Loading...
HomeMy Public PortalAboutA 2011-02-08 PLANNING COMMISSION .. c +,E city ° LYNWOOD LLL4IAEPICi GAY anal „ LA City iiLteetutg C+a!Penges +�+ j)'i 11330 BULLIS ROAD ::'i � E �:� au4 LYNWOOD, CALIFORNIA 90262 DEVELOPMENT SERVICES (310) 603 -0220 DEPARTMENT x 28 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 MA•;a Qv;n4h-en- C'-t' City k & c c. 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 mono c 4; L24 Ctty vu¢euag CwnDQe t r 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 � I LOCATION MAP . _ ..\\ . i \ 1.-, ---- • compan+rm wonnio Conte, Ekme.mry EB f�> �'s T so --- 3'x . -- y ,.- \ p � T \Cjl W i W Amercgt i ..�_ b 1 S+.t +tc c.:e 1 l - ------ E19evro - — it --- _ -) _ -- _Brk•ry-• EI Se --- _-a l �,.,� '— j +minx l' ro Z , a \,i \ 1 gal - lit Flood Gaff t9 i t ■ enxa Cnn50an ?Ann i, �V�.� ---� _ A w Emma " --- "_Gadmw -. Six_ — _ — 1 IS j Poet 1 I 1 ' m dAd P - 1 W m. 1 l i t \1 y,Wa,AaoA 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 ± 's' 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 T. ' � l °�^° p ie — � ..��.y`y B .'Fe � ``�.. Vii, 7 /(r 1 } "Tice ai Ter: Hw �. ` " � j �~ -- .` qtr ° m °` / f tea, e II II "+. .l :�f G"..� j, / I 1, ^-- .�-,.� t ---J---- s: -, �np '�'' `roe s�J Y J 1 / ., (� ' :4 � y j�� lI J( 2 p � (� J��� �a 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