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Home My Public Portal About06-09-87 PLANNING COMMISSION . . . • ��`` �'�� `�'� 4 " . �� ' . I F CITY p�� t:��':7f) � - A G E N D A ciTV c;� �•;�..�. ,. �r,E ��r� 0:, 1987_ A�9 PM g�g�9 LYNWCOD CIIY PLANI`JING CCfT9I�SIaJ � � �� G�'�G��'�°�'J �! ItEGUI,AIi' MEETING - 7 :30 P .. pi. � G(�`�� '7 �'�- - � . • , LYNF100D CITY HALL, 11330 BULLIS ROAA � � JiINE 9, 1987 WCILIE I�NKA CHAIRPERSON D�`J�LD llOVE E1JC�NE RAY1�10(� VICE-CHAIRPERSON COMMISSIONER DARRELL GII�EfiT ROBERT R,EID COMMISSIONER COM*SISSIONER ROY PRYOR DAVID J, WILLIS, JF:, COMMISSIONER COMMISSIONER CITY STAFF DIBECTOR OF COMMUNITY DEVELOPME,�TT PLANNERS VICENTE L. MAS � K�vRICK R. K.�.REFP.-JOIv'�ISON Senior Planner COMMISSION COIINSEL DORETHEA TILEORD Planning Technician E. KURT YEAGER ' ROSALLVH NGUYEN Plannir.g Technician ,, _. . OPENING CEREMONIES � • � A. Call meeting to order. , B. Flag Salute. C. Roll Call. , D. Certification of Agenda Posting by City Clerk. E. Approval of Minutes: Minutes of May 12, 1987. F. Notice of Rescission of Public Hearing. The Public Hearing for the following cases will not be heard at this meeting. 1. Case No. 87042, the request for a Conditional Use Permit to operate a carburetor repair business at 11681 Atlantic Avenue, Lynwood, California. - 2. Case No. 87044, the request for a Conditional Use Permit to operate a bona fide restaurant at 10115 Long Beach Boulevard, Lynwood, California. CONTINUED PUBLIC HEARING 1. Conditional Use Permit - Case No. 87036 3136 E1 Sequndo Blvd,( Luis Perez) Comments• This is an application for a Conditional Use Permit to build four apartment units at the rear of an exist- ing duplex in the R-3 (Multi-Family Residential) Zone. Recommended Action: • Staff respectfully request that the Planning Commission continue this item without consideration at this meeting. NEW PUBLIC HEARINGS: 2. Conditional Use Permit - Case No. 87007 10800 Atlantic Ave. (Angel Navar) Comments• This is an application for a Conditional Use Permit to conduct an automobile sales business in the C-3 (Heavy Commerciall Zone. Recommended Action: Staff respectfully request that after consideration the Planning Commission adopt Resolution No. 2089; (a) Finding that the Conditional Use Permit No. 86090 will not have a significant effect on the environ- ment and approve the Negative Declaration. - (b) Approving Conditional Use Permit, Case No 87007 subject to the stated conditions and requirements. 1 � �r t, � � • , r � 3. Conditional Use Permit - Case No. 87019 9950 State Street (Jorge Abrego) Comments• This is an application for modification of a conditional Use Permit in order to expand the two existing auto-repair businesses by adding auto uphol- stery in.the C-3 (Heavy Commercial) Zone. � Recommended Action: Staff respectfully request that, after consideration, the Planning commission adopt Resolution No. 2107: (a) Finding that Conditional Use Permit No. 87019 will have an adverse impact on the surrounding area. - (b) Denying the requested modification of Conditional Use Permit 87019 based on findings. 4. Conditional Use Permit - Case No 87039 - 12144 Wright Road (Geraldine Woods & Alfred Preston) Comments� - This is an application for a.Conditional Use Permit - to develop a duplex in the R-3 (Multiple-Family Residential) Zone. Recommended Action: Staff respectfully requests that after consideration the - Planning Commission adopt Resolution No. 2121: � 1. Finding that the determination of Categorical exemption is appropriate. � 2. Approving.Conditional Use Permit No. 87039, subject to the stated conditions and requirements. 5. Home Occupation - Case No. 87041 3527 Euclid Avenue (Samuel Sevilla) Comments This is an application for a Home Occupation Permit to make pillows in the R-2 (Two-Family Residential) Zone. Recommended Action: -.: Staff respectfully request that after consideration the Planning Commission adopt Resolution No. 2126: (a) Finding that the determination of exemption is appropriate. (b) Approving Aome Occupation Permit No. 87041. . 2 �� , ' � � , 6. Zonina Ordinance Amendment - Case No. 87048 Citywide regulations to control the sale of alcoholic beverages. Comments • This is a proposed Amendment to Chapter 25 of the Lynwood Municipal Code, to allow for the inclusion of additional requirements and regulations to control the sale of alcoholic beverages. Recommended Action: = Staff respectfully request that after consideration the Planning Commission adopt Resolution No. 2127: - (a) Finding that the determination cf Exemption is appropriate. (b) Recommend that the City Council approve the findings in Resolution No. 2127, waive read- inq and introduce the Ordinance. 7. Zonina Ordinance Amendment - Case No. 87049 City-wide regulations pertaining to the development of multi-tenant retail centers. Comments• - This is a proposed Amendment to Chapter 25 of the Lynwood ' Municipal Code, which.seeks to introduce regulation of multi-tenant retail centers. Recommended Action: -_ Staff.respectfully request.that after consideration the Planning Commission adopt Resolution No. 2128; (a) Finding that the determination of Exemption is appropriate. (b) Recommending that the City Council approve the findings in Resolution No. 2128, waive reading and introduce the Ordinance. REGULAR ORDER OF BUSINESS: I _ _____1....__Proposed Acauistion of Propertv bv the County of Los Angeles 1 The County of Los Angeles has notified the City of its intentions to acquire certain property in the Alemeda � Redevelopment Project area of a proposed Regional Justice � Center. The County also intends to acquire property in the , Civic Center area to provide parking for the Lynwood Library. j Recommended Action: Receive and file. , 1 i Staff Comments: � Commission Orals: � (Information Items Only) t I � i 3 i ( � � . � • , Public Orals• (Information Items.Only) Adjournment• Adjourn to the next regular meeting of the Planning Commission on July 14, 1987, 7:30 p.m. in the Council Chambers, Lynwood City Hall, 11330 Bullis Road, Lynwood, � California: ADDRESS, MINUTES: AGENDA , 4 � r �INUTES OF A REGULAR MEET�G PLANNING COMMISSION � CITY OF LYNWOOD, CALIFORNIA ' � TUESDAY, MAY 12, 1987 OPENING CEREMONIES - A. Call to Order A. reqular meeting of the Planning Commission of the City of Lynwood was .called to order by Chairperson Kanka on the ... above-captioned..date at 7:30 p.m., in the Council Chambers of the Lynwood City Hall, 11330 Bullis Road, Lynwood, California, 90626. B. Pledge of Allegiance Commissioner Reid led the Pledge of Allegiance. C. Roll Call of Commissioners Chairperson Kanka requested the roll call, and Mr. Mas complied. Present: Commissioner ponald Dove - Commissioner Darrell Gilbert Commissioner Lucille Kanka Commissioner Roy Pryor � Commissioner Eugene Raymond - Commissioner Robert Reid ---- Commissioner David J. Willis, Jr. , Also present: Celeste Brady . _ - for E. Kurt Yeager, City Attoraey _ Kenrick Karefa-Johnson I Senior Planner, Planning Division � I Vicente L. Mas, Director ` � Community Development Department I Johanshah A. Oskoui, j Civil Engineering Assistant, Public Works Division ! - Joy Valentine, Minutes Clerk � Over thirty people were in the audience. ! D. Approval of Minutes I - ---- —___.... ----_____. . Chairperson Kanka stated that, per the Brown Act, the agenda j had been appropriately posted. i MOTION by Commissioner pove, SSCONDED by Commissioner � Raymond, to approve and accept the minutes of April 14, 1987, i as presented to the Commission. � The motion carried by the following vote: I AYES: Commissioners Dove, Gilbert, Kanka, �' Pryor, Raymond, Reid and Willis � NOES: NONE I ABSENT: NONE ABSTAIN: NONE ' I � 1 ; � , � � E�. CONTINUED PUBLIC HEARINGS 1. General Plan Amendment, Zone Change, and Conditional Use Permit�- Case No. 86109 3841 E. Imperial Highway (Lynwood Church of Christ/G.H. Biberston.) This item was continued from the meeting of April 14, 1987, because the revised plot plan was delivered too late for staff to thoroughly review it in time for the meeting. This is a two-step application, requiring a General Plan Amendment, Zone Change and a Conditional Use Permit. Mr. Karefa-Sohnson used transparencies to show location, relative.to surrounding properties. This is a varied area of single family dwellings, townhouses and cluster, commercial properties and multi-family zoning. The Zone Change from R-1 and C-2 to R-3 is requested to allow the development of twelve units of senior citizen housing an3 the expansion of the existing church. A negative declaration has been prepared. Chairperson Kanka declared the public hearing open. Mr. Lewis Clark, 2204 E. Oshkosh Circle, Anaheim, speaking for the developer, rose to speak in favor of the proposed land use and zone change, stating that the land use is consistent with surrounding properties and that the ., - proposed development will not detract, but will improve the neighborhood. --- There being no further comments from the audience,,,the -, public hearing was closed by Chairperson Kanka. . ;, " -MOTION by Commissioner Raymond, SECONDED by Commissioner - Dove, to .adopt RESOLUTION NO. 2103, RECOMMENDING WITH - - FINDINGS THAT THE CITY COUNCIL AMEND THE LAND USE ELEMENT � OF THE GENERAL PLAN TO DESIGNATE LOTS 5 TO 8 AND 11, - BLOCK A, TRACT NO.. 12197, M.B. 227, PAGES 37 AND 38, LOCATED AT 3841 E. IMPERIAL HIGHWAY, 10940 FRACAR AVENUE _ - AND 10941 ALEXANDER AVENUE, LYNWOOD, CALIFORNIA, AS MULTIPLE FAMiLY RESIDENTIAL. The motion carried by the following vote: -� AYES: Commissioners Dove, Gilbert, Kanka, -� Pryor, Raymond, Reid and Willis NOES: NONE � ABSENT: NONE i I ABSTAIN: NONE ' i - MOTION made by Comiissioner Raymond, SECONDED by . � Commissioner Pryor, to approve RESOLUTION NO. 2104, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF j LYNWOOD RECOMMENDING AN AMENDMENT TO THE LYNWOOD - MUNICIPAL CODE PERTAINING TO THE OFFICIAL ZONING � ORDINANCE, CHANGING THE ZONING ON LOTS 5, 6, 7, 8, AND � 11, BLOCK A, TRACT NO. 12197, M.B. 227, PAGES 37 AND 38, � LOCATED .AT 3841 EAST IMPERIAL HIGHWAY, 10940 FR?CAR i AVENUE AND 10941 ALEXANDER AVENUE, DESIGNATED AS ZONE CHANGE NO. 86109." � 2 � I I � � AYES: Commissioner pove, Gilbert, Kanka, Pryor, Raymond, Reid and Willis NOES: NONE ABSENT: NONE ABSTAIN: NONE Mr. Karefa-Johnson discussed the proposed Conditional Use Permit No. 86109, to allow for construction of eight 1- bedroom units, four 2-bedroom units, to rent from $375 to $525 per month. A five-foot landscaped buffer is proposed, plus .lawn swings and benches, and adequate parking. The alley will be closed and half that footage will be added to the property. The alley will be closed and half that footage will be added to the property. Both ingress and egress are provided and there will be no negative effect on the value of surrounding properties. The Site Plan Review Committee recommended approval of the proposed project, subject to conditions, and no public response has been received. Chairperson Kanka opened the public hearing. _ liewis Clarke again rose to speak. He asked that the . Commission reconsider Item No. 5, which -requires a minimum of 34 parking spaces, with a minimum of 16 required to be covered, plus one handicapped space. He . _ has planned to cover only two. Vicente Mas stated only -� •six are required to be covered. After a short discussion,._ �. the Commission agreed that two would be enough to�satisfy .,_. - the requirements, as long as the total of 34 parking spaces,remains the same. . There being no one else wishing to speak, Chairperson Kanka closed the public hearing. MOTION by Commissioner Raymond, ..SECONDED by Commissioner Dove, to adopt RESOLUTION NO. 2106, '.'A RESOLUTION OF THE PLANNING. COMMISSION OF THE CITY OF LYNWOOD APPROVING ', CONDITIONAL USE PERMIT NO. 86109 TO EXPAND THE EXISTING � � CHURCH AND TO CONSTRUCT TWELVE (12) APPARTMENT UNITS EOR - � - SENIOR CITIZENS AT 3841 EAST IMPERIAL HIGHWAY, LYNWOOD,_ ' CALIFORNIA." The motion carried by the following vote: AYES: Commissioner pove, Gilbert, Kanka, � Pryor, Raymond, Reid an.d Wi11is NOES: NONE ABSENT: NONE � ABSTAIN: NONE i - 2. Conditional Use Permit Case No. 87016 � 12200 Long Beach Boulevard (Robert Maness) - �� This is an application for a Conditional Use Permit to sell alcoholic beverages.in a convenience market at the i above captioned address. 3 ' � � . A letter from the Sheriff's Department opposing "any additional liquor establishments due to the high volume of those already in existence in the immediate area" was discussed, it was understood that the Sheriff's Department may rescind this letter, but at the time of the Commission meetir.g, the letter was still in effect. Staff, however, recommends the approval of Conditional Use Permit No. 87016, finding that it is categorically exempt from the provisions of the State CEQA Guidelines. There.is no other off-sale liquor business within 300' of the proposed market, but there are three restaurants with on-sale of alcoholic beverages in the vicinity. A protest has been filed by Mr. Ray Chavira. Chairperson Kanka opened the public hearing and Robert Maness, 1214 E. Colorado Boulevard, Suite 212-214, Pasadena, California, rose to speak for.the proposed .. development. He. discussed alternates 1 and 2, and Mr. _ Karefa-Johnson. told him...that those are engineering _ conditions,_which can be discussed.later. Mr. Maness.then .. said .he _aqrees to.the 26 conditions of..approval, and yielded the.floor to Mr. Eddie Snow. Mr.. Eddie Snow, 2670 E. Pacific Coast Highway, Long Beach, who will manage the marke.t, state,d that it is .. expected that 70$ of the sales will be non-alcoholic. In . addition to sales of beer and wine, the convenience store _ - will also sell bread, milk, produce, magazines, etc. It - is anticipated that there will be one _,more store, - probably a plumbing store. , --__ � Chairperson Kanka asked for anyone else who wanted to ., � - speak in favor of the Conditional Use Permit, ,there being - = no one else to speak in favor, she asked those who wanted _ to speak against the proposal to come forward. - _�: _ � •� Mr. Ray Chavira, 11434 Plum Street, stated there are . - already far too many places to buy liquor in the � immediate vicinity of the proposed development, and used_ _- � a map to demonstrate his point. He objected to the closeness of the proposed mini-market to Lynwood High School. Mr. Walter Williams, 12212 Long Beach Blvd. Lynwood, , I (next door to the proposed development) stated he prefers ... the vacant.lot.now there. He stated his.home is already I � surrounded by drunks, prostitutes and bottles everywhere. _ Mr... Paul_Smith, .12110.Long.Beach Blvd.,. .Lynwood,..next . I _. .door to Cisco's Pizza, stated there are too many drunks � throwing. bottles around now, and with the proposed i convenience store open 24 hours a day, the situation would worsen. Mr. Charles Glenn, 3533 Carlin, stated his opposition j because there are presently seven businesses between Palm ' and Cedar, on Long Beach Boulevard, selling liquor. j � At this point, Vicente Mas stated the Sheriff's i Department had reconsidered the letter on the telephone, but since he had received nothing in writing, the letter � of protest was in effect. � Mr. Robert Frye, 12501 Alpine, stated his opposition.to � the proposed development, and quoted Mr. Charboni of � Caltrans, who said that big developers won't come into an ! area of many stores selling liquor. � i i i � 4 ' ', I � � � • Mr. William Chavez, 14522 White, Compton, came to the meeting to represent his pastor, and his church, located near the proposed development, and expressed his opposition. Mr. Alberto Juarez, 5167-1/2 Century Boulevard, representing the E1 Salvador Church, which is located next door to the proposed development, spoke in opposition. Mr. Jack Shaw, 11911 Peach Street, Lynwood, stated the store at Cedar and Long Beach Boulevard sells all the staples needed by the residents. He said the area is already overrun with drunks and prostitutes. . Mr. Luther Morgan, 3303 Burton, Lynwood, stated his ' opposition to the proposed mini-market because of the proposed liquor sales. Chairperson Kanka gave Mr. Snow and Mr. Maness rebuttal time. • - Mr: