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Home My Public Portal About1992-07-14 PLANNING COMMISSION . . �� i AGENDA LYNWOOD CITY PLANNING COMMISSION GZ � /f �� REGULAR MEETING - 7:30 p.m. I� � EI � E D I C17Y Of LYNWOOU CITY CtERK5 OFFICE City Hall Council Chambers 11330 Bullis Road, Lynwood, CA A � JUL 0 91992 - 1 �'�8i9i�illi12i12i 3i4i$ July 14, 1992 C � ��, /v7.u�C, , .C�7 �.. � / v Elizabeth Dixon Chairperson Donald Dove Carlton McMiller Vice Chairman Commissioner John Haynes Roy Pryor � Commissioner Commissioner Jamal Mushin Errick Lee Commissioner Commissioner C O M M 2 S S I O N C O U N S E L• Henry S. Barbosa Kenneth Fong City Attorney Deputy City Attorney STAFF: � I Sol Blumenfeld, Acting Director Louis Omoruyi Community Development Department Planning Associate Charles Rangel John Oskoui Senior Planner, Wildan Associates Assistant Director Public i Art Barfield j Planning Associate i I f:agenda:JUlyi4 I I I � I i 1 � I I , July 14; 1992 OPENING CEREMONIES A. Call meeting to order. B. Flag salute. C. Roll call of Commissioners. D. Certification of Agenda Posting. E. Approval of minutes for the May 12, 1992 Planning Commission Meeting. Minutes from June 9 meeting will be available at the next Commission meeting. CONTINUED PUBLIC HEARING: 1. ZONING AMENDMENT CASE NO. 18 Applicant: City of Lynwood COMMENTS: The City of Lynwood is considering an amendment to chapter 4 and Chapter 25 of the Official Zoning Ordinance with respect to regulating family day care home standards in all residential zones. RECOMMENDED ACTION: Staff respectfully requests that after due consideration the Planning Commission adopt Resolution No. 2445. A. Certifying that the project is exempt from the provisions of the State CEQA Guidelines, in accordance with Section 15061b(3). B. Approving Zoning Ordinance Amendment Case No. 18, subject to the stated conditions and requirements. 2. CONDITIONAL USE PERMIT - CASE N0.114 Applicant: Louis and Alice Ross COMMENTS The applicant is requestinq a Conditional Use Permit to develop a five (5) story, 100 unit motel, and one (1) story restaurant at 11550 Long Beach Boulevard, in the C2-A (Medium Commercial) and P-1 (Parking Overlay) zones. The applicant is requesting to continue this item in order to comply with the Planning Division and the Public Works and Engineering Department requirements. This item has been continued from the May 23, 1992 Planning Commission meeting at Staff request. On May 20, 1992 the applicant submitted a letter to staff requesting that this item be continued by the Planning Commission to July 14 in order to comply with requirements set forth by the Planning Division and Public Works Department. On June 30, 1992 following Staff review of project plans submitted on June 4, 1992, the applicant submitted new revised plans which were reviewed by Staff and determined to still be inadequate relative to parking requirements and environmental assessment issues. RECOMMENDED ACTION Staff respectfully requests that after due consideration the Planning Commission continue this item until September to permit sufficient time for the applicant to complete plans pursuant to staff recommendations for Planning Commission review. 2 3. VARIANCE - CASE NO. 14 Applicant: Isabel & Maria Vazquez COMMENTS The applicant is requesting a variance to reduce required parking from fifteen (15) parking spaces to three (3) spaces in order to operate a garment factory manufacturing children's clothing at 2668 Martin Luther King Jr. Soulevard. This item was continued from June 9, 1992 Planning Commission meeting at the applicant's request. RECOMMENDED ACTION Staff respectfully requests that after due consideration the Planning Commission withdraw this case on the basis that the applicant is unable to complete a covenant for additional parking located offsite as directed by Planning Commission. 4. ZONING ORDINANCE AMENDMENT - CASE NO. ZOA 23 Applicant: City of Lynwood COMMENTS The City of Lynwood is considering an amendment to Chapter 25, Section 10.1 F.5 of the Official Zoning Ordinance with respect to the regulation of coin laundries and Amendment of C-3 (Heavy Commercial) zone standards city-wide. This item was continued from June 9, 1992 Planning Commission meeting. RECOMMENDED ACTION Staff respectfully requests that after due consicleration the Planning Commission continue this item in order to provide additional time to further examine the issues relative to the proposed amendment. 