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DEVELOPMENT SERVICES (310) 603 -0220
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AGENDA
LYNWOOD PLANNING COMMISSION
CITY HALL COUNCIL CHAMBERS p vv1y sfel
11330 BULLIS ROAD RECEIVED
LYNWOOD, CA 90262 FEB 0 3 2011
February 8, 2010 CITY OF LYNWOOD
6:00 P.M. CITY CLERKS OFFICE
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PLANNING COMMISSIONERS
Kenneth West Rebecca Wells Alex Landeros Rita Patel Bill Younger
Chair Vice -Chair Commissioner Commissioner Commissioner
PLANNING COMMISSION COUNSEL
Law Office of Aleshire and Wynder
Pam Lee, Assistant City Attorney
PLANNING DIVISION STAFF
Jonathan Colin Rita Manibusan Karen Figueredo Octavio Silva
Director Manager Planning Associate Planning Associate
1
OPENING CEREMONIES
1. Call meeting to order.
2. Flag Salute.
3. Roll call of Commissioners.
4. Certification of Agenda Posting.
5. Minutes of Planning Commission Meeting:
November 9, 2010
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
CONTINUED PUBLIC HEARINGS
NONE
CONTINUED REGULAR AGENDA
8. Tentative Tract Map No. 2010 -02
•
APPLICANT: William Herd
2
Herd Real Estate Investment, LLC
12226 Santa Fe Avenue
APN 6168 - 017 -003
Proposal
The applicant is requesting to subdivide one (1) parcel into five (5) condominiums with a
common driveway. The subject property is currently developed with one (1) existing single -
family residence and a two -car garage near Santa Fe Avenue and four (4) new detached single
family condominiums, with attached two -car garages. The property is located at 12226 Santa
Fe Avenue in the R -3 (Multi - Family Residential) zone.
Recommendation
Staff recommends that the Planning Commission approve TTM No. 2010 -02, approving
Resolution No. 3276.
NEW REGULAR AGENDA
9. Variance No. 2011 -02
APPLICANT: Pedro Gonzalez
Proposal
The applicant is requesting to construct a new 1,953 square foot commercial building on a
vacant lot, Assessor's Parcel Number 6189 - 026 -053, which is located in the Heavy Commercial
(C -3) zone and has a General Plan designation of Commercial.
The applicant will be required to obtain a variance from the Lynwood Planning Commission in
order to construct the proposed project. The variance request includes a reduction in the
minimum project size from 10,000 square feet to 5,124 square feet; a reduction in the
minimum lot width from 100 feet to approximately 35 feet; and a reduction in the required
side yard setback from 10 feet to 5 feet, 10 inches
Recommendation
Staff recommends that the Planning Commission approve Resolution No. 3279, approving
Variance No. 2011 -01 as conditioned.
DISCUSSION ITEMS
NONE
COMMISSION ORALS
STAFF ORALS
3
ADJOURNMENT
Adjourn to the regular meeting of the Lynwood Planning Commission on March 8, 2011 at
6:00 p.m. in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California, 90262.
4
LYNWOOD PLANNING COMMISSION MEETING,
November 9, 2010
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 6:00 p.m.
Commissioner Younger led the flag salute.
Chair West requested the roll call.
Planning Associate Karen Figueredo called roll.
Commissioners Landeros, Younger, Wells and Chair West answered the roll call.
Chair West indicated that Commissioner Patel would be absent.
Also present were Planning Associate Karen Figueredo, Planning Associate
Octavio Silva, Development Services Manager Rita Manibusan, Public Works
Manager Elias Sailaki, Commission Counsel Pam Lee and Planning Intern Jaime
Pena.
Chair West inquired about the Agenda and whether it had been duly posted.
Planning Associate Figueredo indicated the Agenda had been duly posted.
Item #5 Minutes August 10, 2010
Chair West introduced Agenda Item #5, Minutes of the August 10, 2010,
Planning Commission Meeting and asked if there were any questions or revisions.
Motion by Commissioner Younger to approve the August 10, 2010 Minutes,
seconded by Commissioner Landeros.
Chair West requested the roll call.
Planning Associate Figueredo called roll, the minutes passed 4 -0.
ROLL CALL
AYES: YOUNGER, LANDEROS, WELLS & WEST
NOES: NONE
ABSENT: PATEL
1
Item #6: Swear in Speakers
City Clerk, Maria Quinonez, was present for the swearing in of speakers.
Item #7: Public Orals
NONE
NEW BUSINESS
NONE
CONTINUED PUBLIC HEARINGS
NONE
CONTINUED REGULAR AGENDA
NONE
NEW REGULAR AGENDA
Item # 8: Conditional Use Permit No. 2010 -04, Conditional
Use Permit No. 2010 -05, Tentative Parcel Mao No. 2010 -01,
Zone Change No. 2001 -01, General Plan Amendment No.
2010 -01 and Initial Study/ Negative Declaration
APPLICANT: K.L. Charles Architects (Fresh & Easy Neighborhood Market)
Southwest Corner of Long Beach Boulevard and Pluma
Street.
APN: 6170 - 034 -017, 6170 - 034 -018, 6170 - 034 -023, 6170-
034 -025, 6170 - 034 -026, 6170 - 034 -029, 6170 - 034 -030, &
6170- 034 -900
Proposal
Requesting approval of Conditional Use Permit No. 2010 -04 to construct a 10,581
square foot Fresh & Easy Neighborhood Supermarket with forty thre (43) parking
stalls, Condition al Use Permit No. 2010 -05 for a Type 20 Alcoholic Beverage
Control (ABC) license for the off-site sale of beer and wine, Tentative Parcel Map
No. 2010 -01, Zone Change No. 2010 -01, General Plan Amendment No. 2010 -01
to change existing zoning from R -3 (Multi - Family Residential) to C -2A (Medium
Commercial) zone and Initial Study /Negative Declaration. The property is
located on Long Beach Boulevard between Pluma Street and Norton Avenue in
the C -2A (Medium Commercial) and R -3 (Multi - Family) zones and within Village
II of the Long Beach Boulevard Specific Plan.
2
Recommendation
Staff recommends that the Planning Commission open the review period of the
Negative Declaration for the proposed construction of the Fresh and Easy
Neighborhood Market and continue Conditional Use Permit No. 2010 -04,
Conditional Use Permit No. 2010-05,. Tentative Tract Map No. 2010 -01, Zone
Change No. 2001 -01, General Plan Amendment No. 2010 -01 and Resolutions No.
3265, 3274, 3268, and 3267 pending Lynwood Redevelopment Agency
Disposition and Development Agreement (DDA) terms and conditions.
Planning Associate Figueredo introduced the item.
Vice Chair Wells questioned page 8 of the Initial Study, the "less than Significant"
traffic impact.
Public Works Manager Elias Sailaki responded and provided a brief description
between types of impacts.
Vice Chair Wells questioned if there actually were "no" impacts in section 9,
Hazards. She reffered to Section 3, page 6, Questioning Geological problems.
Public Works Manager Elias Sailaki continued to give a description on
determination of fault lines.
Chair West opened the review period and recommended continuance, so
ordered.
Item # 9: Conditional Use Permit No. 2009 -02 Modification
APPLICANT: Eric Newcombe, A & W Adult Resource Center
3598 Martin Luther King Jr Boulevard
APN: 6191-016-021
Proposal
Requesting approval of Conditional Use Permit (CUP) No. 2009 -02 -MOD to
modify existing CUP No. 2009 -02 in order to increase the number of program
participants form 75 to 95, to allow for male program participants and to
designate existing building entry at 3599 Norton Avenue as the primary
entrance. The subject proerty is located at 3598 Martin Luther King Jr.
Boulevard within the H -M -D (Hospital, Medical, Dental) zone.
Recommendation
Staff recommends that the Planning Commission approve Conditional Use Permit
No. 2009 -02 Modification and Resolution No. 3275.
3
Planning Associate Silva provided an introduction to the proposed Conditional
Use Permit Modification.
Chair West asked the Commissioners if there were any questions. Commissioner
Wells asked if the school had mentioned any concerns.
Planning Associate Silva responded that out reach was indeed done but resulted
in no response.
Commissioner Younger asked if the school is less than 300 feet away
Planning Associate Octavio Silva responded that the school was indeed closer
than 300 feet; therefore the applicant is requesting that the main entrance be
located on Norton Avenue.
Chair West asked why the state is enforcing this requirement, "entry point to
entry point" and "what is the impact to the city for the change of address."
Chair West opened up the item for public orals.
Micah Ali- 19319 Northwood Ave. Carson, Ca 90746. Thanked staff for their
work, noted his appreciation for the Commission and the City Council. He then
introduced their Architect.
Architect Ray Brown- 110 S. La Brea, Inglewood, Ca. Mr. Brown explained that
the entrance on Martin Luther King Jr. will be closed off. Entry on Norton
Avenue would be upgraded to accommodate wheelchair access.
