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HomeMy Public PortalAboutA2009-08-11 PLANNING COMMISSION city ~ ~YN~~~~ v1 C[ty /tAeettng C6aPQenges 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90282 (310) 603-0220 LLL~NFFICI CttY 'aDDo' ~4GEND~ LYNVNOOD PLANNING COMMISSION C%TY HALL COUNCIL CHAMBERS ~t ~~~ 11330 BULLIS ROAD RECEIVE D LYNWOOD, CA 90262 August 11, 2009 6:30 P.M. PLANNING COMMISSIONERS AUG 0 6 2009 CITY OF LYNWOOD CITY CLERKS OFFICE ~Q,l~a QIUVtfi1~P2. Gay ~k ~~~ ~-s Kenneth West Rebecca Wells Zelda Hutcherson Chair Vice-Chair Commissioner Alex Landeros Rita Patel Bill Younger Commissioner Commissioner Commissioner COMMISSION COUNSEL Law Office of Aleshire and Wynder Pam Lee, Assistant City Attorney STAFF 7onathan Colin, Director ~.p~a Mar~ilsusart, Interim Manager ICaretr ~ir~~eredo, Planning Assistant 1 ~°:,. ENING 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: June 09, 2009 SWEARING 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. NEW BUSINESS NONE 2 ~,_ City of Lynwood to amend Lynwood Municipal Code Section 25 (Zoning) by adding new regulations to m 25-10-12 (a) regulating the height of fences, walls, and hedges. recommends that the Planning Commission approve Zoning Ordinance Amendment No. O1. 9. Daniel Ruiz 4300 Agnes Avenue APN 6186-002-016 Request approval to reduce interior side setback from five (5') feet to three (3') feet and street side setback from ten (10') feet to three (3') feet in order to build a 1,459 square foot two story single family dwelling, the existing two-car garage will remain. The property is located at 4300 Agnes Avenue in the R-1 (Single Family Residential) zone. recommends that the Planning Commission approve Variance No. 2009-03 and ition No. 3242. Adjourn to the regular meeting of the Lynwood Planning Commission on September 08, 2009 at 6:30 p.m. in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California, 90262. 3 LYNWQOD PLANNING COMMISSIQN MEET, 7une~9,~~ ---c- The Lynwood Planning Commission met in regular session in the City Hall Council Chambers, on the above date. Chair West called the meeting to order at 6:35 p.m. Commissioner Younger led the flag salute. Chair West requested the roll call. Planning Consultant Allen called roll. Commissioners West, Younger, Landeros, Patel and Wells answered the roll call. Commissioner Hutcherson was absent. Also present were Planning Assistant Karen Figueredo, and Commission Counsel Pam Lee. Chair West inquired if the Agenda had been duly posted. Planning Consultant Allen indicated the Agenda had been duly posted. Item #5 Minutes Mav 12, 2009 Chair West introduced Agenda Item #5, minutes of May 12, 2009, Planning Commission Meeting and asked if there were any questions or revisions. Motion by Commissioner Wells to approve the May 12, 2009 minutes, seconded by Commissioner Landeros. Chair West requested the roll call. Planning Consultant Allen called roll and the motion to approve the minutes passed 5-0. Item #6: Swear in Speakers NONE Item #7: Public Orals NONE 1 . rIEIALBUSINESS NONE CONTINUED PUBLIC HEARINGS NONE CONTINUED REGULAR AGENDA Item #8: Zone Ordinance Amendment No. 2009-01 APPLICANT: City of Lynwood Planning Consultant Allen presented the staff report that requests to amend Lynwood Municipal Code Section 25 (Zoning) by adding new regulations to subsection 25-10-12 (a) regulating the height of fences, walls, and hedges. Staff recommends that the Planning Commission approve Zoning Ordinance Amendment No. 2009-01. Chair West asked if the Planning Commissioners had any questions. NONE Chair West opened the Public Hearing. NONE Chair West closed the Public Hearing. After discussion a hedge survey was requested by the Planning Commissioners, the item was moved by Commissioner Wells to continue Zoning Ordinance Amendment No. 2009-01 seconded by Commissioner Landeros. Chair West requested the roll call. Planning Consultant Allen called roll and the motion to approve passed 5-0. ROLL CALL AYES: LANDEROS, WEST, WELLS, PATEL & YOUNGER NOES: NONE ABSENT: HUTCHERSON ABSTAIN: NONE COMMISSIONER ORALS 2 -- DATE: August il, 2009 TO: Honorable Chair and Planning Commission Members FROM: Jonathan Colin, Director of Development Services BY: Michael Allen, Planning Consultant SUBJECT: Zoning Ordinance Amendment No. 2009-01 Hedge Ordinance PROPOSAL Request to amend Lynwood Municipal Code Section 25 (Zoning) by adding new regulations to subsection Section 25-10-12 regulating the height of fences, walls, and hedges. Section 25-10-12 of the Lynwood Municipal Code (LMC) addresses the height of fences, walls, and hedges, and indicates that the maximum height of all fences, walls, and hedges at all locations, except in the required front yard setback, is six feet (6~. This section clearly identifies that fences may not be more than six (6~ feet in height; however, it does not indicate the maximum height allowed within the front yard setback for either fencing or hedges. The Fences, Walls, and Hedges regulations have been amended multiple times in the past twenty years. The first amendment in 1991 was intended to incorporate new properly development and design