5. ZONE CHANGE CASE NO. ZC4 Applicant: Robert W. Terrell COMMENTS The applicant has filed a request for a zone change (ZC4) from R-1 (Single-Family Residential) zone to R-3 (MUlti- Family Residential) zone, and related Conditional Use Permit (CUP No. 118) and General Plan Amendment (GPA No. 4) in order to develop 18 Multi-Family dwelling units on a 39,032 square foot vacant parcel on Esther Street west of State Street and Virginia Avenue in Lynwood, California. RECOMMENDED ACTION: The applicant has requested that the proposed zone change ZC4 be withdrawn from consideration due to site plan constraints associated with existing easements. Therefore, Staff respectfully requests that the Planning Commission allow the item to be withdrawn from consideration. f:ogenda:julyt4 3 r . � � � 6. GENERAL PLAN ANIENDMENT CASE NO. GPA NO. 5 Applicant: Robert Terrell COMMENTS The applicant has filed a request for a General Plan Amendment from Single-Family Residential designation to a Multi-Family Residential designation and related Conditional Use Permit (CUP No. 118) and Zone Change (ZC 4) in order to develop 18 Multi-Family dwelling units on a 39,032 square foot vacant parcel on Esther Street west of State Street and Virginia Avenue in Lynwood, California. RECOMMENDED ACTION Staff respectfully requests that the Planning Commission allow the item be withdrawn from consideration at the applicant's request. 7. CONDITIONAL USE PERMIT - CASE N0. 118 Applicant: Robert Terrell COMMENTS The applicant is requesting approval of a Conditional Use Permit to develop 18 multi-family units on a lot located on Esther Street, west of State Street and Virginia Avenue in the R-1 (Single-Family Residential) zone. RECOMMENDED ACTION Staff respectfully requests that the Planning Commission allow the item to be withdrawn from consideration at the applicant's request. 8. DRAFT HOUSING ELEMENT REVISION & EIR ADDENDUM COMMENTS Pursuant to City Council direction, Staff is proposing a revision to the Housing Element of the City of Lynwood General Plan in order to bring the Housing Element into conformance with State requirements mandated under Sections , 65583 (a), (b) and (c) of the Government Code. The Draft Housing Element Revision addresses city-wide housing goals, objectives and programs. An initial hearing on the Draft Housing Element Revision is proposed with a 30 day period for circulation of the Draft document and EIR Addendum in order to obtain public comment. Following the circulation period, the Draft Housing Element Revision and EIR Addendum will be presented for a final hearing by City Planning Commission and City Council. This item was continued from June 9, 1992 Planning Commission meeting. RECOMMENDED ACTION Staff respectfully requests that the Planning Commission receive and file the Draft Revised Housing Element and EIR Addendum for review and public comment and that the matter be returned for final review and approval at the regularly scheduled Planning Commission meeting in August 11, 1992 in order to provide sufficient time to obtain public comment for incorporation in the Draft document. f:agendn:julyl4 4 :' NEW CASES 9. CONDITIONAL USE PERMIT - CASE NO. 119 Applicant: Paul Zerounian COMMENTS The applicant is requesting approval for a Conditional Use Permit (CUP 119) in order to establish a Market selling off- sale alcoholic beverages at 10404 Long Beach Blvd., in the C-3 (Heavy Commercial) zone. RECOMMENDED ACTION Staff respectfully requests that after due consideration the Planning Commission deny Conditional Use Permit 119 based on the facts and findings contained in the staff report. 10. CONDITIONAL USE PERMIT - CASE N0. 120 Applicant: Abraham Ponce The applicant is requesting approval for a Conditional Use Permit (CUP 120) in order to develop a seven (7) unit apartment and remodel 3 existing structures into apartments at 10977-83 Wright Road, in the R-3 (Multi-Family Residential) zone. RECOMMENDED ACTION: The site plan presently does not meet code requirements for guest parking. Therefore, staff request that after due consideration the Planning Commission continue Conditional Use Permit Case No. 120 in order for the applicant to revise the site plan. 11. ZONING ORDINANCE AMENDMENT N0. ZOA 24 Applicant: City of Lynwood The City of Lynwood is considerinq an amendment to Chapter 25, Section 2.1 and 