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Home My Public Portal About2007-01-09 PLANNING COMMISSIONcity of ~YN~VO®D ~ ubaM[uca aiv c~ City ~1Aeeting C6aQQenges I I I~ I I 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (370) 603-0220 AGEN®A LYNWOOD PLANNING COMMISSION MEETING CITI( HALL -COUNCIL CHANIlsEatS 11330 BULLIS ROAD :~ ~ufY po~~P~ `. LYNWOOD, CA 90262 ~~ ~ ~; ~ i ~ ~ ]anuary 9, 2007 arrarwrau~~ooo 6:30 P.M. J,~~J ~ 4 2007 PLANNING COMMISSIONERS ~tgt9t';a,'=~-Zt~r~t4a5 6 Victor Gomez 4 Chair C~~~1~!~t ~ • ~-~ .2'Z Dr. Carlos Manlapaz Lourdes Castro-Ramirez "Jim Morton Commissioner Vice Chair ~ ~ ~' Commissioner Kenneth West Rita Patel Juan Enciso Commissioner Commissioner Commissioner COMMISSION COUNSEL Law Offices of Beltran & Medina Arnoldo Beltran STAFF Grant Taylor, Director Jonathan Colin, Development Services Dev. Services Manager Kimberly Gonzalez, Administrative Analyst I Karen Figueredo, Planning Assistant IIa1WORDF1I,ElPLANNINGAAGENDAAdec12,2006 doc - 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: December 12, 2006 S1A/EARING IN SPEAKERS 6• The Lynwood Planning Commission shall swear in all persons wishing to testify on any public hearing item listed on the Planning Commission Agenda. PRESENTATION ~• Redevelopment Presentation Pro osal For staff to accept a presentation from Lynwood Director of Redevelopment William Rawlings on current projects, proposed projects and Redevelopment. Recommendation Staff recommends that the Planning Commission accept a presentation, receive and file. CONTINUE® PUBLIC HEARINGS and Variance No. 2006-02 ~ +~ ~~~~u APPLICANT: Alex Benevides / Wiseman Dawoody 10820 Atlantic Avenue APN 6194-001-048 H_\ WORDF]LE\PLANNMggGENDA1dea @,2006. doc - 2 - Pro osal Request to construct a 6,065 square foot commercial building, one-story in height, consolidate five (5) lots into one (1) parcel and reduce side and rear yard setbacks from five feet to zero feet on property located at 10820 Atlantic Avenue in the C-3 (Heavy Commercial) zone. Recommendation Staff recommends that the Planning Commission table the item. C®N'TINUED REGULAR AGENDA NONE NEVI! REGULAR AGENDA 9. Status of Pacer Distribution Services - 2700 Imperial Highway Proposal For the Planning Commission to review and discuss the status of Pacer Distribution Services to include code compliance, citizen complaints, and Site Plan Review Conditions. Recommendation Staff recommends that the Planning Commission review and discuss code compliance, impacts on properties in the vicinity and provide recommendations to staff. 10. Summary of Planning Commission Entitlements 2006 Calendar Year Proposal For the Planning Commission to review the zoning entitlements and projects that were heard at public hearings and reviewed as regular agenda items in 2006. Recommendation Staff recommends that the Planning Commission receive and file. H \WORDFILF\PLANNING\AGENDAWw12,2006 doc -3- PfJSLIC ORALS COI~MISSIOiV ORALS STAFF ORALS AD.~OURRlE~iIENT Adjourn to the regular meeting of the Lynwood Planning Commission on February 13, 2007 at 6:30 p.m. in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California. H\WORDFILF~PLANNM(~AGENOAWec12,200fi doc -4- AGENDA ITEM #5 MINUTES L~'NWOOD PLANNING COMMISSION MEETING December 12, 2006 The Lynwood Planning Commission met in regular session in Che City Hall Council Chambers. Vice Chair Castro-Ramirez called the meeting to order at 5:35 p.m. Commissioner Morton led Che flag sahrte. Vice Chair Castro-Ramirez requested the roll call. Director of Development Services Taylor called roll. Vice Chair Castro-Ramirez presiding. Commissioner's Patel, Manlapaz, Enciso and Morton answered the roll call. Absent at the time were Chair Gomez and Commissioner West. Also present were Planning Commission staff liaisons City Attorney Arnoldo Beltran, Director of Development Services Grant Taylor, Development Services Manager Jonathan Colin and Planning Assistant Karen Figueredo. Vice Chair Castro-Ramirez inquired if the agenda had been duly posted. Director of DevelopmenC Services Taylor stated Che agenda had been duly posted in accordance with the Brown Act. Item #5: MINUTES -November 14 2006 Vice Chair Castro-Ramirez announced agenda Item #5, Minutes of the November l4, 2006 Planning Commission meeting and asked if there were any revisions. Director of Development Services requested correction of two (2) typographical errors to include: • Page 1, third paragraph, delete "Vice Chair"; and • Page 4, sixth paragraph, delete "community" and replace with "meeting. Motion by Commissioner Morton to approve the Minutes of November 14, 2006, seconded by Commissioner Enciso. Vice Chair Castro-Ramirez requested roll. Director of Development Services Taylor called roll and the motion to approve passed 5-0. Chair Gomez arrived and conducted the meeting. Item #6: Swearing In Speakers City Clark Andrea Hooper swore in all citizens wishing to testify on any agenda item. Development Services Manager Colin translated swearing in to Spanish. CONTINUEID PUBLIC IIEARINGS Item #7: Conditional Use Permit No. 2006-17 Tentative Parcel Map No 2006- 07 (64758) and Variance No. 2006-02 APPLICANT: Alex Benevides / Wiseman Dawoody 10820 Atlantic Avenue APN 6194-001.-048 Chair Comez announced new public hearing agenda item #9 and requested the staff report. Development Services Manager Colin presented the staff report and stated the applicant is requesting approval to construct a 6,065 square foot commercial building, one-story in heighC, consolidate live lots into one parcel, and reduce side and rear yard setbacks from five feet to zero feet on property located at 1.0820 Atlantic Avenue in the C-3 (Heavy Commercial) zone. Mr. Colin recommended that the item be continued but the applicant is present to offer testimony. Chair Gomez opened the public hearing. Alex Benevides 16222 Clark Avenue, Bellflower, CA 90706 spoke in support and stated they are waiting for a letter of approval from the fire Department for access and water availability. Vice Chair Castro-Ramirez inquired about access. Director of Development Services Taylor presented the site plan to the Planning Commission and pointed out the Cwo proposed driveways are only 16 feet in width and the Fire Department will want a 20 foot driveway. Chair Gomez continued the public hearing by general consensus. NEW PUBLIC I~EARINGS Item #8: Conditional Use Pernut No. 2006-19 and Tentative Parcel Map No 2006-08 (68429) APPLICANT: Guillermo and Maricruz Ambrocio 3543 Platt Avenue APN 613-008-023 Chair Gomez announced new public hearing agenda item #8 and requested the staff report. Planning Assistant Figueredo presented the staff .report and stated the applicant is requesting approval to develop three (3) detached residences, two-stories in heighC with attached two-car garage and subdivide the airspace creating residential condominiums on property located at 3543 Platt Avenue in the R-3 (Multiple- FamilyResidential) zone. Director of Development Services Taylor passed out a landscaping and irrigation plan and set up a 3-dimensional rendering, materials and color sample boards. Chair Gomez opened the public hearing. Maricruz Ambrocio, 3543 Platt Avenue spoke in favor. Commissioner Enciso inquired about the garages and demolishing the existing residence. Ms. Ambrocio stated each residence would have atwo-car garage and the existing house would be demolished. Commissioner Manlapaz inquired about atwo-car garage for each unit as the rendering does not show. Director of Development Services Taylor stated