Commissioner Younger questioned employment opportunites.
Micah Ali responded that there are 16 facility employees, of those 16, 4 -7 are
Lynwood residents. Micah Ali Also stated that Lynwood residents could be
employed at another location.
Chair West asked if the three conditions listed are the only conditions, referred to
continuous and random drug testing.
Micah Ali clarified for the chair and continued to correct his usage of the word
"continuous" for the word "Continual"
Commissioner Wells inquired about the process of separating a patient from the
center.
Micah Ali explained that they were not released without proper placement.
4
In reference to security concerns, Lieutenant Chavez of the Los Angeles County's
Sherriff's Department, explained that since 2009 only four incidents have been
called in, all were called in by the facility. Lt. Chavez continued to mention his
productive meeting with the facility where guidelines were set. One of those
guidelines would be to devise an emergency action plan, stating that the priority
is the safety of the community. There would also be no sex or violent offenders
allowed.
No further discussion from the public was heard.
•
Chair West inquired what would happen to the Conditional Use Permit
Modification if funding is not given.
Planning Associate Silva informed that if funding was not given the Conditional
Use Permit Modification would be void.
Commission Counsel Pam Lee informed that the applicant would have to come
back to the Commission every time.
Planning Associate Silva added that the condition of approval under the
Conditional Use Permit would have to be followed by the next applicant.
Commission Counsel Pam Lee informed that applicant could always seek funding
through another source. She also noted that original resolution from 1999 did
not address number of beds.
Commissioner Younger motioned to approve Conditional Use Permit No. 2009 -02
Modification, seconded by Commissioner Landeros.
Chair West requested roll call.
Planning Associate Figueredo called roll, the motion to approve passed 4 -0
ROLL CALL
AYES: YOUNGER, LANDEROS, WELLS & WEST
NOES: NONE
ABSENT: PATEL
RESOLUTION NO. 3275- A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL
USE PERMIT MODIFICATION NO. 2009 -02 -MOD FOR THE
MODIFICATION OF CONDITIONAL USE PERMIT NO. 2009 -02 AS IT
RELATES TO THE INCLUSION OF THE MALE GENDER AND INCREASE IN
NUMBER OF PROGRAM PARTICIAPANTS AND THE RELOCATION OF THE
5
BUSINESS ADDRESS FROM 3598 MARTIN LUTHER KING JR.
BOULEVARD TO 3599 NORTON AVENUE IN THE H -M -D (HOSPITAL,
MEDIDAL, DENTAL) ZONE, FURTHER DESCRIBED AS ASSESSOR'S
PARCEL NUMBER 6191 - 016 -021 CITY OF LYNWOOD, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA.
Item # 10: Tentative Tract Mao No. 2010 -02
APPLICANT: William Herd, Herd Rel Estate Investment, LLC
12226 Santa Fe Avenue
APN: 6168-017-003
Proposal
Requesting approval of Tentative Tract Map No. 2010 -02 to subdivide one (1)
parcel into five (5) lots with a common driveway. The subject property is
currently developed with one (1) existing single - family esidence anda a two -car
garage near Santa Fe Avenueand four (4) new detached residential
condominiums with attached two -car garages. The property is located at 12226
Santa Fe Avenue in the R -3 (Multi - Family Residential) zone.
Recommendation
Staff recommends that the Planning Commission continue Tentative Tract Map
No. 2010 -02 pending Los Angeles County Fire Department final.
Hearing no further discussion, Chair West moved for continuance, so ordered.
DISCUSSION ITEMS
Item # 11: Temporary Signs -Sian Walkers /Feather Banners
Applicant: City of Lynwood, Planning Commission
Proposal
The Planning Commission is proposing a review the Lynwood Municipal Code as
it pertains to sign walkers and feather banners.
Recommendation
Staff requests that the Planning Commission of the City of Lynwood review the
staff report as well as attached exhibits and provide staff with feed back
regarding the use of sign walkers and feather banners.
Planning Associate Silva introduced the item.
Commissioner Younger commented that he does not like the sign spinners.
6
Chair West indicated concerns with the obstruction of traffic due to sign spinners.
Commissioner Landeros asked if the subject had ever been brought up during
the "Councilman's Roundtable."
Vice Chair Wells responded that businesses have the right to attend the Planning
Commission meetings and provide input. Vice Chair Wells had issues with the
signs affixed to automobiles.
Commissoiner Younger added his issues with auto dealers that receive special
treatment with the feather signs mentioned in the report.
Vice Chair Wells is concerned with the number of signs, who is permitted, and
how many each business owner can have.
COMMISSIONER ORALS
Commissioner Younger thanked staff and added that he is glad we are back.
Vice Chair Wells thanked staff for the thorough reports. Vice Chair Wells
commented on the notice received on her door regarding curb painting.
Chair West thanked staff.
STAFF ORALS
NONE
ADJOURNMENT
It was moved by Commissioner Younger and seconded by Vice Chair Wells to
adjourn at 7:45 p.m. to the next regular meeting of the Lynwood Planning
Commission, in the City Hall Council Chambers, 11330 Bullis Road, Lynwood,
California, 90262.
I �
Kenneth West, Chair
Lynwood Planning Commission
I �
7
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Jonathan Colin, Director Pam Lee, City Attorney
Development Services Planning Commission Counsel
8
City qf YNWOOD
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1111
11330 BULLIS ROAD
LYNWOOD, CALIFORNIA 90262
(310) 603-0220
DATE: February 8, 2011
TO: Honorable Chair and Members of the Planning Commission
FROM: Jonathan Colin, Director of Development Services
Octavio Silva, Planning Associate
SUBJECT: 12226 Santa Fe Avenue
Tentative Tract Map No. 2010 -02
APN 6168 - 017 -003
APPLICANT: William Herd, Herd Real Estate Investment, LLC
PROPOSAL
The applicant is requesting to subdivide one (1) parcel into five (5) condominiums
with a common driveway. The subject property is currently developed with one (1)
existing single - family residence and a two -car garage near Santa Fe Avenue and
four (4) new detached single family condominiums, with attached two -car garages.
The property is located at 12226 Santa Fe Avenue in the R -3 (Multi - Family
Residential) zone.
BACKGROUND
The subject property totals 21,750 square feet in area and is located on the east
side of Santa Fe Avenue between El Segundo Boulevard and Carlin Avenue. The
property is a through -lot with frontage on both Santa Fe Avenue and Peach Street,
allowing access to the four (4) new residences from Peach Street.
On July 13, 2004 the Lynwood Planning Commission approved Conditional Use
Permit No. 2004 -17 (CUP) and Tentative Tract Map No. 2004 -04 (TTM) in
conjunction with Resolutions No. 3012 and 3013 (see Exhibit No. 1). The original
CUP approval permitted the construction of four (4) detached single family
condominiums, with attached two -car garages, with an existing residence to remain
t
on the parcel. The Tentative Tract Map approved the subdivision of air space for
the five (5) residential condominiums.
In 2009 the applicant, William Herd acquired the subject property through
foreclosure and found that the building permits, which authorized the residential
construction, had expired. Additionally, In September of 2010, the applicant was
informed that Tract Map No. 60989, which was issued under TTM No. 2004 -04 and
applied for by the original property owner, had expired. An applicant is given 24
months, after approval of the TTM to file the final tract map, pursuant to the
Subdivision Map Act and the Subdivision Regulations of the City of Lynwood. Since
the new property owner missed the filing deadline and did not submit a written
request to extend the original TTM No. 2004 -04, the applicant was directed to
resubmit for an application to complete the recordation process of the Final Map.
ANALYSIS & DISCUSSION
The subject property is currently developed as approved by CUP No. 2004 -17. On-
site parking conditions provide each residential unit on the property with a two (2)
car garage. In addition to the required garages, the property has been developed
with four (4) guest parking spaces in order to accommodate visitors and additional
guests to the property. The newly constructed residences are currently vacant
while building permits are being finalized and the Map is being processed. The
recordation process with the County of Los Angeles is approximately seven (7) to
eight (8) months to complete.
During the City's review of the proposal, the Los Angeles County Fire Department
determined that the project did not complete Conditions of Approval that were
originally included in CUP No. 2004 -04. The original property owner was required
by the Fire Department to install a new fire hydrant, conduct flow tests on existing
hydrants and finally to install fire sprinklers in two of the four newly constructed
residential units.
On November 9, 2010, the applicant's request was heard before the Planning
Commission and was continued in order to allow the applicant to comply with Los
Angeles County Fire Department Conditions of Approval. The applicant completed
Fire Department requirements and obtained clearance for public hearing before the
Planning Commission.
ENVIRONMENTAL ASSESSMENT
The Development Services Department has determined that proposed project is
categorically exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303(b) for new construction or conversion of small structures
designed for not more than six dwelling units.