Snow expressed his sympathy for the residents and " added that his development will create a tax thereby improving the area. _ - Mr. Maness stated he is negotiating with the City to close Magnolia and create a cul-de-sac there.. _ " Vicente Mas stated he knew nothing about the proposed --„ vacation of the street. _- _ - -- Mr. Oskoui stated that traffic may be rerouted in the— future, but that has nothing to do with the matter at hand. ' - Commissioner Pryor asked Mr. Maness if the mini-market could be eliminated and have a plumbing store, alone or - perhaps with something else. Mr. Maness replied in the negative. • Commissioner Reid asked Mr. Snow if he planned to spend much time in the store. Mr. Snow said he would visit , daily, and there would be security people. MOTION made by Commissioner Willis to deny Resolution No. 2110, A RESOLUTION OF THE PLANNING COMMISSION.OF THE CITY -.. � OF LYNWOOD APPROVING A CONDITIONAL USE PERMIT TO ALLOW OFF-SALE BEER AND WINE IN A CONVENIENCE MARKET AT 12200 LONG BEACH BOULEVARD, LYNWOOD, CALIFORNIA, IN THE C-2A � (MEDIUM CONIIYIERCIAL ZONE). SECONDED by Commissioner � Gilbert,-because of present saturation and protest of the � Sheriff's Department and many citizens. � The motion to deny Conditional Use Permit No. 8i016 I carried by the following vote: - AYES: Commissioners Dove, Gilbert, Kanka, ! Pryor, Reid and Willis � NOES: Raymond I ABSENT: NONE ; ABSTAIN: NONE ! � i i 5 ' I . � � F: NE'W PUBLIC HEARINGS 1. Conditional Use Permit Case No. 87024 11307 Wright Road (Jorge Damiani) This is an application for a Conditional Use Permit to develop eight apartment units at the above captioned address. At present, the property has two older single family dwellings on it. It is surrounded by multi-family, manufacturing and single family dwellings, and granting of the Conditional Use Permit will not have a significant - effect on the environment. All conditions required by the City of Lynwood are not listed because not all of the Public Works Department requirements were received in time to be included. . _ Chairperson Kanka opened the public hearing and Juan Valdevia, 3639 E. 60th Place, Huntington Park, rose to say that they will comply with all conditions required, the conditions were discussed at the Site Plan Review meeting. There being no one else wishing to speak, Chairperson Kanka closed the public hearing. Commissioner Reid discussed a letter from the Lynwood =._ _ Unified School District and the fact that the present _ _._ . school system is tremendously overcrowded. Ms. Brady ., stated that, as of January 1, 1987, the school.district . � can impose fees before any and all building permits are - granted. MOTIUN made by Commissioner pove, SECONDED by Commissioner Pryor, to adopt RESOLUTION NO. 2117,_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF -_ _ LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 87024 - TO - CONSTRUCT EIGHT (8) UNITS IN THE R-3 (MULTI-FAMILY RESIDENTIAL ZONE), 11307 WRIGHT ROAD, LYNWOOD, CA. The motion to approve Conditional Use Permit No. 87024 carried by the following vote: -� AYES: Commissioners Dove, Gilbert, Kanka, - Pryor, Raymond, Reid and Willis NOES: NONE - ABSENT: NONE I ABSTAIN: NONE � 2. Conditional Use Permit Case No. 87027 � I 5221-5225 Beechwood Avenue (Roberto and Maria"GonzaTez)" i This is an application for a Conditional Use Permit to j build a duplex and the required parking structure in front of three single.family dwelling units in the R-3 ' (Multi•-Family Residential) zone for a total of five � dwelling units. � � 6 � � . � � Staff stated that access to the single family dwelling is directly off the driveway, a potentially hazardous situation, which must be changed. A six-foot block wall fence will be constructed along the perimeter of the lot; except in the front, where the wall will not exceed four feet. A total of ten parking spaces, (six covered, and four uncovered) is provided. The proposed land use is consistent with the existing zoning classification (R-3) and the General Plan designation (Multi-family). Chairperson Kanka opened the public hearing. Applicant Maria Gonzalez, 5225 E. Beechwood, Lynwood, rose to speak. She stated that since she and her husband live there, they do not want to accept Condition No. 6, which requires an automatic sprinkling system. Also, on Condition No. 12, that doorway is off the bedroom, and she will simply turn it into wall space, thus eliminating a major potential harzard. Mr. Karefa-Johnson stated, as far as.Condition No. 6, the Lynwood City Code requires that 250 of the available land � be. landscaped, and .an automatic sprinkling system be •. .. installed.. It was.concluded that Condition No. 6 can be . .. renegotiated- after.a.landscaping.plan has been_submitted to the City by the applicant. _. - .. Compliance condition No. .3, standard requirement-of a _ Tentative Parcel Map, may not be required title reports submitted- by,applieants prove that-the lots have-already . been combined legally. - Condition No. 10, the requirement of a 6' blockwall fence can be negotiated because there is already some blockwall fence on the property. Mr. Oskoui stated that the Public Works requirements have already been discussed with the applicant at the Site .. Plan .Review meeting, Mr. Oskoui handed the written requirements to the applicant. Chairperson Kanka asked if there were any others who wanted to address this case, and Mr. Glenn, 3533 Carlin, � - rose to request that one smoke detector be installed in each bedroom, plus one in the hall. He also stated his - approval of Condition No. 6, for the automatic sprinkling system. ' There being no one else wishing to speak, �Chairperson I Kanka closed the public hearing. i .. MOTION._by Commissioner pove, SECONDED by Commissioner � Raymond to approve RESOLUTION NO. 2111, A RESOLUTION OF '� THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING ; CONDITIONAL USE PERMIT NO. 87027 FOR THE CONSTRUCTION OF TF70 (�2) APARTMENT UNITS AT 5221-5225 BEECHWOOD AVENUE, ' LYNWOOD, CALIFORNIA, IN THE R-3 (MULTIPLE FAMILY � RESIDENTIAL) ZONE. ' I The motion to approve Conditional Use Permit No. 87027 � carried by the following vote: ' � I 7 � I � � , AYES: Commissioners Dove, Gilbert, Kanka, Pryor, Raymon3, Reid and Willis NOES: NONE ABSENT: NONE ABSTAIN: NONE 3. Conditional Use Permit Case No. 87028 _ _ ___. 3671 Fernwood Avenue (Lorenzo Jaimes) This is an application for a Conditional Use Permit to construct a two-story dwelling unit at the rear of a family dwelling in the R-3 (Multi-Family Residential) zone for a total of two dwelling units. The. proposed two-story construction is. surrounded by - single family dwellings, although the zoning is both R-1 and R-3. The proposed land use is consistent and will not adversely affect the General Plan. The property is adequate in size and shape to accommodate the proposed development, will aid in aesthetically upqrading the - neighborhood and will act as a catalyst in fostering __ other quality development. - - Chairperson Kanka opened the public hearing and Lorenzo Jaimes, 3671 Fernwood, Lynwood, stated he had read all - the conditions required by the Planning Department and .. Engineering, and will accept all of them except that, _. since the property is already surrounded by:an . existing _ - chain link fence, he would like to keep it. Mr. Karefa- - Johnson informed Mr. Jaimes that the blockwall fence . condition is a standard condition and must be met,.so Mr. Jaimes stated he would do so. There being no one else in the audience who wanted to. speak, Chairperson Kanka closed the public hearing. MOTION by Commissioner Pryor, SECONDED by Commissioner Dove, to adopt RESOLUTION NO. 2112, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 87028 FOR THE CONSTRUCTION OF I ' A SINGLE FAMILY DWELLING AT THE REAR OF AN EXISTING _.,, SINGLE FAMILY DWELLING, IN THE R-3 (MULTIPLE FAMILY _, � - RESIDENTIAL) ZONE, 3671 FERNWOOD AVENUE, LYNWOOD, CALIFORNIA: ' � The motion carried by the following vote: AYES: Commissioners Dove, Gilbert, Kanka, � Pryor, Raymond, Reid and Willis ; NOES: NONE ABSENT: NONE � ABSTAIN: NONE I I 4. Tentative Parcel Mao - Case rTO. 87029 � 11822 Atlantic Avenue, Christ New Testament Baptist - �i Church (Reverend John R. Henderson) � 8 . � � This is an application for approval of Tentative Parcel Map No. 18688 to combine three lots in order to build a new church sanctuary and expand the existing child care center. Staff's inspection shows the site to be compatible with the General Plan, consistent with the Zoning Ordinance and no significant change in character of the existing environment is anticipated. Chairperson Kanka opened the public hearing, and Reverend � John R. Henderson, 4127 Agnes, Lynwood, rose to say he accepted the ten Public Works conditions and the 14 Planning conditions. Reverend Henderson was followed by his wife, Director of the present pre-school, who stated that the needs of the . City would be better served if more space were available for pre-schoolers. Mr. Robert Frye, 12501 Alpine, Lynwood, agreed with Mrs. Henderson. He stated the church will beautify Lynwood, - the expanded child care center is needed by the community. Mr. Charles Beales, 11358 Ducan, Lynwood, stated that , Lynwood needs more churches and less liquor stores. � Mr. Charles Glenn, 3533 Carlin, Lynwood, stated his __ approval. -- Ms. Mattie McGee, 3523 Fermin, Lynwood, stated she is a � member of the church and gave•her approval. - Reverend Fleeks, -2218 E. 120th Street, Los Angeles, , stated that Reverend Henderson feeds the needy and gave his approval. Reverend Henderson returned, stated his desire that the Tentative Parcel Map be approved. There being no one else to speak in favor or opposition, Chairperson Kanka closed the public hearing. - MOTION made by Commissioner Raymond, SECONDED by ,- - Commissioner pove, to approve RESOLUTION NO. 2113, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF _ LYNWOOD APPROVING TENTATIV'� PARCEL MAP NO. 18688 TO - COMBINE LOTS 4, 5, AND 6, TRACT NO. 5686, 11822 ATLANTIC AVENUE, LYNWOOD, CALIFORNIA. The motion carried by the following vote: AYES: Commissioners Dove, Gilbert, Kanka, Pryor, Raymond, Reid and Willis i NOES: NONE ' ABSENT: NONE j � ABSTAIN: NONE ; ' i I � I 9 I � � � � • 5: Tentative Parcel Map No. 18643 and Conditional Use Permit Case No. 870�1 11426-28 Plum Street (Edward Elliott) This is a two step application requesting approval to combine two lots into one and permission to relocate a single family dwelling unit to Lynwood in the R-2 zone. The site is vacant, surrounded by multi-family dwellings, � will -enhance the area and not significantly alter the character of the existing environment. Chairperson Kanka opened the public hearing for Tentative Parcel Map No. 18645. Mr. Patrick Stewart, 343 W. Carwell, Compton, spokesman for Mr. Elliot, stated he understood and accept all conditions of Planning and Public Works. He stated it is planned to move a single family, 2-story residence plus garage onto the proposed area. Mr. Roland Anderson, 3045 Redwood Avenue,.Lynwood,,stated his opposition to townhouses. Mr. Vicente mas stated there is going to be one unit. Mr. Ray Chavira, 11434 Plum, Lynwood, stated his_ _ opposition because the structure is much larger than - - those already built in the neighborhood and parking_ in that area is extremely crowded. -.. _.. ,,. _. :. Ms. Margaret La Puente, 3042 Redwood,. stated her ._ --- opposition to the size of the proposed building and lack __ of parking space. - Mr. Vicente Mas stated the applicant is only . asking - approval to combine two lots, not approval of structure. - Mr. William Goody, 11438 Plum, stated the street is too small and congested, and the proposed building is . too large. _ Mr. Charles Glenn. 3533 Carlin, stated his approval of the consolidation of the two lots, but the building doesn't conform to the rest of the neighborhood, and there is already a parking problem. � There being no one else wishing to speak, Chairperson Kanka closed the public hearing. MOTION made by • Commissioner Reid, SECONDED by Commissioner Pryor, to approve RESOLUTION NO. 2116, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING TENTATIVE PARCEL MAP NO. 18643 TO COMBINE LOTS 25 AND 26 AND PORTION OF LOT 27, MODJESKA PARK, IN THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, -STATE OF CALIFORNIA, AS PER MAP RECORDER IN BOOK 19, i PAGES 142 AND 143 OF MAPS IN THE OFFICE OF THE COUNTY � RECORDER OF SAID COUNTY. The motion carried by the following vote: I AYES: Commissioners Dove, Gilbert, Kanka, I Pryor, Raymond, Reid and willis � NOES: NONE � ABSENT: NONE � ABSTAIN: NONE i I I I 10 � � - . � � • ' Chairperson Kanka opened the public hearing hearing on Con�itional Use Permit Case No. 87031. Mr. Patrick Stewart said he accepted all conditions required by the Planning Division and Public Works Department. He stated the lot abuts the freeway. He plans to provide a two-car garage, driveway, and four parking spaces. He further stated the building is only 23 feet tall. Chairperson Kanka asked for persons to speak in favor of the proposed Conditional Use Permit and there were none. Those opposed: Mr. Roland Anderson, 3045 Redwood, asked that the ' conditions be read to him, he wanted something added about blockwall fencing. Mr. Vicente Mas stated .that in the future a ninth condition might be added for a cul de sac. � Mr. Ray Chivera, 11434 Plum,.stated the structure is too big. - - There being no one else wishing to speak, Chairperson _ Kanka closed the public hearing. • ._ - Mr. Vicente Mas stated that anything up to a height of 35 _ : feet is legal. _- -� - MOTION made by Commissioner Gilbert, and SECONDED by - Commissioner Raymond, to adopt Resolution No. 2115 - A - � RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF _ LYNWOOD RPPROVING CONDITIONAL USE PERMIT NO. 87031 FOR _ THE. RELOCATION.OF A SINGLE FAMILY DWELLING _TO PROPERTY LOCATED AT 11426 PLUM AVENUE, LYNWOOD, CA., IN THE R-3 (MULTIPLE FAMILY RESIDENTIAL) ZONE. ', ' _ The motion carried by the following vote: - -- AYES: Commissioners Dove, Gilbert, Kanka, Pryor, Raymond, Reid and Willis NOES: NONE ABSENT: NONE ABSTAIN: NONE "'- Mr. Vicente Mas suggested those in the audience who had registered their disapproval could come to City Hall to talk with him. 6. Tentative Parcel Map - Case No. 87033 _ 11361-63 Louise Avenue (Alex Galindo) " -'-� -- � � This is an application to combine two lots in order to construct fifteen apartments. The site is vacant, however, all surrounding land use is multi-family, -and .the General Plan designation for the property is multi-family and the zoning classification is multi-family. Chairperson Kanka opened the public hearing. I i 11 j I i � � • ' Mr. Alex Galindo rose to ask questions. He stated, per Condition No. 7, that there is presently a water system approved by the Fire Department and he doesn't want to install a fire hydrant. Mr. Askoui explained that is a generalized condition and the fire hydrant should be ignored. Mr. Galindo stated he would accept the conditions required by the City. Mr.. Curt.Levin, 9724 Blandwood Road, Downey, also stated his approval. Chairperson Kanka asked for opposition speakers and Charles Beales, 11358 Duncan, Lynwood, stated that adequate notification was not given to Lynwood citizens. He doesn't want fifteen units on the site, too large, wi11 impact parking. Mr. Galindo again stated all conditions are acceptable to him. MOTION made by Commissioner Pryor, SECONDED by Commissioner Raymond, to approve RESOLUTION NO. 2118, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING TENTATIVE PARCEL MAP NO. 18685 TO COMBINE LOT 12 IN BLOCK "B" OF TRACT NO. 9641, AS PER MAP RECORDED IN BOOK 189, PAGE 16 OF MAPS, IN THE OFFICE OF - THE COUNTY RECORDER OF THE COUNTY OF LOS AidGELES, 11361 AND 11363 LOUISE AVENUE, LYNWOOD, CALIFORNIA. The motion carried by the following vote: -- AYES: Commissioners Dove, Gilbert, Kanka; - Pryor, Reid and Willis NOES: NONE ABSENT: NONE ABSTAIN: NONE .:...___._._____7.,.