standards for fences, walls and hedges in the non- residential zones. The purpose was brought on by the City's desire to eliminate the elements which contributed to a negative city image. At that time, along most of the City's commercial and industrial corridors there were major elements of blight. Razor and barbed wire on fences and block walls were openly visible from the street. In addition, the lack of landscaped screening, deteriorating fences and walls, poor design, and low maintenance contributed to the disorder. Following the introduction of regulations for fences, walls and hedges, the City's Planning Commission and City Council adopted new design guidelines to include the residential zones, specifying the different requirements within front yard set-backs as well as corner lots. In 1994 the Planning Commission appointed a subcommittee to look into possible regulations in response to many incompatible fences being constructed in the front yards of single family residences. After the review, the Commission concluded that a 4 foot fence (as previously permitted) gave very limited protection and primarily served to keep dogs and children out or in. The Commission decided that the best action to take 1 -- was to restrict new fences entirely in the 20 foot front yard setback. Front yard fences were only permitted if it could be shown that it was necessary to prevent significant trespass. Similar standards were applied to side yard fences on corner lots and single family houses and units in multiple family zones. Because of a great number of requests, the Planning Commission made it possible to erect fences to be constructed within the front yard set-back, not to exceed 48" (four feet). In doing so, the Commission did not re-implement the standards related to the height of hedges, leaving no guidelines at all. The ordinance regulating fences, walls and hedges is intended to provide generally acceptable standards of development for Lynwood. More specifically, regulations for fences, walls and hedges exist for a variety of reasons, including aesthetics, uniformity, and safety. There have been many complaints regarding the lack of standards for hedges in the LMC. Currently Section 25-10-12 addresses the height of fences and walls; however it no longer regulates the height of hedges in the front yard setback. For safety reasons, fencing in the front yard must be open (transparent) approximately 66%. To address this issue staff has developed the following options to be considered: tion #1 Leave the ordinance as is. However, the issue will not go away. There will continue to be safety hazards as well as impacted views to and from neighboring properties. ti n #2 Amend the code to prohibit hedges in the front yard set-back. Although, hedges and other landscaping usually improve the aesthetics of a property, and a hedge limited to the height of a block wall is no different than the block wall itself. O ti n Permit hedges in the front yard set-back that meets certain development standards. Hedges that are permitted in the front yard set-back no higher than the thirty six inch (36'~ maximum height for walls will not negatively impact aesthetics and will not impact the safety of properly owners as well as the surrounding community members. Staff considers option #3 is the preferred option. Staff does believe that open front yards with limited barriers is a more desirable appearance, however this does not 2 ~:. provide the residents and property owners with the sense of privacy and protection of their own property. Of the survey conducted, every city permits hedges in the front yard set-back. The majority of cities limit the height of the hedge to the height of the walls. In this case, the proposed development standard is to permit hedges to no more than thirty six inches (36"). A 36" hedge will provide the barrier often desired by property owners, and for safety purposes keeping in-line with the 66% opening for fences in the front yard, hedges will be restricted to 36". An option to consider is limiting the types of plants allowed in the front yard setback. Attached is a list of common Southern California drought resistant plants, provided by the Los Angeles Green Building Program which is administered by the Los Angeles County Department of Regional Planning. The attached ordinance has proposed deletions struck through and proposed additions in bold. In addition to adding the height requirement of hedges, staff has re-written the majority of Section 25-30-12 to be more comprehensible. ENVIRONMENTAL REVIEW The proposed Zoning Ordinance Amendment is determined to be categorically exempt under California Environmental Quality Act Section 15061(6)(3). RECOMMENDATION Staff recommends that the Planning Commission approve Resolution 3235, approving Zoning Ordinance Amendment No. 2009-O1 and recommending that the City Council approve the attached ordinance. Attachments: i. Survey 2. Previous Ordinance (illustrating changes) 3. Planning Commission Resolution No. 3235 4. Southern•California Native Drought Resistant Plants Attachment 1 Survey 4 ~.