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HomeMy Public PortalAboutA 2008-08-12 - PLANNING COMMISSION city o~ ~Yl~T~O®D .~.~,.. ~ City ~1Aeeting ChaQQenges 1 I ~ ~' ( 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (pp310) 603-0~2®20 /~ F1G~iPa®/~ LVN1M®®® PL~INNI1~lG COP~9~9ISSI®fV CITY HALL COUNCIL CFiAMf3ERS 11330 BULLIS ROAD LYNWOOD, CA 90262 August 12, 2008 6:30 P.M. PLANNING COMMISSIONERS Kenneth West Lourdes Castro-Ramirez Chair Vice-Chair CITY OF LYIVW(7UD CITY CLERK FICE ~%i!?l.vrs`t~ c~ ~~~ Zelda Hutcherson Commissioner Alex Landeros Rita Patel Rebecca Wells Bill Younger Commissioner Commissioner Commissioner Commissioner COMMISSION COUNSEL Law Office of Aleshire and Wynder Douglas P. Haubert Assistant City Attorney STAFF Jonathan Colin, Karen Figueredo, Michael Allen, Harden Carter, Director Planning Assistant Associate Planner Associate Planner Kimberly Gonzalez, Administrative Analyst I RECEIVED AUG 0 T 2008 Jose Sanchez, Intern 1 OPENING CEREMONIES 1. Call meeting to order. 2. Flag Salute. 3. Roll call of Commissioners. 4. Certification of Agenda Posting. 5. Minutes of Planning Commission Meetings: 7uly 08, 2008 SWEARYNG IN SPEAKERS 6. The Lynwood Planning Commission shall swear in all persons wishing to testify on any item listed on the Planning Commission Agenda. Residents shall swear to tell the truth, the whole truth and nothing but the truth. PUBLIC ORALS 7. At this time, any member of the public may comment on any issue within the jurisdiction of the Planning Commission that is not on the Agenda. Members of the public may also comment at this time on any Agenda Item that is not scheduled for a public hearing. To preserve continuity, the Planning Commission Chair may, at his/her discretion, request members of the public wishing to comment on Agenda Items for which public hearings are not scheduled to hold their comments until just prior to the Commission's discussion of the Agenda Item in question. CONTINUED PUBLIC HEARINGS NONE CONTINUED REGULAR AGENDA 8. Conditional Use Permit No. 2008-04 APPLICANT: Carolyn Romero 4271 Carlin Avenue APN 6186-011-025 2 Proposal Request to operate a Skilled Nursing Facility (Convalescent Home) and to maintain the existing reduced side, and rear yard setback 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 approve Conditional Use Permit No. 2008-04. 9. Appeal No. 2008-01 APPLICANT: Sabino Chavez 5158 Martin Luther King Jr. Boulevard APN 6189-037-007 Proposal Request to legalize second unit (duplex) and utilize two existing 2-car garages to satisfy parking requirements, on property located at located at 5158 Martin Luther King Jr. Boulevard in the R-2 (Two Family) residential zone. Recommendation Staff recommends that the Planning Commission continue Appeal No. 2008-01. NEW REGULAR AGENDA CO6~WIISSION ORALS STAFF ORALS AD)OURNNiENT Adjourn to the regular meeting of the Lynwood Planning Commission on September 09, 2008 at 6:30 p.m. in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California, 90262. 3 ITEM #5 MINUTES ~7-08-~8 LYNWOOD PLANNING COMMISSION MEETING JULY 8, 2008 The Lynwood Planning Commission met in regular session in the City Hall Council Chambers. Chair West called the meeting to order at 6:32 p.m. Commissioner Younger led the flag salute. Director of Development Services Colin corrected for the record the date, July 08, 2008. Chair West inquired if the Agenda had been duly posted. Director of Development Services Colin indicated the Agenda had been duly posted in accordance to the Brown Act. Chair West requested the roll calf. Commissioners Landeros, Hutcherson, Wells, Patel, Younger and West answered the roll call. Vice Chair Castro-Ramirez was absent. Also present were Director of Development Services Jonathan Colin, Planning Associates Harden Carter and Michael Allen, Planning Assistant Karen Figueredo, Administrative Analyst I Kimberly Gdnzalez, Public Works Engineering Manager Elias Saikaly, Development Services Intern Jose Sanchez and Planning Commission Counsel Douglas Haubert. Item #5: Minutes Tune 10 2008 Chair West announced Agenda Item #5, Minutes of the June 10, 2008, Planning Commission meeting. Motion by Commissioner Younger to approve the June 10, 2008 minutes, seconded by Commissioner Wells. Chair West requested the roll call and the motion was passed by general consensus. Item #6: Swearing in Speakers Chair West requested City Clerk Quinones swear in citizens wishing to speak on any Agenda Item. Item #7: Public Orals NONE Item #10: CUP No. 2008-06 & VAR No. 2008-03 Applicant: Garnett Newcombe, Human Potential Consultants, LLC (HPC) Planning Associate Carter stated that the application is for Conditional Use Permit No. 2008-06 for the establishment of an Adult Educational and Occupational Resource Center in an existing care facility building with 24-hour residency. The second application is Variance No. 2008-03, a request to reduce the number of parking spaces required by the Lynwood Municipal Code for the proposed Adult Education and Occupational Resource Center, on a 45,620 square foot parcel located at 3598 Martin Luther King ]r. Boulevard in the H-M-D (Hospital-Medical- Dentist) zone. The project site consists of a single-story, 28,853 square foot building with 16 parking spaces accessed from an adjacent alley. The building is currently unoccupied. The perimeter side yards and three interior courts of the facility are proposed for new landscaping. Once completed, the building will include administrative offices, meeting rooms, residential rooms, kitchen, a dining room, storage, a reception area and restored interior-outdoor courtyards. The Development Services Department has determined the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1 (a). Staff recommends that the Planning Commission adopt Resolution No. 3215 & 3216 denying Conditional Use Permit No. 2008-06 and Variance No. 2008-03. Commissioner Landeros asked if it is a Drug Rehabilitation Center. Planning Associate Carter stated that it is an Adult Education & Occupational Resource Center. Commissioner Landeros asked if the attendees are drug screened. Planning