___..Tentative Parcel Ma Conditional Use Permit Case No. 87036 3136 E1 Segundo Boulevard (Luis Perez) �^ This is an application to combine 1-1/2 lots to build � four apartment units at rear of an existing duplex in the R-3 (Multiple-Family Residential) zone, for a total of six awelling units. TYie site is compatible with the General Plan, the size arid location does not significantly change the character of the existing environment and Staff recommends approval of the Tentative Parcel Map. Chairperson Kanka opened the public hearing on tY:e Tentative Parcel Map. Mr. Albert Bohan, 3586 Beechwwod, Lynwood, rose to speak for Mr. Luis Perez. He stated they are trying to improve the neighborhood by the construction of the proposed apartment units. There_..being no one else wishing to speak,. Chairperson Kanka closed the public hearing. I I 12 I I �I - � � MOTION made by Commissioner pove, SECONDED by Commissioner Raymond, to approve RESOLUTION NO. 2121, A RESOLUTION OF THE PLANNING CO[�IISSION OF THE CITY OF LYNWOOD APPROVING TENTATIVE PARCEL MAP NO. 18581 TO COMBINE A PORTION OF LOT 9 AND LOT 11 OF BLOCK 18-OF THE BELLE-VERNON ACRES IN THE CITY OF LYNWOOD, COUNTY OF LOS - ANGELES,- STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK 9, PAGE 196 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, LYNWOOD, CALIFORNIA. The motion carried by the following vote: - AYES: Commissioners Dove, Gilbert, Kanka, Pryor, Raymond, Reid and Willis. ' NOES: NONE ABSENT: NONE ABSTAIN: NONE -- Chairperson Kanka opened the public hearing on the Conditional Use Permit. _ . Mr. Bohan indicated he will work with Staff. , - = There being no one else wishing to speak, Chairperson __ Kanka closed the public hearing. - •- MOTION made by Commissioner pove, SECONDED by - Commissioner Gilbert to continue discussion of _ _..Conditional Use Permit - Case 87036 to the next regularly schedule meeting of the Planning Connnission on June 9. -, The motion carried by'the following vote: � AYES: Commissioners Dove, Gilbert, Kanka, Pryor, Raymond, Reid and Willis NOES: NONE ' ABSENT: NONE ABSTAIN: NONE _ � - Because of the lateness of the hour, there was a short I discussion concerning adjourning the meeting. Mr. Karefa- ; Johnson stated that Public Orals could not be cancelled. ! PUBLIC ORALS � _— ._._._._...._. __. _ . I Ray Chavira rose to discuss the proposed ordinance � concerning the sale of alcoholic beverages, he wanted } letters written. ADJOURNMENT � There being no further business to come before the ; Planning Commission, the MOTION was made by Commissioner Reid and SECONDED'by Commissioner Gilbert to adjourn to the next regular meeting of the Planning Commission on j June 9, 1987, at 7:30 p.m., in the Council Chambers of Lynwood City Hall. - The motion carried and the meeting was adjourned at 12:30 � a.m. ; 13 I I - . � � APPROVED AS WRIITEN this day of , 1987. Lucille Kanka, Chairperson Lynwood Planning Commission ATTEST: • Vicente L. Mas, Secretary ' � � PC MINS: MINSS I � I I � 14 i I � ��:�• 8�036 . ��.��i�� dP��r� N�. / � CASE i�0: �' 70 �� DATE: June 9, 1987 TO: PLANNING COMMISSION FROM: Vicente L. Mas, Director Community Development Department SUBJECT: Conditional Use Permit - Case No. 87036 3136 E1 Segundo Blvd. (Luis Perez) PROPOSAL The applicant is requesting approval of a Conditional Use Permit to develop a four (4) unit apartment building at the rear of a duplex, in the R-3 zone. FACTS 1. At its regular meeting of Tuesday May 12, 1987 the Planning i Commission approved Tentative Parcel Map no. 18581 in order ! to facilitate the development of proposed project. i 2. The Conditional Use Permit for the proposed Residential ; - project was continued because of serious deficiencies with ; - regard to parking and proportion of required landscaping and open space. 3. At the Site Plan Review meeting of May 28, the applicant i presented a new plan to the Site Plan Review Committee. This was too late for a formal review however, a quick review � revealed the same deficiency. The committee denied the plan and the applicant has agreed to have new plans prepared. RECOMMENDED ACTION Staff respectfully 'requests that the Planning Commission continue . the item without consideration at this meeting. Disk 10: 87036CUP _ i ;F �r • �d'� ��i � � � � W �� m� � � •� Cf�� f''J�. 8 �00 7 DATE: June 9, 1987 TO: PLANNING COMMISSION FROM: Vicente L. Mas, Director Community Development Department SUBJECT: Conditional Use Permit - Case No. 87007 Applicant (s): Angel Navar PROPOSAL The applicant is�requesting a Conditional Use Permit to operate an used automobile sales business at 10800 Atlantic Avenue in the C-3 (Heavy Commercial) zone. FACTS 1. Source of Authority. Section 25-16.15 of the Lynwood Zoning Ordinance requires � that a Conditional Use Permit be obtained in order to conduct or operate an automobile - oriented business activity in the C3 Zone. 2. Property Location. The subject property consists of three (3) interior lots ; located on the east side of Atlantic Avenue between Abbott Road and Imperial Highway (See attached Location Map). . 3. Property Size. The subject property is rectangular in shape and is approximately ninety feet (90') wide and one hundred twenty feet (120') deep; the total area is approximately 10,800 square feet. 4. Existing and Surrounding Land Use. The subject property is presently vacant. The surrounding ; land uses are as follows: North - Multi-family & Commercial East - Single family ' Souch - Commercial west - Commercial 5. Land Use Description. The General Plan designation for the subject property is , Commercial, and the Zoning designation is .C-3 (Heavy Commercial). The surrounding land use designations are as follows: General Plan Zoning North - Commercial North - C-3 South - Commercial South - C-3 East - City's Boundary Line East - City's Boundary'Line west - Commercial West - Commercial 1 � . • � 6. Pro�ect Characteristics. The. applicant proposes to utilize a trailer (55' x 10') as an office for auto sales. There will be no automobile repairing service conducted on the premises. The maximum number of displayed vehicle will be eiqhteen (18). Two (2) parking spaces (one (1) for handicapped parking) will be provided for off-street employer/customer parking. The applicant also utilizes the existing alley as part of ingress and " egress - ��" requirements with a driveway of minimum twenty-five (25) feet. Six (6) light poles will be provided by the applicant to offer sufficient artificial light for the car 1ot. Five (5) percent of the total lot area will be used for landscaping as required. A six foot (6') block wall .fence will be built on the exterior boundaries of - the proposed business, excluding the front yard- setback. -, _ area, and ingress and egress. 7. Site-Plan Review At its regular meeting on May 28, 1987, the Site Plan . Review Committee.approved the proposed project, subject to the conditions and requirements stated in the attached Resolution. _ - - 8. Zoning Enforcement History. None of record. - - _ . .. . 9. Public Response. � As of the date of preparation of this report..the Planning Division has not received any Public Resporise-with _. __- to subject development proposal. _ . __ - ANALYSIS AND CONCLUSI(3N 1. Consistencv with General Plan. — ----- - The proposed land use is consistent with the .,existing zoning designation (C3) and the General Plan- designation (Commercial). Therefore, the granting of the Conditional Use Permit No. 87007 will not adversely affect the General Plan. - 2. Site Suitability. The subject property is adequate in size and shape to accommodate .tne .proposed development relative to lot_ size, landscaping, parking, and other development feature's.required by the Zoning Ordinance. Furthermore � . the subject property .is .adequately served with the required public utilities and offers adequate �vehicular � and pedestrian accessibility. 3. Compatibility. The proposed development is surrounded by heavy commercial development; therefore, the project will be � compatible with the development in the area. -------- 4. Compliance with Development Standards. The proposed project meets all the Development Standards required by the Zoning Ordinance regarding off-street , parking, landscaping and height except the proposed use of the trailer for office. The trailer does not meet the � definition of building (Section 25-Z.1F) as stated in the Zoning Ordinance or Commercial Building as stated in C-3 , (Heavy Commercial) Zone of the Zoning Ordinance, Section j 25-10.1. Applicant must provide adequate building i structure for office usage as one of the conditions of � approval. Z � . � � j ' i . • � 5. Conditions of Approval. The improvements as proposed, subject to the conditions recommended by the Site Plan Review Committee, will not have a negative affect on the values of the surrounding properties or interfere with or endanger the public health, safety and welfare. 6. Benefit to Community. The proposed development will increase commercial activity in the city. 7. Environmental Assessment _ Staff has found that no substantial environmental impact will result from the project; therefore, a Negative Declaration has been prepared, has.been made part of the record and is on file in the Community Development _. . ._ Department and the office of the City Clerk.�. RECOMMENDATION Staff respectfully request that after consideration the Planning.: Commission adopt the attached Resolution No. 2098: _ : 1. Finding that the Conditional Use Permit, Case No. 87007, will not have a significant affect on the ; _.._..._._ ..._ - .— - ------- environment and approving the Negative Declaration i prepared by the Community Development Department. ! --_.-_.._.._ .__...-- ----- .- ' 2. Approving Conditional Use Permit, Case No. 87007,. .. - .:r-! subject to the stated conditions and requirments. �.- ._ ; • I Attachments: ----- --------.._______._____. i _ . __ .. - i 1. Location Map. _ ------- - ---- - ---- -- -- --- 2. Site Plans/Floor Plans/Elevations , 3. 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Lynwood,. pursuant to law condusted a public hearing on subject application for a Conditional IIse Permit; and _ WHEREAS, the Planning Commission has carefully considered all pertinent testimony offered at the public hearing; and • WHEREAS, a Conditional Use Permit is required for an automobile sales and tires sales and service business in the Commercial Zones. - Section 1 _ The Planninq Commission hereby finds and ' determines as follows: _. ___ . - -- ___ __ ---- ---- A. The site of the proposed use ss size -"-"--�. --'-', and shape to accommodate the structures, parking,. walls, landscaping, driveways and other development features required by Zoning Ordinance. B. The granting of the proposed Conditional Use • i Permit w�l not adversely affect the-General Plan.-- - _ C. The automotive use, as proposed,' subject to � conditions imposed, will not have a--negative ______._, effect on the values of surroundinq properties or � interfere with or endanger the public health, , safety, or welfare. � D. The site will be developed pursuant to the current ' zoning regulations and site plan submitted as I � reviewed and approved by the Planning_Division.._. __ _._._..__:_. �___.�___ � E. The site is seryed.by.streets adequate in width � P and improved as necessary to ,carry_,the . kind _.. and , �,___._.__ .� quantity of traffic such a use will generate. � F. The proposed use will result in an upgrading of ! subject property and surrounding area and will aid I ..--- - in proving the economic base_ of tfie_ city..� .--- --- Section 2 ! The Planning Commission of the City..of Lynwood, _. based upon the aforementioned findings and determinations, hereby � approves Conditional Use Permit, Case No. 87007, provided the following conditions are observed and compiled with at all times. � � I i 1 i 1 � � � i + � � „ Community Development Department: 1. All requirements of all City departments shall be met. - 2. All City of Lynwood Municipal Code and Zoning Ordinance requirements shall be met. •3. The applicant sha11 sign a Statement of Acceptance �. stating that he has read, understands, and agrees to the conditions of this resolution within fifteen (15) days from the date of approval of said resoultion by Planning Commission. Plannina Division Conditions: - _ __:.. : 4., All signs shall be erected in conformance with the City of Lynwood Sign Ordinance; permits will be require. 5: Automotive uses shall provide adequate vehicular circulation so as not to create traffic problems; - �__; 6. Trailer shall be on permanent foundation with � . underground utilities. 7. A total of two (2) on site parking spaces one of _:,. should be a space for handicap parking, must be provided for customer and or employee parking. The parking spaces must be indicated by white stripes. A clear access aisle_-_ -- � of minimum of three (3) £eet in width must be,_ - _ maintained. The main access driveway must be twenty-fiye __ ._ (25) feet in width. . .._:.._ " 8. A maximum of 18 vehicles shall be permitted on .the property based on the approved parking design by the _ _ site Planning Review Committee. 9. Lariiscaping; Five percent (5�) of the total lot area : ; shall be improved with well maintained landscaping . as approved by the Director of Community Development. The kandscaped areas shall be kept free of trash, debris and _ rubbish. The minimum area of landscaping shall be 540 square feet. - 1Q. A sprinkler system shall be installed in a11 landsca�ed •. areas to ensure proper maintenance; hose bibbs may .be substituted for a sprinkler system. S1. All activities as described herein sha11 be confined t� hours between 7:00 AM and 9:00 PM daily. � 12. Any artificial Tight shall be designed to reflect away- :-_ from adjoining properties. I3. The use shall have a minimum of 6,000 square feet.af lot _ _ . _...__ area. 14. A reinforced masonry wa11 six feet (6') in height shall be built and maintained along the exterior boundaries of - the business, excluding the front yard setback area, those locations approved for ingress and egress, and areas abutting a street other than a alley. Z , , . � � � �' 15.� No damage or wrecked vehicles shall be stored on the ' � premises. 16. Garbaqe or trash receptacles shall be metal or plastic containers equipped with overlapping, fly-tight lids,'or other comparable containers, as may be approved by the Director of Community Development. Such containers shall be stored in an area that is enclosed on three sides by a solid masonry wall equipped with a latched gate. The wall should be at least six feet (6') in height. Old tires shall be removed from the premises twice a week. . Additional Conditions Imposed: 17. Post a bilingual sign (English & Spanish) stating that "no auto repair permitted on or near premises". 18. All requirements must be met within 180 days from the„ _ date of adoption of the Resolution. ___--_------=- Fire Department Conditions: _ 19. Provide a 2A-lOBC Fire Extinguisher. Travel distance not.. to exceed 75 feet. ' 20. No automotive repair permitted. _ _ _ __ _ 21. No spray painting. ` _ _. Enaineerina Department Conditions: - 22. Provide documentation that � the lots composing the properties were legally tied together to satisfaction of _the Department of Public Works. Tf it is determined that _ ' lots were not legally combined, submission and. recordation of a parcel map be required. � 23. Dedicate a 7.5 foot wide strip of property along Atlantic Avenue. 24. Submit a grading plan signed by a registered Civil Engineer. - 25. Construct a 5 foot wide planter to separate parking lot from sidewalk area, with respect to the new property line. Also landscape and maintain the 7.5 foot dedicated" area in front of the property. 26: Construct proposed drive approach per City standards. " 27. Reconstruct damaged sidewalk along Atlantic Avenue. 28. Connect to public sewer. Provide laterals as necessary. Contact t�e City of South Gate for sewer connection information. 29. Underground all utilities. 