the rendering is drawn from an angle that blocks Che garage and referred to the floor plans that show two-car garages for each unit. Vice Chair Castro-Ramirez inquired about construction tune frame, using a licensed contractor and no parking in the driveway. Ms. Ambrosia seated the project would take about a year to complete, they had a licensed contractor and no one would be allowed to parkin the common driveway. Vice Chair Castro-Ranurez requested staff to provide a list of completed projects the Planning Commission had approved at the nexC meeting. Director of Development Services Taylor stated staff would provide a list. Motion by Commissioner Manlapaz to adopt Resolution 3159 approving Conditional Use PermiC No. 2006-19 and adopt Resolution 3160 approving Tentative Parcel Map No. 2006-08 (68429), seconded by Commissioner Morton. Chair Gomez requested roll call. Director of Development Services Taylor called roll and the motion to approve passed 6-0. A RESOLUTION ENTITLED: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2006-19, TO CONSTRUCT THREE (3) DETACHED RESIDENCES, TWO -STORIES IN HEIGHT, WITH ATTACHED TWO-CAR GARAGES ON PROPERTY LOCATED AT 3543 PLATT AVENUE, ASSESSOR PARCEL NUMBER 6173-008-023, IN THE R-3 (MULTI FAMILY RESIDENTIAL) ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. ROLL CALL AYES: CASTRO-RAMIREZ, ENCISO, GOMEZ, MANLAPAZ, MORTON & PATEL NOES: NONE ABSENT: WEST ABSTAIN: NONE A RESOLUTION ENTITLED: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING TENTATIVE PARCEL MAP NO. 2006-08 (68429) TO SUBDIVIDE THE AIR SPACE CREATING THREE (3) KESIDENTIAL CONDOMINIUMS ON PROPERTY LOCATED AT 3543 PLATT AVENUE, ASSESSOR PARCEL NUMBER 6173-008-023, IN THE R-3 (MULTI FAMILY RESIDENTIAL) ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. ROLL CALL AYES: CASTRO-RAMIREZ, ENCISO, GOMEZ, MANLAPAZ, MORTON & PATEL NOES: NONE ABSENT: WEST ABSTAIN: NONE Item #9: Zoning Ordinance Amendment No 2006-04• Water Efficient Landscaping and Permanent Irrigation APPLICANT: City of Lynwood Properties City-wide Chair Gomez announced new public hearing agenda item #9 and requested the staff report. Director of Development Services Taylor presented the staff report and stated staff is requesting approval to add Section 24.45 to the Lynwood Municipal Code setting forth requirements and standards for new development projects and projects substantially altered to provide water efficient landscaping and permanent irrigation systems. Vice Chau- Castro-Ramirez stated the ordinance was good and needed for the City and inquired why the threshold to provide water efficient landscaping was set at 2,500 square feet minimum. Director of Development Services Taylor said the State template set forth 2,500 but the Planning Commission could lower the standard. Mr. Taylor said many Planning Commission projects reviewed provide between 1,000 and 2,000 square feet of landscaping and suggested lowering the threshold to 1,000 square feet. City Attorney Beltran slated the ordinance and any amendments should he consistent with the Lynwood Municipal Code so no conflicts exist. Commissioner West arrived at 6:1.2 p.m. Vice Chair Castro-Ramirez inquired why parks are exempt from the ordinance and requested landscaping plans be provided to the Commission to review for each project. Director of Development Services Taylor slated parks are predominantly turf that is high water use and staff will provide landscape plans for all future projects to the Commission. Chair Gomez opened the public hearing. Seeing no one Co testify, Chair Gomez closed the public hearing. Motion by Vice Chair Castro-Ramirez Co adopt Resolution 3161 as amended to reduce landscaping minimum to 1,000 square feet and approve Zoning Ordinance Amendment No. 2006-04, seconded by Commissioner Morton. Chair Gomez requested roll call. Director of Development Services Taylor called roll and the motion to approve passed 7-0. A RESOLUTION ENTITLED: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD RECOMMENDING APPROVAL OF ZONING ORDINANCE AMENDMENT N0.2006-04, AND THAT THE CITY COUNCIL ADOPT AN ORDINANCE ADDING SECTION 25.45 TO THE LYNWOOD MUNICIPAL CODE SETTING FORTH STANDARDS FOR WATER EFFICIENT LANDSCAPING AND PERMANENT IRRIGATION SYSTEMS. ROLL CALL AYES: CASTRO-RAMIREZ, ENCISO, GOMEZ, MANLAPAZ, MORTON, PATEL & WEST NOES: NONE ABSENT: NONE ABSTAIN: NONE CONTINUED REGULAR AGENDA NONE NEW REGULAR AGENDA NONE PUBLIC ORALS NONE COMMISSIONER ORALS Commissioner West inquired about the status of the Design Review Board, the over height fence at 10911 Pine Avenue, the Billy Martinez housing project, and the foliage at Martin Luther King Jr. Blvd and Wright Road. Director of Development Services Taylor stated the City Council will review the Design Review Board and direct staff on appointments, code enforcement has the 109] 1 Pine property and staff will check on the status, and the Redevelopment Department could provide the status of the Billy Martinez Housing Project at the triangle property bordered by Imperial Highway, Alameda Street and Fernwood Avenue. Mr. Taylor suggested having Redevelopment Director Bill Rawlings attend the next meeting to make a presentation on projects and answer questions. Commissioner Patel welcomed back City Attorney Beltran and inquired about the ethics training course required by State Law. Director of Development Services Taylor staled the Commission could take the course on-line in the City Clerk's Office or the on-line at home and the City Clerk would provide the website location. Commissioner Morton welcomed back City Attorney Beltran, thanked staff, supported the suggestion to have the Redevelopment Director at the next meeting and suggested a Planning Commissioner and staff dinner. Commissioner Enciso welcomed back City Attorney Beltran, thanked his colleagues and said the Plaiming Commission is a good team. Commissioner Manlapaz welcomed back City Attorney Beltran, thanked Chair Gomez and his colleagues and staff. Vice Chair Castro Ramirez wished everybody happy holidays, thanked staff and stated Chair Gomez did a good job this year. Chair Gomez thanked his colleagues and stated he learned from Planning Commission veterans like Jim Morton, Donald Dove and Willard Hawn Reed; welcomed back City Attorney Beltran and hopes the Commission will stay the same. Mr. Gomez offered apology to anybody he may have offended. Director of Development Services and Commission Counsel Wilson briefly summarized the power center project and status. Commissioner Manlapaz supported a Planning Commission and staff dinner and suggested a date and time. The Planning Commission and staff identified Friday, December 29, 2006 at 6:00 p.m. at La Huasteca Restaurant in Plaza Mexico. STAFF ORALS Director of Development Services Taylor thanked the Planning Commission and staff for their efforts, hopes there are no changes to the Planning Commission and reminded everybody of the Commission Christmas Party that begins at 7:00 p.m. Development Services Manager Colin thanked the Planning Commission and wished everybody happy holidays. Planning Assistant Figueredo wished everybody happy holidays. City Attorney Beltran wished everybody happy holidays and said he is glad Mr. Taylor decided to stay in Lynwood. ADJOiJRN1VIENT Motion by Commissioner Manlapaz to adjourn, seconded by Commissioner Enciso. Chair Gomez adjourned the meeting at 6:32 pm. AGENDA ITEM # 6 SWEARING IN SWEARING IN SPEAYCERS All citizens may offer testimony to the Lynwood Planning Commission on any public hearing item. The City Clerk or member of the Planning Commission shall swear in all persons under oath to testify on any public hearing item listed on the Planning Commission agenda. Citizens shall state their name and home address for the record prior to testimony. Citizens shall keep their testimony to a maximum of three (3) minutes. AGENDA ITEM #7 REDEVELOPMENT PRESENTATION DATE: January 9, 2007 T0: Honorable Chair and Members of the Planning Commission FROM: Grant Taylor, Director of Development Services SUBJECT: Redevelopment Presentation Discussion Director of Redevelopment William Rawlings will make a presentation that will identify potential developments within the Lynwood Redevelopment Project Areas, summarize the departments divisions, functions and California Redevelopment Law. Mr. Rawlings will entertain questions. Recommendation Staff recommends that the Planning Commission accept a presentation, ask applicable questions, receive and file. P~ AGENDA ITEM #8 CUP N0. 