Associate Carter stated that he was not aware of specifics. Commissioner Wells asked about the entrances to the residences. Planning Associate Carter stated that the entry is through the alley. Commissioner Younger asked if the project meets parking requirements. Planning Associate Carter stated that not exactly. The applicant hired an engineering firm to determine the parking. Staff and the applicant differed on the number of spaces. Commissioner Landeros asked if staff had researched these types of programs in Lakewood. Planning Associate Carter stated that staff did not but encouraged the applicant to do so. Chair West opened the public hearing Chenelle Bremer, 683 Loyola Ave. Carson, Ca. 90746 spoke in favor of the project. She is the Human Resources Manager for the company. She stated that they teach their customers and give training for job opportunities. Makai Ali 500 E. Carson Plaza Drive, Ste. 100 Carson, Ca. 90746 spoke in favor of the project and presented a power point presentation outlining the purpose of this project and the parking situation. Commissioner Younger asked the applicant if the people reside there full-time and if they are allowed visitors. Mr. Ali responded that they will be living there and may have visitors but by appointment. Commissioner Younger asked about the handling of deliveries of supplies. Mr. Ali responded that there is a loading/unloading dock off of Norton. Commissioner Younger asked if there are 50 visitors and only two visitors' spaces how would the visitors be addressed. Mr. Ali responded that visitation is done on a rotation and by appointment. Commissioner Hutcherson asked about a" transportation component to the program. Mr. Ali stated that they have one similar to that of Job Corps. Commissioner Hutcherson asked about the job placement. Mr. Ali stated that once the applicant graduates they move on. While in the program they have vans to transport the individuals to job interviews. 3 Commissioner Hutcherson asked what the approximate earnings are for individuals who complete the program. Mr. Ali responded that it varies depending on the employment. Commissioner Wells asked where would the vans that are used for transportation be parked. Mr. Ali stated that there are two spaces available for loading and unloading. Mr. Ali also stated that the vans are not kept on site overnight. Commissioner Wells asked where the vans are kept. Mr. Ali stated that the vans are kept at their transportation facilities located in Carson and Los Angeles. Commissioner Wells asked about the safety of the children from the schools across the street. Mr. Ali responded that all drivers are licensed and have not had any problems. Commissioner Wells asked if recruitment was geared towards Lynwood residents. Mr. Ali responded that they are targeting Lynwood residents. Most of his employees live locally: Carson, South Gate, Lynwood, Paramount, Compton. Chair West asked about the screening process. Mr. Ali stated that they have a very comprehensive process. Chair West asked about a criminal background check. Mr. Ali stated that all applicants go through an extensive background check. Chair West asked if anyone on probation will be allowed in the program. ' Mr. Ali briefly responded no and stated that it varies because the city requires a background check. Chair West asked how they keep individuals on campus and not out in the city during night hours. 4 Mr. Ali stated that they are not allowed to roam out during the nights or day time. Commissioner Landeros asked if assistance would be given to any Lynwood residents requesting training. Mr. Ali stated that they would immediately send them to the corporate office to begin receiving training. Commissioner Landeros asked about residents having vehicles and if they would still be allowed to enter the' program. Mr. Ali stated that they are allowed to go and receive the training and then leave. Chair West asked where the individuals that have vehicles would park. Mr. Ali stated that if they have a vehicle they send them directly to the facility in Carson. He also stated that no individual will have a vehicle. Chair West inquired about staff parking. Mr. Ali stated that the maximum number of employees would be no where near 30 employees at one time. Kyle Mayberry, 1580 Corporate Dr. Ste. 122, Costa Mesa, CA. 92626 spoke in favor of the project. He addressed the parking situation for employees and stated that they will be having three shifts throughout the day. Commissioner Patel asked how many transportation vehicles they will have. Mr. Mayberry responded that they will be having four vehicles Silvia Ortiz, 3204 Louise St. Lynwood, Ca. 90262 spoke in favor. She explained personal experiences and how a similar program helped her. Steven, 8957 Victoria Ave, South Gate, Ca. 90280 spoke in favor of the project. He spoke about the job skills he obtained at HPC. Edgar Maldonado 1130 Gage Ave. Los Angeles, Ca. 90044 spoke in favor of the project: He really hopes the Commissioners support the HPC program because it really helps people out. 5 Alejandra Rodriguez 15932 Paramount Blvd. Paramount, Ca. 90723 spoke in favor of the project. She is working for HPC and they have helped her a lot. Frank Ortiz 3204 Louise St. Lynwood, Ca. 90262 spoke in support of the project. Alejandro Dominguez 11120 Stockwell Dr. Lynwood, Ca. 90262 spoke in support of the project. Natalie Gabriel 10731 Barlow Ave. Apt. H, Lynwood, Ca. 90262 spoke in favor of the project. John Chavez 8957 Victoria Ave. South Gate, Ca. 90280 spoke in favor of the project. Dr. Newcombe, owner of HPC thanked the Commission for listening to their program and spoke in favor. David Rodriguez, 8990 Virginia South Gate, Ca. 90280 spoke in support of the project. Flor Funez 3347 Tenaya Ave. Lynwood, Ca. 90262 spoke in opposition to the project. Lorraine Reed 11805 Harris Ave. Lynwood, Ca. 90262 spoke in opposition to the project. Irene Garcia 2737 111`h St. Lynwood, Ca. 90262 spoke in opposition. to the project. Director of Development Services Colin stated that he received two letters in opposition to this project and staff received phone calls also in opposition. Mr. Ali corrected for the record that he did not state that they receive Federal Corrections funding. There is no loitering because applicants agree and sign up willingly to the program. Hearing no further discussion, Chair West closed the public hearing. Commissioner Landeros stated that the letters in opposition received by staff state that the project is a Drug Rehab Center when it is not. The petition also stated that the residents called the Commissioners but he did not receive any calls nor did staff give him any messages. 