- C~ Front yard fence hei ht Front vard hedge hei ht Santa Monica 42" 42" Burlin ame 5' S' Indian Wells 4' 18" Lakewood 42" 42" Downe 42" ~ 42" Norwalk 42" No re uirements Carson 48" 48" Gardena 42" 42" Azusa 42" 42" Bell Flower 48" 48" Duarte 48" 48" EI Monte 48" 48" Paramount 42" 42" Pico Rivera 42" 42" Santa Fe S rin s 42" 42" South Gate 48" 48" Hedge Survey in Residential Zone Front Yard Setback Side Yard Setback Rear Yard Setback 54 143 32 Hedge Survey in Commercial and Manufacturing Zone Front Yard Setback Side Yard Setback Rear Yard Setback 10 7 5 ~:- Attachment 2 Previous Ordinance (with proposed changes) 25-10-12: FENCES, WALLS, AND HEDGES:. A. Definitions: CAP: The horizontal surface atop a column. COLUMN: The vertical supporting member located between fencing or which flanks a gate entrance. DECORATIVE: Aesthetically significant in design and construction with anon- detracting color, and a compatible finish that is consistent with the main dwelling and adjacent properties, such as brick or concrete pilasters. DECORATIVE COLUMN: A vertical supporting member with an aesthetically signifcant textured surface, including, but not limited to, stucco, split face, stone veneer, brick veneer, wood veneer, solid stone, solid brick, _ solid wood and glass block. Height: The height of a fence, wall or hedge shall be measured from the top of the said fence, wall or hedge to the finished grade. ~ , , • ,. , ~~ B. Development Standards ' i. Height a. Residential Districts: The maximum height of all fences, walls, and hedges behind the front yard set-back is six feet (6'). Fences and walls within the front yard set-back shall not exceed forty eight inches (48"), 7 and hedges within the front yard set-back shall not exceed thirty six inches (36"), unless otherwise stated in this article. b. Commercial and Manufacturing Districts: The maximum height of all fences, walls, and hedges behind the-front yard set-back is eight feet (8~. Fences and walls within the front yard set-back shall not exceed forty eight inches (48'7, and hedges within the front yard set-back shall not exceed thirty six inches (36°), unless otherwise stated in this article. 6-2. Retaining and Crib Walls: Tlie heights of any portion of wall or fence, which retains earth or water, except in the required front yard, shall be limited as follows. The height of the wall shall not include any guardrail or.open fence (defined in subsection C of this section) required by the uniform building code or the city. ~. 3. Walls Built on Slopes of Less than Fifteen Percent Grade: For walls constructed on slopes with a less than fifteen percent (15%) grade, the fence and wall heights specified in subsection A of this section shall apply. ~. 4. Alternative to_ Height Limit of Retaining Walls: Stepping or retaining walls is permitted subject to approval of a planning use permit. Stepping is allowed, provided that the minimum horizontal distance between the top of the down slope retaining wall, fence, and/or landscaping, and the bottom of the up slope retaining wall, fence, and/or landscaping, shall be equal to the vertical height of the down slope retaining wall, fence, and/or landscaping. Approval shall be considered when the wall is landscaped and does not create conditions or situations that may be detrimental or incompatible with other permitted uses in the vicinity. Any guardrails required by the building official shall be'open type guardrails, and the rail shall be exempted from maximum required height measurements. Crib walls with a vertical slope of at least one-half to one (1/2:1) are exempt from these stepping requirements. 5. Clear Area: The clear area requirements contained in section 25-10-8 of this article shall apply. 8 : l 4 :I 1 L L ..r4: ~. _~_. . .. .... -... ... w. . .... .. .... .... ... . r -, _._ _. r_~___. __ / / / / / i 3. 6. Height: Decorative fences and decorative columns with caps located in the front yard area shall not exceed forty eight inches (48") in height. 4 7. Fence Supports: No solid decorative walls located in the front yard shall be greater than twenty four inches (24") in width and not spaced closer than eight feet (8') apart. rr. 8. Fence Material: Notwithstanding other requirements herein, fences may only consist of one of the following materials: a. Wrought iron (black or white only). b. Wood picket or PVC picket. c. Block 6: 9. Spacing: Open fence material shall not exceed two inches (2") in width nor be spaced less than four inches (4") apart. Solid block walls are not permitted in the front yard setback, except the required supports consistent with section 25-10-12 (B-7). 10. Retaining Walls: The height of retaining walls in the front yard shall be equal to or less than thirty inches (30"). The total height of any wall in a front yard, including a retaining portion, shall be equal to or less than forty eight inches (48"). 