2006-17 TPM NO. 2006-07 DATE: January 9, 2007 TO: Honorable Chair and Members of the Planning Commission FROM: Grant Taylor, Director of Development Services SUBJECT: CONDITIONAL USE PERMIT NO. 2006-17 TENTATIVE PARCEL MAP 2006-07; VARIANCE NO 2006-02 10820 Atlantic Avenue Assessor Parcel Number 6194-001-048 APPLICANT: Alex Benavides/Wiseman Dawoody PROPOSAL This case was continued from the regular Planning Commission meeting held November 14, 2006, and December 12, 2006. The applicant is requesting approval to construct a 6,065 square foot commercial building on property located at 10820 Atlantic Avenue in the C-3 (Heavy Commercial) zone. The project includes consolidating five lots into one parcel, and reducing side and rear yard setback from 5 feet to 0 feet. BACKGROUND The subject property is located on the east side of Atlantic Avenue between Abbott Road and Pendleton Avenue, Assessor Parcel No. 6194-001-048, in the C-3 (Heavy Commercial) zone. The subject property measures 151 feet in width by 120 feet in depth, totaling 18,371 square feet in area. ANALYSIS & DISCUSSION The applicant is requesting approval to develop a one-story 6,065 square foot commercial building that includes twenty seven (27) parking stalls, including one loading stall and two ADA accessibility parking. The project includes consolidating five lots into one parcel Lynwood Municipal Code Section 25.25.10 (d) allows retail centers that serve community-wide needs and neighborhood needs. The Heavy Commercial district provides for commercial areas that include, amongst others, large retail uses, such as °biq box" stores, furniture stores, appliance, and home electronics retailers, service commercial business, professional businesses, and restaurants. C:AD000ments nod SrningsywlinUly DowmenisVCUPs\SmflRµu~rt\ap200S19ContinucdTable.doc _1_ The site plan indicates a one story structure that would provide 3,032.50 square feet in retail #1 Area, and 3,032.50 square feet in Retail#2 Area. The project provides a loading stall on the north side of the parking lot, and two handicap parking stalls on the south side. The site plan also shows that the project would provide 1,645 square feet of landscaping, which constitutes 8.95% of the gross lot area. The project would necessitate a major variance to reduce the rear yard setback from 5 feet to 0 feet. The variance procedure is provided pursuant to Section 6906 of the California Government Code to grant relief from zoning provisions when due to special circumstances a property may not enjoy privileges enjoyed by other properties in the vicinity .under the identical zoning classification. Lynwood Municipal Code Section 25.135.020 allows proponents to apply for a variance when the project deviates from the zoning code. The applicant is proposing to consolidate five lots into one parcel. The subdivision map would be in compliance with the State Subdivision Map Act and Chapter 24 of the Lynwood Municipal Code. The applicant has not submitted Fire Department approval, and landscaping and irrigation plans, and has not attended Site Plan Review Committee meetings or contacted staff. DISCUSSYON -VARIANCE The Lynwood Municipal Code Section 25.135.060 sets forth six (6) findings that the Planning Commission must make to approve a variance. Following are the findings in bold followed by staff determinations. a. That 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. The property is rectangular in shape and consistent with other properties in the vicinity and within the C-3 zone. b. That such 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 property in question. GADoamrn¢ vid Se¢ingeAJwlfn~hly Dncumen~sVCUVSAS~zHRgwrtVa~p2001.19COntinuedl'eble.doc _2_ Many properties in the vicinity or same zone have businesses that do not meet the minimum 5 foot rear setback requirement that were constructed with proper entitlements and permits. c. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity. Construction of the proposed structure without the minimum setback requirement does not comply with zoning standards and will comply with building codes, subject to engineering plan check. d. That in granting the variance, the spirit and intent of this Zoning Code will be observed. The property meets the minimum required parking, setbacks and density, except for the side and rear setbacks. e. That the Variance does not grant special privilege to the applicant. Other businesses in the C-3 (Heavy Commercial) zone posses the same characteristics as those granted by the variance. f. That the Variance request is consistent with the General Plan of the City of Lynwood. Decreasing the setbacks to 0 will allow the building to be consistent with the General Plan of the City of Lynwood. FINDINGS REQUIRED FOR GRANTING A CONDITIONAL USE PERMIT Lynwood Municipal Code Section 25.130.050 sets forth five (5) findings that the Planning Commission must make in order to approve a conditional use permit. Following are the findings and staff determinations in bold: a. That the proposed conditional use permit is consistent with the general plan. The commercial center is consistent with the General Plan and C-3 zoning and land use designations. The project is consistent with goals C\DOaimems end SUlings\jcolinUly Doamems\CUPS\SleftlGeport\cup200fi-19CominuedTeble.doc -3- and policies set forth in the General Plan land use element and economic development 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; A commercial building may create significant impacts on properties in the vicinity. Conditions of approval set forth in Resolution 3155 would mitigate potential impacts to insignificant levels. c. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. The proposed site is of adequate size and shape to accommodate the proposed use and satisfy development standards. d. That the proposed conditional use complies with all applicable development standards of the zoning district; and The project will comply with all provisions of the Lynwood Municipal Code to include use, parking, landscaping and the reduction in the side and rear yard setback will be addressed in Resolution 3154. 