6 Commissioner Hutcherson stated that the petition does not have the addresses therefore the commission has no way of knowing if they are Lynwood residents. Commissioner Wells asked if the state contract is accurate. Planning Associate Carter responded that he wasn't sure. Chair West asked staff if he can get more clarification on the zone and the type of business. Planning Associate Carter responded that there is a section that describes the HMD zone. (INAUDIBLE) Planning Associate Carter briefly explained what the municipal code says. Chair West would like to make changes on the conditions. He would like to change "75 clients" to °50 clients" at a time, and require quarterly reports to the Commission (or semi-anually). Commissioner Hutcherson stated that in terms of a conditional approval, she would like to consider an initial placement of 50 clients. However in provision, not to exceed 75 clients based on the outcome of the quarterly review. Chair West questioned if it is a conditional approval what would be the time frame because that would go forever and ever. Commissioner Hutcherson stated it should not exceed 75 clients. She also stated that there are a number of conditions that she had not reviewed. Chair West informed the Commission that conditions are for them to review prior to the meeting and to say that they wish to make amendments to a particular condition. Commissioner Younger stated that he's very impressed with the presentation and what the project is about. The project does not meet the minimum parking requirements. He also questioned if the Commissioners overlooked the parking and are just ignoring the fact that the project does not meet the parking requirements. Chair West stated that the parking issue is part of the Variance and the CUP. 7 Commissioner Wells commented that it is a good program but she thinks it is in the wrong location. Motion by Commissioner Wells to adopt Resolution 3215-3216 denying Conditional Use Permit No. 2008-06 and Variance No. 2008-03, seconded by Commissioner Patel. Director of Development Services Colin called the roll and motion passed 4-2-1. A RESOLUTION ENTITLED: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD DENYING CONDITIONAL USE PERMIT NO. 2008-06, TO PERMIT HUMAN POTENTIAL CONSULTANTS, LLC (HPC) TO ESTABLISH AND OPERATE AN ADULT RESOURCE CENTER; AND VARIANCE NO. 2008-03 TO REDUCE THE NUMBER OF PARKING SPACES REQUIRED BY THE MUNICIPAL CODE ON PROPERTY LOCATED AT 3598 MARTIN LUTHER KING JR. BOULEVARD, ASSESSOR PARCEL NUMBER 6191-015-021 IN THE H-M-D (Hospital-Medical- Dentist) ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. ROLL CALL AYES: YOUNGER, WEST, WELLS, PATEL NOES: HUTCHERSON,LANDEROS ABSTAIN: NONE ABSENT: CASTRO-RAMIREZ Item #8: CUP No. 2008-03 Applicant: T-Mobile Inc. Commissioner Younger requested an abbreviated report. Planning Associate Carter stated that 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 Multiple Family Residential land use designation of the Lynwood General Plan. The project site is also designated a City Redevelopment area for residential development. The subject property is in an area measuring approximately 21 feet by 31 feet. Staff is recommending that the project be denied. Commissioner Landeros asked if there is an existing DDA. Director of Development Services Colin stated that there is. 8 Chair West opened the public hearing. Hearing no discussion, Chair West closed the public hearing. Counsel Haubert stated that there was a memo from Olivia Segura from Redevelopment. Motion by Commissioner Younger to approve Resolution 3209 denying Conditional Use Permit No. 2008-03, seconded by Commissioner Landeros. Director of Development Services Colin called the roll and motion passed 6-0-1. A RESOLUTION ENTITLED; A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD DENYING CONDITIONAL USE PERMIT NO. 2008-03, TO PERMIT THE INSTALLATION OF AN UNMANNED WIRELESS TELECOMMUNICATION FACILITY CONSISTING OF A SIXTY-ONE (61) FOOT TALL CAMOUFLAGED MONOPALM POLE, A TWELVE (12) PANEL ANTENNA, AND ONE (1) PARABOLIC DISH ANTENNA, SIX (6) RADIO EQUIPMENT CABINETS AND MISCELLANEOUS ELECTRICAL AND UTILITY EQUIPMENT INSIDE A TWELVE (12) FOOT HIGH WROUGHT IRON FENCE, ALL COATED WITH ANTI-GRAFFITI PAINT, ENCLOSED PROPERTY; AT 12217 ATLANTIC AVENUE, ASSESSOR PARCEL NUMBER 6186-012-034, IN THE CB-1 CONTROLLED BUSINESS ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE XOF CALIFORNIA. ROLL CALL AYES: YOUNGER, LANDEROS, HUTCHERSON, PATEL, WELLS, WEST. NOES: NONE ABSTAIN: NONE ABSENT: CASTRO RAMIREZ Item #9: CUP No. 2008-04 & Var No. 2008-01 Applicant: Carolyn Romero, Lynwood SNF Properties, LLC Planning Associate Carter stated that the applicant is requesting- approval of Conditional Use Permit No. 2008-04 to re-establish a skilled nursing program in an existing 21,198 square foot, 104 bed, 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 parking spaces for property located at 4271 Carlin Avenue. The proposed skilled nursing facility is located in the middle of asingle-family residential building. The proposed skilled 9 nursing program is proposed to have a maximum of 104 beds, and 15 employees. The applicant is proposing that the employees of the skilled nursing facility park in the proposed off-site parking lot. Staff respectfully requests that the Planning Commission continue this item to the next regular scheduled Planning Commission meeting. Commissioner Landeros stated that at the last meeting residents came in and complained about the parking. He also stated that