3 � � 30. "No Parking Anytime" restrictions shall be implemented along Atlantic Avenue," at the time of widening of Atlantic. However, at the present time parking is permited along Atlantic. Section 3 : The Community Development Department has determined that approval of this Conditional Use Permit will not have an adverse impact on the environment, a Negative Declaration has been prepared and is hereby determined to be adequate. Section 4: A certified copy of this resolution shall be delivered to the applicant. - - ' � APPROVED and ADOPTED this 9th day of June, 1987 -by � Members of the Planning Commission as follows: - - AYES: NOES : ------- - --- _ - ABSENT: - _ ,. : -. --_ ABSTAIN: Lucille Kanka, Chairperson APPROVED AS TO CONTENT: APPROVED AS TO FORM: -_____-____. _.___— , Vicente L. Mas, Director E. Kurt Yeager - i Community Development Dept. General Counsel - I : - - I RRREPT: RES02098 _- 1 � . ; - _ .. � � ,� � . I � i � � I I; � � � 4 � � �;��n i i �� ao, . � �., 7019 . . C�S� f`�i�. .��..�� 'DATE: June 9, 1987 TO: PLANNING COMMISSION FROM: Vicente L. Mas, Director Community Development Department SUBJECT: MODIFICATION OF CONDITIONAL USE PERMIT NO: 87019 CASE NO. 87019 Applicant: Jorge Abrego - PROPOSAL• The applicant is requesting a modification of Conditional Use Permit No. 81089 to expand the existing auto repair businesses by adding auto upholstery at 9950 State Street, Lynwood, California. FACTS• 1. Source of Authority. Sections 25-16.15 and 25-25.11 which regulates automobile uses and modification of conditional uses, respectively. 2. Property Location. The subject property is located at the northeast corner of Minnesota Avenue and State Street (See location map). 3. Propertv Size. There are four businesses on site - two automotive businesses, e.g., M& M Automotive, R& A Body Shop & Mechanic, K-9 Grooming & Animal House. The automotive uses occupy approximately 13,000 square feet and the pet shop and K-9 grooming business occupy about 2840 square feet. • 4. Existina Land Uses. • The subject property is developed with commercial uses. The surrounding land uses are as follows: North -.Commercial East - City of South Gate South - Commercial West - Multiple Family 5. Land Use Designation. The General Plan designation for the subject property is Commercial and the zoning classification is C-3 (Heavy Commercial). �I The surrounding land use designations are as follows: I i General Plan Zonin � ' North - Commercial North - Commercial � South - Multiple Family South - R-3 East - City of South Gate East - City of South Gate � West - Commercial West - Commercial � ' 6. Project Characteristics. � The applicant proposes to add an auto upholstery business to � the other automotive business on site. Access to the proposed development will be from Minnesota Avenue only. (The area for the upholstery business is not adequate in size or shape to , accommodate an enclosed building and the off-street parking that would be required.) It is staff's professional opinion that, to permit another business at the subject site, additional parking and traffic � problems will be created. � Another business on site would only intensify the parking situation. A potential exists for negative environmental i impacts affecting vehicular access, circulation, and noise. , � 1 � I I _ . • A � � 7.' Site Plan Review. • On May 28, 1987, the Site Plan Review Committee evaluated the proposal and recommended denial by the Planning Commission, subject to specific findings. 8. Zonina Enforcement History. None of record. 9. Public Response. Staff has not received any comments with respect to this proposal as of the time of preparation of the agenda. -- �- � ANALYSIS AND CONCLUSION: 1. Consistency with General Plan. _. The proposed land use is consistent with the existing zoning designation (C-3) and the General Plan designation (Commercial). However, the adding of the proposed use to the existing ones on the site may result in an adverse impact relative to increase noise and parking circulation problems. 2. Site Suitability. �-�----- �- � � The subject is not adequate in size and shape to� accommodate �; the proposed use relative, to parking, access, and circulation. The site does not offer adequate vehicular =-- - - _ -- - --- accessibility. _. _. 3. Compliance with Development Standards. The proposed development does not meet the off-street parking requirement for.the uses on site. Conditional Use No. ,_-.- 81089 required. 10 parking spaces. The proposed use would intensify the parking problem. The parking area is not - striped; however, it is evident that the parking area could not.accommodate 10 off-street parking spaces for the existing __ automobile uses or the other businesses on the site. 4. Conditions.of Denial. -- � � � The use, as proposed, could have a negative effect on the values of the surrounding or interfere with or endanger the .public health, safety and welfare due to the lack of sufficient off-street parking and difficult access fo site. 5. Benefits to Community. � � The applicant has failed to prove that the proposal will not i jeopardize, adversely affect or be detrimental to the public I health safety and welfare or to the surrounding.property and residents. � 6. Environmental Assessment. �� ( The proposed additional use could have a substantial i environmental impact on the surrounding area with respect to increased noise, access and circulation problems. � RECOMMENDATION , Staff respectfully requests that, after consideration, - the - � -- � 1 Planning Commission adopt the attached Resolution No. 2107: � ' Finding that Conditional Use Permit No. 87019 may have an adverse impact on the surrounding area and denying the 1 application subject to the findings. ; I 1 ORDSTUDY: 87019CUP I i � 1 2 I � -- . • • � ' � � �� ; $ TWEEDY — �- e " w a ' ^ ""_ ' _ _ . _' ___�__�__.—__"_— o s o " _ ro� J,�t`Jd � P 13 � ' 12 � '�l j : 10 R ��A . , , . _. - 18�� y: '� 10� 3�' +� p p fl 7 5 4 3 '�d'�� `, �,.� e �roi � ,a6 6 ••�`� �°.��, " 4a�ly 2 J �.¢ 14 IS 16 liyq � 19 ZO 1 2Z 29 14 i ti ' � 70 3 � �� 3�A e ._ . _ __. _..__.__ _ __ M/NNCSOTA � � . �� 39 iya � ao e� � ��,h � iz . , _ , , �oo� i `,S' ' � w• v, " loboei - . no �� N3B " w 7 w; „� g I 5 3E � , o ; -� � � . 10aoZ ;, � � j3 31 31 � 19-- "�� 41 � � I p - . I DC� ` � /00/ /9 I IE I /O ' _ _ _ ._... . . _ —__"___"__ _ __ g dZ I I o.z .: fx �/ooyP a 0, . �� /oo � O w w � ' L�oi o '" ��0 . . . . �� o$°,. `� 16 �` v 1�'w ^ � e�i Y 4 J �. Sl 52 59 54 .. � °,�' i � dd e i o`� � �e yI1. • A ' . � ;, W/SCONS/,Y � � � i✓az°.7s�E - om � �� on3 . . u ..r �moS' 0/l� � � e t0 F /10 / � . . . . . . � ,�6 '"- s iaic) i o IW i� :_�o�il_ e1a C v.z. �li ° � ' ,.,�, /eu�� ."'. ��8 w � 67 $ � 6g 64 � . ---- 6j 6L ,. $ Iob3 ,. /ol 1 � C JD/ �/D�_ 6� I x� 6� io,�s - . I � � . easo - ,sa3 ou : _ _.__ , _ _ . _ .. -- ------ � 121 �Z � � _ ionJ o/a� : � . �i5y�� vD �, ��- ,�Iai� �ni�7� 78 19 d0 Bl 81 83 � ,te,� /o� _" e�si io�ad'e �sr '��o�z � M/CH/GAM � � N az-,75 w . /Da�r i� n � i � . �,sa' � ` aaoo � _.. ______ .__�____ ._..._____.. . -� �no _ �� ,� 97 �� ' 95 94 , 93 92 JI 90 " l/9 � `^` �1 � /O�/o � . h i :357 � �lIB �i4 a 101 � Y ^ /03�'�,�, . . /oa33 + g- 35E 115 117/oa3� 101 � 10 �T . � 1e �4� 105 � 106� 10T �W 109 IIO ❑I ,_ � — — . . _ _ ..__ . . .__ --'_'-_- -' - � 116 � Q � /D�6j � ie»9 � luJay e - IU s _ � r �SfQUO/A q h J I J � _ 6 'e 3 �°it9 � �111 . �, o� eooi a eooi �7oi , � :, /o p o 1 I � � 1 a os�� 2t4 e� it� :219 118"� tIG - ZIS � 21d � Z13 � 212 i 2!l � � ie ( � g $ t 25 � � 1!0 � ` I `� � i j e I ar� . �+ro3D3 2 itG ti � �95 j �,� i . �� o � 5 '� .// ,; i0 9 7 � $ Zi2 � � /76 19T i 199 I 197 100 ' 201 I 202 I'Z09 20C � 8 /a3� '�ft e � � I � I � eo � � s CHfROKE£ �; 2 0 }� n�°is�3u v� i � I .>,r: ,.. . i � . ...., i1 i .. ., i . i . . . . . . I ,�r�uyer .; m � 172 � J27�6 i ; ll � l9 '/4 �/5 - N �� l�l _ �� Itl9 � 18tl � 187 � Itl6 i 185 I Ib4 I Iti3 ,/B2 h7! �� I ._t1L ;— J , o i I i I I i . I � - � ' I ir.iig ^ ' q '/03 � � s.iia�v r-.rv � � . I ' Q� 5 r ° i _ ' .a�i.o . �� I� Ij I .. I'J / f J�� I .. � � i . 19 n ' in-��7 / � , . . w � . . . . . I � , _ .. ..__ '__'__ "" _'—'_'_ i i '. j CASE NO. gj70�"g i �'�_ � . . • 87019 �ESOLUTION NO. 2107 ` � A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD DENYING A MODIFICATION OF A CONDITIONAL USE'PERMIT TO ALLOW AN AUTO UPHOLSTERY BUSINESS AT 9950 STATE STREET, ..LYNWOOD, CA., IN THE C-3 (HEAVY COMMERCIAL) ZONE. WHEREAS, the Planning Commission of the City of Lynwood has, after giving notice thereof as required by law, _--- conducted a public hearing concerning the application for modification of conditions of a Conditional Use Permit to allow another business at the above address; and _. ..._.._ WHEREAS, the Commission carefully considered all pertinent testimony offered in the case as presented at tPie ---- public hearing; and WHEREAS, the Planning Division has determined that.the__. _._.. requested modification is categorically exempt from the provisions of the State CEQA Guidelines, as amended. �� Section 1 . The Planning Commission Citg--of--------�- Lynwood DOES HEREBY RESOLVE that said proposed.modification of - -- - --_ .._._...-------_— Conditional Use Permit 81089 should be denied for the following reasons and findings. - �"- A. The existing land uses do not meet the minimum off-street parking requirement for the C-3 (Heavy - Commercial) zone. The proposed. additional use would be an intensification of -the parking deficiency. ._ �------------- -�_ B. The site of the proposed modification is--not-----�-- adequate in size or shape to accomodate another business. . C. The applicant has failed to show the--- --- requested use will not jeopardize, adversely affect or be detrimental to the public health, safety and welfare or to the surrounding property and residents. —� � � ---- - --- Section 2 . The Planning Commission of the City of � ` Lynwood hereby denies a modification of conditions of the Conditional Use Permit 81089 at the subject address. APPROVED AND ADOPTED this 9th day of June, 1987, by members of the Planning Commission voting as follows: � , � AYES : - - - - --- I -- --- ----- NOES: ------ -- .. I ABSENT: _ I ABSTAIN: � Lucille Kanka, Chairperson � P APPROVED AS TO CONTENT: APPROVED AS TO FORM: I 1 i Vicente L. Mas, Director E. Kurt Yeager � Community Development Dept. General Counsel � ORDSTUDY: RES02107 I � � I I ., . .. �, � . :.� � I v i � . • • ~ vS10&9 RESOLUTION N0. 806 A RESOLU7ION OF THE PLANP�ING C6t4t1IS5I0t� OF THE CI7Y OF LYNlY00D APPROb'ING A CONQITIONAL US'c PERI4ZT FOR THE. Q°ERATION OF Atd ?.UTO REPAIR SHOP 4N LOT 18, TRACT P70. 4°36,.. � COMMONLY KN05YN AS 9950 5T.4T� STREE7. tYHEREAS, the Planning Commission of.the City of Lynwood pursuant tc law, did, on December 8, 1981',� hold a public hear- ing on the aoplication for a Conditional Use °ermi-t to allow the operation of an auto repair shop at the subject address; � IYHERE�S, the Commission has carefully considered all perti- nent testimony oPfered in *_he case as presented at Lhe public : hearing; --=------ _— ` i4HEREAS, the Planning Director has determined that no sub- stantial adverse environmental adverse environmental impacts would result Prom the proposed pro�ect, and has filed a Negative Decla- ration; . � . - WHEREAS, the sub�eot property is in the C-3 zone;- . . NOW, TItEREFORE, BE IT RESOLYED; that the Planning Commission of the City of Lynwood Pinds and concludes as follows: . _- _. 1. That the granting oP the proposed, Conditional U,:e Permit will not adversely aP.°ect the comprehensive General Plan as the si.te of th'e proposed conditional use is designated "Commercial" on the Ceneral Plan Map; 2. That the proposed location of the conditional use is in _. ' accord with the ob�ectives of the Zoning Ordinance o the City oP tynwood and the purpose of the C-3.zone, in that the proposed use is specifically permitted in .. said zone; - - � 3. That the propesed location of the conditional �se and� the conditions.under which it would be operated or main- tained wili not be detrimental to the public health, safety, or welPare, or materiaily injurious to proper- I :ies or improvements in the vicinity, as a Negative De- � clarat?on has been filed; , 4. That the proposed conditional use will comply wi:h each of ' the applicable provisions of the Zoning Ordinance, as j stated in the cond_tions listed below. I BE IT FURTHER RESOLVEC, thax the Planning Commission of the � City of Lynwood approves the application for a Conditional Use � Pernit to operate an auto repair shop at the above address sub- ' ject to the following conditions: �'� ,, , -. . � '\ _ _. . .. __ � j ,"` , , �� ' - ,� ,, � , : a, � � � � � � a, e ^... ' � ,�_J a1os9 - , � � . � :� � -;, . ? 1. That all automotive work be performed.wholly within a building; ,��'� 2..7hat the barbed wire atop the Pence at the front of the build- ' ing be removed or that the Pence be covered with an opaque � screening material and the barbed wire be placed on the inside i �% of the fence; _ 3. That ten (10) parking spaces, nine feet (9') by eighteen feet (18') in size, be painted on the parking 1ot surFace, with wheel stops inserted at the head of each space; - 4. That the subfect property be used solely for an automotive repair business (no body work) per plans submitted, con-' - ditions imposed, and future approved modifications thereto; 5. That all necessary permits and licenses be obtained prior to operation at this location; -- ' `- 6. That all Lynwood Municipal Code and Zoning Ordinance require- � ments be met; ' -� 7. That all required bonds for off-site improvements (Water mains, fire hydrants, curbs, gutters, sidenalks,= etc.) � be submitted prior to issuance oP building permits; 8. That the Conditional Use Permit shall lapse arid become -- "" void, if operation does not commence wfthin-one :(1)=year=� ----",_ 4rom the date of approval; ---. -' _ --- _ 9. That a four feet (4') by three feet (3') section oP side-: walk be repaired; -- - - = � -�=�= 10. That landscaping be provided between the fence at th'e_'" -: _._ : Pront oP the property and the sidewalk.:= --._: . -- 31. That the dumpster be removed from its present location ia front of A& A Automotive's building and placed within-the fenced� _ parking lot of said busi.ness. �'_ - _ 12. That the fence which fronts on Minnesota Avenue be covered w?th opaqse materials and barbed wire be placed on tne iri-. -__ side of the fence. � _ " - _ _ ROLL CALL: AYES: Commissioners Read, Dove, Ranka, Pryor, � � Raymond & Robbins I NOES: Pione _ ! - - _ � - -- - - ... � ABSEN7: None :� .. i APPROVEO AND ADOPTED this 8th day of December, 1981. , _. _ .... r,, �� - - = - -- .. . � 1 . ', r � � Lucille Kanka, Chairperson � I ` `•, Approved as to onte t: _ I '� y/ � �� ,��• � a (�/1�..Aiwt,�.i ,,,, .,� '�\ CHARLES G. GOhI Z, Secret y 1 \ ' \ �Approved as to form:, � � �� •%" - � � � \ /�_, ,' �. � _ -r � _�--' '�� Kurt Yeager,��ssistant City��Atitorney ; ,� � � ' • ; .>> i ''� � _ .t ��:� � � �� N0: � • CAS� �I�J. � 7r�;�'� DATE: June 9, 1987 TO: PLANNING COMMISSION FROM: Vicente L. Mas, Director Community Development Department SUBJECT: Conditional Use Permit No. 87039 Applicant: Geraldine Woods Alfred Preston PROPOSAL: The applicant is requesting a Conditional Use Permit to develop a duplex apartment building at 12144 Wright Road, in the R-3 (Multiple-Family Residential) zone. FACTS• 1. Source of Authority. Section 25-4.2 of the Lynwood Zoning Ordinance requires that a Conditional Use Permit be obtained in order to build or relocate dwelling units in the R-3 zone. Section 25-4.5b8 regulates density bonuses. 2. Property Location. The subject property consists of a single lot between Lavinia Avenue and Clark Street. (See attached Location Map.) 3. Property Size. The subject ..is rectangular in shape arid is approximately sixty feet (60') wide and one hundred and sixty feet (160') deep; the total area is approximately 9600 square feet. 4. Existing Land Use. The property is presently developed with single family residential. The surrounding land uses are as follows: North .- Single-Family' East - Single-Family & Multiple-Family & Multiple-Family South - Single-Family West - Single-Family & Multiple-Family 5. Land Use Description. The General Plan designation for the. subject property is Townhouse & Cluster Housing, and the zoning.designation is � R-3 (Multi-Family Residential). The surrounding land use � designations are as follows: i � I �, � , 1 i • ! General Plan Zoning North - Townhouse & North - R-3 Cluster Housing South - Single-Family South - R-3 & R=1 East - Townhouse & East - R-3 Cluster Housing --- --._...