8.1 of the Official Zoning Ordinance with respect to a specific definition of restaurant use. A. Certifying that the project is categorically exempt, from the provisions of the State CEQA Guidelines in accordance with Section 15061b(3). B. Approving Zoning Ordinance Amendment No. 24, subject to the stated conditions and requirements. f:agende:july74 � 5 '' • REGULAR ORDER OF BUSINESS None STAFF COMMENTS - Preliminary report on roof materials for inclusion of building standards. - Laundromat Regulations. - Greenline Transit Station Area Plan. COMMENTS PUBLIC ORALS COMMISSION ORALS ADJOURNMENT Adjourn to the regular meeting of the Planning Commission on August 14, 1992 at 7:30 p.m., in the City Hall Council Chamber, 11330 Bullis Road, Lynwood, California. f:agenda:julyl4 :� M� 6 � z xi ,� y� Y � DATE: July 14, �992 -��:�_;'�!�A ITEM N0 TO: PLANNING COMMISSION `v� N0 f FROM: 301 BlumenEeld, Acting DirecCor Community Devolopment Dopartmont SllBJECT: ZONING ORDINANCE AMENpMENT CASE NO 20A 18 FAMILY DAY �ARE HOMES STANDARDS IN ALL RESIDENTIAL ZONES., PROPOSAL: • The staPP proposes to amend Chapter 4 and Chapter 25 of the Offlcial Zoning Ordinance with respect to requlatinq Family Day Care Home Standards in all residontial zones. The proposed amendment will permit large Family Day Care Fiomes in all residential zones provided tho operators obtain a home occupation permit for such use. BACKGROUND: At the City Council meetinq of September 3, 1991, the City Attorney�a office was directed to work with staff to amend the zoninq regulations affecting Family Day Care Homes. The City Council requested that staff investigate the possibility of waiving the $800 fee for the required Use Permit. Staff proposes to brinq the City Code relating to Family Day Care Homes into compliance with State requirements. Family Day Care is the most widely used form of out-of-home care. This care, as the term implies, is provided in the family home of the provider. APter roview, the staff discovered that the City's regulations for family day care use are inconsistent with state law. Staff proposes to amend Chapters 4 and 25 of the Municipal Code to comply with state law. ISSUES AND ANALYSIS: The principle issue with respect to the proposed ordinance is compliance with atate law reqarding family day care home use. The proposed ordinance brings the Municipal Code into compliance by restructuring requirements for "notice" procedures, the right of appeal to the City Council, day care home use compliance with the Noise Element of the General Plan, distance requirements, and the number of children in large day care home uses. In November, 1990, Public Counsel, a public interest law firm, raised concerns regardfng the City�s zoning ordinance for family day care homes. Public Counsel pointed out that tha City's zoning ordinance for the subject use did not comply with state law. The proposed ordinance addresses these concerns. Public Counsel also raised concerns that small family day care homes (care for one (1) to six (6) children) and larqe day care homes (care for seven (7) to twelve (12) should be permitted as of right in all residential 2ones. Staff evaluated this concern and concluded that current reatrictions on family day care homes within the City should be maintained to protect the health, safety, and welfare of the community. Public Counsel also raised concerns regarding the limit of thrae (3) children who can be cared for in family day care homes in multi-family dwelling units. After reviewing state law, staff agreed to chanqe the ordinance to allow six (6) children to be caced for in such dwelling units. The proposed ordinance contains this change. The last issue raised by Public Counsel concerned the application process required for approval of family day care providers. The Municipal Code requires that applicants for a day care home use permit comply with provisions of both the home occupation permit requirements and Site Plan Review requirement. The staff concluded that these requirements should be maintained � KTf41�76.9 � � to protecC and preserve the health, safety, and welfare of the community. - Public Counsel also requested that the $800 PeQ normally charged for home ocaupation permits be waived for Family Day Care Home applications. In light of the benePits to the community Prom such day care Pacilities, and the City Council's request to reduce or waive the $800 