11. Opening: Fences or walls shall provide a gate or other suitable opening no less than thirty inches (30") in width to provide access to primary or accessory structures. i$: C. Prohibited Fence Material: Fences, in their entirety, or portions thereof, shall not be comprised of the following materials: 9 ~,-. a. Chain link. b. Barbwire. c. Chicken wire. d. Razor wire. e. Fiberglass. f. Corrugated plastic. g. Gypsum board. D. Exempt From Amortization: Fences, which were legally Constructed prior to the adoption of this zoning code, but made nonconforming as a result of the adoption of the zoning code, are exempt from amortization. E. Permit Required: All new fences in all zoning districts, including block walls, require a permit from the development services department, planning division. All applications for a city permit for installation of a fence shall: 1. Be made in writing upon the application form approved by the city manager or his or her designee, and be accompanied by the permit fee set by and amended by city council resolution; and 2. Include a plot plan that identifies the location of the fence(s); and 3. Include an elevation plan containing a description of the materials to be used in constructing the fence and/or the fence supports and all of the dimensions, including, but not limited to, width, height,~depth, and length of the fence and/or the fence supports; and 4. Include a notarized letter from all abutting landowners consenting to the location of the fence. In absence of the notarized letter, a survey from a licensed engineer delineating the property lines of the person applying for the fence permit. E: F. Notice of Granting or Rejecting of Permit: The department,of development services director or his/her designee shall notify the applicant of the decision to grant or deny the permit. In the case of denial, the applicant shall be notified of his/her right of appeal to the planning commission. F. G. Right of Appeal to Planning Commission: 10 -. 1. The decision of the director of development services may be appealed to the planning commission in accordance with this code. 2. In considering the appeal, the planning commission shall.determine whether the applicant demonstrated that the fence has met-the following criteria: a. Aesthetically attractive; _ ' b. Compatible with surrounding properties; " _ _ c. Demonstrate continuity of design with other conforming fences on surrounding properties; d. Not harmful to public health, safety or welfare. 3. Notice of the planning commission's decision shall be mailed to the appellant within ten (10) business days of the decision personally, or by certified United States mail, return receipt requested. The decision shall include notification of section 1094.6 of the California Code of Civil Procedure. Should the certified mailed notice be returned to the city for any reason, the city shall cause a copy of the same to be mailed to the property owner shown on the last equalized assessment roll by regular first class mail with postage fully paid. 4. On appeal, the planning commission shall conduct the hearing and may uphold, reverse, or amend any decision of the director of development services. The decision of the planning commission shall-base its decision on findings. (Ord. #1572, §2) I1 Attachment 3 Resolution # 3235 12- RESOLUTION No. 3235 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD RECOMMENDING APPROVAL OF ZONING ORDINANCE AMENDMENT NO. 2009-01 ' TO AMEND SECTION 25-10-12 OF THE LYNWOOD MUNICIPAL CODE PERTAINING TO THE REGULATION OF FENCES, WALLS AND HEDGES, AND THAT THE CITY COUNCIL ADOPT AN ORDINACE REGULATING FENCES, WALLS AND HEDGES ON PRIVATE PROPERTY. WHEREAS, the City of Lynwood Planning Commission (Planning Commission), pursuant to law, on August il, 2009 conducted a public hearing pertaining to Zoning Ordinance Amendment No. 2009-01 to amend Section 25-30-12 of fences, walls, and hedges (Zoning Ordinance Amendment No. 2009-01); and WHEREAS, the Lynwood Planning Commission, pursuant to law, on May 12, 2009 conducted a public hearing and continued the public hearing on Zoning Ordinance Amendment No. 2009-01; and - WHEREAS, the Lynwood Planning Commission, pursuant to law, on June 9•-2009 conducted a public hearing and continued the public hearing on Zoning- Ordinance Amendment No. 2009-01; and WHEREAS, the Lynwood Planning Commission has carefully considered all oral and written testimony offered at the public hearing Zoning Ordinance Amendment No. 2009-Oi;and WHEREAS, a comprehensive fence, wall and hedge ordinance will provide fair and even standards for the development of fences, walls and hedges on private property; and WHEREAS, a comprehensive fence, wall and hedge ordinance will protect the public health, safety and general welfare; therefore, Section 1.A public hearing was held before the Planning Commission on August 11, 2009 to consider Zoning Ordinance Amendment No. 2009-O1. All evidence, both written and oral, presented during said public hearing was considered by the Planning Commission in making its determination. Section 2. The Planning" Commission Hereby finds and determines as follows: 13 ~.. ~' A. That the proposed amendments to Section 25-10-12 of the Lynwood Municipal Code are consistent with the goals, policies, and' objectives of the General Plan; and B. That the proposed amendments will not adversely affect properties in the City of Lynwood. Section 3. Based on