HomeMy Public PortalAbout08-09-94 PLANNING COMMISSION .
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AGENDA
LYNWOOD CITY PLANNING COMMISSION
REGULAR MEETING - 7:30 P.M. ���
city xall council chambers R E C EIV E D I
11330 Bullis Road, Lynwood, CA CITY OfLYNW00D
CITY CLERKS OF�ICE
Auqust 9, 1994 ��� * ��•%�
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7i8i9�Dilli12i1 i2i3i4i°�i6
Errick R. Lee �� ' � -v �� /�/��G� G
Chairperson p�
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Carlton McMiller ponald Dove
Vice Chairman Commissioner
Eloise Evans Frankie Murphy
Commissioner Commissioner
Jamal Muhsin Joyce Hurley
Commissioner. Commissioner
C O M M I S S I 0 N C O U N S E L:
Michele Beal Baqneris
Interim Deputy City Attorney
STAFF•
Roger Haley Robert Diplock
Special Assistant Planning Manager
Art Barfield Louis Omoruyi I
Associate Planner Associate Planner
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Louis E. Morales, Jr. Paul'Nguyen �
Associate Planner Civil Engineer Assoc. �
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August 9, 1994
OPENING CEREMONIES
A. Call meeting to order.
B. Flag salute.
C. Roll call of Commissioners.
D. Certification of Agenda Posting.
CONTINUED PUBLIC HEARING:
1. CONDITIONAL USE PERMIT CASE N0. CUP 148
Applicant: Willie Osby
COMMENTS:
The applicant is requesting approval of Conditional Use Permit
No. 148 to sell beer and wine for off-site consumption at
11625 Long Beach Boulevard in the C-2A (Medium Commercial)
zone. At the applicant's request, this case was continued by
the Commission to its August 9, 1994 meeting.
RECOMMENDED ACTION:
Staff respectfully requests that the Commission take public
testimony and, after consideration, determine whether or not i
Conditional Use Permit No. 148 should be granted. A �
resolution is attached if the Commission wishes to approve the
Conditional Use Permit. '
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2. CONDITIONAL USE PERMIT CASE NO. 83049R I
Applicant: City of Lynwood
COMMENTS: I
Staff is requesting that the Planning Commission consider '
revoking Conditional Use Permit No. 83049 (CUP 83049) that i
allows the operation of an automotive repair shop at 2971 E. �
Imperial Highway, in the C-3 (Heavy Commercialj zone. At
Staff's request, this case was continued by the Commission to
1ts August 9, 1994 meeting. �
RECOMMENDED ACTION: '
Staff respectfully recommends that, after public testimony and ,
consideration by the Commission, the Planning Commission
revoke Conditional Use Permit No. 83049.
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NEW PUBLIC HEARINat
3. 20NING ORDZNANCE AMENDMENT CASE NO ZOA 38 !
Applicant: City of LYnwood i
COMMENTS• i
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The City of Lynwood is requesting approval of an amendment to �
the Zoning Ordinance repealing Chapter 17 of the Municipal �
Code dealing with sign regulations and amending Section 25-33 �
of the Zoning Ordinance to revise and recodify existing sign
regulations and to add procedures to identify and abate
illegal, abandoned and non-conforming signs.
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RECOMMENDED ACTION:
Staff respectfully requests that, after consideration, the
Planning Commission adopt the attached Resolution No. 2523:
1. Approving Zoning Ordinance Amendment Case No. ZOA 38 with
changes as recommended by staff and recommending City
Council adoption of Zoning Ordinance Amendment Case No.
ZOA 38.
2. Certifying that the project will not have a significant
effect on the environment and that a Negative Declaration
has been issued pursuant to the provisions of State CEQA
Guidelines.
REGULAR ORDER OF BUSINESS:
COMMENTS-
PUBLIC ORALS
COMMISSION ORALS
STAFF ORALS
• Report on Automotive & Fences/Walls Subcommittees.
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ADJOURNMENT
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Adjourn to the regular meeting of the Planning Commission on �
September 13, 1994 at 7:30 p.m., in the City Hall Council Chambers, �
1 1330 Bullis Road, Lynwood, California. i
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DATE: August 9, 1994 ^
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TO: PLANNING COMMISSION ��- •• � �`✓�
FROM: Robert Diplock, Planning Manager �
Planning Division
BY: Art Barfield, Planning Associate
SUBJECT: Conditional Use Permit Case No. 148
Applicant: Willie Osby
Pr000sal•
The applicant is requesting approval of Conditional Use Permit
No. 148 to sell beer and wine for off-site consumption at
11625 Long Beach Boulevard, in the C-2A (Medium Commercial) Zone.
At the Applicant's request, this case was continued by the
Commission to its August 9, 1994 meeting.
Facts
1. Source of Authoritv:
Sections 25-16.20c of the Lynwood Zoning Ordinance requires
that a Conditional Use Permit be approved to allow
establishments to sell alcoholic beverages and Section 25-
16.20e requires a minimum distance of 500 feet between such
establishments.