--------._.. _._.._..-- -- West - Townhouse & West - R-2 Cluster Housing - 6. Proiect Characteristics: The applicant proposes to remove the existing double-car - �- garage and build a two (2) unit apartment building. The- development will consist of two (2) two-bedroom units and � six (6) carports located in the back of the property. A six- foot (6') block wall fence will be built on the perimeter of the lot, except in the front yard set back, in which the maximum height is four (4') ft. __—.__.. A total of six ( 6) carports are provided. ___:.____._.__.._.___.__:.___- = 7. Site Plan Review - - At its regular meeting on May 28, 1987, the Site Plan Review "- - Commmittee approved the proposed project, subject to the conditions and requirements stated in __the_......:_ attached__ Resolution. _. _ __ 8. Zonina Enforcement History None of record. ---------- ----- - ANALYSIS AND CONCLUSION: ' � 1. Inconsistencv with General Plan :_._-_-_ -.___---..--- The proposed land use is consistent with the existing Zoning � � designation !R-3) and inconsistent with the General Plan � designation (Townhouse and Cluster Housinq). This inconsistency is expected to be resolved v.pon completion of � a land use evaluation study in the subject area. Upon its � completion staff is expected to recommend that the General I Plan be amended to reflect the existing land use trend and land use designations, therefore resolving the existing inconsistency. i { 2. Site Suitability � _ _._ ` The property is adequate in size and shape to accommodate the proposed development relative to structures, parking, ` walls, fences, landscaping, driveways and other development , features required by the Zoning Ordinance. I �, i � 2 �, I � • � 3•. Compatibility --. The proposed development is surrounded by a mixture of multiple and single family residential developments; therefore, the project will be compatible with the development in the area. 4. Com liance with Development Standards The proposed subject meets all of the development standards required by the Zoning Ordinance with respect to parking; front, side, and rear-yard setbacks; distance between structures; lot coverage; open space and landscaping; building height; unit size and density. --- - �_ -- _ -_ --- -- The base density within the R-3 Zone (18 unit/acre) allows - - - -the development of four (4) units. - � � 5. Conditions of Approval - The � improvements as proposed, subject to - the conditions - recommended by the Site Plan Review Committee, will not have a negative effect on the values of the surrounding properties or interfere with or endanger the public health, -� - safety or welfare. 6. Benefits to�Community - The proposed development will aid in aesthetically upgrading the neighborhood and will act as a catalyst in �fosterinq - other quality developments. Eurthermore, the development will add favorably to the City's housing stock and will provide additional affordably-priced housing in furtherance of the policies of the Housing Element of the__General_ Plan.__________:_ 7. Environmental Assessment This development is categorically exempt from the CEQA requirements as amended Section 15061 Class 3__(,b).. _. _______;.__. __.._..- - - �_ -- __ _- --_.._------ RECOMMENDATION - Staff resp�ctfully requests that after consideration The Planning Commission adopt the attached Resolution No. 2121: 1. Finding that the Conditional Use Permit, Case No. 8703y, wi11 not have a significant affect on the environment. 2. Approving Conditional Use Permit No. 87022, subject to the stated conditions and requirements. ATTACHMENTS 1. Location Map. 2. Plans. 3. Resolution No. 2122. ORDSTUDY3: 87039CUP 3 I j 1 • i i' i__,:_-- �,_.—r I 1 . � +;_ ; i' � ; `� ` 1 `�� 1 � . — � '�. i � , : . _ , ;, �1lN��v , n ^ � .r ; _y— . g � � � � ;;,. � . ' � . ' � m T. 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J a e... .., ? �*,� �'�' � 'RI ll Il K SL � lL LL IL «� O� .�..� us� � .f � 7 v`�r�� ' t ^ ( or�1,0 `♦ r a 'o xa �iRl s N i7 wiy`L' f�y�^"l'� in� �. �0 ��TRTr__ 4ii ll �r�.. Hu h � wm e B o a S ", o o �: a_'I 3, � 3 § I 8 ��ar' �� '-. � Nt/�Nfla u�j s� .. w,.. ., b m. �:- = -- 4 ' - -` uy� < a ` eO'S ° �% + � , Nxs n .� .r �- .. - � ' - • • � ) . - n�. � i iu : � . � � /� M • . E , -., .. `�.. I IN��Y . •. � � t r � _ rR 0�' �` ��.a • - � q ' q IJ S y �w : `} ��ac •w '' � N '� . S €. •� o a� i E n S o" � a. d � # i x� �G i„4,� � i � N o��x `w ii ' t �� 4 �7. l � ' � .. _ `.� _ _ _ _ ' ' _ c ' '_. .�61K C � A �_..� M=...s� CC µ:n' ' `L�`� _... �v,. � K .i� � �_ t~c�t?�__��__.—�— _.-- . ,. � � �'iO39 RE30LUTION �u. 2122 - _ _- - .- . . _ ..__.�.-__..____.._...._..___-a. __ RESULUTIO� OF TFIE PLA�\I*iG CV�I:`1�SSIOti OF TH� - .. _. . .___._CITI' OI L1l�SaObD AI'PROVI'�iU - C'.OVDITIOti:�L - U3E - - -----..----- - PER^lIT V0. 8 i 039 TO CONSTRUCT TSdO (.2 1. li\'ITS IN _-- - THE R-3 tMUL"PI-FA`1IL�° RESIDE\'CIaL ZO\E; ' 12144 _ WRIGHT R0:1D, LYtiWOOD, CA. _..__. _ --- -.---. ._- -- - [+'fIEREAS, the Lynwocd Planning Comriission, pursuant to_.._ _.:.--- "" i.aw, -conducteci a public hearin� ori subjcet"applivation fcr a ___ '" Condi �ional L�se Yermi �; and --"' � WHEREAS, the Planning Comm.ission caref.ul.lp_consids-red "- _----' all pertinent testimony� offered at the public hearing; and ____---- �'-"` WHEREAS, a Conditional lise Permit is required for --- - ----- _ in the R-3 (?Nulti-Famil,y �Residential) zorie. • - __ �_. .. ---- _ -- -- - - ----- --- _--`-'"_" . S0Ct10R 1. ___r'� -� "The Plannins Commission hereUy- finds deter�aines-as ------- - ___._ - r _.._--- - follo�.s: _ _ -. ` ----___ - _._,_--- _ �.. The site of t:ie proposed use is"`"adequate in size f __. _.--_- - and shape to accoeunadate the strucL parkin�, __ --- ___ -- c:alls, landseaping, d:iveways anci other _ -- developnent featu! required Uy the Zonin�' -" -� _ .. — Ordinance. . _._-- __. --" ' B. The aranting o� the proposed Gonditional lise _- -- _ Permit; �ai�l noc adversely a`_'fect tiie _;,�-:icaood - - General Plan. -'-" -- "y C. The structures as proposed, or modified, suu.ject: --- ' to conditions, will noi have a»e�ati�� effect o�i _ ' the �-alues of surrounding properties or interfere _. ' -'"c"a`i.th o�:• endanger the public health, safety' or -- ` �i � _ _ - " weifare. _ _ _.. � U. The site zci11 Ue cieveloped pursuant to the current � zoniny re��u:ati.ons anci site pian submitted, _. � -` re��iec�ed anci ai�pt�oveG b� t}:e Site Plan Rev�ec.'__ , _ I �: Committee. �. The pronosed deve:opment caiil adc: �'avorabl�' to the � � housing stock ar.d uili prov.icie addici��nal j affordably pri::ed liousing i� concert �+ith the ' � pclicies cf t7e Housing Element te thz General � Plan. I F. `:he n�oncsed de.elor�ment t.:il aid in aesthetica:l�� , un�r3d.in� r,hr: area an.Y w;.li act as �_ cutal,yst i.n i foster.in� oiher qi.a�ic� clece].ogm=r.ts. j Se�,t�or� s, Th<; Plar.nin,' Co:�missi.on of the City- oi li�r.�aocd, ba�ed ' u:�on the a:"orementioned findings and determinations, iiereb� � ,tippro�es Conditi.oi;a� i;se Permit, Case :�:o. 8iO39, pro�-icir_d *..he ' foliowin� concitions are observeci a::d co:nplied i..ite aY. ali times. I i I I . . � � . � PLA?:NI�iG DIV"ISIUN CONDITSO�:S :. a11 requii�em��nts oi �11 City departments sh�l1 L� met. 2. A1� uitti� of. Li-r.woou ?lunicipa:l Code and 7onin� Ordinance requirements slial.l Ue met. 3. The applioant or his representative, shall si,n a Stat.ement of acqeptzznce statirp that he/slie has read, understands, and a�rees �o the conditicns of thi.s resoLuti.oii caithin fif:eer (15) days from tl�e datr of approval of said resolution b5• the P].anning Commission. 4. T}ie tota.l development will consist of ti,-o (2) residential apartment L:nits alun� w.ith parlcin� and o�her ameniti.es. 5. A mini�num oF sis (6) parl�ing spaces sl�all. be pcovi.ded. At � least three (3) of the total parl:ing spaces shall be unuo�'ered 6. 1 minimum if twent',y-five perce.it (2�l) of the lot shall be �andscapec: and provided with an automat:c i.rri�a'ticn stis'tem. i. AparY,ment builcting and unit rii.imbers shall be plainl,y visible and shall be a minimum of four inches (=�"; in hei�ht ard skiall. be cor.trasting in color to the Uacicoround. 3. T}ie Community Developmert Department shali have the ri�ht of reasonable inspection, as with an;- other business c:ithin the City, for the purpoae of protecting the oeneral heaith, safety and welf:re. 9. A Y,rash enclosure shall be pro�-ided. per Builctiiie Divisior. standards. 10. Al1 construction shall be performed b5• a lirensed cont_actor. 11. A landscape plan shall be submitted ar:d anproved prior to receiving bui.lding pe 12. ?to principal builcine on tPie site shall esceed a hei�ht of thirt5--fire (30') feet. 13. All driveway anct parking' areas shall be pa�-ed, and sha'1 have sufficicnt illumination for secur.itp. 1!. Construction shall. be complet.ed within s:-; (5) months frcm clate of issuance of build.ino nern:its. 1�. The Conditional lise Permit shali beceme nu11 a�ici �oid if comp li.ance under the fore�oin� conditions 3i�es nct cosme!ice c.ithin ninecy {90) da�-s f'rom the date or. ca;�ich ,i:e Conditionai lise Pernit wa= �rar.ted. 16. a masonry wa11 si� feet (o') ir. heiahi s7a11 be cor.structer: aion� the perimeter of �he proper��, e:cc�pt wiihir �he .,wenty foot, ; 20' ) front yard. setbacic, �ahicil stia7..1 not: �scecd four. reet 1-�') in hei�rt. .,.,, � � • � FIRE DEPARTMENT CONDITIONS 19. Provide smoke detectors for each unit. 18. Provide approved portable fire extinguisher within 75 feet travel distance for each floor. 19. Where Security Bars are placed on bedroom windows, they shall meet requirements of U.B.C., Section 1204. 20. Post "No Parking" sign in driveway. PUBLIC WORKS DEPARTMENT CONDITIONS 21. Submit a grading plan signed by a registered Civil Engineer. 22. Construct new sidewalk in front of the property along Wright Road. 23. Reconstruct damaged and substandard drive approach per City standards. 24. Construct two (2) wheelchair ramps at northeast and northwest corners of Wright Road and Clark Street. 25. Regrade parrkway and sow grass seeds. 26. Install one (1) marbelite street light pole and light fixture underground services and conduits at 18 feet South of southerly property line on Wright Road per City standards. 29. Connect to public sewer. Connect each building with separate lateral to the mainline. 28. Undergrround all utilities. , Section 3. The proposed project is categorically exempt from the CEQA requirements as amended Section 15061 Class 3(6). Section 4. A copy of this Resolution shall be delivered to the applicant. APPROVED and ADOPTED this 9th day of June, 1989, by members of the Planning Commission voting as follows: AYES: � NOES: ; ABSENT: I 1 ABSTAIN: , � � Lucille Kanka, Chairperson � i i APPROVED AS TO CONTENT: APPROVED AS TO FORM: i j Vicente L. Mas, Director E. Kurt Yeager, General Counsel � Community Development Department ! Resolution: RES02122 i � � i � � , _.!�---._, • ��7�� i � �i�� o, � � � � . CAS� f � 7 0 �/ 87041 DATE: JUNE 9, 1987 TO: PLANNING COMMISSION FROM: Vicente L. Mas, Director Community Development Department SUBJECT: Home Occupation Case No. 87041 Applicant: Samuel Sevilla PROPOSAL The applicant is requesting a Home Occupation Permit in order to make pillows in his home at 3527 Euclid Avenue, Lynwood, CA., in the R-2 (Two-Family Residential) zone. FACTS 1. Source of Authoritv. Section 17-92 of the Lynwood Municipal Code permits Home Occupations in any zone in the City. However, after notice by the Licensing Department, if one objection is received to the proposed home occupation, a determination is to be made by the Planning Commission. 2. Property Location. � I The subject property is a single family dwelling at 3527 Euclid Avenue, Lynwood. i I 3. Public Comments. � ; Four (4) objections to the proposed use were received in the � , Office of the City Clerk. (See attached.) i ANALYSIS AND CONCLUSION The applicant is requesting a permit to make pillows in his home, and he will take them to sell at swapmeets. The proposed use meets the criteria for the issuance of a Home occupation Permit. � The proponent has been informed that advertising must not be displayed on the .premises and that the business should not ' generate �y additional vehicular or pedestrian traffic. The � applicant claims no delivery or pick-up of materials by clients will occur. The applicant has signed the Home Occupation Policy Statement. He has been advised that the home occupation shall be incidental ; and secondary to the use of the residence. Staff does not find this proposed home occupation to be detrimental to the character of the residential neighborhood in which it is proposed. i - _----- - - - - - � � � RECOMI�IENDATION Staff respectfully requests that, after consideration, the Planning Commission adopt the attached Resolution No. 2126.: Approving Home Occupation Permit No. 87041. Attachments: 1. Objections received 2. Resolution No. 2126 -- - - - - - - -.. _ . - . _ _. , � I ---�_- ------ - ----- I . ___ _ � ' � ------- ----------- ' . � � . � i ' i Revords: 87041H0 � --- - - - -- ------- - ' � _ � � ; -- ----. .._ ...-------. __ . �. - -- � . j#� : � C�TY 0F LY�J' �100D �.:..� -� �.� � ' , �1��'�'�' �f�IC�' ��i��t°� o�,rE: �_�o-t;� . TQ � Plannin�; llept . - FROH: Licensing Dept. SJB�ECT Horne Occupltion Objection ,., I do �� do not •�oki•ject to the business of Pi ll o w ma k i ng ---� -•� , _ - � being conducted-"by •� aMUe1.:�Se.vil�la _ � � within the home located at 3527.Puclid Ave, . (.j � y �'� j � / ; � /� //(� � �/C.Y�J . i vy� 7..Gt�r`/G J� �l - signature c a/J ,L/) G<. v i.l,�� .y�-�� . . . . ,�-'�..Q-LfI — ( � .� .. {. /'- n�/ � �y i.�1_��( . �.:[,�C. �-C.v j _ L'"� 'Si7 ( / i Lli'. �r' � ``,�, 7 address , _.. 1.�6'v� L�L C��•L- ". i . , �tL .,�l� .�a.�o.L..a.. ,j�a`� t�:� �- �%�i '3 l/— l �-' --rY /.. � , _ telephone � �-�,� d��.�. �-- ,c��c . . � �,��u i� y. � _ �� l , _- /�. /, � �- �'LJ�� -Z_�L� �.l'.�r�' /�� /.iC....��.�.� ..1-�`4 i. � .�: (Y �V"'� .-`�-r7� i �1v��"� V .l.:"C.�'r li��"��.1_�� i ` I I ' � • I f . i I � _ _ I � __ __ _ _ , , l . ; � • � � ' ; . . . �: ; . 7 � ' 7 _ ""__._._..___'"""""' . .. .._ .. ; :,t�t ; _ ClTY 0 F LY�i��00 D g�°�' ..�.-� ,' . =�� + . ; �n�� ►��c� ��r�� I OrtTE: 4-2S:-F,7 , � T0 Planning Dept. I _. fROcl: Licensing ' S Iiorne Occupation Objection _____2 do . �� do not object to the business of_. pillow making ____ being_conducted by S1mue1 Sevilla wicnin tne home located a� 3527 Euclid-Ave. � � _ i , , - .. — ----------------- . ',C � . ��,� , � .� ,� � `�,.:._�.� � %� "1 � signature ` - _________"___. ___-._-__' .� " ' L / ,e- � - / � ,,.�.� . . � JL�:�G't..c28 /. �� .�`i�C��_-� . address " � ; � � � �- i> � � .� -zz - ��'' ; . .. telephone date ' I _ ; . �• i - - - - - _ -- -- _ _. - , I ' � - i ; , - � I ' , I I —_ _ ; i .. -I . .• . . ' ' • �t w •, � : . • . ' • . � � � � • . ' . �..�: I � . � i ' fi: � ' �`r �. i � .: �. � -._ . _ "-___' __—_—__._..._' --�+- I � . .."'._._____- ' � i ' . � J . , �. ; ��;� � CITY OF LYN�lUOD , �.�,.�� i �� 11770 6UW5 ROAD . , tYNWOOD, GAIIFOItNIA 9026I I • . - (210) 377-0800 " � - :•' ' '� , � � OMIu sf th� CdY tl•h .�; � `VN � �� i ��'�� l E �-" �+ JU� April 17, 1987 1 , C�S� Ur .� n r.. ,'. f^ J. C1T� ,. �.� �, c� . � y �,; :t P`' � � c: r, H, I, Silvis , , �t-•• ,�1, �, � 3525 Euclid Ave. �- tti'� g��11t�'�� Lynwood, Calif, 90262 . 'Y1 �;; - � . . �. , .. . � .'4' � . . . ' . - ';.� . , . � . .. .''�. � . - _�:,,_. ��ar _Prnpertq_.Owners• =:----' _�_s � Samuel 3evilla Has made application to conduct the._;� business.of pillow making • within his home ' at 3527 Euclid Ave. ' . ='�F `-.- - �-DnTess__written_.objection is filed at my office within ten�.�� '- (10} days from the date this letter was mailed, provided th�, � ---ap�lican�.is__otherwise qualified by. law and: ordinance, :I shall "" - - - - � - issue a home occupation license.to the appl�.cant. An answe� __�y_you.u_on_.the_reply form attached: "I do not object to tha:�"--: �;- � -business etc.," and the receipt of the reply.form within said —. =- =- ten—(lOJ__day_._period in the License Collector's office shall, n I - constitute sufficient compliance.. �;� ; �:. ; • . �. -- . --- — i Verg truly yours, ?,? � ; i�: I >, i � � I / LEl� �' __� • � � . -. � ; �. � (Mrs.) Patricia M. Saldi ' ;� '� ._ . License_Representativa.. ._-_. ; ..._.. ..._._. _ _ _. _ -- � � � _ �� i .. ; ; �. - , �;? ( enclosures •� ;.