the aforementioned findings, the City of Lynwood Planning Commission hereby recommends approval of Zoning Ordinance Amendment No. 2009-01. APPROVED AND ADOPTED this 11th day of August, 2009, by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO CONTENT: Jonathan Colin, Director Development Services Department Kenneth West, Chair Lynwood Planning Commission APPROVED AS TO FORM: Pam K. Lee, Assistant Agency Attorney City of Lynwood 14 x::. Attachment 4 Southern California Native Drought Resistant Plants 15 Anderson's Desert thorn shrub white Antelo a Bitterbrush shrub white Antelo a Bush shrub Ash leaf Buckwheat shrub ink/white Ash Siiktassel shrub white Black Sae shrub white Bladde od shrub ellow Blue Witch shrub u le blue Dune Bush Lu ine shrub ur le Dwarf co ote bush -shrub - Eastwood Manzanita shrub white Emo 's Baccharis shrub Felt leaved Yerba Santa shrub blue Gnn4hi11 r~nneohcrni ehn~h - Four wina Fourwin Saltbush shrub Fra rant Pitcher Sae shrub ur le Fremont Barber shrub allow Fremont's Bushmallow shrub - ink Fuchsia flowered Gooseber shrub red Ga in Keckiella shrub white/ u le Giant Coreo sis shrub allow Giant Wooll star shrub blue Golden Currant .shrub allow Golden Yarrow shrub Goldenhead shrub allow -Gra Rabbitbrush shrub allow Green E hedra shrub none Greenbark Ceanothus shrub blue Greenleaf Manzanita shrub white Hai Sae shrub blue Hai Yerba Santa shrub white/ u le Hall's Bush Lu ine shrub allow/ u le Heart leaved Keckiella shrub red Hoa Coffeeber shrub allow Holl leaf Redber shrub incons icuous Hoosaoe shrub inconspicuous Interior Bush Lu ine shrub allow/ ur le Interior Wild Rose , shrub ink Island Bush Sna dra on shrub red Je son's Ore on Gra a shrub allow Laurel Sumac shrub white Lax flowered Bushmallow shrub ink Leafcover Saltweed shrub Lemonade Ber shrub white/ ink Lon leaf Bush Lu ine shrub allow/ u le Malibu Baccharis shrub inconspicuous Mesa Bushmallow ~ssion~6lanzan~a ock Heather Mock Oran e Mohave Common Rabbitbrush Mohave Rubberbrush Mohave Eriastrum Mohave Saltbush shrub white sfirut3 vdh'~e1 inic shrub ellow shrub white shrub ellow shrub shrub blue shrub incons icuous Mohave Yucca shrub ellow Mono Groundsel shrub allow Mountain California Fuchsia shrub red Mountain Muowort shrub inconsnicuous Mu wort shrub Narrowleaf Goldenbush shrub ellow Nevada E hedra shrub none Nevin's Barber shrub ellow Nevin's Brickellbush shrub white Nevin's Erio h Ilum shrub allow 1 Nuttall's Scrub Oak I shrub 1 inconsninuous Oceans ra shrub white Oran a Bush Monke Flower shrub Ore on Gra a shrub allow Palmer's Rabbitbrush shrub allow Parish's Bluecurls shrub blue/ ur le Par Manzanita shrub white Par 's Saltbush shrub Peach Thorn shrub white Peak Rush rose shrub ellow~ Pine bush shrub ellow Pink Flowered Bush Mallow shrub 1 Plummer's Baccharis 1 shrub 1 inconsnicuous Prostrate Goldenbush shrub allow Pu le Ni htshade shrub u le Pu le Sae shrub u le Ra less Goldenhead shrub ellow Redbernr I shrub 1 inconsnicuous San Bernardino Rabbitbrush shrub ellow San Clemente Island Hazardia shrub ellow San Die o Sunflower shrub ellow San Gabriel Manzanita shrub white San Gabriel Mtns. Leather Oak I shrub I inconsnicuous ~:. Skunk Bush shrub ellow So. Mtn. Gra a Soda Lu ine shrub ellow/ ur le Southem Bush Monke lower shrub red Southem Mountain Eriastrum shrub - blue Sta. Catalina Island Buckwheat shrub white/ ink Stick Monke lower shrub oran e Stin in nettle shrub Su ar Bush shrub white Sweetbush shrub ellow 1 Tarragon I shrub I inconspicuous Terete Leaved Rubberbrush shrub Thick Leaved Yerba Santa shrub Tractscale shrub Trailin Snowber shrub ink Transverse Ran a Manzanita shrub white Utah Service Ber shrub Wax Currant shrub ink Wed eleaf Ceanothus shrub Western Chokecher shrub white - Western False indi o shrub u le Western Juniper I shrub 1 inconspicuous Whi le's ucca shrub White flowerin Currant - shrub white White Pitcher Sa a shrub white White Sae shrub white Winter Fat shrub white Wooll Bluecurls shrub blue/ ur le Monocot cattails shrub Bi ber Manzanita ~ shrub/tree white California Ba shrub/tree allow California Flannelbush shrub/tree ellow California Juniper I shrub/tree I inconspicuous Catalina Ceanothus shrub/tree blue Channel Island Tree Po shrub/tree ellow Joshua Tree shrub/tree ellow Mexican Elderber shrub/tree allow Mountain Maho an snruo/free incons icuous Screw bean Mes uite shrub/tree ellow o.....~, n.,~ - chrnh/tray inrnncnirunus Sin~le leaf Pin on shrub/tree ~ none Southern Wooll leaf Ceanothus shrub/tree blue To on shrub/tree white Tucker Oak snruo/tree mcons ~cuous Western Redbud shrub/tree ink tree/shrub ~. DATE: TO: FROM: BY: SU67ECT: APPLICANT: BACKGROUND: August 11, 2009 Honorable Chair and Planning Commission Members Jonathan Colin, Director of Development Services Karen Figueredo, Planning Assistant Variance No. 2009-03 Daniel Ruiz 4300 Agnes Avenue APN 6186-002-016 The subject property is irregular in shape totaling 2,460 square feet in area and is located on the south side of Agnes Avenue between Second Avenue and First Avenue. The property is located at 4300 Agnes Avenue in the R-1 (Single Family Residential) zone. . The applicant is requesting approval