2. Prooertv Location and Size
The site is located on the west side of Long Beach Boulevard i
between Louise Street and Lynwood Road (see the attached �
location map). The subject property is a rectangular lot, �
approximately 7,000 square feet (50'x 140') in size. �
3. Existing Land Use
The subject property is developed with a 1,279.9 square foot �
retail store on the south and an existing 1,862.9 square foot �
vacant market (the subject market) on its north side. The �
surrounding land uses are as follows:
North - Commercial
South - Commercial
East - Commercial '
West - Multi-Family/Single Family Residential j
4. Land Use Desianation
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The General Plan Designation for the subject property is
Commercial, while the Zoning Classification is C-2A. The
surrounding land use designations and zoning are as follows: �
General Plan Zoning �
North - Commercial �_ZA �
South - Commercial C-2A
East - Commercial �_Zp
West - Single Family Residential R-1
5. Proiect Characteristics
The applicant proposes to reestablish an existing one (1)
story, 1,862.9 square foot market selling beer and wine only. �
Nine (9) parking spaces at the rear of the proposed store are
provided for parking. The proposal call for landscaping in
the parking area of the site. A new trash enclosure and new
signage is proposed for the project.
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6. Proiect History
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The subject property was originally licensed as Neva's Liquor
on November 1, 1964. Over the years, the City has
experienced little crime activity or social problems
resulting from the market's activities. The Sheriff
Department supports this finding (see Exhibit B). More
recently, the owner of Neva's fell ill and passed away in
1993. Under this application, the applicant is attempting to
continue the subject market as it has been operated over the
last 29 years.
7. Site Plan Review
At its regular meeting on June 1, 1994, the Site Plan Review
Committee evaluated the proposed development and recommended
approval to the Planning Commission. The Committee
determined that the proposal could meet the distance
requirements of the Zoning Ordinance with respect to
establishments selling beer and wine.
8. Zoninq Enforcement History
None of record at the preparation of the Staff report.
9. Neiahborhood Resoonse
On June 8, 1994, the Planning Division received a letter, i
dated June 6, 1994, from the Southern California Beverage �
Merchants requesting denial of the application (see Exhibit �
A).
On June 1, 1994, the Sheriff issued a letter stating that no
relevant community safety issues were involved in this �
request and that he would not oppose the application (see �
Exhibit B). �
ANALYSIS AND CONCLUSION: '
1. Consistencv with General Plan and Zonina Ordinance I
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The proposed land use is consistent with the existing zoning
classification C-2A and the General Plan designation of �
Commercial. The proposal meets the distance requirements of �
500 feet between establishments selling alcoholic beverages '
as required under Section 25-16.20e of the Zoning Ordnance. i
2. Site Suitabilitv I
The property is adequate in size to accommodate the proposed �
development. The lot is standard and meets current ;
development standards relative to structures, parking, walls, �
fences, landscaping, driveways and other feature required by �
the Zoning Ordinance. The proposed use is required to have �
seven (7) parking spaces and nine (9) spaces are provided. ,
However, in a Redevelopment Target Area, an area in which the �
subject site is located, five (5) percent of the site area is
required for landscaping. The proposal calls for
approximately one (1�) percent of the site area to be '
landscdped.
3� Compatibilitv �
The proposed development is surrounded by a mixture of
commercial and residential uses. Permitting the sale of beer '
and wine at this site would not be incompatible with the �
adjacent commercial uses, but may have a negative effect on • j
adjacent residential uses. However, when the market was ;
operated as Neva's Liquor, there were few or no enforcement '
problems experienced at the subject site.
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4. Off-Sale Alcoholic Beveraae Establishments in Lynwood
The Alcoholic Beverage Commission (ABC) has established eight
administrative districts within the City of Lynwood. The
subject site is in a district in which the ABC will allow
nine (9) alcoholic beverage licences for the sale of all
alcoholic beverages, including distilled spirits. Currently,
the district has five (5) such licenses approved by ABC.
With respect to off-sale beer and wine licences for Type 20
Licences (small markets that sell beer and wine), the City
has 25 such licensed establishments. The allocation of beer
and wine establishments is not limited by the State of
California, but, generally, regulated by local jurisdictions.
A preliminary study of the City's alcoholic beverage
regulations indicates that, given the regulations distance
requirement (i.e. 500 feet from another such establishment),
only five more off-sale establishments could be permitted in
the City.