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. In addition, conditions of approval will mitigate potential impacts. ENVIRONMENTAL ASSESSMENT The Development Services Department has determined the proposal to be categorically exempt from the provisions of the California Environmental Quality Act, pursuant to Section 15303 (c) of the State Guidelines, as amended. RECOMMENDATION Staff recommends that the Planning Commission table the item. CVDocumen(s and SG~ings\jmlinNly DocunenuVCUPS\S~ofllicportVoup200&I]COminmdTablcdoc -4- Attachments: Property Profile Location Map Resolution 3155 -CUP Resolution 3154 -VAR Resolution 3156 - TPM Proposed Plans (Site plan, Elevations) C\DOwments a,td Settings\jcolin\My ~ocumems\CUPC\5mlpiepotl\cup200619ContiwcdTablcdoc -5- Pit®JECT P9~OFyLE Conditional Use Permit No. 2006-17 10820 Atlantic Avenue Assessor Parcel Number 6194-001-048 1. Source and Authority Lynwood Municipal Code (LMC) Appendix A permits construction of commercial facilities in the C-3 (Heavy Commercial) zone subject to a Conditional Use Permit; LMC Section 25.130.050 sets forth findings for Conditional Use Permits; LMC Section 25.135.060 setforth findings fora variance and LMC Chapter 24 regulates subdivisions. 2. Property Location and Size The proposed project will provide a 6,065 square foot commercial building, one- story in height, with twenty-seven parking stalls. The project includes consolidating five lots into one parcel and reducing side and rear yard setbacks from 5 feet to 0 feet. 3. Existino Land Uses The site is developed with aone-story commercial building that will house multiple tenants. The surrounding land uses are as follows: Site Developed North: Commercial South: Commercial West: Atlantic Avenue then Commercial East: South Gate GNownxnh and SeWvgeAjailinAMy DowixnlsVCUPs\SmffRCponVcup2006-19ContinuedTeble.doc -6- 4. Land Use Designation The subject site has a General Plan Designation of Commercial, and C-3 (Heavy Commercial) zoning. The adjacent property designations are as follows: Site General Plan Zonin4 North: Commercial C-3 (Heavy Commercial) South: Commercial C-3 (Heavy Commercial) West: Commercial C-3 (Heavy Commercial) East: South Gate 5. Site Plan Review The Site Plan Review Committee has reviewed the project and recommended approval subject to conditions of approval set forth in Resolutions 3155 and 3156. 6. Code Enforcement History None of record at the time of this report 7. Public Response None of record at the time of this report. C:\Dowments wed S vliogv\jwlin\My Documents\CUPs\S[a1lAeponWiP200.19CQminucdTaLladoc - 7 - RESOLUTION NO. 3154 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVYNG VARIANCE NO. 2006-02, REDUCING SIDE AND REAR SETBACKS FROM 5 FEET TO 0 FEET IN CONDUCTION WITH THE DEVELOPMENT OF A 6,065 SQUARE FOOT COMMERCIAL BUILDING ON PROPERTY LOCATED AT 10820 ATLANTIC AVENUE IN THE C-3 (HEAVY COMMERCIAL) ZONE, FUTHER DESCRYBED AS ASSESSOR PARCEL NUMBER 6194-001-048, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning commission, pursuant to law, on November 14, 2006 conducted a public hearing; and WHEREAS, the Lynwood Planning Commission considered all oral and written testimony offered at the public hearing; and WHEREAS, the Development Services Department has determined that the proposal is Categorically Exempt from the California Environmental Qualify Act (CEQA) pursuant to Section 15303(a), therefore; Section 1. The Planning Commission of the City of Lynwood 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. 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 property in question. C. Granting the variance will not be materially detrimental to the public welfare and injurious to properties and improvements in the vicinity. D. Granting the variance will be consistent with the spirit and intent of the Zoning Code. E. The variance will not grant special privilege to the applicant. cmo~~~«~a sai~~~syyo-,~~mnrty oou~~„e~~~cue~~xao.~«o3isa_ao~ 1 F. The variance request is not consistent with the General Plan of the City of Lynwood. Section 2. The Planning Commission of the City of Lynwood hereby approves Conditional Use Permit No. 2006-02, subject to all conditions, restrictions and limitations set forth as follows: CON®YTI09VS 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. 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 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. 6. Conditions of approval shall be printed on plans prior to submission to the Building and Safety Division for plan check. BUILDING AND SAFETY DIVISION 30. All construction shall meet or exceed the minimum building standards that are referenced in the following codes. - The Uniform Building Code - 2001 edition; - The Uniform Plumbing Code - 2001 edition; - The Uniform Mechanical Code - 2001 edition ovm~~~~m, ~a scn'msslcormm~y ~o~,,,,~e~~is~curs~xesos~~~o~~s<.m,~ 2 - The Los Angeles County Fire Code - 2001 edition; - The National Electric Code - 2004 edition; All as amended by the California Building Code of 2001. 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. LOS ANGELES COUNTY FIRE DEPARTMENT 7. 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 Department approval is required prior to the issuance of Buildinn Permits. Section 3. A copy of Resolution 3154 shall be delivered to the applicant. APPROVED AND ADOPTED this 9th day of January, 2007 by members of the Lynwood Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO CONTENT: Grant Taylor, Director Development Services Department GVOOCmxwms and Scitiugs\jcolfnAMy DOwmrnts\NPSVtcsostrccn}154.doc p Victor Gomez, Chairman Lynwood Planning Commission APPROVED AS TO FORM: Jennifer Mizrahi, Deputy City Attorney Planning Commission Counsel RESOLUTION 3155 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2006-17 TO CONSTRUCT A COMMERCIAL BUILDING AT 10820 ATLANTIC AVENUE, IN THE C-3 (HEAVY COMMERCIAL) FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6194-001-048, CITY OF LYNWOOD, COUTNY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, on November 14, 2006 conducted a public hearing on the subject application; 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 California Environmental Quality Act (CEQA) guidelines pursuant to Section 15303 (c). 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 Heavy Commercial which is consistent with the C-3 zoning designation. The project 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-3 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. GADncumen6 and SUtingsAjwlinAMy Documcn¢VCUYS\RCSOSkcso] ISAdoc 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 for side ahd rear yard setbacks is required. 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-3 (Heavy Commercial) zone. Section 2. The Planning Commission of the City of Lynwood hereby approves Conditional Use Permit No. 2006-17, 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 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. CVDocumuns and Seuinys\jmGnAMy OOCwnenaACUYsAResos4aao315idac 6. Conditions of approval shall be printed on plans prior to submission to the Building and Safety Division for plan check. PLANNYNG DIVISION 7. 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. 8. All tenant spaces shall have restroom facilities in compliance with ADA standards. 9. Any fencing shall first be reviewed by the Development Services Department, Planning Division. Prior to installing approved fencing, the applicant shall obtain a permit from the Planning Division. 10. Acoustical construction materials shall be used throughout the unit to mitigate noise to the standards and satisfaction of the Building and Safety Division. 11. The applicant shall submit a materials and color board sample 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. 12. 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 ADA standards. 13. Air Conditioners, heating, cooling ventilation equipment, and all other exterior mechanical devices shall be screened from surrounding properties and streets 14. 