�:. . � a i ` � '� �Y """� � � �� ' ` ' � i / (JZ--n— �—� Q� a �-c/� I � . � :, � � �� ' � t I / I � / ��.' I � l � • `fi i 3' :� :. j. j , r: 3 j a , a, 1 , + , . • � ; • ' �;: ,.�: . ; � � .. � �� ; . --___.. _.. _ . _--- - „� ; � � _..��t = � .,:� CITY 0F LYN'�100D � . � � � �� '�� . � �� f�e�� . ' O�TE: �-27-a7 • ; . � T0: Planning i � � �. ;a;z =' �:'�:;� .,.. . ; �: : .. I FROM: Licensing �tr��•�.ii'��:'_:'� . APR 2 s 198? I SUB�ECT Hooe Occupation Objection . v3 � L J�JI Z.�� i� ��15 R�� -> �ti.r�.:, �. !:�`•!. �r�_ ; � ., ' (also letter attached) ` . � _ _ - . . � , __ I do�_do not ' object to the business of Pillow:making �'--� being conducted by 4AIIUe1 Sevilla _� _ _. . � : :.� - __._ .. _ within the home located at 3527 �uclid Av . . .,� .. . ... . _ _ . . � _-: . _... .._. _. :/r_-- ; : : ` . . � � Y \ signature - - - _ �� '�l , --_ ( /`�C- 0 � � . Cr � - ' � : �_. � _.'.. . :.---\ . - , - ��/___.. c�� G � , �� C •�'. address . - . � .�'�� :. • � � . ;(, ✓ . � . C�' J' ,,�� : ° : `- ,-l_�^�'J-�(�� k_. t�i �J� '1� — � ci�. j �. �; a l 1�>>' _ telep one • date -- -- -• •• � . . � _ _ ._ ... -- - _ - _ -. _ - - ,- • =.- ; ' ,i ' _. __ .: :. � , � �_ , ; � � • ; ;� ,� �; i a�. . . � � 87041 RESOLUTION NO. 2126 A RESOLUTION OF THE PLANNING_COMMISSION OF THE THE CITY OF LYNWOOD APPROVING A HOME OCCUPATION FOR SAMUEL SEVILLA TO ESTABLISH A ROOM IN HIS HOME FOR PILLOWMAKING AT 3527 EUCLID AVENUE, LYNWOOD, CALIFORNZA WHEREAS, the City of Lynwood has received.an application for.__. _ a Home Occupation Permit to allow pillowmaking in the residence at subject address; and WHEREAS, several objections to the proposed home occupation _._ were received and the Planning Commission is required to conduct a public hearing with respect to the proposed application; and .. WHEREAS, the Planning Commission, after giving notice�� as - - required. by law,. conducted.a public hearing on said application and considered all pertinent testimony offered in the case;.and ` !� of the City of HSREB� - RESOLVE as follows: Section 1. The objections cannot be substantiated. � � -------- --- _. . : � - - - - --- - < ._ ... _ � Section 2. The Planning Commission hereby approves the �' -._._,Home-Occupation-application of Samuel Sevilla to make pillows in � his home at the above address, subject to the following conditions: � 1. The carrying on of any business within the home shall � be a secondary use. + � 2. The-business shall not occupy more than 400 sq. ft. � or twenty-five (25$) percent of the ground floor � s ace nor an ! p , y part of the garage. I I 3. No employees or assistants shall be engaged for , service on the premises. � 4. No stock in trade shall be ke t for dis la � on the p P Y Purposes gremises. 5.. The .use shall not generate pedestrian or vehicular traffic in excess of that customarily associated with � the zone or district in which the use is located. 6: The use shall not be such as to require delivery by commercial vehieles or supplies of-materials to or i from the premises. I 7. No use will be permitted which by reason of color, � sign, materials, construction, lighting, signs, sound, � noises, or vibrations alters the residential character ; of the premises or which unreasonably disturb the peace and quiet of the neighbors. � S. The use shall not be ssuch as to create excessive demand for municipal or utility services or community facilities beyond those actually and customarily ' provided for residential uses. ' i i I � .. • ! 9. The following occupations are specifically excluded: Real estate sales, beauty shops, doctors' offices, barber shops, cleaning and dyeing, shoe repair, and sale of firearms.. 10. Stored materials used in connection with the home _ " occupation shall not exceed 300 cu. ft. nor stand more than 6 ft. in height from floor level. Total business usage will not increase the fire load by more than five (5�) percent. 11. The building and fire prevention inspectors shall have the right of reasonable inspection as with any other _ business within the City for the purpose_df protecting - the general health and welfare. 12. No sale or other customer pick-up or delivery shall be . _ conducted on the premises. -_-- . _ _ : , _ Section 3. Failure to comply with any of the criteria set.. �. forth in Section 2 hereof shall be cause for revocation of the permit hereby granted by the Planning Commission. ._ ... . ._. ..- - Section 4. A copy of this Resolution shall be.delivered to - the applicant. � �-� APPROVED AND ADOPTED this 9th day of June, 1987, by members - of the Planning Commission votinq as follows: -._ -__;,_ __ _ � - - . AYES: ------- - _._ ...._ ; . . i _ .. -- ---- - =� . _ -- -.. - - - NOES: _ -- - ' ---- `j - : ABSENT: " . =.I ABSTAIN: � , - - --- :I _ .i Lucille Kanka, Chairperson � - .� ' APPROVED AS TO CONTENT: APPROVED AS TO FORM: . J i ' � I . .. - I Vicente L. Mas, Director E. Kurt Yeager ? Community Development Dept. General Counsel - REVORDS:RES02126 _�-_ . � e "�.` `��;:f� ��0,.�. :_ ;�; s � � �� _ i°,. � � � � � CA� �. � �� . ,�.__$�..�:.�.�, DATE: June 9, 1987 TO: PLANNING CO[�'ID'IISSION FROM: Vicente L. Mas, Director Community Development Department SUBJECT: Proposed Ordinance to ReQUlate the Sale of Alcoholic Beverages - Case No. 87048 PURPOSE To present an ordinance amending the Lynwood municipal code providing additional City wide regulations for establishments selling Alcoholic Beverages. FACTS 1. On March 3, 1987, at Council's direction staff submitted a report on further regulating the sale of alcoholic beverages in the city and the options to revise the liquor ordinance. This directive from Council was prompted by the perceived proliferation of establishments selling alcoholic beverages and the resulting negative impact on the community. Council reviewed the report and directed staff to include option A of staff's recommendations in a draft Ordinance amendment for further consideration by Council. This report was submitted to the Planning Commission on March 10, 1987 for the Commission's review. 2. On April 7, 1987 Council directed staff to prepare a final draft of the proposed Ordinance amendment for consideration and approval by the Planning Commission. 3. On April 14, 1987 Staff submitted the draft report to the Commission for review and comments prior to the public hearing of June 9, 1987. 4. State law requires that the Planning Commission hold a i public hearing and after consideration of public input make � recommendations to the City Council. The City Council then I makes the final decision to adopt or not to adopt the ; proposed Ordinance amendment. I I ANALYSIS � The proposed amendment to the Zoning Ordinance addresses both the � "on-sale" as well as the "off-sale" of alcoholic beverages. This amendment contains provisions which further restrict the I proliferation of alcohol-selling establishments as well as imposes more restrictive controls for the operation of these establishments. , i ENVIRONMENTAL ASSESSMENT � i The restriction of these uses both as to location and the '' requirement that a Conditional Use Permit be issued involves only � a procedural change which does not effect the environment; , therefore, it has been determined that the proposal is exempt from ; the provisions of the State CEQA Guidelines, as amended, Section � 15061 (b) (3). Actual project applications will be subject to environmental review � when they are filed. , i i 1 � I I � � RECOM[+11ENDATION Staff respectfully request that, after consideration, the Planning Commission adopt the attached Resolution No. 2127: a. Finding that the determination of Exemption is appropriate. b. Recommending City Council adoption of Ordinance ____._ _. No. 1293 pertaining to. the City.wide regulation of establishments selling alcoholic beverages. Disk 10: 87048 . i _ j 2 � � 81048 RESOLUTION NO. 2127 A RESOLUTION OF THE PLANNING COMMISSION ' OF THE CITY OF LYNWOOD RECOMMENDING, WITH REPORT AND FINDINGS, THAT ORDINANCE NO. 1293 BE ADOPTED BY THE CITY COUNCIL, AMENDING THE LYNWOOD MUNICIPAL CODE AND OFFICIAL ZONING ORDINANCE PfiRTAINING TO CITY-WIDE REGULATION FOR THE SALE OF ALCOAOLIC BEVERAGES. WHEREAS, the Planning Commission of the City of Lynwood did initiate a hearing, pursuant to the Lynwood Municipal Code, pertaining to the subject amendment to the Lynwood Municippal . Code and Official Zoning Ordinance within the City; WHEREAS, the Commission reports that legal ppublication was made in the Lynwood Press, that notice of public hearing was posted, all as required by ordinance and in the time required by law; � WHEREAS, this Resolution with the findings and recommendations herein contained, along with the record of the proceedings of the Planning Commission, as well as all exhibits in this matter, shall constitute the report of the Planning Commission to the City Council. Section 1. The Planning Commission hereby finds that said i proposed amendment should be adopted for the following reasons i and findings. A. The proposed amendment to the Lynwood Municipal Code is � necessary in order to better regulate and control the � sales of alcaholic beverages in the City, to further � , reduce the negative impact in the community created by this land use. � B. The development of t:ie proposed ordinance is based on an � extensive evaluation of current commercial conditions in � the City, and current trends in the regulation of the establishments selling alcohalic beverages. C. The proposed ordinance is in conformity with the Lynwood � General Plan. _ I Section 2. The proposed project is exempt from the provisions ' of the State CEQA Guidelines, as amended [Section 15061 b(3)]. APPROVED AND ADOPTED this 9th day of June, 1987 by members , of the Planning Commission voting as follows: . , � � ' ' ' AYES: NOES: ABSENT: ABSTAIN: Lucille Kanka, Chairperson ATTEST: Vicente L. Mas, Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: Vicente L. Mas, Director E. Kurt Yeager ' Community Development Dept. General Council RESOLUTION: RES02127 � ,' � , � i i I j ! � � � � i I .. . � � ORDINANCE NO. 1293 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY LYNWOOD AMENDING THE LYNWOOD MUNICIPAL CODE BY PROVIDING CITY-WIDE REGULATIONS FOR ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES. THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, RESOLVE AND DETERMINE AS FOLLOWS: SECTION 1 The City Council hereby finds and determines that Ordinance No. 1266, December 3, 1985, shall be repealed in its entirety. SECTION 2. Section 25-16.20 pertaining to on-sale liquor establishments shall be deleted in its entirety. Section 3 A new subdivision pertaining to on-sale and off-sale establishments shall be added as follows: "25-16.20 Liquor Establishments The purpose of the regulations of this part, pertaining to establishments selling alcoholic beverages is to restrict the location of such uses in relation to one another, or to facilities primarily devoted to use by children and families and the general public, thereby limiting the number of such uses in the city and, in addition, effectively preventing undue concentration of such uses. A. Conditional Use Permit Required. Upon the effective date of this ordinance no place wherein alcoholic beverages are sold, served, or given away for On-site or Off-site consumption, shall ' be established without first obtaining a Conditional � Use Permit from•the City of Lynwood. i A copy of the conditions of approval for the Conditional ' . Use Permits must be kept on the permises of the � Establishment and be presented to any Peace Officer upon ' request. i i B. On-Sale Liquor Establishments. I 1. Definition I An on-sale liqour establishment shall mean any � establishment wherein alcoholic beverages are sold, served or given away for consumption on � the premises including any facility which has i obtained an Alcoholic Beverage Control license � type 41 (on sale beer & wine eating place),type � 42 (on-sale Beer and Wine), type 47 (on-sale ; general restaurant), type 48 (on-sale � general bar), type 51 (club), type 52 (veteran club) and type 63 (Beer and Wine hospital). ' Typical on-sale uses include but are not � limited to the following establishments: ; 1 � . , � � ballrooms, dance bars, piano bars, billi.ard and or game parlors, night clubs, or other private clubs, and veterans clubs 2. Reauirements for On-Sale Liquor Establishments 2.1 No on-sale liquor establishments shall be maintained within three-hundred feet (300') of any other establishment wherein alcoholic beverages are sold, for on-site and/or off- site consumption, or any property zoned or developed for residential purposes,-or from _ such consideration points as schools"(public and private), established churches or other places of worship, hospitals, public parks and playgrounds and other similar uses, - except that veterans clubs and"�bona "fide restaurants may be closer than three-hundred feet (300') of property zoned or developed for residential purposes or any of the . referenced consideration points. �� ., 2.2 A masonry wall of six feet (6') in height shall be constructed around the parking area -- of such establishments when said� - area' - 'is° ------�--� -- -:- - adjacent to properties zoned or used for _ __ - residential purposes or any of the above referenced consideration points; . - .. _ 2.3 The noise levels generated by the operation :..-..� . of such establishment shall not exceed 60 dBA _ on adjoining properties zoned or used for residential purposes; � 2.4 Exterior lighting of the parking area 5fiaT1 "'"" �----"-------�- : _ be kept at an intensity of between one (1) - and two (2) foot candles, so as to provide adequate lighting for patrons while not disturbing surrounding residential or . commercial areas. ' I _ 2.5* The sale of alcohol beverages for consumption � ._ _ off the premises shall be prohibitted. � 2.6* Food must be served at all hours that the � establishment is open for business. � 2.7* The Planning Commission reserves the right'Co --- " -------- �--� impose additional corrective conditions i , should they be proven necessary for the i protection of the public health safety and welf are . � - .. � 2.8* "Server training" and "server intervention" '. I � programs to educate establishment's staff-and j management in responsible alcohol service � shall be provided by applicant. � 2.9* Special security measures such as security � guards, and burglar alarms systems may be � required. ' � * New Requirements 2 � � � � 2.10* The applicant must bear cost of modifications or cease operation if harm and or retail related problems are demonstrated to occur as a result of anti-social behavior, including :_ _,._ but not limited to the congregation of minors, violence on site, drunkeness, � vandalism, solicitation and litter. C. Bona Fide Restaurant 1. Definition � 1.1 "Bona fide restaurant" shall mean a place which is regularly used and kept open for the serving of ineals to guests for compensation and which has suitable kitchen facilities for the cooking of an assortment of foods which may be required for meals. 1.2� -A minimum of fifty-one percent (51$) of restaurant's gross receipts shall be from sale of ineals. The owner/operator._ shall submit evidence of total meal sales to the.... _-_ -- accounting Department of the City of Lynwood, _ upon request by City officials, for the _i purpose verifying compliance with this- _, section. - - i _ - 1.3 "Meal" shall mean the usual assortment of -- -I = foods commonly ordered at various hours of ; _! - the day; however, a menu offering food and __. � victuals such as sandwiches, snacks, and/or .. . � salads only, shall not be deemed as being in - compliance with this requirement. � 2. Exceptions to the On-Sale requirements. i - 2.1 The "Bona fide restaurant" use is exempt from � . the following sections in this ordinance namely: section 3B.2.1 (distance requirement) ' � 3B.2.9 (security measures) , All other On-Sale requirements indicated in_ � section B.2 remain applicable to Bona fide restaurants. � % - _ - � D. Off-Sale Liqour Establishments. � ? 