5. Compliance with Develooment Standards
Section 25-16.20e Off-Sale Liauor Establishments of the
Zoning Ordinance requires that a distance of 500 feet be
maintained between an off-sale alcoholic beverage store and
other liquor establishments, as well as churches, schools,
hospitals, parks and playgrounds, and other similar
consideration points. The subject site is 500 feet or more
from any of the listed consideration points. The nearest
liquor establishment to the subject site is located at 11900 �
Long Beach Boulevard and is more the 500 feet away from the ;
subject site. Approval of this application would not be in '
violation of these regulations. �
5. Environmental Assessment I
The Community Development Director has determined that the �
project is categorically exempt pursuant to Section 15061b �
` (3) of the State CEQA Guidelines as amended. �
RECOMMENDATION I
Staff respectfully requests that the Commission take public ;
� testimony and, after consideration, determine whether or not �
Conditional Use Permit No. 148 should be granted. A resolution j
is attached if the Commission wishes to approve the Conditional '
Use Permit. ;
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Attachments '
1. Location Map ,
2. Site Plan (
3. Resolution No. 2520 ;
4. EXhlbit A. �
5. Exhibit B. i
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CASE N0. - �
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, RESOLUTION NO. 2520
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF LYNWOOD
APPROVING CONDITIONAL USE PERMIT N0.148
(CUP 148) ALLOWING THE.SALE OF BEER AND
WINE AT 11625 LONG BEACH BOULEVARD, IN
THE C-2A (MEDIUM COMMERCIAL) ZONE,
LYNWOOD, CALIFORNIA
WHEREAS, the Lynwood Planning Commission, pursuant to law,
conducted a public hearing on the subject application; and
WHEREAS, the Planning Commission considered all pertinent
testimony offered at the public hearing; and
WHEREAS, the Director of Community Development has
determined that the proposal is categorical exempt from the
provisions of the CEQA Guidelines pursuant to Section 15061b (3)
as amended; therefore
Section 1. The Planning Commission hereby finds and
determines as follows:
A. The site of the proposed use is adequate in size and
shape to accommodate the proposed use regarding
structures, parking, walls, landscaping, driveways and
other development features required by the Official
Zoning Ordinance.
B. The proposed use, subject to conditions, will not have
a negative effect on the value of surrounding properties
or interfere with or endanger the public, health, safety
or welfare.
C. The granting of the Conditional Use Permit will not
� adversely affected the General Plan.
Section 2. The Planning Commission of the City of Lynwood,
based upon the aforementioned finding and determinations, hereby
approves Conditional Use Permit, Case No. 148, provided the
following conditions are observed and complied with at all times.
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COMMUNITY DEVEIAPMENT DEPARTMENT ;
1. The proposed development shall comply with all applicable �
regulations of the Lynwood Municipal Code, the Uniform �
Building Code and the Uniform Fire Code. f
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2. Any proposed subsequent modification of the subject site or ;
structures thereon shall be first reported to the Community
pevelopment Department, Planning Division, for the review. �
3. The applicant and/or his representative shall sign a f
Statement of Acceptance stating that he/she has read,
understands, and agrees to all conditions of this resolution �
prior to issuance of any building permits. ;
REDEVELOPMENT DIVISION
4. The existing roof projection sign must be moved. �
PLANNING DIVISION
5. If applicable, construction of any internal improvements
shall commerce within six (6) months from date of issuance
of building permits. �
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6. Subject building shall be acbessible to the handicapped.
7. The off-sale liquor establishment shall not sell or store
motor fuels on the same premises as alcoholic beverages.
8. No beer or wine shall be sold aftex 10:00 pm or prior to
7:00 am.
9. No beer or wine advertising shall be located on windows or
the exterior or interior walls on the building.
10. Entity will maintain a pro-active approach to the
elimination of graffiti from the structures, fences and any
accessory building, on a daily basis.
11. owner shall provide a landscape plan for approval by the
Director of Community Development to provide perimeter
, landscaping.
PUBLIC WORKS/ENGINEERING CONDITIONS
12. Submit a copy of the property deed or recent title report to
the Department of Public Works.
13. Dedicate a required property at the Long Beach Boulevard
corner of Louise Street to accommodate a twelve (12') foot
cut-off curb radius.
, 14. Provide an irrevocable offer of dedication for a five (5')
foot wide strip of property along Louise Street to
accommodate future street widening along Long Beach
' Boulevard.
15. The property owner shall give authorization to the City of
Lynwood to make necessary alterations to the existing
. building to accommodate the proposed corner cut-off and curb
return. The City shall bear all costs associated with the
alteration.
, FIRE DEPARTMENT
The Fire Department found no cause to establish conditions for
this application.
Section 3. A copy of the Resolution No. 2520 and its
conditions shall be delivered to the applicant:
Section 4. Any violation of said conditions in this
resolution may result in revocation or modification of the
Conditional Use Permit by the issuing body at a regularly
scheduled meeting.
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APPROVED AND ADOPTED this _._th.of __________ 1994, by
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members of the Planning Commission, voting as follows:
AYES :
NOES :
ABSBNT :
ABSTAIN :
Errick R. Lee Chairperson
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Robert Diplock, Planning Manager Michele Beal Bagneris
Community Development Dept. Deputy City Attorney
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Southern California Beverage M�h�n ���� i'.
P.O. Boa 3211 �' ''
Beverly Hills, CA 90212-0211 _,,�o o �jC: (310) 553-8303
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� CITY OF LYNWCOD
COMM. DEV,DEPT.