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. C'.~D000mcots and Stt6ngsywlfnAMy Wwmentv~CUPeAReswArecoJlSSdoc 3 15. A solid block wall six-feet (6~ in height shall be maintained along the side yard property lines. Plans shall be submitted and permits obtained from the Development Services Department prior to installation of fencing. 16. 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 and equipped with a latched gate. The wall should be six feet (6') in height. 17. No banners, flags, balloons or any type of temporary signage shall be permitted at any time. 18. The applicant shall secure refuse service from the City contracted company. 19. The applicant shall secure water service from the City of Lynwood. 20. All tenants shall obtain a business license prior to signing lease agreements. PUBLIC WORKS/ ENGINEERING DEPARTMENT 21. Construct 24" wide gutter and curb and asphalt pavement along property frontage on Atlantic Avenue. 22. Construct new drive approach(es) per APWA standards (2). 23. Connect to public sewer. Each building shall be connected separately. Construct laterals as necessary. Minimum size required is six (6) inch. When connecting to an existing lateral, a City approved contractor shall verify the size of such lateral and shall provide proof of its integrity y providing a video tape of the lateral to the Department of Environmental Services/Engineering Division. Any and all existing sewer laterals less than six inches (6'~ in diameter shall be abandoned at the property line per City instructiohs. 24. Install two (2) 36" box street tree(s) per APWA standards along Atlantic Avenue. Species to be determined by Environmental Services. A permit to install the trees is required by the Engineering Division. Exact location of the trees will be determined at the time the permit is issued. 25. Underground all utilities. CdDOwmu~a and Setin~gsywlin~tly DOEU111G115VCUYeAResos~rso3155.doe 4 26. A permit from the Engineering Division is required for all off-site improvements. 27. All required water meters, meter service changes and/or fire protection lines shall be installed by the developer. Each building shall be connected separately. The work shall be performed by a licensed 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. 28. 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 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. 29. This project is subject to the City of Lynwood's Development Impact Fees, City of Lynwood Resolution No. 2006.067. BUILDING AND SAFETY DIVISION 30. All construction shall meet or exceed the minimum building standards that are referenced in the following codes. - The Uniform Building Code - 2001 edition; - The Uniform Plumbing Code - 2001 edition; - The Uniform Mechanical Code - 2001 edition - The Los Angeles County Fire Code - 2001 edition; - The National Electric Code - 2004 edition; All as amended by the California Building Code of 2004. 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. Cdoowmenis and ScninSS9~~~~~YDOwments~COPSUtesosVmso3155 doc LOS ANGELES COUNTY FIRE DEPARTMENT 31. Access shall comply with Section 902 of the Fire Code, which requires all weather access. All weather access may require paving. 32. Fire Department Access shall be extended to within 150 feet distance of any exterior portion of all structures. 33. Private driveways shall 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. 34. Provide Fire Department or City approved street signs and. building access numbers prior to occupancy. 35. The Fire Department recommends DENIAL of this project as presently submitted. This recommendation may be changed to an approval if the following conditions are appropriately addressed: The proposed driveway approach for ingress and egress shall provide a minimum unobstructed width of 20 feet each, and clear to sky. Indicate compliance and resubmit for review/approval. 36. 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 Department approval must be obtained prior to the issuance of building aermits. Q\DOCUmuds wd SCLLmgv\jmlm\My UOwnwnts\CUP.c\Ruos\resall55.dnc 6 Section 3. A copy of Resolution 3155 shall be delivered to the applicant. APPROVED AND ADOPTED this 9th day of January, 2007, by members of the Lynwood Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO CONTENT: Grant Taylor, Director Development Services Department Victor Gomez, Chairman Lynwood Planning Commission APPROVED AS TO FORM: Ronald Wilson, Agency Counsel Planning Commission Counsel QVDOCUmu~u wd ticuingxymiinU1y DocnmenalCUPCAResus~eso3155 doc ~tESOLUTION 3156 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING TENTATIVE PARCEL MAP NO. 2006-07 (64758), CONSOLIDATING FIVE (5) PARCELS INTO ONE (1) LOT IN CONJUNCTION WITH THE DEVELOPMENT OF A 6,065 SQUARE FOOT COMMERCIAL BUILDING ON PROPERTY LOCATED AT 10820 ATLANTIC AVENUE, IN THE C-3 (HEAVY COMMERCIAL) ZONE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6194- 001-048, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Planning Commission of the City of Lynwood pursuant to law, on November 14, 2006 conducted a public hearing on the subject Tentative Parcel Map application; and WHEREAS, the Development Services Department has determined that the proposal is categorically exempt from the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15315; and WHEREAS, the Planning Commission has carefully considered all oral and written testimony offered at the public hearing. Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows: A. The Tentative Parcel Map satisfies all requirements and conditions set forth in the State Subdivision Map Act and the Subdivision Regulations of the Lynwood Municipal Code, Chapter 25 and Section 25-180. B. The proposed Tentative Parcel Map is consistent with the applicable goals and policies of the Lynwood General Plan and the Lynwood Municipal Code. C. Proper and reasonable provisions are available for adequate ingress and egress to the parcels. C~DOwmcvtl and SeLLingsycNin~A1y DocmnenGCVCUPsVLcsostrcco3156.doc j D. Proper and adequate provisions are available for all public utilities and public services. Section 2. The Planning Commission of the City of Lynwood, based upon the findings identified above, hereby approves Tentative Parcel Map No. 2006-07 (64758) subject to the following conditions: DEVELOPMENT SERVICES DEPARTMENT 1. The applicant shall meet the requirements set forth in the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code and the requirements of all other City Departments to include but not be limited to Planning, Building & Safety, Redevelopment and Public Works Department. 2. The applicant, or his/her representative, shall sign a Statement of Acceptance stating that he/her has read, understands and agrees to all conditions imposed by the Planning Commission, before any building permits are issued. PLANNING DIVISION 3. Within twenty-four (24) months after approval of the Tentative Parcel Map, the subdivider shall file with the City of Lynwood, a Final Map in substantial conformance with the Tentative Parcel Map, as conditionally approved, and in conformance with the Subdivision Map Act and the Subdivision Regulations of the City of Lynwood. 4. The applicant shall comply with all conditions set forth in the approval of Conditional Use Permit 2006-17. 5. The Tentative Parcel Map shall be filed with the City Engineer, Department of Public Works of the City of Lynwood. DEPARTMENT OF PUBLIC WORKS 6. All conditions of the State Subdivision 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 z 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. 