2
RECOMMENDATION
Staff recommends that the Planning Commission approve TTM No. 2010 -02,
approving Resolution No. 3276.
Project Profile
Location Map
Exhibit No. 1- Existing Resolutions 3012 & 3013
Resolution No. 3276
Plans
3
PROJECT PROFILE
Tentative Tract Map No. 2010 -02
12226 Santa Fe Avenue
Assessor Parcel Number: 6168 - 017 -003
1. Source and Authority
The subdivision meets all the applicable requirements and conditions imposed
by the State Subdivision Map Act and the Subdivision Regulation of the
Lynwood Municipal Code (LMC) Chapter 24.
2. Property, Location and Size
The subject property totals 21,750 square feet in area and is located on the
east side of Santa Fe Avenue between El Segundo Boulevard and Carlin
Avenue, on a through -lot with access on Peach Street. The subject property
is improved with an existing single - family residence and four (4) new one -
story, detached single - family residences with attached two -car garages.
3. Existing Land Uses
Site Developed
North: Multi - Family Residential
South: Multi - Family Residential
West: City of Compton, Commercial /Industrial Use
East: Multi - Family Residential
4. Land Use Designation
The subject parcel has a General Plan designation of Mufti-Family Residential,
which is consistent with the R -3 (Multi - Family Residential) zoning. The
adjacent properties General Plan and Zoning designations are as follows:
Site General Plan Zoning
North: Multi - Family Residential R -3 (Multi - Family Residential)
South: Multi - Family Residential R -3 (Multi - Family Residential)
West: City of Compton City of Compton
East: Multi- Family Residential R -3 (Multi - Family Residential)
5. Site Plan Review
The Site Plan Review Committee has reviewed the project and recommended
approval subject to conditions of approval set forth in Resolution No. 3276
6. Code Enforcement History
4
Officer Winbush currently has an open case to finalize Building Permit No. B-
00067, B- 000678, B-000679, B-000680 and B- 000681.
7. Public Response
II None on record at the time of this report.
■
5
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LOCATION MAP
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SITE ADDRESS: 12226 Santa Fe Avenue
APN: 6168 - 017 -003
CASE NO.: TIN NO. 2010 -02
APPLICANT: William Herd, Herd Real Estate Investment,
LLC
6
RESOLUTION 3012
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LYNWOOD APPROVING TENTATIVE
TRACT MAP NO. 2004 -04 (60989), SUBDIVIDING THE
MR SPACE FOR FIVE (5) RESIDENTIAL
CONDOMINIUMS ON ONE (1) LOT FOR PROPERTY
LOCATED AT 12226 SANTA FE AVENUE, IN THE R -3
(MULTIPLE- FAMILY RESIDENTIAL) ZONE, FURTHER
DESCRIBED AS ASSESSOR PARCEL NUMBER 6168-
017 -9003, CITY OF LYNWOOD, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA.
WHEREAS, the Planning Commission of the City of Lynwood pursuant to
law, on July 13, 2004 conducted a public hearing on the subject Tentative Tract 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 15303(b); 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 subdivision meets all the applicable requirements and conditions
required by the State Subdivision Map Act and the Subdivision
Regulations of the Lynwood Municipal Code, Chapter 24 and Section 25-
18.
B. The proposed subdivision 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.
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 Tract Map No. 2004 -04 (60989)
subject to the following conditions:
DEVELOPMENT SERVICES DEPARTMENT
1. The applicant shall meet the requirements set forth in the Lynwood Municipal
Code, the Califomia Building Code, the Los Angeles County Fire Code and
requirements of all other City Departments.
2. The applicant, or his /her representative, shall sign a Statement of Acceptance
stating that he /her has read, understands and agrees to the conditions imposed
by the Planning Commission, before any building permits are issued.
H \WORDFlLEWLANNMl
Exhibit No.1 of 1
PLANNING DIVISION
3. Within twenty-four (24) months after approval of the Tentative Tract Map, the
subdivider shall file with the City of Lynwood, a Final Map in substantial
conformance with the Tentative Tract Map, as conditionally approved, and in
conformance with the Subdivision Map Act and the Subdivision Regulations of
the City of Lynwood.
4. No certificates of occupancy shall be issued prior to recordation of the Final
Tract Map approved by the City of Lynwood.
5. The Tentative Tract Map shall be filed with the City Engineer, Department of
Environmental Services of the City of Lynwood.
DEPARTMENT OF ENVIRONMENTAL SERVICES
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
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 grading plan signed by a registered Civil Engineer shall be submitted for the
approval of the Director of Environmental Services /City Engineer The grading
plan shall include topography of all contiguous properties and streets and shall
provide for the methods of drainage in accordance with all applicable City
standards. Retaining walls and other protective measures may be required.
10. The development shall be provided with public sewers. Connect to public
sewer Provide laterals as necessary Provide laterals as necessary Design of all
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
Dedicate a sixteen feet (16') wide strip of property along Peach Street.
13. Design, configuration and locations of sidewalks shall be subject to the approval
of the Director of Environmental Services /City Engineer, and the Special
Assistant 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 Community Developer
15. The Developer shall install all public improvements, as required by the Director
of Environmental Services /City Engineer prior to issuance of any occupancy
permits for this development. Public Improvements shall include but are not
limited to:
a) Reconstruct damaged sidewalk, curb and gutter and required pavement
along Santa Fe Avenue.
b) Close existing drive approach(es) and construct proposed drive
approach(es) per APWA standards.
c) Construct full width sidewalk along Peach Street.
d) Construct new drive approach(es) and required pavement along Santa Fe
Avenue.
HIWORDFlLEIPLANNING R ES054es i01L daa 3
e) Install two (2) 24" box street trees per APWA standard plans along Santa
Fe Avenue.
f) Regrade parkway and landscape with grass.
g) Provide and install one (1) marbelite street pole with light fixture,
underground services and conduit along Peach Street.
h) Widen Peach Street by eight feet six inches (8' -6 "), grind and overlay
1 minimum from edge of gutter to edge of gutter Plan shall be
reviewed and approved by the City
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 SAEFTY 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 —1999 edition;
The National Electrical Code — 2001 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 Access shall comply with Section 902 of the Fire Code, which requires all
weather access. All weather access may require paving.
18. Fire Department access shall be extended to within 150 feet distance of any
exterior portion of all structures.
19. Private driveways shall be indicated on the final map as "Private Driveway and
Firelane" with the widths clearly depicted and shall be maintained in accordance
with the Fire Code. All required fire hydrants shall be installed, tested and
accepted prior to construction.
4
20. Vehicular access must 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.
21. Provide Fire Department or City approved street signs and building access
numbers prior to occupancy.
WATER SYSTEM REOUIREMENTS- INCORPORATED
22. Provide water mains, fire hydrants and fire as required by the County of Los
Angeles Fire Department, for all land shown on map which shall be recorded.
23. The required fire flow for public fire hydrants at this location is 1,250 gallons
per minute at 20 psi for a duration of 2 hours, over and above maximum daily
domestic demand. One (1) Hydrant flowing simultaneously may be used to
achieve the required fire flow.
24. Fire hydrant requirements are as follows:
Install public fire hydrant(s). Upgrade / Verify one (1) exisiting Public fire
hydrant.
Install private on -site fire hydrant(s).
25. All hydrants shall measures 6 "x4 "x2 -1/2" brass or bronze, conforming to
current AWWA standards C503 or approved equal. All on -site hydrants shall be
installed a minimum of 25' feet from a structure or protected by a two (2) hour
rated firewall.
Location: As per map on file with the office.
Other location: At the intersection of Femwood Avenue and Birch Street.
26. All required fire hydrants shall be installed, tested and accepted or bonded for
prior to Final Map approval. Vehicular access must be provided and maintained
serviceable throughout construction.
27 Upgrade not necessary, if existing hydrant(s) meet(s) fire flow requirements.
Section 3. A copy of this resolution shall be delivered to the applicant.
11 WORDFILEWtANNING1RESOSVeso301?a doc 5
I I
APPROVED and ADOPTED this 13 day of July, 2004, by members of the
Planning Commission voting as follows:
AYES: Commissioner(s): Araujo, Dove, Gomez, Morton, and Patel
NOES: None
ABSENT: Commissioner(s): Abarca and Reed
ABSTAIN: None
Donald Dove, Chairman
Lynwood Planning Commission
APPROVED AS • CONTENT APPRO ED AS a RM:
Grant Taylor, Dir of Jeriirif: r iztabi, City Attorney
Development Services Planni g Commission Counsel
6
RESOLUTION 3013
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LYNWOOD APPROVING CONDITIONAL
USE PERMIT NO. 2004 -17, PERMITTING THE
CONSTRUCTION OF FOUR (4) DETACHED
RESIDENCES, ONE -STORY IN HEIGHT, WITH FIVE (5)
ATTACHED TWO -CAR GARAGES. THE EXISTING
RESIDENCE NEAR SANTA FE AVENUE WOULD
REMAIN. THE PROPERTY IS LOCATED AT 12226
SANTA FE AVENUE, IN THE R -3 (MULTIPLE- FAMILY
RESIDENTIAL) ZONE, FURTHER DESCRIBED AS
ASSESSOR PARCEL NUMBER 6168- 017 -003, CITY OF
LYNWOOD, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA.