""' June 6, 1994
Sol B1'umenfeld
Director Of Community Development RE: Public Hearing
City Of Lynwood P.O. # 032135
City Hall Case N0. CUP148
1,1330 Bullis Road
Lynwood, CA 90262
Dear Mr. Blumenfeld
On behalf of this Association; Southern Ca3ifornia Beverage
Merchants, (formerly known as Southern California Retail Liquor
Dealers Association) we are protesting the approval of
Conditional Ose Permit No. 148 (CUP143) to allow the sale of
off-site beer & wine at 11625 Long Beach Boulevard, in the C-2A
(Medium Commercial) zone, Lynwood, California.
In 1988 an agreement was made between our Association, and the
City Of Lynwood as follows: In order to control the number
and character of off-sale alcohol selling establishments in
the City Of Lynwood, the city would notify this Association
of all applications for new 2icenses, and this Association in
cooperation with the community would evaluate the feasibility
and character of these new licensees. In exchange for this
commitment of the City of Lynwood, all off-sale alcohol selling
establishment which were members of this association agreed
to voluntarily exclude the sale of fortified wines,
This was done in order to create within the city a cooperative
basis for upgrading the standard of living and welfare within '
the city. In carrying out the purpose of the agreement, we '
do not.see it feasible for the city to issue the above mentioned '
Conditional use Permit, as there already exists an adequate �
amount of off-site beer & wine selling establishments in the I
area,
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Thank you for your prompt attention. If you have any questions, �
please feel free to call me. �
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Most Sincerely� � �
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Elliott Birnberg „ !
' President �
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FormerlySouthern CaLifornia Retail Liquor DealersAssociation �
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EXHIBIT "A° � I
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. S�CR�+wN BLOCK,s-onn�
(310)537-6111
June 1, 1994
City of Lynwood Department of Public Works
Mr. Emilio Murga, Director
11330 Bullis Road
Lynwood, California 90262
Dear Mr. Murga:
I have reviewed the attached blueprints,requesting approval of a
Conditional Use Permit, Case No. 148 (CUP 148) to allow the sale of
off-site beer and wine at 11625 Long Beach Blvd., in the C-2A
(Medium Commercial) Zone. There are no relevant community safety
issues which would impact the request and I have no opposition to
its approval.
Sincerely,
SHERMAN BLOCK, SHERIFF
� • � . N '-��'G%C(/lin�
Arthur E. Herrera, Captain
Commander, Century Station
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z*..- DATE: August 9, 1994 �
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T0: PLANNSNG COMMISSION ���- =�.%�l_ Ei`�.,�. __,._
FROM: Robert Diplock, Planning Manager
BY: Art Barfield, Planning Associate ����
SUBJECT: Conditional Use Permit Case No. 83049 R
" Applicant: City of Lynwood
Proposal•
Staff is requesting that the Planning Commission consider
revoking Conditional Use Permit No. 83049 (CUP 83049) that allows
the operation of a automotive repair shop at 2971 E. Imperial
' Highway, in the C-3 (Heavy Commercial) 2one. At Staff�s request,
this case was continued by the Commission to its August 9, 1994
. meeting.
Facts•
1. Source of Authoritv
Section 25-25.12 of the Zoning Code allows the Planning
Commission to hold a public hearing in order to reconsider,
suspense or revoke an approved Conditional Use Permit.
2. Backqround
On September 17, 1993, a business licence investigation was
initiated for the subject property to determine if business
license requirements and other City Code requirements were
being complied with by the property owner. The Planning
Staff was contacted to participate in the investigation.
Staff requested, by September 23, 1993, that the property
owner a) provide plans of the existing operation for a 48
Hour Review, b) submit a fencing plan, c) permit inspection
of the property on September 30, 1993 in order to determine
compliance with conditions under CUP 83049. The property
owner submitted plans on September 23, 1993 as requested,
but never completed the 48 Aour Review. Although plans were
submitted for Staff review, the owner never met with or
discussed the merits of the plans.
On October 4, 1993, the Business License Administrator, per I
advice of StafP, issued a letter to the property owner ;
granting a 30 day extension to accomplish Staff's requests �
and instructions.
On June 6, 1994, Staff visited and reviewed the subject �
property and determined that compliance with CUP 83049 had �
not been met by the property owner. Among the 28 i
condltions, six (6) were not in compliance, including: '
1. Provision for eight (8) parking spaces, �
2. The screening of the property with a six (6') foot �
high masonry wall or fence with opaque material. �
3. Removal of damaqed or wrecked vehicles from the I
site. � '
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4. Trash container meeting Code requirements. �
5. Removal of all debris and trash from the subject �
site. j
6. Replacement of rear wood fence with a block �
' masonry wall. j
The issues above were discussed with the property owner and Staff �
informed the owner that CUP 83049 may be recommended for
revocation. on June 8, 1994, the property owner stated that he '
would clean his lot by June 16, 1994. However, the task was not j
completed at that time. �
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On June 30, 1994, the property owner was informed that CUP 83049
would be consider for revocation by the Planning Commission on
July 12, 1994.