to reduce interior side setback from five (5~ feet to three (3~ feet and street side setback from ten (10~ feet to three (3~ feet. The approval will allow the applicant to build a 1,459 square foot two story single family dwelling; the existing two-car garage will remain. ANALYSIS & DISCUSSION: On December 19, 2007 the applicant obtained a building permit for an addition and remodeling of property located at 4300 Agnes "Avenue. The _ addition consisted of a second story and first floor interior remodel. During the construction process the contractor removed a remaining wall which triggered development standards for new construction. Per Lynwood Municipal Code, Table 25.20-1 the minimum interior side yard setback for riew construction is five feet (5~ and the minimum street side setback is ten feet (10~. In order to build a new unit the applicant is requesting a Variance to allow a 1,459 square foot two story single family residence, reducing the"setbacks to three feet (3~ at each side setback. t ~,:. In order to preserve property rights, while maintaining and improving the quality of life to property owners and residents, the applicant will maintain the minimum front yard setback and comply with parking requirement. Variance: Under Section 25-135-1, Major Variances, certain findings must be made in order to approve VAR 2009-03. In order to approve the VARIANCE, the Commission must find: A. There are exceptional or extraordinary circumstances or conditions applicable to the property which does not apply generally to other properties in the same vicinity and zone. Due to the size and shape of the property, the lot width is twenty six feet and six inches (26'-6'~; as such, this is an exceptional circumstance do exist that does not generally apply to regular fifty feet (50~ wide properties in the surrounding area. B. The variance is necessary for the preservation and enjoyment of substantial properly rights possessed by other properties in the same vicinity and zone but which is denied the properly in question. Due to the unique narrowness of the property, and in order to maximize the use of this property as a single family residence, the requested variance is necessary for the preservation and enjoyment of the subject properly. C. Granting the variance will not be materially detrimental to the public welfare and injurious to properties and improvements in the vicinity. Staff has determined that the variance will not be detrimental to the surrounding area. The project will not negatively impact the public health, safety or general welfare. The project is consistent with other development in the area and will comply with the California Building Code. D. Granting the variance will be consistent with the spirit and intent of the Zoning Code. Staff believes that granting this variance will not adversely affect orderly development in this area. It will merely facilitate the construction of one single family home. The variance will allow the properly owner to continue and benefit from properly as permitted and is consistent with the Lynwood Municipal Code and State Law. 2 E. The variance will not grant special privilege to the applicant. Granting this variance will not give the property owner a special privilege. Other residential properties in vicinity and same zoning district have single family residences. F. The variance request is consistent with the General Plan of the City of Lynwood. The proposed variance is consistent with the goals and policy of the Lynwood General Plan in that the proposal is to maintain and improve the quality of life of the City's residents. ENVIRONMENTAL REVIEW The proposed Zoning Ordinance Amendment~is determined to be categorically exempt under California Environmental Quality Act Section 15303(a). Staff recommends that the Planning Commission conduct a public hearing on the matter and upon conclusion of that hearing, adopt Resolution No. 3242 and findings to approve Variance No. 2009-03 as conditioned. Attachments: 1. Project Profile 2. Location Map 3. Resolution No. 3242 4. Plans 3 PROTECT PROFILE Variance 2009-03 4300 Agnes Avenue (APN 6186-002-016) 1. Source and Authority Lynwood Municipal Code (LMC) Section 25.135 sets forth findings for Variance approval. 2. Proper Location and Size The subject property is irregular in shape totaling 2,460 square feet in area. The applicant is requesting approval to reduce interior side setback from five (5~ feet to three (3~ feet and street side setback from ten (10~ feet to three (3~ feet. The approval will allow the applicant to build a 1,459 square foot two story single family dwelling; the existing two-car garage will remain. Existing Land Uses Site Developed North: Residential South: Residential West: Residential East: Residential 3. Land Use Designation The subject property has a General Plan Designation of Residential and the current zoning is R-1 (Single Family -Residential). The adjoining properties General Plan and Zoning designations are as follows: Site General Plan Zoning North: Residential R-1 (Single Family Residential) South: Residential R-1 (Single Family Residential) 4 >; _ West: Residential R-1 (Single Family Residential) East: Residential R-1 (Single Family Residential) 4. Design Review Board None at the time of this report. _ 5. Site Plan Review The Site Plan Review Committee has reviewed the project and recommends approval of Variance No. 2009-03. 