WHEREAS, the Lynwood Planning Commission, pursuant to law, on July 13, 2004
conducted a public hearing on the subject application; 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(b), therefore;
Section 1. The Planning Commission of the City of Lynwood hereby finds and
determines as follows:
A. The granting of the proposed conditional use permit will not adversely affect
the comprehensive General Plan. The project is consistent with the Multi-
Family Residential Designation on the Lynwood General Plan Land Use Map.
B. That the proposed location of the conditional use is in accord with the
objectives of the Zoning Ordinance and the purpose of the zone in which
the site in located. The project and the R -3 zoning are consistent with
density and development standards set forth in Multiple - Family Residential
zone.
C. That the proposed location of the conditional use and the conditions under
which it would be operated or maintained will not be detrimental to the
public health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity Conditions of approval are incorporated into
the project to reduce potential impacts to a level of insignificance.
D. That the proposed conditional use will comply with each of the applicable
provisions of Chapter 25 of the Lynwood Municipal Code, except for
approved variances. The project complies with all development standards
set forth in the R -3 zone. No variances are necessary
Section 2. The Planning Commission of the City of Lynwood hereby approves
Conditional Use Permit No. 2004 -17, subject to all conditions of approval set forth as
follows:
°° °R° °.,°.,.,NN,N,° Exhibit No.1 of 2
CONDITIONS OF APPROVAL
DEVELOPMENT SERVICES DEPARTMENT
1. The conditional use must be acted upon or substantial progress observed within one
hundred eighty (180) days of approval otherwise such approval is null and void. One
(1) extension of ninety (90) days 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, Planning Division.
2. The development shall comply with all applicable regulations of the Lynwood
Municipal Code, the Califomia Building Code and the Los Angeles County Fire Code
and shall be developed in substantial compliance with approved plans on file with
the Development Services Department, Planning Division dated July 13, 2004.
3. The applicant shall meet the requirements of all other City Departments to include
but not be limited to Building & Safety, Environmental Services, Redevelopment
and Code Enforcement.
4. Any proposed subsequent modification of the subject site or structures thereon,
shall be fi rst reported to the Development Services Department, Planning Division,
for review of said modifications.
5. The applicant and /or his representative shall sign a Statement of Acceptance
stating that he /she has read, understands, and agrees to all conditions of this
resolution prior to issuance of any building permits.
6. The conditions of approval shall be printed on the cover page of the plans prior to
submission to the Building and Safety Division for plan check.
PLANNING DIVISION
7. Landscaped areas shall consist of a minimum of thirty-five (35 %) percent of the
gross lot area for each parcel. The required front, rear, and side yards shall be
landscaped and shall consist predominately of plant materials except for necessary
walks, drives and fences. Landscaping and permanent irrigation systems shall be
installed in accordance with detailed plans to be submitted and approved by the
Planning Division prior to issuance of any building permits. The front setback area
shall consist of rolled turf.
8. A six (6') foot high solid and sight - obscuring fence shall be installed around the
perimeter of the property, except within the twenty-foot (20') front yard setback
areas. Front yard fences (Santa Fe and Peach) may be permitted not exceeding
four feet (4') in height and constructed of open wrought iron or wrought iron with
block pilasters subject to approval of plans and issuance of a fence permit.
9. Prior to any building permits being issued, the developer shall pay $2.24 per
square foot for residential buildings to the Lynwood Unified School District,
pursuant to State Law.
10. All driveways, access ways and parking areas shall be permanently paved and
maintained. Such vehicle access and parking areas shall remain clear and
available for vehicle access and parking at all times.
11. Acoustical construction materials shall be used throughout the units to mitigate
exterior noise in compliance with the Lynwood Municipal Code.
H IWI IIUJHIJ111 NNINC\III SIISauo➢Il a J(. 2
12. The roof materials shall consist of non - reflective materials of concrete tile, Spanish
tile, Arc 80 or equivalent as approved by the Development Services Department.
13. Air conditioners, heating, cooling ventilation equipment, swimming pool pumps and
heaters and all other mechanical devices shall be located within the rear yard or
side yards. Such equipment shall be screened from surrounding properties and
streets and operated so that they do not disturb the peace, quiet and comfort of
neighboring residents, in accordance with the City's Noise Ordinance.
14. The applicant shall contact utility companies including Southern California Edison
to ascertain easements and /or covenants present on the subject properties. Any
such easements and /or covenants shall be recorded on the Final Tract Map.
15. Front elevations of residences facing Santa Fe Avenue and Peach Street shall have
superior architectural design with varying building lines and construction materials.
16. This conditional use permit is subject to approval of Tentative Parcel Map No.
2004 -04 (60989) and all conditions set forth therein.
17 The applicant shall provide a minimum of one hundred fifty (150) feet of private
open space per each residence.
18. The applicant shall provide a minimum of two hundred (200) cubic feet of private
storage space for the sole use of each unit owner.
19 The applicant shall comply with all utility standards set forth in Lynwood Municipal
Code Section 25 -5.e.
20. Prior to the issuance of building permits, the applicant shall prepare and submit a
"Declaration of Covenants, Conditions and Restrictions" relating to assignement,
management and maintenance of the common areas and facilities.
DEPARTMENT QE _ENVIRONMENTAL SERVICES /ENGINEERING
21. Submission and recordation of a Tract Map is required. Certificates of occupancy
will not be issued prior to the recordation of a subdivision map.
22. Dedicate a sixteen feet (16') wide strip of property along Peach Street fronting the
property site.
23. Submit a grading plan prepared and signed by a registered Civil Engineer. Grading
plan will be checked by the Department of Environmental Services. No building
permits will be issued prior to the approval of grading plan by the City Engineer
24. Construct full width sidewalk on Peach Street.
25. Construct new drive approach(es) per APWA standards.
' I
26. Close existing drive approach(es) and construct proposed drive approach(es) per
APWA standards.
N (W(1R1)1111111 ANNIN(ARI 111to101le 3
27 Connect to P ublic sewer. Each building shall be connected separately Construct
laterals as necessary When connecting to an existing lateral, a City approved
contractor shall verify the size of such laterals and provide proof of its integrity by
providing a videotape of the lateral to the Department of Environmental
Services /Engineering Division.
28. Install two (2) 24" box street trees per APWA standards along Santa Fe 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.
29. Regrade parkway and landscape with grass.
30. Provide and install one (1) marbelite street pole with light fixture, underground
services and conduits along Peach Street.
31. Underground all new utilities.
32. A permit from the Engineering Division is required for all off -site improvements.
33. All required water meters, meter service changes and /or fire protection lines shall
be installed by the developer The work shall be performed by a licensed
contractor hired by the developer. The contactor must obtain a permit from the
Public Works/ Engineering Division prior to performing any work. Each building
shall have its own water service /meter
34. Widen Peach Street by eight feet six inches (8' -6"); grind and overlay 1 1/2"
minimum from edge of gutter to edge of gutter Street widening plan shall be
reviewed and approved by the City.
BUILDING AND SAFETY DIVISION
35. All construction shall meet or exceed the minimum building standards that are
referenced in the following codes.
> The Uniform Building Code- 2001 edition;
i The Uniform plumbing Code- 2001 edition;
> The Uniform Mechanical Code- 2001 edition
> The Los Angeles County Fire Code — 1999 edition;
The Nation Electric Code — 2001 edition;
All as amended by the California Building Code.
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.
LOS ANGELES COUNTY FIRE DEPARTMENT
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.
14 WIINITI 1 IIIX NNINIiIILSIIS4 ,1tll is MC 4
APPROVED AND ADOPTED this 13 day of July, 2004, by members of the Planning
Commission, voting as follows:
AYES: Commissioner(s): Araujo, Dove, Gomez, Morton, and Patel
NOES: None
ABSENT: Commissioner(s): Abarca and Reed
ABSTAIN: None
��\ ��
Donald Dove, Chairman
-
Lynwood Planning Commission
APPROVED AS TO CONTENT: APPRnVED AS TO FORM:
r m
Grant Taylor, Di - .r of !!!r' M' ahir 1-p. City Attomey
Development Services Plann- g Com "ss .n Counsel
I I
H IWIINHI II IAN A NNINIIRISOW&io1Ind
5
RESOLUTION NO. 3276
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LYNWOOD APPROVING TENTATIVE TRACT MAP
NO. 2010 -02 (60989) TO SUBDIVIDE THE AIRSPACE ON
ONE (1) PARCEL INTO FIVE (5) SINGLE - FAMILY
CONDOMINUMUMS AND A COMMON DRIVEWAY ON THE
PROPERTY LOCATED AT 12226 SANTA FE AVENUE,
ASSESSOR PARCEL NUMBER 6168 - 017 -003, IN THE R -3
(MULTIPLE- FAMILY RESIDENTIAL) ZONE, CITY OF
LYNWOOD, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA.