Pee, staff concluded that the $800 fee should be waived altogether for Family Day Care Home applications for home occupation permits. Therefore no other fees besides the $30.o0.Pee for processing home occupation permits as prescribed in subsection 4-8.8h ahall be charged ENVIRONMENTAL ASSESSMENT: The proposed amendment is exempt from the provisions of the State CEQA Guidelines, as amended by Section 15061b(3), and the notice oP determination has been placed on file in the Community Development Department and the Office of thP rit.y �tPrk. RECOMMENDATION: � Staff res�ectfully recommends that, after consideration, the Planning Commission do the followinq: 1. Adopt Resolution No. 2445 certifying that the project is exempt from the provisions of the State CEQA Guidelines, as amended by Section 15061b(3). 2. Recommend that the City Council approve the findings in Resolution No. 2445, waive the reading, and introduce the proposed ordinance. Prepared by: Reviewed by: _ ATTACHMENTS 1. Resolution No. 2445 2. Proposed Famfly Day Care Ordinance � K7NU76.3 � � RESOLUTION NO. 2445 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD RECOMMENDING TO CHAPTER 4 AND , CHAPTER 25 OF THE LYNWOOD MUNICIPAL CODE RELATING TO FAMILY DAY CARE ' HOME STANDARDS. WHEREAS, the Planhing Commission of the City of Lynwood, did pursuant to law, conduct a public hearing on a proposed amendment to the Lynwood Municipal Code with respect to the above subject; and WHEREAS, the Community Development Director has determined that the project is exempt from the provisions of the State CE4A Guidelines as amended by Section 150161b(3) and is on file in the Community,Development Department and the office of the City Clerk. � Section 1. The Planning Commission hereby finds and determines as follows: A. The proposed amendment will be consistent with the objectives and the development policies of the City of � Lynwood. B. The proposed amendment will not unreasonably constrain , in the use of property by landowners and developers. C. The proposed amendment will not adversely affect the General Plan. Section 2. The planning Commission of the City of Lynwood, based upon the aforementioned finding and determinations, hereby recommends City Council adoptions of the proposed amendment. APPROVED AND ADOPTED this 9th day of June 1992, by members of the Planning Commission voting as follows: AYES : NOES : ABSENT : ABSTAIN : : , John K. Haynes APPROVED AS TO CONTENT: APPROVED AS TO FORM: Sol Blumenfeld, Acting Director Kenneth T. Fong Community Development Department Deputy City Attorney f: planning\resolutn\reso2445 � . ORDINANCE NO. _ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD� CALIFORNIA AMENDINO CHAPTER 4 AND �• CHAPTER 25 OF THE LYNWOOD MUNICIPAL CODE REQARDIN4 THE REOVLATION OF FAMILY DAY CARE HOME BTANDARDB. THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, DETERMINE AND ORDAIN AS FOLLOWS: eECTION it Section 4-22 of the Lynwood Municipal Code is hereby amended to read as Pollows: �-22 HOME OCCUPATION9 �-22.1 Scope. The provisions of this section shall govern the procedure for obtaining, suspendinq and revoking a homa occupation permit required by subsection 4o8h. ' 4-22.2 Permit Application. Any person proposing to manage, conduct or carry on any business within the home at any location shAll file a written application for a license with the City License Collector on forms prepared and provfded by the License Collector. The applicant shall answer fully and freely all questions contained on the form includinq the type of business to be conducted, the qrouhds for the application and the facts relied upon. 4-22.3 Filing Fee. The filing fee for a home occupation permit shall be as prescribed in subsection 4-8.8h. 4-22.� Notice of Filing ot Application to surrounainq Property Ownera. The License Collector shall mail a notice of a pendfng home occupation application to the residents or property owners within a radius of one hundred and fifty (150') feet of the location of the proposed business, except that for a Pamily day care home, the License CollectoY shall mail a notice of a pending home occupation application to the residenta or property owners within a radius of one hundred (100') feet of the proposed family day care home. The notice ahall be in substantially the following form: "NOTICE OF HOME OCCUPATION PERMIT APPLICATION Dear resident: an application has been submittad by