Code Enforcement and Planning Division staff inspected the
property on July 7, 1994. The owner/lessee of the property had
cleared many of the junked parts from the property and had his
staff loading old tires and other junk parts onto a truck for
removal. An employee was sweeping and cleaning up the parking
area. The only vehicle in the parking area was a large truck
being repaired.
The owner/lessee indicated that all remaining junked parts will
be removed as will auto glass and other parts being stored on
workshop roof. He stated that he intended to steam clean the
parking area and restripe the parking stalls.
Owner also displayed a valid business license.
. On August 2, 1994, Staff visited the subject site and observed
that 1) the required eight parking places were not in place, 2)
the property remained partially screen with a white wooden or
metal fence, 3) a number of damaged and wrecked vehicles
remained on the open portion of the lot, 4) a City permitted
trash enclosure could not be seen, 5) debris and trash remain on
the lot, and 6) a block wall has not been erected along the rear
lot line separating the subject use from adjacent residential
uses to the north.
On August 3, 1994, Staff contacted the applicant and informed him
of the Staff visit.
3. Property Location
The property is located on the north side of E. Imperial
Highway, at 2971 E. Imperial Highway in the C-3 (Heavy
Commercial) Zone.
4. Property Size
The subject property is a rectangular shaped lot
approximately 8,750 sq.ft. in size..
5. Existing Land Use
The subject site is flat. The sarrounding uses are as
follows:
North - Residential South - Manufacturing I
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East - Commercial West - Commercial �
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6. Land Use DescriAtion
General Plan: Zonina: '
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North - Residential Single Family Residential (R-1)
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South - Industrial Manufacturing (M) i
East - Commercial Heavy Commercial (C-3) !
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West - Commercial Heavy Commercial (C-3)
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7. Proiect Characteristics:
The subject property confains an existing 1,118 sq. ft. one
(1) story building containing an auto glass shop and office,
existing 2,312 sq.ft. and 377 sq, ft. structures and
approximately three (3) parking spaces in front of the auto
shop.
8. Zoning Enforcement History
Notice of Violation filed on 1/20/89 for abandoned and
broken equipment, storage of old auto parts, no business
license. .
9. Public Response
None of record.
ANALYSIS AND CONCLUSION:
1. Consistency with General Plan
The proposed land use is consistent with the existing Zoning
Classification (C-3) and General Plan designation of
Commercial. Therefore, maintaining Conditional Use Permit
No. 83049, if conditions are met, will be in conformance
with and not adversely affect the General Plan.
2. Site Suitabilitv
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 liy the Zoning Ordinance.
3: Compatibilitv
The proposed development is surrounded by commercial and
indnstrial uses. Resadential uses exist to the north of the
subject site. Therefore, the project will be compatible
with the surrounding land uses if conditions of CUP 83049
are met.
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4. Compliance with Development Standards !
The proposal meets the development standards required by the �i,
Zoning Ordinance with respect to setbacks, lot coverage, I
building height and density. However, the existing project �
does not meet the requirements for parking, fencing, and �
, landscaping contained in the Conditional Use Permit. j
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' S. Conditions of Apbroval �
The conditions under CUP 83049 must be met in full in order �
to maintain CUP 83049. �
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6. Benefits to Communitv �
The existinq development, as operated, does not assist in '
upgXading the surroupding area, and does not support the �
purpose and intent of the General Plan. �
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7, Environmental Assessment �
Actions by a regulatory agency to revoke a permit are �
categorically exempt under Section 15321 of the State CEQA ;
Guidelines. Therefore, a Notice of Exemption has been • �
prepared and will be filed with the County Clerk. �
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RECOMMENDATION:
Staff respectfully recommends that, after public testimony and
consideration by the Commission, the Planning Commission revoke
Conditional Use Permit No. 83049.
ATTACHMENTS
1.. Exhibit A.
2. Resolution No. 943
3. Site Plan
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RESOLUTION NO, 943
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LYNWOOD APPROVING A CONDITIONAL USE PERMIT
TO ALLOW THE OPERATION OF AN AUTOMOTIVE REPAIR BUSI-
NESS AT 2971 IMPERIAL HIGHWAY, LYNWOpD,
" WHEREAS, the Planning Commission oY the City oi Lynwood
did, pursuant to law, on 3eptember 13, 1983, hold a public'hearing
on the requested Conditional Use Permit at the sub,ject address;
WHEREA3, the Commission has carefully considered all
pertinent testimony oPYered in the case as presented at the public
hearing;
WHEREA3, the Planning Divisioa has determined that the
proposed pro,ject is categorically exempt Prom the provisions o!
the Caliiornia Environmental Quality Act;
WHEREA3, a Conditional Use Permit is required Por the opera-
tioa of �n automotive use on appropriately zoned and sized properties
in the City,
The Planniag Commission of the City oi Lynwood DOES HEREBY
RESOLVE as Yollows:
Sectioa 1, The Plantting Commission hereby fiads and con- �I
clu�es as o�lTows:
' A. The granting oi the requested Conditional Use Permit I
will aot adveraely aPiect the comprehensive General ;
P1Aa aa tha aub�ect property is deslgnated "Commercial" '
on the Geaeral Plaa Map;
. ,B. The proposed conditioaal use is in accord with the !