WHEREAS, the Lynwood Planning Commission, pursuant to law, on November 9,
2010 conducted a public hearing and continued the item; and
WHEREAS, the Lynwood Planning Commission, pursuant to law, on January 11,
2011 conducted a public hearing; and
WHEREAS, the Planning Commission passed Tentative Tract Map No. 2004 -04 and
Resolution No. 3012 dated July 13, 2004, and categorically exempt from the California
Environmental Quality Act (CEQA) Guidelines pursuant to Section 15303(b) for new
construction or conversion of small structures designed for not more than six dwelling units;
and
WHEREAS, the Planning Commission considered all pertinent testimony offered at
the public hearing.
Section 1. The Lynwood Planning Commission hereby finds and determines as
follows:
A. The subdivision meets all the applicable requirements and conditions
imposed by the State Subdivision Map Act and the Subdivision
Regulation of the Lynwood Municipal Code.
The Lynwood Municipal Code allows a maximum density of eighteen (18) units
per acre or one (1) unit per 2,420 square feet of property area within the R -3
(Multi - family Residential) zone. The property is sufficient in size to accommodate
the existing five (5) residential units.
B. The proposed subdivision of lots is consistent with the applicable
elements of the General Plan and the Official Zoning Ordinance of the
City of Lynwood.
1
The subdivision of the parcel meets the zoning requirements of the current zoning
designation of R -3 (Multi - family Residential) as well as the City's General Plan,
and no variance is required.
C. Proper and reasonable provisions have been made for adequate ingress
and egress to the subdivided lots.
A common driveway on provides access to each of the four (4) new units, and
separate access to existing residence, which remain on parcel.
Section 2. The Lynwood Planning Commission hereby approves the Tentative
Tract Map No. 2010 -02 (60989) to subdivide property located at 12226 Santa Fe
Avenue for five (5) single - family condominiums subject to the following conditions:
DEVELOPMENT SERVICES DEPARTMENT
1. Applicant shall meet the requirements of all other City Departments to include
Planning, Building & Safety, Public Works, Code Enforcement and Fire.
2. 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.
3. Applicant, or his representative, shall sign a Statement of Acceptance stating that
he /she has read, understands, and agrees to the conditions imposed by the Planning
Commission, before any building permits are issued.
4. The Applicant shall agree to defend at his sole expense any action brought
against the City, its agents, officers, or employees, because of the issuance
of this approval. The Applicant shall reimburse and indemnify the City, its
agents, officers or employees for any award, court costs, and attorney's
fees which the City, its agents, officers, or employees may be required to
pay as a result of such action. The City may, at its sole discretion,
participate at its own expense in the defense of any such action, but such
participation shall not relieve Applicant of his obligations under this
condition.
PLANNING DIVISION
5. Within twenty-four (24) months, after approval or conditional approval of the
Tentative Tract Map, Applicant shall file with the City of Lynwood, a Final Tract Map
in substantial conformance with the Tentative Tract Map and Conditional approval,
2
and in conformance with the Subdivision Map Act and the Subdivision Regulations of
the City of Lynwood.
6. No certificates of occupancy shall be issued prior to recordation of the Final Tract
Map approved by the City of Lynwood.
7. A written request for a new address and associated fee shall be submitted to the
Planning Division prior to Building Plan Check.
8. Address numbers for tenant space shall be maintained at all times. Such address
numbers shall be subject to approval of the Los Angeles County Fire Department.
9. The applicant shall maintain a pro - active approach to the elimination of graffiti from
the structures, fences and accessory buildings, on a daily basis. Graffiti shall be
removed within twenty-four (24) hours.
10. The Tentative Tract Map shall be file with the City Engineer, Department of
Environmental Services of the City of Lynwood.
11. Extension of the Tentative Tract Map approval shall only be considered if Applicant or
his /her representative, submits a written request for extension to the Development
Services Department stating the reasons for the request, at least thirty (30) days
before map approval is due to expire, pursuant to, and in compliance with, Section
25 -18, of the subdivision regulations of the City of Lynwood.
BUILDING DIVISION
12. All construction shall meet or exceed the minimum building standards that are
referenced in the following codes.
• The California Building Code - 2007 edition;
• The California Plumbing Code - 2007 edition;
• The California Mechanical Code - 2007 edition;
• The Los Angeles County Fire Code — 2007 edition;
• The National Electrical Code — 2005 edition;
All as amended by the California Building Code of 2007.
In cases where the provisions of the California Building Code, the City of Lynwood
Municipal Code, or the plans or specifications in these plans may conflict, the more
restrictive provisions shall govern.
3
CODE ENFORCEMENT DIVISION
13. The applicant shall resolve all existing violations and finalize open Permit No. B-
000677, 6- 000678, B- 000679, B- 000680 and 6- 000681.
LOS ANGELES COUNTY FIRE DEPARTMENT
14. Access shall comply with Section 902 of the Fire Code, which requires weather
access. All weather access may require paving.
15. Fire Department Access shall be extended to within 150 feet distance of any exterior
portion of all structures.
16. Private driveways shall be indicated on the final map as "Private Driveway and Fire
lane" with the widths clearly depicted and shall be maintained in accordance with the
Fire Code. All required fire hydrants shall be installed, tested and accepted prior to
construction.
17. Vehicular access must 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.
18. Submit three copies of the Final Map to the LACoFD, Fire Prevention, Land
Development review prior to recordation.
19. Additional water system requirements will be required when this land is further
subdivided and /or during the building permit 9 9P process.
p
20. The applicant shall comply with all code requirements and conditions set forth by the
Los Angeles County Fire Department, Fire Prevention Division, 5823 Rickenbacker
Road, Commerce, CA 90040, or contact them at (323) 890 -4243. Final approvals
from the Los Angeles County Fire Department must be obtained prior to
final.
Section 3. A copy of Resolution No. 3276 and its conditions shall be delivered to the
Applicant.
4
APPROVED AND ADOPTED this 8th day of February, 2011, by members of the
Planning Commission, voting as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
Kenneth West, Chairman
Lynwood Planning Commission
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Jonathan Colin, Director Pam Lee, City Attorney
Development Services Department Planning Commission Counsel
5
City � YNWOOD maw
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LA Ng ,Meeting CIIaQQenges 9 g 11 g 1
11330 BULLIS ROAD
" J LYNWOOD, CALIFORNIA 90262
(3 603-0220
DATE: February 8, 2011
TO: Honorable Chair and Members of the Planning Commission
FROM: Jonathan Colin, Director of Development Services
Octavio Silva, Planning Associate
SUBJECT: Variance No. 2011 -01
Assessor's Parcel Number: 6189 - 026 -053
APPLICANT: Pedro Gonazalez
PROPOSAL
The applicant is requesting to construct a new 1,953 square foot commercial
building on a vacant lot, Assessor's Parcel Number 6189 - 026 -053, which is located
in the Heavy Commercial (C -3) zone and has a General Plan designation of
Commercial.
The applicant will be required to obtain a variance from the Lynwood Planning
Commission in order to construct the proposed project. The variance request
includes a reduction in the minimum project size from 10,000 square feet to 5,124
• square feet; a reduction in the minimum lot width from 100 feet to approximately
35 feet; and a reduction in the required side yard setback from 10 feet to 5 feet, 10
inches.
BACKGROUND
On July 10, 2007 the applicant obtained approval of Conditional Use Permit (CUP)
No. 2007 -12 and Variance No. 2007 -04 (see Exhibits No. 1 and 2) from the
Lynwood Planning Commission to construct a similar proposal on the subject
property. Due to development inactivity on the part of the applicant, City approvals
became null and void on July 10, 2008.
1
On January 26, 2011, the applicant's proposal was scheduled to be heard before
the City of Lynwood's Design Review Board (DRB) & Parking and Business
Improvement District Advisory Board (PBIDAB). The DRB & PBIDAB meeting was
canceled due to a lack of quorum.
ANALYSIS & DISCUSSION
Section 25 -135 of the Lynwood Municipal Code (LMC) provides the variance
procedure in which an applicant can be granted relief from zoning provisions when,
because of special circumstances applicable to a property including size, shape,
topography, location, or surroundings, the strict application of the zoning code
would deprive a property of privileges enjoyed by other properties in the vicinity
and under the identical zoning classification.