1. Definition An off-sale liquor establishment shall mean � any establishment, store, convenience market .. including any facility which has obtained a Type 20 (off-sale beer and wine), Type 21 (off-sale general ), selling alcoholic beverages in an unopened container for the � consumption off the premises. Typical off-sale establishments such as food � markets, supermarkets, drugstores, liquor stores, convenience markets, etc.. * New Requirements i 3 � i � � 2. Requirements for Off-Sale Liquor Establishments 2.1 Off-Sale liquor Establishments shall not sell or store motor fuels on the same premises as alcoholic beverages. 2.2 No off-sale liquor establishment shall be maintained within three hundred feet (300') of any other establishment wherein alcoholic beverages are sold for both off-site and on- site consumption or such consideration points�� - -�- � as schools (public and private), established churches or other places o£ worsFiip;` ---� - hospitals, convalescent homes, public parks, and playgrounds and/or other similar uses. . The distance of three hundred feet (300') shall be measured between the nearest entrances used by patrons of such establishments along the shortest route intended and available for public passage to other establishments or to the nearest -- property line, or to the nearest. property_ - �. - line of any of the above referenced - - � � consideration points. __. _ , __ i - 2.3 A masonry wall of six feet (6') in height - .. _ I shall be constructed around the parking area of such establishments when.sai� area is-� � adjacent to properties zoned or used for I " ' - _ residential - purposes, or any.of the above _ - referenced consideration points. ---- � ' _ . . _ _ . I - -. I � _-. .. 2.4 The.. noise..levels generated by the..operation_ _ � of such establishments shall not exceed 60__ _! dBA on adjoining properties zones or used for � residential purposes; ; -------- .I 2.5 ._Exterior lighting of the parking area shalI �" -� be kept at an intensity of between one (1) , and two (2) foot candles, so as to provide adequate lighting for patrons while not � disturbing surrounding residential or I commercial areas. _ i 2.6* The operation of video, or any other. � electronic games are prohibited in ' .conjunction with the sales of alcoholic beverages. ; 2.7* The sale of alcoholic beverages for , consumption on premises shall be prohibited� -��"- , The premises shall include the establishment proper and/or the appurtenant common areas if � located in a commercial center. , 2.8* "Server training" and "server intervention" programs to educate establishments staff and management in responsible alcohol service must be provided by applicant. � 2.9* Special .security measures such.as security guards and burglar alarm systems may be . ; required. I " New Requirements 4 , i I � . � � 2.10* The applicant must bear cost of modifications ,...._ or cease operation if harm and or retail __ related problemd are demonstrated to occur as a result of anti-social behavior, including but not limited to the congregation of minors, violence on site, drunkeness, vandalism, solicitation, and litter. 2.11* Liquor sales shall be permitted from 9 a.m. to 9 p.m. seven days a week only. 2.12* Exterior public telephones may not be located . on the premises. _ 2.13* "Sophisticate" magazines shall be located for sale only behind the counter and shall be stored in racks covered by modesty panels. 2.14* No exterior, or frdm the exterior visible, advertising of alcoholic beverages shall be permitted. 2.15* Exterior storage of any kind is prohibited. _.: _... 2.16* Litter and trash receptacles shall be located at convenient locations inside and outside - establishments, and operators of. such -- - -- establishments shall remove trash and debris ,__ _-.. - - on a daily basis. : - -.._ -- - 2.17* Paper or plastic cups shall not be sold in:_... _. - quantities less than their usual and:: -_. customary packaging. - 2.18* The saleof beer shall only be by the six-� pack, case, or larger quantity and not by_ single cans or bottles. _ :_ . 2.19* Fortified or dessert wine sold shall be in sizes containing no less than 750 milliliters (fifth of a gallon). E. Existinq Establishments Selling Alcoholic Beverages (On-Sale and Off-Sale) I i - 1. The requirements of this Ordinance applies to all,- - � -= existing establishments. Any establishment which:: � sells alcoholic beverages for on-site and for off-site consumption existing prior to the � adoption of this Ordinance shall be considered to � have a deemed-to-be approved Conditional Use -- Permit under the provisions of this Ordinance ! regardless if any of these establishments_ � obtained a Conditional Use Permit under the � provisions of a prior Ordinance. If any such establishments constitute a threat to the public _ health, safety or welfare or creates a public nuisance due to illegal drug activity, public drunkenness, gambling, prostitution and i solicitation, lewd conduct, harassment to passer � by, panhandling, etc. may be required to cease � _ operation or apply for a new Conditional Use ; Permit. � i * New Requirements , i 5 � I G. ' � • 2. Any establishment lawfully existing prior to the effective date of this section and licensed by the State of California for the retail sale of alcoholic beverages for on-site consumption, so long as otherwise lawful, may continue in existence, provided said establishment remains in use. In the event that any such establishment ceases to operate or discontinues operation for three (3) months or longer, such an establishment shall not be permitted at the same location. The burden of proof shall be on Business License applicants to determine if and when said establishment was in operation. The provisions of - Section 17-39 of.the Lynwood Municipal. Code,. - regarding transferability, shall apply to . Business Licenses for said establishments. ... 3. The Planning Commission shall establish an accelerated abatement program for existing non- conforming establishments not to exceed five (5) . years. Existing businesses have.5 years to come - - into compliances. - - - -- - F. Non-transferability of license . -; - - - No license, issued pursuant to this Ordinance- shall be transferable. � - - . G. Planned Commercial Development •- Any establishment located in a Planned Commercial - Development shall be exempt from any restriction _.- -- relative to location. � SECTION 4 - -- Chapter 25-16.17 of the Lynwood Municipal Code pertaining to Service Stations is hereby amended by adding . thereto the following: -, ._—_____._.!1.25-16.17 Motor Fuel Providers and Service:_ Station_______ — - Standards." --------------- -= Prohibited Uses. The sale of alcoholic beverages, - � including .beer,. wine, malt .beverages, and distilled spirits for off-site consumption shall be prohibited." _ - SECTION 5 � - Section 25-8.1 of Chapter 25, the Zoning Ordinance shall be amended to read as follows: Restaurant, tearoom, cafe, cocktail bars, �� provided that _the requirements of Section 25- � 16.20 are met. i SECTION 6. � Section 25-8.1, item, shall be deleted in its � entirety. ' I * New Requirements I � 6 � � . .. . �� SECTION 7. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion, of this.ordinance, or the application thereof to any person or place, is for any reason held to be. invalid or unconstitutional by the decision of any court or competent jurdisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or its application to other•persons or places. The City Council hereby declares-that it. would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions, or the application thereof to any person or place, be declared invalid or unconstitutional. ::_ ... --------_. _ � - - - - ' ... _ ._ ._ - i _ f -- --------- ! ORDSTUDY: ALCOHOL � I ,•• � �,. • i t,� n"C�iu�;�� $�o � � � � CASE [`�0. ,.�..�.�:Q.��;�' . DATE: June 9, 1987 TO: PLANNING COMMISSION FROM: Vicente L. Mas, Director Community Development Dept. ______SUBJECT: Proposed Ordinance to Regulate Multiple Tenant Retail Sales Centers - Case No. 87049 PURPOSE - To present an ordinance establishing regulations to govern multiple tenant retail uses in the City. FACTS - On Apri1 21, 1987, the City Council adopted Ordinance No. 1290 • extending the interim urgency ordinance prohibiting. the establishment of multiple tenant retail sales businesses in any commercial or manufacturing zone,, pending a study and report by the Planning Commission on appropriate land use controls for such businesses. Presently, there are no regulations in the Lynwood Municipal Code �i which address the proposed use. The Council determined that such � businesses could .create public nuisances, unless proper � .mitigating measures are implemented. The need for the proposed � ordinance in Lynwood is thereby justified. � The proposed ordinance has been designed to comport with the � current Zoning Ordinance in style and form to allow the Planning � Commission the flexibility to deal with the current uses and any new use which may occur. � i ANALYSIS AND CONCLUSIONS i -The proposed ordinance requires a Conditional Use Permit for all i " blultiple Tenant Retail Centers in the C-2, C-2A, C-3 and PS zones. - Further, the ordinance provides specific development standards, such as: � 1. Minimum gross floor area of 10,000 sq. ft. ; 2. Minimum floor area of vendor space - 200 sq. ft. j � 3. Minimum landscaping of 7 1/2� of lot area � 4. All sales shall be retail; no wholesaling i shall be permitted. , 5. Minimum vendor space shall be 200 sq. ft. i 6. A special permit shall be required in accordance � with the Lynwood Municipal Code. � t I � 1 I � ' � � Certain uses are specifically prohibited at the proposed Multiple Tenant Retail Centers:� 1. Sale of used property, except antiques. 2. -Firearms, ammunition, expliosives, fireworks, or other weaponry. 3. Alcoholic beverages. 4. Auto_parts, oil or similar fluids, hubcaps, wheels, batteries or tires. 5. Items of personal property from which the serial number or identifying number has been removed. ENVIRONMENTAL ASSESSMENT =-The restriction of these uses both as to location and the - requirement that a Conditional Use Permit be issued involves only a procedural change which does not affect the environment; therefore, it has been determined that the proposal is exempt from -�the provisions of the State CEQA Guidelines, as amended,. Section 15061 (b) (3). Actual project applications will be subject to environmental review when they are filed. RECOMMENDATION '� Staff respectfully request that, after consideration, the Planning � Commission adopt the attached Resolution No. 2128: � Recommending City Council adoption of Ordinance No. 1292 I pertaining to the regulation of Multiple Tenant Retail � Centers. I i i � , ; Disk 12:87049ord � ; I i i � 2 � � t • • • , e • 87049 RESOLUTION NO. 2128 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD RECOMMENDING, WITH REPORT AND FINDINGS, THAT ORDINANCE NO. ' 1292 BE ADOPTED BY THE CITY COUNCIL, AMENDING THE LYNWOOD MUNICIPAL CODE AND OFFICIAL ZONING ORDINANCE PERTAINING TO THE REGULATION OF MULTIPLE TENANT RETAIL CENTERS WITHIN THE CITY OF LYNWOOD. WHEREAS, the Planning Commission of the City of Lynwood did initiate a hearing, pursuant to the Lynwood Municipal Code, pertaining to the subject amendment to the Lynwood Municippal Code and Official Zoning Ordinance within the City; WHEREAS, the Commission reports that legal ppublication was made in the Lynwood Press, that nottice of public hearing was posted, all as required by ordinance and in the time required by law; WHEREAS, this Resolution with the findings and recommendations herein contained, along with the record of the proceedings of the Planning Commission, as well as all exhibits in this matter, shall constitute the report of the Planning I Commission to the City Council. I ' Section 1. The Planning Commission hereby finds that said f proposed amendment should be adopted for the following reasons � and findings. � I I A. The proposed amendment to the Lynwood Municipal Code is j necessary in order to better meet the commercial needs I of the City. � I B. The development of the proposed ordinance is based on an extensive evaluation of current commercial conditions in the City, and current trends in the regulation oP indoor j multiple tenant retail uses. C. The proposed ordinance is in conformity with the.Lynwood � General Plan. I D. Evidence presented to the Planning Commission indicates � that indoor multiple tenant retail uses conditionally � permitted in the C-2, C-2A, C-3 and M zones will not I have a negative effect on the surrounding neighborhood. i i Section 2. The proposed project is exempt from the provisions i of the State CEQA Guidelines, as amended [Section 15061 b(3)j. I APPROVED AND ADOPTED this 9th day of Tune, 1987 by members � of the Planning Commission voting as follows: ' I % � � i � I i � __ I 1 ' • • � � AYES: NOES: ABSENT: ABSTAIN: Lucille Kanka, Chairperson ATTEST: Vicente L. Mas, Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: Vicente L. Mas, Director E. Kurt Yeager Community Development Dept. General Council I I RESOLUTION: RES0�128 � I i f I I I i I 1 I I I I � , I 1 1 f ( I � I � � i I � I � • • 87049 ORDINANCE NO. 1292 AN ORDZNANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING THE LYNWOOD MUNICIPAL CODE PERTAINING TO THE REGULATION OF MULTIPLE- TENANT RETAIL WITHIN THE CITY OF LYNWOOD. Section 1. The City Council of the City of Lynwood DOES HEREBY ORDAIN as follows: - Section 2. The official Zoning Ordinance is hereby amended as provided in this ordinance, pursuant to public hearing before the Planning Commission and the City Council. � Section 3. Chapter 25, Section 25-2, of the Lynwood Municipal Code is hereby amended to add the following definitions in alphabetical order: "Multiple tenant retail center" shall mean a land use in which, wholly within the confines of a single building, are located two (2) - or more vendors offering personal property for retail. sale �--or trade who are separated from each other, if at.all, by less - than .complete floor-to-ceiling walls, a solid ceiling, and a solid, lockable access door. This shall not include a temporary event held for the exclusive - benefit of any non-profit,organization or organizations. i -- "Multiple tenant retail center operator" shall mean and include i ' any-person, partnership, corporation, or other organization who I - conducts, controls, manages, or otherwise administers a � merchandising center. "Multiple tenant retail center vendor" shall mean and include � any person, partnership, corporation, or organization who engages in selling, exchanging, or offering for sale as owner or i �consignee, personal property within a merchandising center. � "Multiple tenant retail center vendor's sales are" shall be I - defined as the area assigned to a specific merchandising center , vendor for the purpose of displaying and selling merchandise and ' otherwise conducting business. i - Section 4. Chapter 25,. Section 25-7, of the Lynwond � ' Municipal Code, pertaining to uses in the CB-1 zone, is hereby ! amended as follows: � I "25-7.3 Uses Prohibited , r "1. Motel and Hotels except in the Planned � Commercial District. � � i � "2. Churches, synagogues, temples, or other I places used for religious worship including j customary, incidental education and social i activities in conjunction therewith, in accordance with Section 25-9.1 herein. Section 5. Chapter 25, Section 25-8.1a, of the Lynwood � Municipal Code, pertaining to uses in the C-2 (Light � Commercial) zone, is hereby amended as follows: i I I i I 1 i � � � . • "20. Churches, synagogues, temples, or other places used exclusively for religious worship including customary, incidental education and social activities in conjunction therewith, in accordance with Section 25-9.1 herein. "43. Multiple tenant retail centers." Section 6. Chapter 25, Section 25-11 of the Lynwood Municipal Code is hereby amended to read as follows: ______ _."25-11.3 Uses Permitted Subject to a Conditional Use Permit. "4. Multiple Tenant Retail Centers in accordance with Section 25-35 herein. Section 7. Chapter 25 of the Lynwood Municipal Code is hereby amended by the addition of a new Section 25-35, as follows: - Section 25-35 MULTIPLE TENANT RETAIL CENTERS. Section 25-35.1 Purpose. -- Section 25-35.2 Conditional Use Permit Required. Section 25-35.3 Development Standards. 