q o ~ Q ~ ca.7ir •c ~ Rrv ~a sr ~ C a aV ~n~ Aye h~ NiJa++ar Q Ldvrn~ Av ~ r Aye O Sr o i ~ paid ~~ ALe ~C ` ~ ,Ci ~ .u c ~' Nifar~y3r ~ ~ s' ® 4271 CARLIN ro ' ~~ ~°• ~ Afvaga S2 ~ lr Kille ~ Pi ~ ° Ca~+ h Are ~ ~ ~m Clark St fiOf ~TgrQ. `~ 2 o i ~ m Q ~~ lu ~ n ~ - ~ 1 rDn A~ e ti 3 ~+ U~ ~v a~ ~ A o ~ m ` i ~ ` ~ ~ p • I dr% $f ~ y -+ ~ O z $ ~ry' p I ~ c ~ ~ ~~' `~ u ~ C` ~W m ~ q ~ ~v 2 ~ ~ r ~' ~f ~' // ~t~fi #e St i oC' O` o ~~ ~ y S ~, ` s~' '~,g si ,~ ~I' i ~ iC 2 ~ S ep T R~ ~ QJ ~ y ~ ~ 47 '4 ~ i ~, e ~ ~Idrrda St - I do St ~ m z ~ u Q ~ ° ~ 008 Googte - M p data ©2008 NAVTE ~"' -Terms of Use SITE ADDRESS' 4271 CARLIN AVENUE l~l E 5 CASE No.: CUP 2008-04 & vAR 2008-01 APPLICANT: Carolyn Romero ITEM ~3 CUP NO. 2008-0~ & VAIZ NO. 2008-03 DATE: June 10, 2008 TO: Honorable Chairman and Members of the Planning Commission FROM: Jonathan Colin, Director of Development Services BY: Harden Carter, Interim Associate Planner SUBJECT: Conditional Use Permit No. 2008-06 Variance No. 2008-03 3598 Martin Luther King Jr. Boulevard Assessor Parcel Number 6191-016-021 APPLICANT: Garnett Newcombe, Human Potential Consultants, LLC (HPC) PROPOSAL Garnett Newcombe, of the Human Potential Consultants, LLC (HPC) is requesting that the public hearing for the Adult Resource Center, Conditional Use Permit No. 2008-06 for the proposed Adult Resource Center; and Variance No 2008-03 to reduce the number of parking spaces required by the parking standards of the Municipal Code, on property located at 3598 Martin Luther King Jr. Boulevard, Assessor Parcel Number 6191-016-021 in the H_M_D (Hospital Medical Dentist). PROJECT OVERVIEW The Adult Resource Center has a total of 14,000 square feet. The program will provide room and board with supportive services. The facility and program, already administered at two other Southern California locations, is monitored by supporting agencies both local and federal. The parcel totals 45,620 square feet in area and is located on the west side of Martin Luther King Jr. Boulevard between Brenton and Norton Avenue. The facility will serve a maximum of 75 residents at any one time. The residents will stay at the facility an average of six-months, however, the programs are tailored to the needs of the individual. 1 ENVIRONMENTAL REVIEW The Development Services Department has determined that the proposal is categorically exempt from the provisions of the California Environmental Quality Act Guidelines Section 15301 ~a> RECOMMENDATION Staff respectfully requests that the Planning Commission continue this time to the next regular scheduled Planning Commission meeting. 2 LOCATION MAP 'o Ave .i _ _ ____ _ a a ¢ m _ _ _ __ _ _ ~ X ___ _ _ ____.___ Tcnz~ JaAve c EC. '~ ~ ~ M! ~ ~ + _ t r a SL > ~Y.77~yi} A elf Ave ~' ~ ~ a ~ t ~ Y ~ ~ ~ ti y. ¢ } = ~ '~ ~ s '` •t l ~ s is ep ~ ~ c ~ ~ ~ • • 3fi;pt7 l-11ttlQr ~(fF} 9 J, Bfvd ~ ~ ~~ ~ ~a~yrj~~r Ab6vit Rd ~ ~^ .j~ - Abbott Rd Atrrta Ave ~ ~ ~ n ~~ ~ .d _'c. ~ ~ rzataeth Ave ~ ~ ~' ~ Alma A ve , ,~ ~ m. ~ ~ ~~, } ~~ qq ~~'' AlmaAvz - ' sc ~ ~ 3598 ~K JR BLED ~' ~ ~ , Norton Awe !.~ ~y~h~ L c ~ Q ~ofthrl Ave ~'~ ~ , `~ ~ f ? ° ~ C, ~~ - ~ N~+nOrt Ay ` - . r tp Los Flores Blwd .p tP ~ m C) t,os Ftores 67ud ~ a f ~. ,~~sc1 q` ~ i ~ trnporiat ryKy _ lct`~t~~' s~' G`? t ar' ~ cu St ~rarseis ~ `~ ,~ $ ~~ Ave '~ ~;•3cti R Ba Medical Center ~~ ~ { eve ~ ,~ect}wocxi ~tve - 8e st ~' 9 v ~ c`~ ui ea~ar ~ Cf t ~ r ~ ~7 •~o~ ~ ~ ~ • i ' ,•~ d' 4 + ~ ,N ~ ' r ~ - _ ~ Sanbvria ~tre E+,d - - _ , t 8~ Lynwos~ci ' ' ' Csty dark ~~~7 ~~ 4 ~ ~Ul{QPC~ r4ye ~ _ i j~t , ~° , ~ ~y - - ,' ~ s '. _ ~ m j ~ S~~~tB Google -Map data ©2008 PIAVTEQTM' -Terms ot~se l1' ~ E 5 SITE ADDRESS: 3598 MARTIN LUTHER KING JR. BOULEVARD CASE NO.: CUP 2008-06 & VAR 2008-03 APPLICANT' Garnett Newcombe