development standards regulating development stand- j
ards regu2sting development in the C-3 Zone; I
C, The proposed location of the conditional use and the i
conditions under which it would be maitttained will �
aot be detrimental to the public health, safety, or �
welfare, or materially injurious to properties or im- �
provements in the vicinity;
D, The propoaed conditioaal use will comply with each oi I
the applicabla proviaions oY the Zoniag Ordinance as �
stated in the canditioas listed ia Sectioa 2, i
, 3ectioa 2. The Planning Cominission oi the City oi Lynwood �
horeby approves a onditional Use Permit to allow the op�sration I
oi an sutomotive repair busiLess ai: the above address, subject to !
the following conditions:
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A. The '�
property stlp.l} be used for an autanotive repair !
business, two(2) residencea aad required parking �
per plot plaa aubmitted, conditiona impoaed and any �
Yuture modiiications thereto; � �
�JH. A miaimum oE eight (8) oEf-street �
� shall be provided, 3sid Parking spaces ,
nine �9'j feet by eighteen feet �
be plainly striped on the parking lot surface, and �
shall have a concrete wheelstop placed at the head -
oi each space; '
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-` C. All automotive repair shall be conducted entirely
within the workshop building;
;� All automotive repair activities on.the site shall
be confined to the hours between 7:00 A.M, and 9:00 P,b�,
daily;
E. The workshop building shall be sufficiently sound-
proofed to prevent annoyance or detriment to surrounding
properties;
�� F. All damaged vehicles or vehicles awaiting repair shall
be screened Prom Imperial Highway by a six (6�) Yoot
high masonry wall or ience covered with an opaque materi-
al approved by the Community Development Director;
G, Five (5�) percent oY the total area of the site shall
, be improved with well maintained irrigated landscaping
approved by the Com�uaity Development Director;
- , H, No damaged or wrecked vehicles shall be stored Yor pur
Pos�s other than repair;
I. Garbage or trash receptacles shall be stored withia a
� three (3) sided masonry enclosure six (6') feet in
height.
J, All debris and trash shall be removed irom the site;
K. The outaide storage area at the rear oi the property
shall be enclosed wit6 a solid wall or uniformly paint-
ed board fence not less thaa six (g�) Yeet in height;
L. The woodeu portion of the lence along the rear lot �
liae shall be replaced with a solid masoary wall six
(8') ieet ia height;
; M. The sutomotive repair b�lsiness shall be registered
with the Bureau oP Automotive Repair�
� N. All parkittg areas shall be paved with w hard auriace
and aloped ao as to be draitted oi all suriace water; �
0, The driveway approach to the aub,�ect property ahall
be reconatructed per City Ettgineering Departmeat ataad- �
ards; . I
P. 3sid driveway approacd shall be �aired to the satis-
faction of the Engineering Department; I
, Q. The curb shall be repaired to the satisYactioq oY the �
' Engitteering Department; �
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. R, The sidewalk sha2l be reconatructed per City Engineer �
iag Departwent standards; i
3, The oil staina on the sidewalk and in gutter shall �
be cleaned up,
T, The sub,ject parcels, 2�ucibers 10 attd ZI, shall be
merged by recordation by the Couaty Recorde.r hri,or to I
use of said parcels Yor automotive repair; �
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U, All necessary licenses and permits shall be obt4lned �
prior to operation at aub,�ect locatiou; �
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V, Al1 Lynwood Municipal Codo and 'Lonin� Ordinance re-
quirements shall be met;
W. All required bonds for oYf-site improvements (water
mains, fire hydrants, curbs, gutters, sidewalks, etc.)
shall be submitted prior to issuance of a Business
License;
X. The Conditional Use Permit shall lapse and become void
ii operation according to the preceding conditions does
not commeace within ninety (90) days from the date oi
approval;
Y. The drains leading Erom the rooi oi the workshop to
the street shall be unclogged and reconnected;
Z. All Fire Department requirements speciiied in Addendum
A shall be met.
AA. Alt structurea in residential use shatl meet the requirementa ot
the Houaing Code,
BB. The illegal residential use shall be terminated immediaLety.
_ APPROVED AND ADOPT�ll this 13th day oY 3eptember, 1883, by
members of the Planning Coomission voting as Yollows:
AYES: Coamiesioners Dove� Raymond, Pryor 3 Robbina
NOES: None
A83ENT: Co�ieaioners Hodge 6 Kanka
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Doaa ve, a rmaa
APPROVED AS TO CONTENT: APPROVED A3 TO FORM: .
