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HomeMy Public PortalAbout97-008 (01-04-97)RESOLUTION N0. 97-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 95-12 (CUP 95-12) TO ALLOW AN EXISTING -•"- RESIDENTIAL DWELLING UNIT AT 11832-36 1/2 WILSON AVENUE IN THE R-3 (MULTI-FAMILY RESIDENTIAL) ZONE, LYNWOOD, CALIFORNIA. WHEREAS, the Lynwood City Council, pursuant to law, on February 04, 1997 conducted a public hearing on the approval of the Planning denial of subject application; and ~ WHEREAS, the City Council considered all pertinent testimony offered at th e public hearing; and WHEREAS, the Community Development Director has determined that the proposal is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15303b of the State CEQA Guidelines; and WHEREAS, a Conditional Use Permit is required for residential development in the R-3 (Multi-Family Residential) zone; therefore Section 1. The City Council hereby finds and determines as follows: A. The site of the proposed use is adequate in size and shape to accommodate the structures, parking, walls, landscaping, driveways and other development features required by the Official Zoning Ordinance, provided Variance Case No. 36 has been approved to reduce the rear yard setback, distance between buildings, and required parking. ' B. The structures, as proposed, subject to conditions, will not have a negative effect on the values of surrounding properties or interfere with or endanger the public health, safety, or welfare as long as requirements of the Building and Safety Division are met. C. The site will be developed pursuant to the current zoning regulations and site plan submitted and approved by the Site Plan Review Committee. D. The granting of the Conditional Use Permit will not adversely affect the General Plan. E. The proposed development will add to the City's affordable housing stock in accord with the policies of the Housing Element of the General Plan. Section 2. The City Council of the City of Lynwood, based upon the aforementioned findings and determinations, hereby grants the appeal of the property owner approves Conditional Use Permit, Case No. 95-12, provided the following conditions are , observed and complied with at all times: h:\resolutn\2567cc 1 COMMUNITY DEVELOPMENT DEPARTMENT 1. The proposed development shall comply with all applicable regulations of the Lynwood Municipal Code, the Uniform Building Code and the Fire Code and be in substantial compliance with plans on file with the Community Development Department. 2. Any proposed subsequent modification of the subject site or structures thereon, shall be first reported to the Community Development Department, Planning Division, for review of said modifications. 3. The applicant shall meet the requirements of all other City Departments. 4. Prior to issuance of any building permit, the applicant and/or his representative shall sign a Statement of Acceptance stating that he/she has read, understands, and agrees to all conditions of this resolution. 5. This Conditional Use Permit shall lapse and become void one hundred and twenty (120) days after the use permitted has been abandoned or has ceased to be actively exercised. PLANNING DIVISION CONDITIONS 6. Al1 work shall be performed by a licensed contractor as per plans, specifications and current codes. 7. The applicant shall apply for a Lot Line Adjustment to include the 180 square foot portion of land to the east end of the subject property. 8. The applicant shall contact the U.S. Post Office (Lynwood main office) to establish the location of mail boxes serving the proposed development. 9. Construction shall commence within (6) months from date of issuance of building permits. 10. Landscaped areas are to be a minimum of twenty-five (25%) percent of the lot area. 11. The required front, rear, and side yards shall be landscaped and shall consist predominately of plant materials except for necessary walks, drives and fences. 12. A minimum two (2) car garage shall be provided for each dwelling or as approved under Variance Case No. 36. 13. A six (6') foot high block wall shall be installed along the perimeter of the property, except within the twenty (20') foot front yard setback. In this setback, if built, the wall shall not exceed a height of four (4') feet measured from top of curb. 14. No side yard shall be less than five (5') feet or as approved under Variance Case No. 36 15. Final building elevations, including materials of construction, shall be submitted to and approved by the Building Official and the Planning Division prior to issuance of any building permits. h:\resolutn\2567cc 2 16. Unit number four (4), as ideri£ified in the approved site plan, will not be issued building permits, including electrical permits, unless in compliance with requirements of Southern California Edison and the Building and Safety Division of the City of Lynwood. 17. Before any building permits shall be issued, the developer shall pay $1.84 per square foot for residential buildings to the Lynwood Unified School District, pursuant to Government Code Section 53080. ~ 18. All driveway and parking areas shall be paved. 19. Acoustical construction materials shall be used throughout the units to mitigate freeway noise to the standards and satisfaction of the Building and Safety Division. 20. Prior to obtaining a building permit, the design of any exterior elevation changes to the building must be approved by the Director of Community Development or his/her designee. 21. All building elevations shall be architecturally treated in a consistent manner, including the incorporation within the side and rear building elevations of some or all of the design elements used for the primary (front) facades. 22. All security fences, grills, etc. shall be architecturally compatible with the design of the subject and adjacent building. In addition, no security fences, grills, etc. shall be installed without the prior written approval of the Director of Community Development. 23. 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 shal~ be screened from surrounding properties and streets and operated so that they do not disturb the peace, quiet and comfort of neighboring residents, in accordance with the City's Noise Ordinance. 24. A cover sheet of approved conditions must be attached to plans prior to submission to the Building and Safety Division. 25. The owner of the site shall maintain a pro-active approach to the elimination of graffiti from the structures, fences and accessory buildings, on a daily basis. 26. For the purpose of providing heating for any dwelling proposed, only an energy efficient forced air furnace shall be used, and the use of any wall furnace is expressly prohibited. PUBLIC WORKS ENGINEERING DEPARTMENT 27. Construct a four (4') foot wide sidewalk along the Wilson Avenue frontage of property. ~ 28. Reconstruct damaged sidewalk, along the Wilson Avenue frontage of the property. 29. Construct one (1) wheelchair ramp at the northeast corner of Lavinia Avenue & Wilson Avenue. 30. Install one (1) 24" box street tree per A.P.W.A. standard plan along the Wilson Avenue frontage of the property. h:\resolutn\2567cc 3 31. Regrade parkway and landscape with grass. 32. A permit from the Engineering Division is required for all off-site improvements. FIRE DEPARTMENT The Fire Department found no cause to establish conditions for this application. Section 3. A copy of this resolution shall be delivered to the applicant. APPROVED AND ADOPTED this 4th day of January , 1997, by members of the City Council voting as follows: AYES: COUNCILMEMBER BYRD, HEINE, HENNIN6, REA, RICHARDS NOES: NONE ABSENT: NONE ABSTAIN: NONE /~ / PAUL RICHARDS, MAYOR APPROVED AS TO CONTENT: ~~.e~c. ,~ ~~~ A~VDREA HOOPER CITY CLERK STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) APPROVED AS TO FORM: 1~~.;~ ~. i2,.a..~ 4!ILLIAM 8 RUDELL CITY ATTORNEY I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. 97-8 on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this 5th day of January, 1997. h:\resolutn\2567cc LG~~ ~ City Clerk 4