this seems to be a halfway house. Chair West opened the public hearing. Hearing no discussion, Chair West closed the public hearing. Motion by Commissioner Younger, to continue the item for the next regular scheduled Planning Commission meeting, seconded by Commissioner Wells. Director of Development Services Colin called the roll and motion passed 6-0-1. Item #il: Appeal No. 2008-01 Applicant: Sabino Chavez Planning Associate Allen stated that the applicant is requesting approval of Appeal No. 2008-01 to legalize an existing single-family residence into a duplex, and utilize two existing 2-car garages to satisfy parking requirements, located at 5158 Martin Luther King Jr. Boulevard. Due to Code Enforcement issues, and in order to allow time to work with the applicant to develop the best possible solution, staff respectfully requests that the Planning Commission continue this item to the next regular scheduled Planning Commission meeting. Commissioner Landeros asked why the item is being continued. Chair West stated that at the next Planning Commission meeting there will be a complete staff report with information as to why the item was continued. Planning Associate Carter stated that it has being continued because it has code enforcement issues. Commissioner Landeros asked why he has to vote to continue the item without knowing why. Commissioner Younger responded that it has Code Enforcement issues. (INAUDIBLE) ]0 Commissioner Landeros asked why they are bringing the item back. Chair West opened the public hearing. Hearing no discussion, Chair West closed the public hearing. Motion by Commissioner Patel to continue the item, seconded by Commissioner Younger. Director of Development Services Colin called the roll and motion passed 6-0-I. Commission Orals Commissioner Wells thanked staff for all the communication. Thanked Kimberly for the training seminar registration. Commissioner Patel thanked Chair West and informed the Commission that sometimes they have to make tough decisions. Commissioner Hutcherson stated that all the emails answering her questions have been very helpful, but that a small orientation would be very helpful. Commissioner Younger thanked Jonathan for all the emails. Thanked Counsel for all the helpful information. Thanked Elias for his time regarding the complaint he forwarded to him. Thanked the Commissioners for the job they are doing and said it is not easy and sometimes they are put into positions that sometimes are in between. He also stated that Mr. West is doing a wonderful job as the Chair. Commissioner Landeros thanked staff and apologized for the hard questions. Most of the stuff is new and would like to see more information on the projects. It helps to visit the site, visit the projects. Thanks to everyone and and apologized for the confusion during the vote. (INAUDIBLE) Commissioner Landeros asked if the residents can park after the street sweeper passes by. Director of Development Services Colin stated that they can because the City Council has received many complaints. Commissioner Landeros stated that on his street residents have received three parking tickets after the street sweeper passed. Director of Development Services Colin stated that they need to fill out an initial review and that the forms are available in the Annex Building. Commissioner Hutcherson stated she would like to pick up her agenda binder instead of having it delivered to her. She also stated she had received a fax but was not sure what it was for. Staff Orals Administrative Analyst I Gonzalez stated that it is the confirmation for the APA registration. Planning Associate Carter stated that it was a very skillful agenda. Director of Development Services Colin thanked staff for putting the agenda together and thanked Kimberly for supervising the minutes. He also thanked the Commission Counsel. Commission Counsel Haubert stated that if anyone has questions to feel free to ask him. Chair West asked if there will be a California Planning Commissioners Convention in September. Director of Development Services Colin stated that it will be on September 21, and will find out if the Commissioners can go. Adjournment It was moved by Commissioner Younger, seconded by Commissioner Landeros to adjourn at 9:10 p.m. to the next meeting of the Lynwood Planning Commission on August 12, 2008 in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California, 90262. 12 YTEM #8 CUP M®. 2®0~-04 DATE: August 12, 2008 TO: Honorable Chairman and Members of the Planning Commission FROM: Jonathan Colin, Director BY: Harden Carter, Associate Planner SUBJECT: Conditional Use Permit No. 2008-04 4271 Carlin Avenue Assessor Parcel Number 6186-011-025 APPLICANT: Carolyn Romero, Lynwood SNF Properties, LLC PROPOSAL The applicant is requesting approval of Conditional Use Permit No. 2008-04 to establish a skilled nursing program in an existing 21,198 square foot, 64-bed skilled nursing facility with 16 parking spaces, on a 39,660 square foot site. There will be up to 15 employees, at least half of which will work the daytime shift and the remainder split between the other two working shifts in the evening, early morning and weekends. The applicant stated that the exterior of the facility will be improved with new paint and ground landscaping. The interior space will be upgraded with paint, new flooring, light fixtures and other finishing. BACKGROUND The applicant originally applied for a Conditional Use Permit and a Variance on April 2, 2008, to establish a skilled nursing facility program for 104 beds at the project site. The original application included Conditional Use Permit No. 2008-04 and Variarce, No. 2008-01. The Lynwood Municipal Code requires an application for a Conditional Use Permit for the applicant to establish a skilled nursing facility. The Lynwood Municipal Code requires one (1) parking space for each four (4) patient beds and one (1) parking space for each resident employee, as well as allowing for off-site parking to supplement the number of parking spaces at the project site through the variance permit process. Although 26 parking spaces