for a home occupation permit to use the residence located at as a � Unless written objection is filed at the City License Collector's Office within ten (l0) calendar days from the data this notice was mailed, the City shall issue a homa occupation permit to the applicant provided the applicant is otherwise qualified by law and ordinance. You may reply by signing and dating below and returning to the City License Collector's office. I object to the application by for a home occupation permit at and I recognize that the receipt o� card within the ten (10) day period by the J U L— 9— 9 2 W E D 9: 0 0 P A R B O S�A , M r� R I L L O. D f�, F �-1 P. 0� � 0 7 ' License Collector's office shall constitute sufficient notice of objection. Signed By: �ate: n 9ECTZON 2. 9ectioit 4-22.5 vf Ll�e Lynwood Municipal , Code is hereby amended to read as follows: 4-22.5 Planninq Commission Hearinq on Appliontion Upon objeotion of Property owners. a. If an objection has been filed with the License Collector pursuant to subsection 4-22.4, the License Collector ehall notify the Secretary of the Planning Commission in writing. The application for a home occupation permit ahall then be set for publio hearing by the Secretary of tha Planning Commission. The date of the hearing shall not be less than Pifteen (15) days nor more than fifty (50) days from the date of the Yiling of the notice by the License Collector with the Secretary of the Planning Commission that an objection has been filed. b. Notice of the time and place of the hearinq pursuant to paragraph a. shall be given to the applicant and to � tho objootor by thn Ecorctary of thc Planning Commiaaion by registered or certified mail at least ten (10) days prior to tho dutQ sat Por the heariny. No additional not•ice shall be roquirod nnlose otherwise directed bv the Plannina Commission. c. The decisfon of the P2anning Commission after a hearing as provided i❑ paragraph a. shall be final, except that an applicant for a family day care home occupation permit shall ` have the riqht to appeal a home occupation permit denial to the City Council. BECTION 3. Section 4-22.7(q) of the Lynwood Municipal Code is hereby amended to read as follows: ' 4-22.7 g. No use will be permitted which by reason of color, deaiyn, materiais, constructfrsn; iYghiinrf, signs, sounds, noises or vibrations inconsistent with the Noise Element of the General Plan alters the residential character of the premises or which unreasonably disturbs the peace and quiet of any neiqhbor. BECTION �. Section 4-22.7(1) is hereby added to the Lynwood Municipal Code to read as follows: ' 1. Sections 4-22.7(b), (c), (f) and (h) shall not apply to Family bay Care Homes, BECTION S. Section 25-4.2 c.12. of the Lynwood Muhicipal Code is hereby amended to read as follows: 12. Larqe family day care homes. P p p � Largc Pamil}• day oarc homca shall be allowed in all residential zones as accessory uses provided that: (a) The use complies with the home occupation provisions of Section 4-22, et seq., of the Lynwood Municipal Code, except that employees shall be allowed, if required by State law for children of a certain aqe; and the use may occupy ` more than four hundred (400) square feet of floor space. .. KTNI��AA 2 . � STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) I, ANDREA HOOPER, City Clerk of the City of Lynwood, California, do hereby certify that the Poregoing Ordinance No. was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular maeting of the said Council held on the day of , 1992, and that the same was so passed and adopted by the following vote: AYES: NOES: ASSENT: NOT VOTING: I I � I I i i . � KtR 1/66.0 4 I I I . ,. T ` AGENDA 1TEM N0. DATE: July,14, 1992 �Il'tJ• ��+�•� TO: PLANNING COMMISSION FROM: Sol Blumenfeld, Acting Director Community Development Department , SUBJECT: Conditional Use Permit - Case No. 119 Applicant: Paul Zerounian PROPOSAL: The applicant is requesting approval of a Conditional Use Permit to sell alcoholic beverages (beer and wine) in a market at 10404 � Long Beach Boulevard in the C-3 (Heavy Commercial) zone. FACTS: � 1. Source of Authoritv Ordinance No. 1306 of the Lynwood Municipal Code requires - that a Conditional Use Permit be obtained im order to operate any business selling alcoholic beverages for off- site consumption. Section 25-16.50 of the Zoning Code regulates Off-Sale Licruor Establishment. 