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n ra ea , o un ty uE'Y� rt Yeager sa aat ty
Developmeat Director Attorney '
Statement of Acceptance
All conditions and provisions oY the foregoing Conditional Use �
Permit and Resolutioa No. 943 are hereby accepted by the undersigned �
applicant, who expresaly agrees to periorm and be bouad by ewch con-
ditioa thereoi. �
Date ^ — /S � �� �-��1 �� C�ti(��/�Jrils�L� j
Sigaature
L r�n t Aam ��� L//�/� �
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DATE: August 9, 1994 -
TO: PLANNING COMMISSION
FROM:. Robert Diplock, Planning Manager
Community Development Department
' SUB,7ECT: Zoning Ordinance Amendment ZOA 38
Applicant: City of Lynwood
PROPOSAL•
The City of Lynwood is requesting approvaT of an amendment to the
< Zoning Ordinance repealing Chapter 17 of the Municipal Code dealing
with sign regulations and amending Section 25-33 of the Zoning
' Ordinance to revise and recodify existing sign regulations and to
, add procedures to identify and abate illegal, abandoned and non-
� conforming signs.
FACTS:
1. Backaround
The City Council has instructed staff to evaluate the City's
. current sign regulations -and prepare proposed amendments,
particularly in respect to establishing enforceable abatement
procedures. In response to this direction, the City Attorney has
prepared a major recodification and revision of the Sign Ordinance
and has reviewed a first draft with staff and the City Manager.
The Manager has requested that the Planning Commission hold the
required advertised public hearing on that draft.
2. Source of Authoritv
Section 5230 of Chapter 2 of the State Business and Professions
Code provides that any city or county may, by ordinance impose
restrictions on advertising displays adjacent to any street, road
or highway equal to or more restrictive than imposed by the State
under this chapter of the Code.
3. Prooertv Location:
This ordinance will affect property citywide, with primary impacts
on the commercial corridors of Atlantic Avenue, Long Beach
Boulevard, and Imperial Avenue.
4. Summar� of Proposal:
The proposed sign ordinance repeals Chapter 17 of the Municipal
Code dBaling with sign regulations and amends Section 25-33 of the
Zoning Ordinance to revise and recodify existing sign regulations
and to add proceduzes to identify and abate illegal, abandoned and
non-conforming signs.
The draft Ordinance is primarily a reorganization of the existing
regulations with more detailed provisions for permit review and for
the abatement of illegal, non conforming and abandoned signs as
required by State law.
The various sections of the proposed Ordinance are listed below.
SECTION COMMENT �
25-33.1 Intent and Purpose new, also provides for more
restrictive requirements
through the Redevelopment
Agency.
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25-33.2 Permit Requirements new, expands application
and Procedures information, provides for
_ review of new signs on
existing buildings by
Director of Community
, Development (same as
current procedure) and
review by Planning
Commission of new signs on
new buildings (new
procedure).
" Establishes review criteria
' (new) and appeals procedure
, (same).
` 25-33.3 Prohibited Signs generally .the same as
existing ordinance.
2b-33.4 Signs Authorized in qenerally the same as
Residential Zones existing ordinance. Adds
' "special events" signs as
permitted.
25-33.5 On-premise Signs in generally the same as
non residential zones existing ordinance. Adds
(no permit) section on "signs inside
buildings".
25-33.6 On-premise Signs qenerally the same as
Requiring Permits existing ordinance.
25-33.7 Signs for Special generally the same.
Businesses
25-33.8 Street Banners new, authorizes street
banners for non profit
agencies, same as existing
ordinance for City approved
events.
25-33.9 Inventory of Illegal, new, required by State law.
non-conforming signs
25-33.10 Removal of signs made non new, provides for removal
conforming by previous of certain non-conforming
ordinance. premise and off premise
signs.
25-33.11 Removal of signs made non new, provides for removal
copforming by this ord- of certain non conforming
inance. signs and establishes
amortization schedule.
25-33.12 Removal of Signs Adjacent modification of existing
to Freeway provisions, of very
limited application.
25-33.13 Appeal of Removal Determin- same as existing ordinance
ation .
25-33.14 Enforcement current ordinance requires
24 hour notice before
removal of sign on public
property or immediate
removal when involves
public safety
25-33.15 Definitions additions, deletions and a
number the same
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� 5. Public Response:
Staff has received one request from the California Grocer's
Association for information and notification of hearing dates.
ISSUES AND ANALYSIS
, The City adopted its current sign contrrol ordinance in May 1983.
Previously, limited sign control was established in Chapter 17 of
the Municipal Code adopted in 1972. The 1972 ordinance required
building permits for signs, and regulated outdoor billboards,
electric signs, advertizing displays adjacent to freeways and
street banners. Much of this material is incorporated into the
proposed ordinance.
The 1983 sign ordinance has evolved over time into the City's
current rules and regulations. The City no longer permits painted
wall signs, roof signs or pole signs on small lots. Monument signs
are permitted for commercial lots with 15o ft. or more frontage and
most commercial signs now are required to use channel letters.
The revised ordinance incorporates most existing regulations,
clarifies some provisions of the ordinance and adds some additional
provisions. Any changes in basic ordinance regulations are minor.
: The biggest change in the ordinance deals with the elimination of
illegal, non conforming and abandoned signs. The basic regulations
are controlled by State law. The City is required to survey and
identify all such signs pYior to abatement (see Sec. 25-33.9 and
following). A fee can be charged to property owners to defray the
cost of inventorying on-premise signs.