are required for the 104 bed proposal, there are only 17 parking spaces at the project site. The applicant applied for the Variance No. 2008-O1 to establish parking at an off-site location to meet- the requirements for parking at the project site. The applicant proposed to enter into an agreement to share the parking lot two doors east of the -1- subject site at 4301 Carlin Avenue. The property is a church with limited and very specific day-time services and meeting uses. The variance application sought 10 parking spaces for employee parking at the church site. The off-site parking request would have been a viable proposal; however the Lynwood Municipal Code requires off-site parking to be located on a contiguous site. The proposed off-site parking lot is located one parcel over from the subject site. The proposed site does not qualify as an off-site parking location for the skilled nursing facility. The applicant was informed during the Site Plan Review process. The original scheduled June 6, 2008, public hearing was continued to the July 10, 2008, meeting by the Planning Commission upon the request of the applicant. The applicant needed to search for another viable solution to the insufficient number of parking spaces at the subject site. As the July 10, 2008, public hearing approached, the applicant again asked for a continuation of the public review of their project. However this time the applicant decided and requested to withdraw their application for Variance No. 2008-01 for the establishment of ten (10) off-site parking spaces. The applicant proposed to simply open the skilled nursing facility with the number of beds that the on-site parking would support. There are a total of 17 parking spaces on the subject site. The Municipal Code allows 68 beds. So the applicant has withdrawn their application for Variance No. 2008- 01 for the establishment of 10 off-site parking spaces, and to settle for the 17 parking spaces at the project site, located at 4271 Carlin Avenue Assessor Parcel Number 6186- 011-025 in the R-3 (Multiple Family Residential) zone. On June 26, 2008, the applicant requested that the Planning Commission continue the public hearing for the scheduled July 8 2008, date to the August 12, 2008, public hearing. At the Site Plan Review Meeting of July 30, 2008, the applicant was informed that the parking lot could only accommodate 16 standard parking spaces. The applicant also requested that staff amend their original application again to reduce the number of beds proposed from 104 to 64 beds, (or the number of beds that meets the Lynwood Municipal Code's requirement of one parking space for each four beds on the subject site. Facility Description The skilled nursing facility is a single story institutional style building located on a deep narrow lot. At the front of the parcel is a parking lot with 17 parking spaces, some substandard. The remainder of the site is covered with the skilled nursing facility. The applicant is proposing to maintain the facility as is except that it will reduce the number of beds from the original proposal to 64 from 104. The facility includes 41 bedrooms of z various sizes, each with restrooms and closets. There are a series of four (4) courtyards on the east side and the Westside of the building to provide natural light and outdoor needs of the clients. There will be a nursing station, physical therapy room, beauty shop, institutional style kitchen, a dining room, sitting room, and activity room. The Organization According to the applicant, the skilled nursing facility will be operated by Lynwood SNF Properties, LLC and managed by Dr. Malvin Yan, and Carolyn Romero RN, BSN, and Josephine Villaluz RN, BSN. Dr. Yan is currently practicing medicine as a nephrology/internal medicine specialist in Lynwood. He is affiliated with Saint Francis Medical Center, Downey Regional Medical Center and the Lakewood Regional Hospital. Josephine Villaluz RN, BSN, also an experienced manager of skilled nursing facilities. Carolyn Romero RN, BSN and is the owner and manager of the following state licensed skilled nursing facilities for the elderly; 1. 28015 Oaklar Dr., Saugus Ca. 91350 2. 21225 Georgetown Dr. Saugus, Ca. 91350' 3. 27206 Calypso Dr., Canyon Country Ca. 91350 4. 27828 Parkvale Dr. Saugus, Ca. 91350 According to the applicant, these facilities are completely operational and managed under the company name of Willowview Manor, Inc. ANALYSIS & DISCUSSION The. proposed site is in the R-3 (Multiple Family Residential) zone. The surrounding zones include R-1 (Single Family Residential), and are primarily surrounded by residential uses including one apartment building, adeep-lot single family residential tract, a church, other conventional single family residential building, and vacant properties designated for multiple family and cluster residential uses. The proposed skilled nursing program will provide extended nursing care and residency and board, primarily for the elderly. The proposed skilled nursing program in the existing facility appears to be compatible with the adjacent residential uses and the surrounding neighborhood. The Lynwood Municipal Code in the Appendix section lists skilled nursing facilities as conditionally permitted in the R-3 zone. Section 25-200-1 "Definitions" of the Lynwood Municipal Code identifies a skilled nursing facility as; 'A hea/th faci/ity that provides -3- skilled nursing care and supportive care to patients whose primary need is for availability ofskilled nursing care on an extended basis. " Section 25-65-06 "Number of Parking Spaces Required" of the Lynwood Municipal Code, °Convalescent facility", requires that skilled nursing facility provide one parking space for each four (4) beds. Furthermore, this section requires additional parking for "on-site employee housing". The applicant was able to amend the original parking lot layout, and design the subject parking lot to have 16 standard parking spaces. With 16 parking spaces, the Lynwood Municipal Code would permit 64 beds, as proposed by the applicant. Furthermore, the skilled nursing facility will not