Section 25 -25-4 of the LMC provides basic development standards for commercial
properties relating to setbacks, maximum heights, landscaping, minimum project
sizes, and lot dimensions.
Although the subject property is located in the Heavy Commercial (C -3) zone, it
faces a number of physical site constraints such as lot size, shape and location that
prevent it from meeting basic development standards for the C -3 zone. The
subject property is a corner lot located on the northeast corner of Atlantic Avenue
and Fernwood Avenue. Existing land uses surrounding the subject property include
a residence to the west, the 105 Freeway to the south and commercial buildings to
the north and east of the subject property. Given its location and the existing built
environment, the subject property can not expand in size in order to meet basic
development standards. Due to these special circumstances, the applicant has
applied for a variance.
The applicant's request to construct a new commercial building on the subject
property requires that the applicant obtain a variance from three specific
development standards:
1) A reduction in the minimum project size from 10,000 square feet to 5,124
square feet.
2) A reduction in the minimum lot width from 100 feet to approximately 35
feet.
3) A reduction in the required side yard setback from 10 feet to 5 feet, 10
inches.
While the subject property faces a number of site constraints, the applicant has
attempted to maximize the quality of the project. The building and site design have
been updated from the original applicant's proposal. With regards to building
design, the applicant is requesting to construct a 23 foot high contemporary
2
building, which contains a 488 square foot storage mezzanine. The proposed
building elevations depict the use of decorative architectural materials including
cultured stone, molding and stucco. The current building design provides an
articulated roof design and includes the use of durable terracotta roof tiles.
Additionally, the window area along the front elevation of the building has been
increased in order to create a strong store -front presence.
The current site design depicts the building to be placed at the front of the subject
property, which is consistent with existing building settings along Atlantic Avenue.
The proposed site design includes 4 off -street parking spaces and 1 handicap
accessible stall at the rear of the building. Vehicle access to the subject property
would be provided on Fernwood Avenue. The location of the trash enclosure will be
screened within the building footprint.
The applicant proposes to provide approximately 660 square feet of landscaping,
which is almost double the amount required by the Lynwood Municipal Code (LMC).
The landscape plan depicts a variety of plant types including shrubs, perennials and
ground cover. A 5 foot, 10 inch side yard setback has been provided along
Fernwood Avenue in order to provide landscaping and soften the building's south
elevation.
REOUIRED FINDINGS
Section 25.135.060 of the LMC sets forth six (6) findings that the
Planning Commission must make in order 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 subject property experiences exceptional circumstances related to its
substandard lot size, lot dimension and location. Due to its corner
location, the subject property cannot expand its size into the public right-
of -way or expand into adjacent built -out properties. Without a variance,
the subject property cannot be developed.
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.
The applicant's variance request is necessary for the preservation and
enjoyment of substantial property rights possessed by other properties in
3
the vicinity and zone because while other properties similarly zoned meet
the development standards, the subject property currently fails to meet
the development standards, due to its substandard lot size, shape and
location. If the property is not developed, it would remain a vacant dirt
lot that provides no economical benefit to the applicant and would serve
as a source of blight for the City of Lynwood.
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.
The applicant's proposal to construct a 1,953 square foot commercial
building will not be detrimental to the public welfare or injurious to
properties or improvements in the vicinity because the variance will allow
the subject property to be developed as any other similarly zoned
property, the development is similar to current uses surrounding the
subject property, and the proposed construction will meet current building
code requirements and as well as be inspected by the City's building
inspector.
D. That in granting the variance, the spirit and intent of this Zoning
Code will be observed.
The granting of the applicant's variance request observes the spirit and
intent of the zoning code in that the applicant is proposing to construct a
commercial building that would be utilized by an appliance retail and
repair use, which is a business that is consistent with the current zoning
and Appendix A of the LMC.
E. That the Variance does not grant special privilege to the
applicant.
The variance request does not grant special privilege to the applicant
because the subject property has substandard lot size, shape and location
compared with other similarly zoned properties, and the applicant is
required to comply with all applicable zoning and building regulations, as
well as with the policies and goals established by the City's General Plan.
F. That the Variance request is consistent with the General Plan of
the City of Lynwood.
The subject property has a General Plan designation of Commercial. The
applicant is proposing to construct a commercial building in order to
operate a retail business. Additionally, the applicant's proposal is
4
consistent with Goal No. 1 of the Community Design Element located in
the City's General Plan. Goal No. 1 indicates that the City should
encourage physical development which enhances the positive image of
the City as a balanced residential community indicative of its "All America
City" status.
ENVIRONMENTAL ASSESSMENT
The Development Services Department has determined that proposed project is
categorically exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303(c) (New Construction or Conversion of Small
Structures), as the proposed project is a commercial building not exceeding 10,000
square feet in floor area on a site zoned for such use.
RECOMMENDATION
Staff recommends that the Planning Commission approve Resolution No. 3279,
approving Variance No. 2011 -01 as conditioned.
Project Profile
Location Map
Exhibit No. 1- Resolution No. 3184
Exhibit No. 2- Resolution No. 3185
Resolution No. 3279
Plans
5
PROJECT PROFILE
Variance No. 2011 -01
Assessor Parcel Number: 6189 - 026 -053
1. Source and Authority
The findings required in order to make a major variance determination are
located in Chapter 25 of The Lynwood Municipal Code within Article 135.
2. Property, Location and Size
The subject property is approximately 5,124 sq. ft. and is currently a vacant
lot on the south east corner of Atlantic Avenue and Fernwood Avenue.
3. Existing Land Uses
Site Developed
North: Commercial
South: Freeway
West: Commercial
East: Residential
4. Land Use Designation
The subject parcel has a General Plan designation of Commercial, which is
consistent with the C -3 (Heavy Commercial) zone. The adjacent properties
General Plan and Zoning designations are as follows:
Site General Plan Zoning
North: Commercial C -3 (Heavy Commercial)
South: Commercial C -3 (Heavy Commercial)
West: Commercial C -3 (Heavy Commercial)
East: Multi- Family Residential R -3 (Multi - Family Residential)
5. Site Plan Review
The Site Plan Review Committee has reviewed the project.
6. Code Enforcement History
None on record at the time of this report.
7. Public Response
None on record at the time of this report.
6
LOCATION MAP
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APN: 6189 - 026 -053
CASE NO.: Variance No. 2011 -01
APPLICANT: Pedro Gonzalez
7
RESOLUTION 3184
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LYNWOOD APPROVING CONDITIONAL
USE PERMIT NO. 2007 -12, TO CONSTRUCT A
COMMERCIAL BUILDING, ONE -STORY IN HEIGHT
ON PROPERTY LOCATED AT 11694 ATLANTIC
AVENUE, ASSESSOR PARCEL NUMBER 6189 - 026 -053,
IN THE C -3 (HEAVY COMMERCIAL) ZONE, CITY OF
LYNWOOD, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA.
WHEREAS, the Lynwood Planning Commission, pursuant to law, on June 12, 2007
conducted a public hearing and continued the item;
WHEREAS, the Lynwood Planning Commission, pursuant to law, on July 10, 2007
conducted a public hearing; 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 provisions set forth in the California Environmental Quality
Act (CEQA) Guidelines pursuant to Section 15303(c); therefore
Section 1. The Lynwood 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 Commercial and is
consistent with the C -3 zoning designation. The project is consistent with the
General Plan policies and goals.
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,
building, or structures;
The project would be consistent with the C -3 zone pertaining to density and
would satisfy all development standards to include but not be limited to setbacks,
building height, landscaping and parking.
Exhibit No.1
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 house the proposed new structures consistent
with the C -3 zone specifications.
D. That the proposed conditional use complies with all applicable
development standards of the zoning district; and
The project would comply with all development standards set forth in the LMC.
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.
Section 2. The Lynwood Planning Commission hereby approves Conditional Use
Permit No. 2007 -12, 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. All appeals must be brought within ten (10) working days of the date of the final
action by the Development Services Director, or Planning Commission.
3. 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.
4. The project shall be developed in accordance with the plans approved by the
Lynwood Planning Commission and on file in the Development service
Department, Planning Division.
5. 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.
2
6. The property owner or his /her representative, shall sign a Statement of
Acceptance stating that he /she has read, understands, and agrees to all conditions
of this resolution prior to submission to the Building and Safety Division for plan
check.
7. Conditions of approval shall be printed on plans (cover sheet) prior to submission
to the Building and Safety Division for plan check.
PLANNING DIVISION
8. Six (6) parking stalls shall be provided measuring 9' by 20' each.
9. Landscaping shall be a minimum of seven (7 %) of the lot area. Such landscaping
shall include a permanent irrigation system.
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 plants /vegetation except for necessary walkways, driveways and
fences.