Illeqal signs can be abated without compensation. Non conforming
signs on residential property can be amortized (there are very few
of those in the City). On premise legal non conforming signs can
be abated without compensation within redevelopment project areas.
The remaining legal non conforming signs, both on premise and off
premise, must be compensated if they are to be removed. The task of
inventorying and determining legal status of existing signs will be
a major-job as will setting up procedures to abate those signs that
' the City wishes to eliminate.
, Suggested Modification
Staff has reviewed the proposed ordinance and has some minor
suggestions to make the ordinance conform more closely to current
rules and policies.
1. Section 25-33.4 h(p.19) should be amended to include a size
limit on political signs in residential area, perhaps the same
as in non residential areas (25 sq.ft.).
' 2. Section 25-33.5 i(p.23) Signs Inside Buildinas, should be
limited to signs visible from the sidewalk or public right of
way.
, 3. Section 25-33.6 b(p.26) should be deleted, since backdrop
wall signs are no longer being allowed and the word backdrop
should be deleted from Section 25-33.6 c 2 on the same page.
4. Section 25-33.6 h(p.31) Should be deleted, since roof signs
are no longer being allowed,
5. Delete definition 5, "backdrop wall signs" since they are no , i
longer being allowed. , i
6. Prepare a new section dealing with the definition and control i
of murals. On a few occasions recently, business have painted �
large portions of store walls with graphics. Some of these ��
can be very attractive, but there is real possibility of. i
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abuse. Some store owners have attempted to avoid city
restrictions on painted signs by calling them murals. Murals
should require permits and be approved by the Community
� Development Director, particularly in Redevelopment Project
Areas.
RECOMMENDATION:
Staff respectfully requests that after consideration, the Planning
Commission adopt the attached Resolution No. 2523:
1. Approving Zoning Ordinance Amendment Case No. ZOA 38 with
changes as recommended by staff and recommending City
Council adoption of Zoning Ordinance Amendment ZOA 38.
2. Certifying that the project will not have a significant
effect on the environment and that a Negative Declaration
' has been issued pursuant to the provisions of State CEQA
Guidelines.
ATTACHMENT
1. Resolution No. 2523
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RESOLUTION NO. 2523
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LYNWOOD APPROVING ZONING ORDINANCE
AMENDMENT ZOA 38 AND RECOMMENDING COUNCIL ADOPTION
OF THIS AMENDMENT REPEALING CHAPTER 17 OF THE
MUNICIPAL CODE AND AMENDING SECTION 25-33 OF THE
ZONING ORDINANCE TO REVISE AND RECODIFY EXISTING
SIGN REGULATIONS AND ADDING PROCEDURES TO IDENTIFY
AND ABATE ILLEGAL, ABANDONE� AND NON-CONFORMING
SIGNS.
WHEREAS, the Planning Commission of the City of Lynwood,
pursuant to law, held a public hearing on the subject proposal at
their regular meeting on August 09, 1994; and
WHEREAS, the Planning Commission has heard testimony
concerning the need to revise existing sign regulations and to
provide for procedures to abate illegal, abandoned and non
conforming signs; and
WHEREAS, the Planning Commission has carefully considered all
pertinent testimony offered at the public hearing; and
WHEREAS, the Director of Community Development has determined
that the proposal will not have a negative effect on the
environment, and has thereby declared a Negative Declaration for
the project; now therefore
Section i. The Planning Commission of the City of Lynwood hereby
finds and determines as follows: '
A. There is need to revise, clarify and recodify the City's
existing sign regulations to reflect current policy and practices.
B. Section 5230 of Chapter 2 of the State Business and
Professions Code provides that any city or county may, by ordinance
impose restrictions on advertising displays adjacent to any street,
road or highway equal to or more restrictive than those imposed by
the State under this chapter of the Code.
C. The City Council has directed and the City Attorney has
prepared a comprehensive revision to the City's sign regulations,
including provisions to abate certain illegal, abandoned or non-
conforming signs.
D. The proposed ordinance revision incorporates and is
consistent with requirements of State law.
E. The proposed ordinance amendment will be beneficial to the
entire City by providing uniform and enforceable siqn controls. I
Section 2. The Planning Commission of the City of Lynwood, based i
upon the aforementioned findings and determinations, hereby
approves Zoning Ordinance Amendment ZOA 38 as revised by the �
Commission and recommends that the City Council adopt Zoning I
Ordinance Amendment ZOA 38 revising and recodifying the City's sign i
regulations and adding procedures to abate certain illegal, ;
abandoned and non conforming signs. ' �
Section 3. A copy of this resolution shall be delivered to the I
City Clerk. �
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� APPROVED and ADOPTED this 9th day of August, 1994, by members
of the Planning Commission voting as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
Errick R. Lee, Chairperson
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Robert Diplock, Planning Manager Michele Beal Baqneris
Community Development Dept. Deputy City Attorney
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