provide housing for employees, nor are any employees expected to reside over night at the facility. There will be a maximum of 8 employees and 64 resident patients at any given time with peak population during the daytime hours. The patients will not have automobiles at the facility site. The 16 parking spaces meet the Lynwood Municipal Code requirements and appear to be adequate to accommodate the applicant's proposal. In addition to the City of Lynwood, Planning and, Building & Safety Division and Public Works Department, applicants for skilled nursing facilities are subject to the requirements and oversight of the California Department of Statewide Health Planning and Development (OSHPD), and the California State Department of Health (DHS). OSHPD is responsible for the review and inspection of health facility construction projects, enforcing building standards per the California Building Standards Code during construction and rehabilitation. The DHS is responsible for monitoring patients and patient condition, as well as the quality of service provided by the caretaker institution for those patients that receive Medi-Cal payments from the State. There are minimum standards that must be met by the skilled nursing facility in order to receive patients receiving Medi-Cal payments. Skilled nursing facilities are conditionally permitted in the R-3 zone, requiring the approval of a conditional use permit from the Planning Commission, if the project meets all five required findings Section 25-130-5 "Basis for Approval or Denial" of the Lynwood Municipal Code, as follows: a. That the proposed Conditional Use Permit is consistent with the Lynwood General Plan; 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; 4 c. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; d. That the proposed conditional use complies with all applicable development standards of the zoning district and; e. That the proposed conditional use observes the spirit and intent of this zoning code.. If the findings can be presented in an affirmative manner, and the Conditional Use Permit application is approved; that approval is not entitled exclusively for the current applicant, but, the entitlement would accrue to the property. Any subsequent owner/proprietor will be able to use the property under the conditions imposed by the approved Conditional Use Permit and the Lynwood Municipal Code. CONCLUSION The proposed Conditional Use Permit complies with all of the development standards of the Lynwood Municipal Code. Staff's analysis of the required findings of Lynwood Municipal Code Section 25-130-5 for a Conditional Use Permit is as follows; A. The proposed project, a skilled nursing facility, at the proposed location in the R-3 (Multiple Family Residential) zone and land use district is in accord with the objectives of the Lynwood Municipal Code and the purposes of the zone in which the site is located. The granting of the Conditional Use Permit could not negatively affect the intent of the goals and policies of the Lynwood General Plan. The proposed skilled nursing facility provides extended nursing care and residency and board, primarily for the elderly; a use that is consistent with the Lynwood Municipal Code and the Lynwood General Plan. B. That the nature, condition and development of adjacent uses, buildings, which are residential, both multiple family and single family, have been considered, and that the use will not adversely affect or be materially detrimental to the adjacent uses, buildings or structures; C. That the facility for the skilled nursing facility is existing and is designed to accommodate a skilled nursing program, and is proposed to accommodate the number of beds permitted by the number of standard parking spaces available at the project site, as required by the Lynwood Municipal Code rendering the 5- site as adequate in size and shape to accommodate the proposed use in the existing building; D. That the proposed conditional use, the skilled nursing program, complies with all applicable development standards of the zoning district and; E. That the proposed conditional use, a skilled nursing facility observes the spirit and intent of this zoning code. ENVIRONMENTAL ASSESSMENT The Development Services Department has determined the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Class 1 (a). RECOMMENDATION Staff respectfully recommends that the Planning Commission adopt Resolution No. 3210 approving Conditional Use Permit No. 2008-04. Attachments: 1. Project Profile 2. Location Map 3. Resolution No. 3210 4. Plans PROJECT PROFILE Conditional Use Permit No. 2008-04 4271 Carlin Avenue Assessor Parcel Number 6186-011-025 1 2 Source of Authority Lynwood Municipal Code (LMC) Appendix A identifies permitted uses and conditionally permitted uses in the R-3 (Multiple Family Residential) zone. LMC Section 25-130-50 sets forth the findings that must be made by the Planning Commission for approval of a Conditional Use Permit; Section 25-65-06 "Number of Parking Spaces Required" Property Location and Size The subject property is located at 4271 Carlin Avenue near the intersection with Atlantic Avenue. The 39.660 square foot parcel is built with an existing 21,198 skilled nursing facility, currently vacant, with 16 parking spaces on-site. 3 Existing Land Uses Subject: Skilled Nursing Facility Building North: Single-Family Residential South: Single-Family Residential East: Single-Family Residential West: Multi-Family Residential 4 Land Use Designations General Plan Subject: Multi-Family Residential North: Single Family Residential South: (City of Compton) East: Multi-Family Residential West: Multi-Family Residential Zoning R-3 Multi-Family Residential R-1 Single Family Residential (City of Compton) R-3 Multi-Family Residential R-3 Multi-Family Residential -7- 5. Site Plan Review The Site Plan Review Committee has reviewed the proposed project and recommended approval subject to conditions in Resolution No. 3210. 