1. Minimum Lot Size. 2. Maximum Lot coverage. 3. Minimum building area. 4. Parking and loading. � 5. Lighting. i 6. Landscaping. , 7. Signs. � 8. Permitted uses. i - 9. Uses to be conducted indoors. 10. Area of vendor space. � 11. Number of vendors per space. � 12. Uses to he kept within � - spaces. - 13. All vendors to sell at retail. ; . 14. Authority to sell. ; 15. Prohibited items. ! 16. Interior design. � 17. Walls. ' 18. Doors and Gates. i 19. Interior finish. j 20. Furnishings. � 21. Aisles. '; 22. Skylights. % 23. Restrooms. � 24. Noise Control. 25. Business hours. i 26. Security. 27. Inspections. � 28. Insurance. � i i ; 2 I � I . ' � � Section 25-35.4 Additional conditions. Section 25-35.5 Licensing. . 1. Business license required. 2. Special permit required. _ 3. Investigation. 4. Transferability of license and permit. Section 25-35.6 Vendors' lease provisions: Section 25-35.7 Vendors' Obligations. 1. Maintain cash registers and records of transactions. 2. Issue sales receipts and - comply with sales tax law. -� 3. Submit copies of tax returns to City. ,.. 4. Obtain licenses as required - 5. Accept returns of defective merchandise. 6. Operators to have copies of vendors permits. Section 25-35.8 Violations; misdemeanor. - Section 25-35 MULTIPLE TENANT RETAIL CENTERS. "25-35.1 Purpose. -. The purposes of this ordinance are the following: � I - 1. To promote quality development multiple j tenant retail centers in the City of � Lynwood; �- _-- 2. To maintain collection of sales and ! ==� - - business license taxes from vendors � within these centers; i -�- 3. To protect the safety of.the public by investigating those who apply to become operators of these uses, by requiring , that a minimum leve]i of security be provided, and by requiring that vendors , -- accept defective merchandise for return; ' 4. To protect the health, safety and welfare I of the public by prohibiting the sale of � -� certain items and requiring certain documentation of purchases; i I _ � , 3 ; � � � � ' " 5. To protect neighboring properties by requiring a standard for property design and control of noise and liqht emanating from these centers, by requiring a high standard for on-site parking, and by limiting hours of business. "25-35.2 Conditional Use Permit Required A Conditional Use Permit must be obtained before any building may be used in whole or -- - in part as a multiple tenant retail center. "25-35.3 Development Standards. 1. Minimum lot size. None recommended. 2. Maximum lot coverage. Non�recommended. 3. Minimum floor area. "- --- The minimum gross floor area shall be 10,000 square feet. 4. Parking and loading. � -- At least one parking space is to be i — -- =- provided for each one hundred square feet I -- - of gross floor area. At least two (2) --- -- loading spaces, minimum dimension 14 x � 20, are to be provided. If more intensive i - -� parking is required by Section 25-14.6 ' for a given use or location, such parking shall be provided. � . 5. Lighting. -=- --� -� � Parking areas shall be illuminated after � -� dark with lights of at least 1.5 ' ---- � footcandles. Lights shall be shielded - - � to as to prevent,intrusion upon adjacent properties. � 6. Landscaping. , � All areas not occupied by buildings, parking spaces, or approved walkways shall be landscaped with a mixture of , ground cover, trees, and shrubs. Parking , lots should be landscaped wich a minimum of 7 1/2� of lot area. i 4 � � � � I • � � � • • 7. Signs. All signs shall be reviewed and approved prior to installation, in accordance with Section 25-33 of the Lynwood Municipal Code. 8. Permitted uses. Only those uses permitted in the zone in which the use is located shall be conducted. 9. Uses to be conducted indoors. - -�� All uses are to be conducted indoors, exclusively, except for eating areas and � _ flower and plant sales where approved by Condtional Use Permit. 10. Area of Vendor Space. I I _ � The minimum floor area of each vendor j space shall be 200 square feet. 1 � 11. Number of Vendors per Space. � �- ' There shall be no more than one (1) I _- � business license issued per vendor space. I I -• 12. Uses to be kept within spaces. � �� -- Sales shall be conducted only within � �- permanent stall spaces located within the � building. No merchandise shall be . I displayed outside of vendor spaces. � r - 13. All vendors to sell at retail. -- -- All sales shall be retail (no wholesaling � permitted). f 14. Authority.to'Sell. I - Each vendor shall have receipts or other � evidence of his legal ownership or � - authority to sell those items which are i displayed for sale. ; 15. Prohibited items. , It is unlawful for any person to sell, � exchange, barter, or trade the following ' items of personal property at a multi- � tenant retail center. i i 5 ; I � -- � . � � a. Used property, other than items which may.be sold at an "antique store" as defined in Section 25-2 of this code. b. Firearms, ammunition, explosives, fireworks, or other weaponry. c. Any item of personal property from which the serial number or identifying number had been removed. • d. Any item of personal property --- which requires a special permit from the City of Lynwood, County -• of Los Angeles, State of " California, or other government body when such permit had not ��- been obtained and displayed in the vendor sales area. - - e. Any item of personal property ----_ � - whose sale is prohibited by law --- -� or is not permitted at the -- �- -- � location of the vendor sales area. ' f. Alcoholic beverages. I � •- g. Auto parts, oil or similar ! �-- fluids, hubcaps, wheels, � batteries, or tires. � I 16. Interior design. � I ' Interior area shall be uniformly designed � with colored elevations to be approved by i --- the Director of Community Development. � Building permits shall also be obtained � � for interior construction, where required � • by Code. Colors, textures, and materials i •- - used shall be consistent in all vendor spaces and aisle areas. ; 17. walls. I I Vendor spaces shall be constructed of -- solid walls at least five feet six inches i � (5'6") high using wood or metal studs and -- drywall, taped, textured, and painted; I -- - glass; brick; or other material generally used for permanent building construction. ; Specifically, scissortype gating, , pegboard, wire fencing, metal grating, or _. similar materials, shall not.be used to � separate vendor spaces. i i I I % 6 i I I �� s � 18. Doors and gates. Vendor space doors shall be of (solid wood, metal, or glass material) (painted steel and roll up or otherwise fold out of the way during business hours. Open gate material may not be used: Chain link fencing may not be used to close vendor space. All vendor space doors shall be of one uniform type within each multiple tenant retail center. 19. Interior finish. -• All walls, ceiling, and floors in lobbies, vendor spaces, and aisle areas shall be freshly painted or sandblasted, of new material, or otherwise in a newly finished condition prior to the issuance of an occupancy permit. 20. Furnishinqs. i � -.. --'. All stall spaces shall have permanently I � -- -� mounted fixtures and furniture, similar � -- to that found in large fashion malls and - _ major department store. No _lightweight , -- folding tables or chairs or residential � - - lawn furniture shall be used in any j vendor space. � j 21. Aisles. � -- Aisles shall be a minimum of seven (7) i feet in width. � 22. Restrooms. I �� - Separate restroom facilities for men and � - = women shall be provided on the premises ; -- =- - and be open to the public, free of charge. 23. Noise control. ; � - No loudspeaker or sound equipment shall � be used in a multiple tenant retail ' - - center or in any vendor space thereof � -which can be heard from exterior areas of the premises or from adjacent .property including public sidewalks. 24. Business hours. ! Each multiple tenant retail center shall open to conduct business a minimum of six (6J. days a week, at least five (5) hours per day. The hours of operation shall be � restricted to those between 7:00 a.m. and � 9:00 p.m. � 7 � I . � � . Y 25. Security: A(uniformed) security guard shall be provided on the premises of the multiple - tenant retail center during hours of operation. The center shall be equipped with a burglar alarm and a public address system. 26. Inspections. The vendor'sales area and other areas of � the multi-tenant retail center which are open to the public shall be subject to -, reasonable inspection by city staff and other officials. No operator or vendor shall restrict such inspections. 27. Insurance. =---- _- Operators of multi-tenant retail centers ' --- " shall procure and maintain.a policy of � -. -�--- public liability and property insurance � -- -- - = providing for a combined sigle limit of ' ' - =- protection per accident for with. such � � - " insurance company as meets with the ' -- approval of the City Attorney. A , certificate of insurance shall be � --= = provided to the city in such form as � � requested by the City Attorney. � � Section 25-35.4 Additional conditions The Planning Commission may impose such ; conditions as it may deem necessary to i ' - effect the purposes of this ordinance, ., --- - either upon approval of a Conditional Use Permit or upon future review. I i Section 23.35.5 Licensing � • 1. It is unlawful for any person, I � partnership, organization, or corporation � �- � to operate a multi-tenant retail center � in the City of Lynwood unless a business - = license has been issued by the Office.of ' -- the City Clerk, and the business license ' fee established by ordinance or i resolution of.the City Council has been � paid. , 2. Special permit required. No person, partnership, corporation, or I organization shall operate the business of multi-tenant retail center in the City of Lynwood without first obtaining a special permit in accordance with Section i 17.75 of the Lynwood Municipal Code and I paying the established permit fee. � � I I 8 i .. ' � � - � . 3. Upon receipt of an application for a special permit for a multi-tenant retail center, the Sheriff's Department shall proceed to investigate the matters ser forth therein, including the character of the applicant and the character of tne persons who will be directly managing the multi-tenant retail center. 4. Transferability of license and special permit. The business license and special permit required for the operation of a multi- . tenant retail center are not transferable to any other person, partnership, or - orqanization. They are personal to the applicant and shall terminate upon - request of the subject multi-tenant � retail center. If the license and the —- permit are held by a corporate or - oganizational entity, they shall -- �- terminate upon a transfer of the majority -- interest in said corporation or organization. "Section 25-35.6 Vendor lease provisions. i �---- - The operator shall cause the following to � -- � be included in the vendors' leases or --- subleases as in event of default the I -- , following provisions and shall vigorously � -- - enforce such provisions by eviction =- remedies for a single violation: i i "Section 25-35.8 �Vendors' obligations. I - Violation of the following items 1 � through 6 shall be considered a default ; and major breach of this lease, remedial I by eviction if violated by the vendor. � 1. Each vendor shall, at all times during I operation, have an operable cash register f . at the sales area which is capable of, � - and does, record each sales transaction. The vendor shall maintain the record of � - - sales transactions with numberical ' sequence of receipts recorder by such i cash registers for a period of one year. � The vendor shall permit inspection of i such register records by the City of Lynwood, or its authori.zed agent. � 2. The vendor shall comply at all times with i the California law regarding the � collection and payment of sales taxes for i each sales transaction, and designate its , location in the City of Lynwood as the ; point of sale for each transaction which j is in whole or part negotiated at the vendor's sales area. The vendor shall , issued to its customers a sales receipt i for every transaction conducted. � i - � � , 9 � .'� � � • 3. The vendor shall submit to the City of Lynwood legible copies of its quarterly Board of Equalization sales tax returns. 4. The vendor shall obtain and maintain, on display in its sales area, available for inspection by any person, a business license issued by the City of Lynwwod, the Board of Equalization permit issued by the State of California, and any other -. permit, including but not limited to a - health permit, special use permit, fire `.-• � permit, or conditional use permit, which - may be required by the City of Lynwood, -' the County of Los Angeles, or the State =. of California for the operation of the --- - vendor's specific type of business. '- 5. The vendor is required to accept for -- � return defective merchandise from customers. == - ' 6. The vendor has been given copies of the -- �-=--- Conditional Use Permit and the Special ---� - -- Permit granted in this matter, has read -- =�-� and understood them, and will comply with =" = - his obligation� as listed above, and with - - �- the conditions contained in the � - Conditional Use Permit and the Special i _� - "- Permit issued by the City of Lynwood to the Operator. � + I Section 25.35.9. Violations; misdemeanor. I - A violation of this chapter is a � - misdemeanor punishable as provided in ', Section 1-08 of this Code and other ! violations are punishable as provided in j =-- - Seciton 21667 of the Business and � Professions Code and/or Section 496 of ; the California Penal Code. � , i =_ -�SECTION 7. Chapter 25, Section 25-14.6a3 of,the Lynwood � �- Municipal�Code pertaining to parking requirments is amended ! as follows: � i "1" Multiple-tenant retail center; one ! (1) space for each one hundred (100) � - - square feet of gross floor area or ' -- fraction thereof. Where this Code i requires a higher intensity of parking for specific land uses, such additional i parking shall be provided. � I I SECTION 8. Chapter 17, Section 17-57 of the Lynwood � Municipal Code pertaining to business licenses shall be amended as follows: ! I "(28.1) MULTI-TENANT RETAIL CENTERS: For � each multi-tenant retail center as i defined in Section of this Code, per ' year ........ $_.00 � � ; 10 ' ' 1 I . . • .. � � „ SECTION 9. Chapter 17, Section 17-75 of the Lynwood Municipal Code pertaining to special permits shall be amended as follows: � � "(9.4.) MULTI-TENANT RETAIL CENTERS: For each person, partnership, corporation, or organization managing, conducting, or carrying on the business of multi-tenant retail center. " - SECTION 10. The City Council hereby finds and determines - that Ordinance No. 1290 shall be repealed in its entirety. .---= SECTION 11. Severability. If any section, subsection, - ordinance or the application thereof to any person or place is --" for any reason held to be invalid or inconstitutional by the decision of any court of competent jurisdiction, such decision = sha11 not affect the validity of the remaining portions of �- this ordinance or its application to other persons or places. -_ _ - =_- _The City Council hereby declares that it would ---" have `adopted this ordinance, and each section thereof, - irrespective of the fact that any one or more sections, ="� subsections, sentences, or phrases, be declared invalid or unconstitutional. -> -�SECTION 12. The City Clerk is hereby ordered and directed - to cerifty to the passage of this ordinance and to cause the _: same to be published one time in the Lynwood Press, a ---- newspaper of general circulation printed, published, and circulated in the City of Lynwood. ordstudy3: Multi-or 11 I