7. 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 closure sheets. 8. Developer shall pay all applicable development fees including drainage, sewer, water and parkway trees prior to issuance of any building permits. Pay Tract Map checking fees prior to checking. Pay $100 monument checking fee prior to recordation. Deposit $50 with City Engineer to guarantee receipt by City of recorded, reproducible mylar, tract map prior to recordation. All special assessments and utilities or sewer connection fees are to be paid prior to recording the final map. All requirements to the serving utilities to be met or guaranteed prior to recording of the final map. 9. A drainage plan shall be submitted for the approval of the Director of Environmental Services/City Engineer. Off site drainage easements may be necessary. The structural section of all parking areas shall be designed by a Civil Engineer based upon soils analysis supplied by a recognized and approved soils engineering firm. The structural section shall be approved by the Director of Environmental Services/City Engineer. In the event that the design is not provided, the minimum structural section that will be approved by the Director of Environmental Services/City Engineer would be 2 inches of asphalt on 4 inches on untreated rock base. Submit to this office aGeologic/Soils Report signed by a Registered Soils Engineer. 10. The development shall be provided with public sewers. Connect to public sewer. Provide laterals as necessary. Provide laterals as necessary. Design of all C:\Docnmcnls and Settings\jcolin\My DocumcnLS\CUP$\Aesns\reso3l56.doc 3 sanitary sewers shall be approved by the Director of Environmental Services/City Engineer. 11. The Developer shall construct a water system including water services, fire hydrants and appurtenance though the development as required by the Director of Environmental Services/City Engineer. The Developer shall submit a water system plan to the Los Angles 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/Spects. The Developer shall install on-site water facilities including stubs for water and fire hydrants on interior and on boundary arterial streets. All conditions of the Los Angeles County Fire Department must be met prior to recordation. 12. Where drainage, sewer and other such easements are required, the minimum easement width shall be ten feet (10') to facilitate maintenance unless otherwise approved by the Director of Environmental Services/City Engineer. 13. Design, configuration and locations of sidewalks shall be subject to the approval of the Director of Environmental Services/City Engineer, and the Director of Development Services. Ramps for physically handicapped persons shall be provided both on-site and off-site as required by State and local regulations. 14. 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 Development Services. 15. The Developer shall install all public improvements, as required by the Director of Environmental Services/City Engineer prior to issuance of any occupancy e~ rmits for this development. Public Improvements shall include but are not limited to: a) Construct 24" wide gutter and asphalt pavement along property. 4 b) Reconstruct damaged and substandard drive approach(es) per APWA Standard. All changes and repairs in existing curbs, gutters, and sidewalks and other public improvements shall be paid for 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 completion of improvements with the City Council shall be entered into. Submit policy of Insurance or bond protecting city against damage or injury to person or property growing out of, related to, or resulting from improvements or work. The Director of Environmental Services/ City Engineer will determine amount and form. Deposit with the Director of Environmental Services/ City Engineer before commencing any improvements, a sum estimated by the Director of Environmental Services/ City Engineer to cover cost of inspection of all improvements under his jurisdiction. BUILDING AND SAFETY DIVISION 16. All construction shall meet or exceed the minimum building standards that are reference in the following codes: The Uniform Building Code-2001 edition; The Uniform Plumbing Code - 2001-edition; The Uniform Mechanical Code - 2001 edition; The Los Angeles County Fire Code -2001 edition; The National Electrical Code - 2004 edition; All as amended by the California Building Code of 2001. In cases where the provision of the California Building Code, the City of Lynwood Municipal Code, or the plans or specification in these plans may conflict, the more restrictive provisions shall govern. LOS ANGELES COUNTY FIRE DEPARTMENT 17. The applicant shall comply with all conditions and regulations set forth by the Los Angeles County Fire Department. Contact Fire Prevention Division, 5823 Rickenbacker Road, Commerce, CA 90040-3027, (323) 890-4125. Fire Department approval must be obtained prior to the issuance of building permits. C.~ocumcn[s and Servings\jwlinU4y DocmnenGVCUPsVLoeos4cso715G.doc Section 3. A copy of this resolution shall be delivered to the applicant. APPROVED and ADOPTED this 9th day of January, 2007, by members of the Planning Commission voting as follows: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO CONTENT: Grant Taylor, Director of Development Services Victor Gomez, Chairman Lynwood Planning Commission APPROVED AS TO FORM: Ronald Wilson, Agency Counsel Planning Commission Counsel 6 AGENDA ITEM #9 PACER DISTRIBUTION DA7E: January 9, 2007 TO: Honorable Chair and Members of the Planning Commission FROM: Grant Taylor, Director of Development Services SUBJECT: Status of Pacer Distribution Services 2700 Imperial Highway Puraose For the Planning Commission to review and discuss the status of Pacer Distribution Services to include code compliance, citizen complaints, Site Plan Review conditions, and provide recommendations to staff. Background At the Planning Commission meeting in March 2006 a Lynwood resident addressed the Commission and expressed concerns regarding a business near his home, Pacer Distribution Services located at 2700 Imperial Highway. The resident stated the business is placing storage containers in the parking areas next to his home, they work late evenings and early mornings, and generate loud and consistent noise that disturbs the neighbors. The Planning Commission directed staff to research records and bring back a status of zoning entitlements and conditions of approval. On April 11, 2006 the Planning Commission reviewed Site Plan Review No. 98-07 that granted approval to construct a 325,000 square foot industrial building and a warehouse/distribution center to operate. The Planning Commission requested that staff work with the business owners and operators to address conditions in the Site Plan Review approval and mitigate impacts on adjacent residential properties. Discussion & Analysis Pacer International is located at 2700 Imperial Highway in the M (Manufacturing) zone and is classified as a warehouse/distribution center according to business license records. Pacer International received approval of Site Plan Review No. 98-07 on August 26, 1998 to construct a 325,000 square foot industrial building. The outside storage of the containers is not specifically authorized pursuant to Conditions #8 and #9 in Site Plan Review No. 98-07 that state: #8: All required parking areas shall be designated and striped per the approved plan