6. Code Enforcement No record of Code Enforcement at the time this staff report was written, However the Building and Safety Division issued a "Stop Work" order in October, 2007 for construction being done without having submitted plans for permits to the City. 7. Public Response None a I ._ ey~ler~yt ~osfahi _r nr, S7 - .. 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' ~, ti yy, y a o Q u / r n `¢', ~ ~ ~ r ~~C - ,. , , u Q9~008 Google Map data ©2008 NAVTEQ3" Terms of Clse -___. .. _ ._ ~ rn_.~..-s._-_-__ - , `.- _ !; h ~~' E _i: r S SITE ADDRESS: 4271 CARLIN AVENUE CASE NO.: CUP 2008-04 & VAR 2008-01 APPLICANT: Carolyn Romero RESOLUTION NO. 3210 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2008-04, TO OPERATE A SKILLED NURSING FACILITY (CONVALESCENT HOME), AND TO ALLOW 64 BEDS FOR A TOTAL OF 16 TOTAL PARKING SPACES REQUIRED BY THE LYNWOOD MUNCIPAL CODE ON PROPERTY LOCATED AT 4271 CARLIN AVENUE, ASSESSOR PARCEL NUMBER 6186-011- 025 IN THE R-3 (MULTI_FAMILY RESIDENTIAL) ZONE, IN THE 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 on the subject application; and WHEREAS, the Planning Commission opened the public hearing; but no one in the public spoke to the issues of the case; and WHEREAS, the Planning Commission continued the public hearing to the next regularly scheduled Planning Commission meeting date of July 8, 2008; and WHEREAS, the Lynwood Planning Commission, pursuant to law on June 10, 2008, opened the public hearing and took public testimony and continued a public hearing on the subject application to the next regularly scheduled Planning Commission meeting of July 8, 2008; and WHEREAS, the Planning Commission considered all oral and written testimony offered at all the public hearing; and WHEREAS, the Lynwood Planning Commission, pursuant to law on August 12, 2008, conducted a public hearing on the subject application; and WHEREAS, the Planning Commission considered all oral and written testimony offered at all the public hearing; and WHEREAS, the Development Services Department has determined that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(b); Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows: A. The proposed project, a skilled nursing facility, at the proposed location in the R-3 Multiple Family Residential zone and land use district is in accord with the objectives of the Lynwood Municipal Code and the purposes of the zone in which the site is located. The granting of the conditional use permit could not negatively affect the intent of the goals and policies of the Lynwood Comprehensive General Plan. The proposed skilled nursing facility provides extended nursing care and residency and board, primarily for the elderly; a use that is consistent with the Lynwood General Plan. B. That the nature, condition and development of adjacent uses, buildings, which are residential, both multiple family and single family, have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings or structures; C. That the facility for the skilled nursing facility is existing and is designed to accommodate a skilled nursing program, and is proposed to accommodate the number of beds that fits the number of standard parking spaces available at the project site, as required by the Lynwood Municipal Code making the rendering the site as adequate in size and shape to accommodate the proposed use in the existing building; D. That the proposed conditional use, the skilled nursing program, complies with all applicable development standards of the zoning district and; E. That the proposed conditional use, a skilled nursing facility observes the spirit and intent of this zoning code. Section 2. The Planning Commission of the City of Lynwood, based upon the aforementioned findings and determinations, hereby approves Conditional Use Permit No. 2008-04 for the establishment and the operation of a skilled nursing program in an existing skilled nursing facility for a property located at 4271 Carlin Avenue in the City of Lynwood, County of Los Angeles, State of California. z CONDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT 1. The conditional use must be acted upon within 365 days (one year) from the date of approval. If not acted on within this period, the Conditional Use Permit shall become null and void. The expiration date is August 12, 2009. One (1), one (1) year extension may be granted, at the discretion of the Director of the Planning Division if requested by the applicant in writing prior to the expiration date. 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 first be 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. PLANNING DIVISION 7. Landscaping shall be a minimum of seven percent (7%) of the gross lot area. including the courtyards, parkway, front yard setback, side yards and rear yard. The parkway shall include at least two (2) 20 gallon trees to the satisfaction of the Director of Engineering/Public Works Department. The front yard setback area shall include three (3) 20 gallon trees. 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. 8. All restroom facilities shall be in compliance with American with Disabilities Act (ADA) standards. 3 9. Any fencing shall first be reviewed by the Development Services Department, Planning Division. Prior to installing approved fencing, the applicant shall obtain a fence permit from the Planning Division. 10. The applicant shall remove the block wall on the western property line in the front yard setback area. li. The chain-link fence in the front yard setback area shall be removed and replaced with a fence no greater than four (4) feet in height and installed according to the requirements of the Lynwood Municipal Code. The fence shall be located so as to provide planting space for the installation of ornamental foliage landscaping on either side. 12. Acoustical construction materials shall be used throughout the unit to mitigate noise to the standards and satisfaction of the Building and Safety Division. 13. The applicant shall submit a materials and color board sample for the exterior of the project facility to the Development Services Department, Planning Division prior to submitting for building plan check. Building colors shall consist of earth tone or neutral colors. Trim and architectural features may have brighter colors. The applicant shall obtain a paint permit and comply with colors approved by the City of Lynwood. 