12. A six foot high solid and sight obscuring block fence shall be installed on the north
and east side of the property.
13. Structure shall have one foot rear setback and creeping fig plant to control graffiti.
14. No fence or wall shall be constructed until a permit is obtained from the Planning
Division. Block walls require a building permit.
15. Structures shall consist of non - reflective materials to include brick, stucco, wood,
metal, concrete, or other similar materials.
16. The roof shall be constructed with a non - reflective material of concrete tile,
Spanish tile, ARC 80 or equivalent subject to review by the Planning Commission.
17. All driveways shall be permanently paved, maintained and remain clear and
accessible for vehicle access at all times.
i
3
18. Acoustical construction materials shall be used throughout the units to mitigate
exterior noise to the standards and satisfaction of the Building and Safety Division.
19. Air conditioners, heating, cooling ventilation equipment, swimming pool pumps
and heaters and all other mechanical devices shall be located within the rear yard
or side yards and shall meet required setbacks. Such equipment shall be screened
from surrounding properties and streets and operated so that they do not disturb
the peace, quiet and comfort of the neighboring residents, in accordance with the
City's Noise Ordinance.
20. The property owner shall maintain a pro - active approach to the elimination of
graffiti from the structures, fences and accessory buildings, on a daily basis.
Graffiti shall be removed within twenty-four (24) hours.
21. All structures shall consist of neutral or earth tone colors reviewed and approved
by the Development Services Department, Planning Division. Trim and
architectural features may consist of bright colors.
22. Prior to plan check developer /property owner shall submit color sample and obtain
paint permit from the Planning Division.
23. A written request for new address shall be submitted to the Planning Division prior
to plan check.
24. Address numbers for each tenant space shall be maintained at all times. Such
address numbers shall be subject to approval of the Los Angeles County Fire
Department.
25. The applicant shall provide exterior lighting on the property and structures and
identify location and intensity of such lights on the site plan prior to submittal for
building plan check.
26. The applicant shall provide a security plan identifying security measures to include
but not limited to: cameras, alarms, officers, locks, etc.
27. Prior to the installation of signs, the applicant or tenant shall submit detailed plans
and obtain applicable permits.
28. Business owner or tenants may not install flashing signs, roof signs, portable
signs, including A- frames and sandwich boards. Business owner may not paint any
wall signs, place inflatable signs, balloons or flags, and may not place any sings in
4
the public right of way. Sings shall not be installed on trees, light poles, fences or
landscaping features.
29. All vehicle access and parking areas shall be permanently paved and maintained
with concrete. Parking stalls shall be delineated and provide concrete bumper
stops. Handicap parking and access shall be in compliance with ADA standards.
30. The trash enclosure shall be maintained and rubbish disposed of to address the
needs of the tenants.
31. The property shall be maintained in a neat, clean and orderly manner at all times.
32. Solid waste shall be contracted from the City approved contractor. Water services
shall be obtained from the City of Lynwood.
33. All contractors working on the project must have current business license issued
by the City of Lynwood.
34. This project is subject to the City of Lynwood's Development Impact and Art Fees.
City of Lynwood Ordinance No 1575.
BUILDING AND SAFETY DIVISION
35. 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 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 provision shall govern.
PUBLIC WORKS DEPARTMENT /ENGINEERING DIVISION
5
36. Submit a drainage plan. Drainage will be checked by the Department of Public
Works/ Engineering Division. No permits will be issued prior to the approval of the
drainage plan.
37. Reconstruct damaged sidewalk, along Atlantic Avenue and Fernwood Avenue.
38. Close existing drive approach and construct proposed drive approach(es) per
APWA standards.
39. Access through the rear alley is not allowed. Alley will be vacated in the future.
40. Connect to public sewer. Each building shall be connected separately. Construct
laterals as necessary. Minimum size required is six (6 ") inches. 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 videotape 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 instructions.
41. Install one (1) 36" box street tree(s) per APWA standards along Fernwood Avenue.
Species to be determined by Public Works. 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.
42. A permit from the Engineering Division is required for all off -site
improvements.
43. 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 license 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. This area is serviced by Park Water Co.
44. This development is subject to the City's Standard Urban Stormwater Mitigation
Plan Ordinance (SUSMP)
Pursuant to section 14.113 of the City for Lynwood Municipal Code relating to the
control of pollutants carried by storm water runoff, structural and /or treatment
control best management practices (BMP's); a maintenance agreement for the
6
Standard Urban Stormwater Mitigation Plan (SUSMP) shall be signed by the
owner(s) and submitted to the Department of Environmental Services Engineer
Division.
45. This project is subject to the City of Lynwood's Construction and Demolition
Ordinance. Determination shall be made upon submittal of the project's cost
estimate to the Department of Environmental Services. Building permits and /or
demolition permits shall not be issued until developer /project owner contacts the
Department of Environmental Services, Division of Public Works.
46. This project is subject to the City of Lynwood's Development Impact Fees, City of
Lynwood Resolution No. 2006.067
LOS ANGELES COUNTY FIRE DEPARTMENT
47. The applicant shall comply with all code requirements and conditions set forth by
the Los Angeles County Fire Department, Fire Prevention Division, 5823
Rickenbacker Road, Commerce, CA 90040, or contact them at (323) 890 -4243.
Final approvals from the Los Angeles County Fire Department must be
obtained prior to issuance of any building permits.
Section 3. A copy of Resolution 3184 and its conditions shall be delivered to the applicant.
APPROVED AND ADOPTED this 10th day of July, 2007, by members of the
Planning Commission, voting as follows:
AYES: Araujo, Castro - Ramirez, Enciso, Manlapaz, Patel, West & Younger
NOES: NONE
7
ABSENT: NONE
ABSTAIN: NONE
Lourdes Castro Ramirez, Chair
Lynwood Planning Commission
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Jonathan Colin, Manager Ron Wilson, City Attorney
Development Services Department City of Lynwood
1 8
RESOLUTION NO. 3185
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LYNWOOD APPROVING VARIANCE NO.
2007 -04, REDUCING SIDE SETBACKS FROM 5 FEET
TO 3 FEET AND REAR SETBACK FROM 5 FEET TO 1
FOOT IN CONDUCTION WITH THE DEVELOPMENT OF
A 1,275 SQUARE FOOT COMMERCIAL BUILDING ON
PROPERTY LOCATED AT 11694 ATLANTIC AVENUE IN
THE C -3 (HEAVY COMMERCIAL) ZONE, FUTHER
DESCRIBED AS ASSESSOR PARCEL NUMBER 6189-
026 -053, CITY OF LYNWOOD, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA.
WHEREAS, the Lynwood Planning Commission, pursuant to law, on June 12, 2007
conducted a public hearing and continued the item;
WHEREAS, the Lynwood Planning Commission, pursuant to law, on July 10, 2007
conducted a public hearing; 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 Qualify Act (CEQA)
pursuant to Section 15303(c), 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 does 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.
Exhibit No.2
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.
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
Variance No. 2007 -04, subject to all conditions, restrictions and limitations set forth as
follows:
CONDITIONS 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
i 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.
2
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
7. 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.
LOS ANGELES COUNTY FIRE DEPARTMENT
8. 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 3185 shall be delivered to the applicant.
APPROVED AND ADOPTED this 10th day of July, 2007 by members of the Lynwood
Planning Commission, voting as follows:
3
AYES: ARAUJO, CASTRO - RAMIREZ, ENCISO, MANLAPAZ, PATEL, WEST &
YOUNGER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Lourdes Castro Ramirez, Chair
Lynwood Planning Commission
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Jonathan Colin, Manager Ron Wilson, City Attorney
Development Services Department City of Lynwood
4
RESOLUTION NO. 3279
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF LYNWOOD
APPROVING VARIANCE NO. 2011 -01 REDUCING
THE MINIMUM PROJECT SIZE FROM 10,000
SQUARE FEET TO 5,124 SQUARE FEET,
REDUCING THE LOT WIDTH FROM 75 FEET TO
APPROXIMATELY 35 FEET AND REDUCING A
SIDE YARD SETBACK FROM 10 FEET TO 5 FEET,
10 INCHES FOR THE CONSTRUCTION OF A 1,953
SQUARE FOOT COMMERCIAL BUILDING ON THE
PROPERTY, ASSESSOR'S PARCEL NUMBER:
6189 - 026 -053, IN THE C -3 (HEAVY
COMMERCIAL) ZONE, CITY OF LYNWOOD,
COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA.