and shall be well lighted and secure as to prevent mischief, loitering and the attraction of nuisance. #9: There shall be no outdoor storage of materials or equipment of any kind once the Notice of Completion is issued. The primary issue is protecting the health, safety and welfare of residential areas adjacent to the east property line of the business on Redwood Avenue, Plum Street, Pear Street, Flower Street and Bellinger Street. Staff has spoken with Pacer personnel and inspected the site on several occasions. Noise readings have indicated that Pacer has exceeded the maximum 75 dba noise level on some readings and is in compliance on other readings. Staff has consistently observed truck trailers stored adjacent to the residential areas, sometimes on the property line. Conversations with Pacer personnel, most recently the Vice President, indicate Pacer does operate in the evening and early morning hours and stores truck trailers near residences. City staff has requested that Pacer reduce the hours of operation, store the truck trailers away from the residential zones and advise employees and vendors to be considerate of the residences. The Pacer Vice President acknowledged the concerns, promised to implement mitigation measures and follow up with a letter to the City. Currently, it does not appear mitigation measures have been maintained or even implemented and no letter has been forwarded from Pacer. Staff has sent two letters dated November 7, 2006 and January 3, 2007 requesting compliance with code provisions and to mitigate noise impacts on the residential areas. Staff has requested that Pacer: • Not store, load or unload trucks or trailers near residential properties; • Not store, load or unload trucks or trailers and create excessive noise between 10:00 pm and 7:00 am; • Notify employees, customers and vendors to show consideration to the residential properties; • Consider erecting a solid block wall along the residential property lines to mitigate noise and visual impacts. The City of Lynwood supports the business community and understands the need to perform tasks and serve clients, however, the City is also responsible to protect the health, safety and welfare of all persons residing and working in the City of Lynwood. It is necessary for Pacer to manage their operations and implement mitigation measures to reduce impacts on neighboring properties. The City has several options to include issuing citations, referring the matter to the City Prosecutor for legal action, or scheduling a business license revocation hearing before the City Manager and City Council. The City encourages voluntary compliance and hopes enforcement measures are not necessary. Pacer Distribution Services needs to be a good neighbor. Recommendation Staff recommends that the Planning Commission review and discuss code compliance, impacts on properties in the vicinity and provide recommendations to staff. Attachments: Letter dated 1/3/07 Letter dated 11/7/06 location Maps (3) Pacer Profile Site Plan Review No. 98-07 Photographs (3) 1 ~-~ City ~e~tra~J (',lcaQQen,es 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 January 3, 2007 (310) 603-0220 Kent Prokop, President Pacer Distribution Services, Inc. 9350 South Rayo Avenue South Gate, CA 90280 RE: Pacer Distribution Services, Inc. 2700 Imperial Highway, Lynwood Dear Mr. Prokop: '~ ~~ A,~_AmEa,~. ~,;. `~~~~~~ In response to citizen complaints, the City has performed inspections and noise readings at the above-identified properties. On November 7, 2007 City staff forwarded a letter (attached) requesting that Pacer Distribution Services Inc., comply with Site Plan Review No. 98-07 regarding outside storage and that the business should make every effort to keep mitigate noise, and kept business operations and vehicles away from residential properties adjacent to the east property line. The City continues to receive complaints for residential properties. City staff has consistently observed truck trailers stored near the residential property lines. A number of noise readings have been taken that exceed the maximum decibel level of 75 dba on a regular basis. Please be reminded that Pacer Distribution received approval from the Lynwood Site Plan Review Committee on August 26, 1998 pursuant to Site Plan Review No. 98-07 that allowed construction of a 325,000 square foot industrial building and operation of a distribution facility. Condition #9 states "there shall be no outdoor storage of materials or equipment of any kind once. the Notice of Completion is issued". Jose Tobias contacted staff in response to the November 7, 2006 letter. Mr. Tobias informed staff efforts would be made to reduce hours of operation, reduce noise and keep trailers away from residential properties. Mr. Tobias also promised a letter to the City that would summarize Pacer Distribution Services efforts to mitigate impacts. From the ongoing complaints and staff observations, it is evident measures to mitigate impacts has not been performed or maintained. The City supports businesses and understands the need to perform tasks to provide services and goods to consumers. However, the Lynwood Municipal Code and Site Plan Review No. 98-07 set forth development standards to protect the health, safety and welfare or persons working and living in the vicinity. H'.AWORDFILE~Pt,ANNINGVSTAPGRPTitr,2700impedaL~oise2ndletter]-3-07.dc~ -_ ~ - 2700 Imperial Hwy. January 3, 2007 Page 2 Please take the following actions to mitigate impacts on adjacent residential properties: • Do not store, load or unload truck trailers near residential properties; • Do not store, load, unload trucks or trailers and create excessive noise between 10:00 pm and 7:00 am; • Notify employees, customers and vendors to show consideration to the residential properties; • Consider erecting a solid block wall along the residential properly lines to mitigate noise and visual impacts. Failure to comply with the Lynwood Municipal Code and Site Plan Review No. 98-07 may result in the matter being referred to the City Prosecutor for legal action. This matter has been scheduled for review and recommendations by the Lynwood Planning Commission on January 9, 2007 at 6:30 p.m. in the City Council Chambers, 11330 Bullis Road, Lynwood, CA 90262. Thank you for your consideration and please call me at (310) 603-0220, Extension 326 as soon as possible to discuss this matter. Sincerely, ~~C Grant Taylor, irector Development Services Department City of Lynwood cc: N. Enrique Martinez, City Manager Jonathan Colin, Development Services Manager Deborah Jackson, Quality of Life Director Jose Tobias, Pacer Vice President H.AWORDFILE~PLANNING\STAFFRP'NR 2700fmperiaLwise ?ndleller_ I-3-07.da~ November 7, 2006 v~ ~',ify ~4^ekis~tj G~raQQes,gcs 71330 6ULLIS FlOAD L'YNWOOD, CALIFORNIA 90262 (310) 603-0220 Kent Prokop, President Pacer Distribution Services, Inc. 9350 South Rayo Avenue South Gate, CA 90280 RE: Pacer Distribution Services, Inc. 2700 Imperial Highway, Lynwood Dear Mr. Prokop: A!L-AIAEAICA Cli'I i~ ~,F+ t^ ~ Pi '3i _"i ~,J The City of Lynwood has received complaints from neighboring residential properties regarding excessive noise and around the clock business operations. Pacer received approval from the Lynwood Site Plan Review Committee on August 26, 1998 pursuant to Site Plan Review No. 98-07 that allowed construction of a 325,000 square foot industrial building and operation of a distribution facility. Condition #9 states "there shall be no outdoor storage of materials or equipment of any