14. All driveway and parking areas shall be paved with concrete and permanently maintained. 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. 15. Air Conditioners, heating, cooling ventilation equipment, and all other exterior mechanical devices shall be screened from view with a screen that is architecturally compatible with the structure. 16. Any artificial light shall be directed to reflect away from adjoining properties. The applicant shall submit a detailed lighting plan to the Planning Division prior to occupancy. 17. A solid block wall a minimum of six-feet (6') in height and no greater than seven- feet (7') in height, shall be maintained along the rear yard property lines. Plans shall be submitted and permits obtained from the Development Services Department prior to installation of fencing. 18. Refuse Storage Areas: Garbage or trash receptacles shall be metal or plastic containers equipped with overlapping, fly-tight lids, or other comparable 4 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 and equipped with a latched gate. The wall should be six feet (6') in height. 19. Prior to installing or changing out the existing business identification sign, a sign permit shall be applied for and approved by the Department of Development Services. 20. Flashing signs, roof signs, portable signs, including A-frames and sandwich boards may not be installed at the subject site. Furthermore, painted wall signs, place inflatable signs, balloons or flags may not be applied to the property, nor may any signs be placed in the public right of way, nor on trees, light poles, fences or landscaping features. 21. All driveway and parking areas shall be permanently paved, maintained, and shall have sufficient lighting for security. 22. Each parking stall shall have a minimum dimension of 9' by 20'. 23. Parking stalls shall be permanently paved, maintained, and delineated. One handicap stall shall be striped and provide signage in accordance with American with Disabilities Act (ADA) requirements. 24. No employees 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. This project is subject to the City of Lynwood's Development Impact and Art Fees. City of Lynwood Ordinance No. 1574 and 1575. 27. All contractors working on the project site must obtain a City business license prior to commencing any work. 28. The applicant shall secure refuse service from the City contracted company. 29. The applicant shall secure water service from the City of Lynwood. 30. All tenants shall obtain a business license prior to signing lease agreements. BUILDING AND SAFETY DIVISION 31. All construction shall meet or exceed the minimum building standards that 5 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 Electric 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. PUBLIC WORKS/ ENGINEERING DEPARTMENT 32. Reconstruct damaged and substandard drive approach (es), per APWA standards. 33. Close existing 2nd driveway approach. 34. At least five percent (5%) of the parkway area shall be landscaped. The parkway shall include at least two (2) 20 gallon trees to the satisfaction of the Director of Engineering and Public Works Department. 35. A permit from the Engineering Division is required for all off-site improvements. 36. All required water meters, meter service changes and/or fire protection lines shall be installed by the applicant/owner. The work shall be performed by a licensed contractor. 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. 37. This development may be subject to the City's Substandard Urban Stormwater Mitigation Plan Ordinance (SUSMP). Pursuant to Section 14.13 of the City for 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(s) and submitted to the Department of Public Works/Engineering Division. 38. This project is subject to the City of Lynwood's Construction and Demolition Ordinance. Determination shall be made upon submittal of the project's cost estimate to the Department of Environmental Services. Building permits and/or demolition permits shall not be issued until developer/project owner contacts the Department of Environmental Services, Division of Public Works. 39. This project is subject to the City of Lynwood's Development Impact Fees, City of Lynwood Resolution No. 2006.067. LOS ANGELES COUNTY FIRE DEPARTMENT 40. The applicant shall comply with all conditions set forth by the Los Angeles County Fire Department for this application. Please contact the Los Angeles County Fire Department, Land Development Unit, Fire Prevention Division, 5823 Rickenbacker Road, Commerce, CA 90040-3027, (323) 890-4243. Fire De artment a royal must be obtained prior to plan check submission. Section 3. A copy of Resolution No. 3210 shall be delivered to the applicant. APPROVED AND ADOPTED this 12th day of August, 2008, by members of the Lynwood Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: Kenneth West, Chair Lynwood Planning Commission APPROVED AS TO CONTENT: Jonathan Colin, Director Doug Haubert, City Attorney Development Services Department Planning Commission Counsel 7 ITEPhI #9 APPEAL NO. 2®®~-~1 DATE: August 12, 2008 TO: Honorable Chairman and Members of the Planning Commission FROM: Jonathan Colin, Director of Development Services BY: Michael Allen, Associate Planner SUBJECT: APPEAL 2008-01 5158 Martin Luther King Jr. Boulevard. Assessor Parcel Number 6189-037-007 PROPOSAL The applicant is requesting approval of Appeal 2008-01 to convert an existing single-family residence into a duplex, and utilize two existing 2-car garages to satisfy parking requirements, located at 5158 Martin Luther King Jr. Boulevard in the R-2 (Two Family) residential zone. RECOMMENDATION Staff respectfully requests that the Planning Commission continue Appeal No. 2008-01 in order to allow staff to come back with all findings, documentation and sufficient criteria to recommend action. LCATI® NIP N ,{, E S SITE ADDRESS: S, SQ M„rr • ,, ti u ~ Tr Revd CASE No.: nrr 2008-01 APPLICANT: Sabino Sanchez