WHEREAS, the Lynwood Planning, pursuant to law, on February 8, 2011
conducted a public hearing; and
WHEREAS, the Planning Commission considered all pertinent testimony
offered at the public hearing; and
WHEREAS, the Development Services Department has determined that
the proposed project is categorically exempt from the California Environmental
Quality Act (CEQA) pursuant to Section 15303(c) (New Construction or
Conversion of Small Structures), as the proposed project is a commercial building
not exceeding 10,000 square feet in floor area on a site zoned for such use,
therefore;
Section 1. The Planning Commission hereby finds and determines as
follows:
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 subject property experiences exceptional circumstances related to its
substandard lot size, lot dimension and location. Due to its corner
location, the subject property cannot expand its size into the public right -
of -way or expand into adjacent built -out properties. Without a variance,
the subject property cannot be developed.
1
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.
The applicant's variance request is necessary for the preservation and
enjoyment of substantial property rights possessed by other properties in
the vicinity and zone because while other properties similarly zoned meet
the development standards, the subject property currently fails to meet
the development standards, due to its substandard lot size, shape and
location. If the property is not developed, it would remain a vacant dirt
lot that provides no economical benefit to the applicant and would serve
as a source of blight for the City of Lynwood.
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.
The applicant's proposal to construct a 1,953 square foot commercial
building will not be detrimental to the public welfare or injurious to
properties or improvements in the vicinity because the variance will allow
the subject property to be developed as any other similarly zoned
property, the development is similar to current uses surrounding the
subject property, and the proposed construction will meet current building
code requirements and as well as be inspected by the City's building
inspector.
D. That in granting the variance, the spirit and intent of this Zoning
Code will be observed.
The granting of the applicant's variance request observes the spirit and
intent of the zoning code in that the applicant is proposing to construct a
commercial building that would be utilized by an appliance retail and
repair use, which is a business that is consistent with the current zoning
and Appendix A of the LMC.
E. That the Variance does not grant special privilege to the
applicant.
The variance request does not grant special privilege to the applicant
because the subject property has substandard lot size, shape and location
compared with other similarly zoned properties, and the applicant is
required to comply with all applicable zoning and building regulations as
well as with the policies and goals established by the City's General Plan.
2
F. That the Variance request is consistent with the General Plan of
the City of Lynwood.
The subject property has a General Plan designation of Commercial. The
applicant is proposing to construct a commercial building in order to
operate a retail business. Additionally, the applicant's proposal is
consistent with Goal No. 1 of the Community Design Element located in
the City's General Plan. Goal No. 1 indicates that the City should
encourage physical development which enhances the positive image of
the City as a balanced residential community indicative of its "All America
City" status.
Section 2. The Planning Commission of the City of Lynwood hereby
approves Variance No. 2011 -01, subject to all conditions, restrictions and
limitations set forth as follows:
CONDITIONS OF APPROVAL
DEVELOPMENT SERVICES DEPARTMENT
1. The Variance approval 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. The expiration date is
February 8, 2012. One extension of up to 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 by 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 project site or structures
thereon shall be first reported to the Development Services Department
for review and written approval of said modifications.
5. The Applicant shall sign a Statement of Acceptance stating that he /she
has read, understands, and agrees to all conditions of this resolution.
3
6. Conditions of approval shall be printed on plans 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 Planning Commission, 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 $920.26.
8. The Applicant shall agree to defend at his sole expense any action
brought against the City, its agents, officers, or employees, because of the
issuance of this approval. The applicant shall reimburse and indemnify
the City, its agents, officers or employees for any award, court costs, and
attorney's fees which the City, its agents, officers, or employees may be
required to pay as a result of such action. The City may, at its sole
discretion, participate at its own expense in the defense of any such
action, but such participation shall not relieve Applicant of his obligations
under this condition.
PLANNING DIVISION
9. Landscaping and irrigation shall be installed in accordance with the
submitted landscaping plan.
10. The Applicant shall collectively maintain a minimum of seven percent
(7 %) of landscaping within the project area at all times.
11. All mechanical equipment, located on the roof or within the building's
setbacks, must be screened from public view. Screening shall be
architecturally compatible to the building, in terms of materials, colors and
texture.
12. Prior to Building Plan Check, the Applicant shall submit selected color
samples and obtain paint permit from the City of Lynwood.
13. A written request for a new address and associated fee shall be submitted
to the Planning Division prior to Building Plan Check.
14. Address numbers for tenant space shall be maintained at all times. Such
address numbers shall be subject to approval of the Los Angeles County
Fire Department.
I I
4
15 No fence shall be constructed until a fence permit is obtained from the
Planning Division. The fence shall be decorative. The use of chain link and
barbed wire is not permitted.
16. All driveway and parking areas shall be paved with concrete and
permanently maintained and shall have sufficient lighting for security. Such
vehicle access and parking areas shall remain clear and accessible for
vehicles at all times. Vehicle parking stalls shall be delineated and have
bumper guards. Handicap parking stalls shall be provided in compliance with
American with Disabilities Act (ADA) standards.
17. Any artificial light shall be installed to reflect away from adjoining properties.
18. Prior to installing signs, the Applicant shall apply for and obtain a sign permit
from the Department of Development Services.
19. The Applicant may not install flashing signs, roof signs, portable signs,
including A- frames and sandwich boards. The Applicant may not paint any
wall signs, place inflatable signs, balloons or flags, and may not place any
signs in the public right of way. Signs shall not be installed on trees, light
poles, fences or landscaping features.
20. The property shall be maintained in a neat, clean and orderly manner at
all times.
21. The Applicant shall maintain a pro- active approach to the elimination of
graffiti from the structures, fences and accessory buildings, on a daily
basis. Graffiti shall be removed within twenty-four (24) hours of its
presence on the property or notice thereof.
22. The Applicant shall provide a security plan identifying security measures to
include, but not limited to, cameras and alarms.
23. Solid waste service shall be contracted from the City approved contactor
and water services shall be obtained from the City of Lynwood.
24. All contractors working on the project must have a current business
license issued by the City of Lynwood.
25. The project is subject to the City of Lynwood's Development Impact and
Art Fees.
5
PUBLIC WORKS DEPARTMENT
26. The Applicant shall submit and obtain approval of the site plan showing
the correct property and building dimensions.
27. The Applicant shall submit a grading plan prepared and signed by a
registered Civil Engineer, and no building permits will be issued prior to
the approval of the grading plan by the City Engineer (see Engineering
Division for standard plan requirements.
28. The Applicant shall construct a new approach per APWA standards
(Fernwood Avenue).
29. The Applicant shall close existing drive approach and construct full width
sidewalk (Atlantic Avenue).
30. The Applicant shall construct one (1) wheelchair ramp at: north east
corner of Atlantic Avenue and Fernwood Avenue.
31. Access through the rear alley is prohibited. Alley will be vacated in the
future.
32. The Applicant shall 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 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 a 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.
33. The Applicant shall install two (2) 36" box street trees per APWA
standards along: FERNWOOD AVENUE and ATLANTIC AVENUE.
Species to be determined by Public Works. 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.
34. The Applicant shall underground all new utilities.
35. A permit from the Engineering Division is required for all off -site
improvements.
6
36. All required water meters, meter service changes and /or fire
protection lines shall be installed by the Applicant. 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 Public Works/
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.
37. This development is subject to the City's Standard Urban Stormwater
Mitigation Plan Ordinance (SUSMP).
Pursuant to Section 14.13 of the City of Lynwood Municipal Code relating
to the control of pollutants carried by stormwater runoff, a maintenance
agreement for the Standard Urban Stormwater Mitigation Plan (SUSMP)
shall be signed by the owner(s) and submitted to the Department of
Public Works, Engineering Division.
38. No final sign off shall be given until all conditions of approval
from the Public Works Department have been completed.
BUILDING AND SAFETY DIVISION
39. All construction shall meet or exceed the minimum building standards that
are referenced in the following codes.
• The California Building Code - 2007 edition;
• The California Plumbing Code - 2007 edition;
• The California Mechanical Code - 2007 edition;
• The Los Angeles County Fire Code — 2007 edition;
• The National Electrical Code — 2005 edition;
1
All as amended by the California Building Code of 2007.
In cases where the provisions of the California Building Code, the City of
Lynwood Municipal Code, or the plans or specifications in these plans may
conflict, the more restrictive provisions shall govern.
7
40. Applicant /property owner must provide a copy of permit card
signed by all other departments prior to scheduling a final
inspection.
LOS ANGELES COUNTY FIRE DEPARTMENT
41. The Applicant shall comply with all code requirements and conditions set
forth by the Los Angeles County Fire Department, Fire Prevention Division,
5823 Rickenbacker Road, Commerce, CA 90040, (323) 890 -4243. Final
approvals from the Los Angeles County Fire Department must be
obtained prior to issuance of any building permits.
Section 3. A copy of Resolution No. 3279 and its conditions shall be
delivered to the Applicant.
APPROVED AND ADOPTED this 8th day of February, 2011, by members of
the Planning Commission, voting as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
Kenneth West, Chair
Lynwood Planning Commission
Jonathan Colin, Director Pam Lee, Agency Attorney
Development Services Department Planning Commission Counsel
8