6. Code Enforcement History None at the time of this report. 7. Public Response None at the time of this report. 5 ;~ ~;. . ~ LOCi4~'ION MAP SITE ADDRESS: 4300 Agnes Ave: N W E 5 APN: 6186-002-016 CASE No.: Variance No. 2009-03 APPLICANT: Daniel Ruiz RESOLUTJON-#~A~-~~ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING VARIANCE NO. 2009-03, REDUCING INTERIOR SIDE SETBACKS FROM FIVE FEET (57 TO THREE FEET (37 AND STREET SIDE SETBACK FROM TEN FEET (10') TO THREE FEET (37 IN CONJUNCTION WITH THE DEVELOPMENT OF A TWO STORY SINGLE FAMILY RESIDENCE ON PROPERTY LOCATED AT 4300 AGNES AVENUE IN THE R-1 (SINGLE FAMILY RESIDENTIAL) ZONE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6186-002-016, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the City of Lynwood Planning Commission (Planning Commission), pursuant to law, on August 11, 2009 conducted a public hearing; and WHEREAS, the Planning Commission considered all pertinent testimony offered at the public hearing; and WHEREAS, on July 29, 2009 the City of Lynwood Site Plan Review Committee recommended approval of the project subject to Variance No. 2009-03; and WHEREAS, the City of Lynwood 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 hereby finds and determines as follows: A. There are exceptional or extraordinary circumstances or conditions applicable to the property which does not apply generally to other properties in the same vicinity and zone. Due to the size and shape of the property, the lot width is twenty six feet and six inches (26'-6'~; this qualifies as an exceptional circumstance that does not generally apply to regular fifty feet (50~ wide properties in the surrounding area. 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. Due to the unique narrowness of the property, and in order to maximize the use of this properly as a single family residence the requested ~,:. _ variance is necessary for the preservation and enjoyment of the Property C. Granting the variance will not be materially detrimental to the public welfare and injurious to properties and improvements in the vicinity. Staff has determined that the variance will not be detrimental to the surrounding area. The project will not negatively impact the public health, safety or general welfare. The project is consistent with other development in the area and will comply with the California Building Code. D. Granting the variance will be consistent with the spirit and intent of the Zoning Code. Staff believes that granting this variance will not adversely affect orderly development in this area. It will merely facilitate the construction of one single family home. The variance will allow the property owner to continue and benefit from property as permitted and is consistent with the Lynwood Municipal Code and State Law. E. The variance will not grant special privilege to the applicant Granting this variance will not give the property owner a special privilege. Other residential properties in vicinity and same zoning district have single family residences. F. The variance request is consistent with the General Plan of the City of Lynwood. The proposed variance is consistent with the goals and policy of the Lynwood General Plan in that the proposal is to maintain and improve the quality of life of the City's residents. Section 2. The Planning Commission hereby approves Variance No. 2009-03, subject to all conditions, restrictions and limitations set forth as follows: CONDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT The Variance use must be acted upon within one year. The Variance shall become null and void 365 days from the date of approval (August 11, 2010) if not acted on within this period. One extension of 1 year may be granted if the extension is requested in writing prior to the end of the valid period, at the discretion of the Development Services Department. 2. The project shall comply with all regulations and standards set forth in the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code and all other City Departments. 3. The project shall be developed in accordance with the plans approved by the Lynwood Planning Commission and on file in the Development Services Department, Planning Division. 4. Any proposed subsequent modification of the subject site or structures thereon shall be first reported to the Development Services Department, Planning Division, for review of said modifications. 5. The property owner shall sign a Statement of Acceptance stating that he/she has read, understands, and agrees to all conditions of this resolution prior to issuance of building permits. 6. Conditions of approval shall be printed on plans prior to submission to the Building and Safety Division for plan check. 