kind once the Notice of Completion is issued". The City understands that the property is within a Manufacturing zone and the truck trailers are part of business operations, however, the health and welfare of residents is of paramount concern. Please make every effort to keep noise, operations, and storage of vehicles away from residential properties located on the east side of the property. Thank you for your consideration and if you have any questions or concerns please feel free to call me at (310) 603-0220, Extension 326. Sinc~er~,~ Grant Tayloror Development Services Department City of Lynwood cc: N. Enrique Martinez, City Manager Jonathan Colin, Development Services Manager Deborah Jackson, Quality of Life Director Jose Tobias, Pacer Vice President H:AWORDFILE~PLANN@7GASTAFFRPNtr.2700impcnaLpnccr noSse.l7-7-06.doc {` tF t r fl '_ w; r~,a€ Syr F~ 1, ~ ~~~3; Fa_, ~, /~ ~, <,. ._ = t~ ~89fitlq l~~Q~~00gE5 ~~~~~~~ 17330 EULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 603-0220 Au~?ust 26, 1995 Mr. Bruce Bearer Sares-Regis Group 1880? Bardeen Avenue hvine, CA 92612 RE: Approval of Site Plan Revictt' No. SPR 98-07, 325,000 square foot industrial building located at 2600 Imperial Highway, Lynwood, California. Dear Mr. Bearer: The Site Plan Re.-iew Committee has reviewed your proposal and has recommended approval subject to the following conditions: CONDITIONS OF APPROVAL Community Develo meat Conditions I. The proposed development shall comply with a(t applicable regulations of the Lynwood Municipal Code. The applicant shall meet the requirements of all other city departments. 2. The project development is subject to the plans approved by the Site Plan Review Committee and ou file in the Planning Division of the Community Development Department. Any subsequent modification of the subject site or structures thereon, shall be first reported to the Conunuurty Development Department, Platming Division for review. ~- The applicant. or his representative, shall sign a Statement of Acceptance stating he/she has read, understands, and agrees to the catditious stated herein before issuance of building permits for said application by the Site Plan Review Committee. 4. This Site Plan Review approval shall lapse and become void 180 days from the date of this document unless all conditions of said permit are met aad a buitdina permit is issued or sttbstautial pro«ress has been made toward establishing this use. cordAplannin~A~rollAstfryu •pii7S07.duc ' 1.. 4... l ;. t~Jheu thi approval is subjrct to Lip ~ tt nali L , rcuew~.u in~ air additional ninety days, provided that prior to t1'~e ~~pir~ition dit~ an ~pplicatio~~ for rcne"31 is filed cvitlt the Planning Divisia~. S-rid renetitals shall be q_~pro~ed hS~ the Plaunin~ Division. 6. A cover sheet of approved conditions must be attached to plans prior to submission to the Building and Safety Division. Plann_ in~Denartment 7. All 1aildscaping and irrigation shall be installed in accordance to a licensed landscape architect's detail landscape plan which shall he submitted and approved by the Director of Community Development Department prior to receiving building permits. 8- All required parking areas shall be designated and striped per the approved plan and shall be well lighted and secure as to prevent mischief; loitering and the attraction of nuisance. 9. here shall be no outdoor storage of materials or equipment of any kind once the Notice of ompletion is issued. Redevelopment A encv 10. The applicant, to the ea-tent practicable when awarding the construction contract or the hiring of labor, shall recruit from within the City of Lynwood and particularly within the Lynwood Redevelopment Project Area. Public Works Department 11. Provide documet~tatiou that lots composing the property were legally tied together and/or untied to the satisfaction of the Department of Public Works. After reviewing the documents, the Department of Public Works may require the submission and recordation of a parcel map or lot merger. 12. Submit a grading plan prepared and signed by a registered Civil Engineer. Grading plan will be checked by the Public Works/Engineering Deparhnent. ~No building permits will be issued prior to the approval of grading plans by the City Engineer. 13. Provide site Hydrology study and drainage plan. 14. Comiect to public sewer. Each building shall be connected separately. Construct laterals as accessary. 15. Underground all Utilities. woN\plann i n,Awol Flstl}pLS\spr9S07.doc ~- 4 16. All l;dison vaults and structures shall be placed uudergromxl. 7 7. All required water meters, meter sen+ice ch~u~6es and/or fire protection ]rues stall be installed by the developer. The work shall be perfonued by a licensed conhactor Hired try the developer. The contractor must obtain a permit from the Public Works/Engineering Division prior to performing any work. 18. Repair localized damage/sinking pavement, seal pavement cracks an_d slung seal Bellinger Street from subject property south to Lynwood Road. 19. A permit -front the. Public Works/Engineering Division is required for all off site improvetnents. Fire Denartment 20. Submit and receive approval of a fire protection plan for a sprinkler system to the Bureau of Fire Prevention, Lynwood Fire Department. If you have any questions cdncerning this approval or any of the conditions, please do not hesitate to contact staff at your convenience. 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Clerical services Impart / export expertise Control /interface (};L71j Pr-iharv I~r€sdeact: 131ectranics Ria~i1 Conunodities Slrecial ~+:-gniPrneut: Slip-sheet Clamp trucks Vr~lua A€Ided Services: Custom b~u code label printing Slu~i.nk tivraPP~g Customized order pack l+or -~tof-e info, contact Ellaiu~ie Valderrdma at (323) 568-5€l65 I evalderran~a of ~aeeri~iti,c~tn ~~FV~w.pacerdistribution.eoti~ R~C~Z/' 'Tn iu'/lu 1-tEr~q i AGENDA ITEM #10 YEAR 2006 ACCOMPLISHMENTS DATE: January 9, 2007 TO: Honorable Chair and Members of the Planning Commission FROM: Grant Taylor, Director of Development Services SUBJECT: Summary of Planning Commission Entitlement 2006 Calendar Year Proaosal For the Planning Commission to review the zoning entitlements and projects that were heard at public hearings or reviewed as regular agenda items. Discussion In the 2006 calendar year the Lynwood Planning Commission conducted twelve (12) meetings reviewing a number of zoning entitlement applications and land use issues. Following is a brief summary of applications, items and accomplishments: Approved Long Beach Boulevard Specific Plan Approved Update of the Lynwood Zoning Code Approved Water Efficient Landscaping Ordinance Approved Design Review Board Approved Billboard Ordinance Processed 58 zoning items (i.e. 45 discretionary & 13 regular agenda) 19 -Conditional Use Permits 2 -Conditional Use Permit Modifications 2 -Variances 7 -Tentative Parcel Maps (4 lots or less) 6 -Tentative Tract Maps (5 lots or more) 3 -Zone Changes 1 -General Plan Amendment 4 - Zoning Ordinance Amendments 1 -Tenant Impact Report Conducted 65 public hearings (i.e. average of 5.4 per meeting) Approved 180 new residences Approved 8 new or commercial buildings Due to construction activities the Building & Safety Division issues approximately 300 permits per month and conducts 30 to 40 inspections per day. H:\WORDFILE\PLANNING\S7AFFRPTMemo.pc2006statistics.doc 1 6tecommendation Staff recommends that the Planning Commission receive and file. Attachments: Photographs H.\WORDFILE\PLANNING\STAFERP'Ilmemapc 2006statistics.doc