HomeMy Public PortalAboutA2009-08-11 PLANNING COMMISSION
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11330 BULLIS ROAD
LYNWOOD, CALIFORNIA 90282
(310) 603-0220
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LYNVNOOD PLANNING COMMISSION
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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
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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
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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
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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.
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LYNWQOD PLANNING COMMISSIQN MEET,
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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
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. 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
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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
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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
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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
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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
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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.
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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"),
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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.
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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:
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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:
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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; _
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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)
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Attachment 3
Resolution # 3235
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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:
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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
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Attachment 4
Southern California Native Drought Resistant Plants
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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
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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
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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.
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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.
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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
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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)
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>; _
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.
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;~
~;.
. ~ LOCi4~'ION MAP
SITE ADDRESS: 4300 Agnes Ave:
N
W E
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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.
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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
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APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Jonathan Colin, Director Pam Lee, Assistant City Attorney
Development Services Department City of Lynwood