7. All appeals must be brought within ten (10) working days of the date of the final action by the Development Services Director, or Site Plan Review Committee. An appeal will be scheduled for public hearing before the Lynwood Planning Commission. Persons filing the appeal must submit an application and pay a fee of $1,083. PLANNING DIVISION 8. Each garage shall have an interior dimension of 20' by 20'. 9. All driveways shall be permanently paved, maintained and remain clear and accessible for vehicle access at all times. 10. Landscaping and irrigation shall be installed in accordance with a detailed Landscaping Plan to be submitted and approved by the Planning Division prior to the issuance of any building permits. 11. The required front, rear, and side yards shall be landscaped and shall consist predominantly of plant material except for necessary walks, drives and fences. 12. Roofing material shall be non-reflective to include clay tile, concrete tile, synthetic tile, or ARC 80 Composition Asphalt. 3 13. Structures shall consist of non-reflective materials to include brick, stucco, wood, metal, concrete, or other similar materials. 14. Air conditioner, heating, cooling ventilation equipment, swimming pool pumps and heaters and all other mechanical devices shall be located within the rear yard. Such equipment shall be screened from surrounding properties and streets and so operated that they do not disturb the peace, quiet, and comfort of neighboring residents, in accordance with the City's Noise Ordinance. 15. No fence or wall shall be constructed until a permit is obtained from the Planning Division. Block walls shall require a building permit. 16. The owner of the property shall maintain apro-active approach to the elimination of graffiti from the structures, fences and any accessory building, on a daily basis. 17. Structures shall be architecturally compatible and exterior colors shall be neutral or earth tone. Trim and architectural fixtures may consist of bright colors. 18. Prior to plan check, applicant/property owner shall submit color sample and obtain a paint permit from the Planning Division. 19. Prior to plan check, applicant/property owner shall submit a written new address request to the Planning Division. 20. All contractors working on the project site must obtain a City business license prior to commencing" any work. 21. Property owner shall secure water service from City, and refuse disposal services with the City contracted firm. 22. This project is subject to the City of Lynwood's Development Impact and Art Fees. City of Lynwood Ordinance No 1575. BUILDING AND SAFETY DMSION 23. All construction shall meet or exceed the minimum building standards that are referenced in the fallowing codes: • The California Building Code - 2007 edition; a • The'California Plumbing Code - 2007 edition; • The California Mechanical Code - 2007 edition; • The Los Angeles County Fire Code - 2007 edition; • The National Electrical Code - 2005 edition; All as amended by the California Building Code of 2007. In case where the provisions of the California Building Code, The City of Lynwood Municipal Code, or the plans or specifications in these plans may conflict, the more restrictive provisions shall govern. 24. Applicant/property owner must provide a copy of permit card signed by all other department prior to scheduling a final inspection. PUBLIC WORKS/ENGINEERING DEPARTMENT 25. Reconstruct damaged sidewalk, along Second Avenue. 26. Construct new drive approach(es) per APWA standards. 27. Construct two (2) wheelchair ramp(s) at alley. 28. Access through the rear alley is not allowed. Alley will be vacated in the future. 29. Connect to public sewer. Each building shall be connected separately. Construct laterals as necessary. Minimum size required is six inches (6'~. When connecting to an existing lateral, a City approved contractor shall verify the size of such lateral and shall provide proof of its integrity by providing a video tape of the lateral to the Department of Public Works /Engineering Division. Video taping and verification of sewer later size and conditions must be done in the presence of city engineer / inspector. Any and all existing sewer laterals less than six inches (6'~ in diameter shall be abandoned at the property line per City instructions. 30. 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 Departrnent of Public Works /Engineering Division prior to performing any work. s ~::. 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. 31. No final lion off shall be given until all conditions of auoroval from the Public Works Department have been completed. SOUTHERN CALIFORNIA EDISON 32. Please contact Southern California Edison in regard to the electrical meter location at (310) 608-5005. LOS ANGELES COUNTY FIRE DEPARTMENT 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 Building Permits. Section 3. A copy of Resolution No. 3242 shall be delivered to the applicant. APPROVED AND ADOPTED this 11th day of August, 2009 by members of the Lynwood Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: Kenneth West, Chair Lynwood Planning Commission 6 APPROVED AS TO CONTENT: APPROVED AS TO FORM: Jonathan Colin, Director Pam Lee, Assistant City Attorney Development Services Department City of Lynwood