2. Property Location: The subject property is located at the southeast corner of Long Beach Boulevard and Tenaya Avenue in an established shopping center (Refer to Site Planj. 3. Propertv Size: The property is irregular in shape, and is a corner lot. The lot, frontinq Long Beach Boulevard, is approximately 17,019 square feet in size. 4. Existing Land Use: The proposed market is to be located in a 1326 square foot - space, that is now vacant, within an existing shoppinq mall. The space is part of a 4296 square foot retail building, and a 1550.5 square foot restaurant that comprises a neighborhood shopping center (per Site Plan Review Approval No. 86058). The surrounding land uses are as follows: North - Commercial/Residential South - Commercial East - Residential west - Commercial . planning/art/cup119/f:cup119 1 i 5. Land Use Designation: The General Plan designation for the subject property is Commercial, and the zoning classification 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 - Commercial M, East - R-3 West - Commercial West - C-3 6. Proiect Characteristics: The applicant proposes to reestablish a market selling alcoholic beverages in conjunction with qroceries and other necessities. The market space is a part of an established neighborhood shopping center. The shopping center has nineteen (19) parking spaces including one handicap space. Seven (7�) percent of the shopping center is landscaped, - thus, meeting the Zoning Code requirements for parking and landscaping in commercial zones. 7. Site Plan Review: At its regular meeting on June 25 1992, the Site Plan Review Committee evaluated the proposed project and recommended denial to the Planning Commission (See ANALYSZS AND CONCLUSION: Section 4.) 8. Zoninq Enforcement Historv: None of record. 9. NeiQhborhood Response None of record at the time this report was prepared. ANALYSIS AND CONCLUSION: l. Consistencv with General Plan The project is consistent with the existing zoning classification of C-3 (Heavy Commercial) and the General Plan designation of Commercial. Granting Conditional Use . Permit No. 119, will not adversely affect the General Plan. Therefore, a consistency finding could be made with respect to the General Plan and the C-3 (Heavy Commercial) zone. I i i . ' planning/art/cup119/f:cup119 ' I 2 � � 2. 3ite Suitabilitv See No. 4 ComDliance With DeveloAment Standard. ' _ 3. Compatibilitv The project is surrounded by a mixture of commercial/ retail ' developments with residential uses abutting it to the east, and nonconforming residential to the north. Therefore, the project, as proposed, will not be incompatible with the surrounding land uses. 4. Compliance with De�elooment Standarda The proposed market meets the development standards required by the Zoning Ordinance with respect to setbacks; lot coverage; building height, parking, and density. However, it is not in accordance with distance requirements of 500 feet as established by the City's Liquor Ordinance (1306) Sectioa 25-16.50 Off-Sale Liauor Establishments. The nearest establishment selling alcoholic beverages, the La Sonorense Meat Market, located at 10427 Long Beach Boulevard is 307 feet, diagonally (measured from entrance to entrance), and 428 feet from side walk to side walk, from the entrance of the proposed used as shown by the alcoholic beverage uses graphic (see Exhibit 2). S. Conditions of Approval ` The project as proposed, may have a potential negative effect on the values of the surrounding properties and interfere with or endanger the public hea,lth, safety or welfare. 6. Benefits to Communitv . The proposal will not assist in upgrading the commercial use, and the character of the property and support the ' Commercial designation of the General Plan, as intended by Liquor Ordinance (1306) Section 25-16.50 of the Zoning Ordinance. Establishment of this use could potentially contribute to problems associated with this use as identified in Section 25-16.20 i.e. littering, loitering, obstruction of pedestrian traffic, vehicular traffic, parking, crime, interference with children on their way to school, interference with shoppers using the streets, defacement and damaging of structures, discouragement of more desirable and needed commercial uses, and other similar problems. 7. Environmental Assessment The Community Development Department has determined that the project is categorically exempt pursuant to provisions of CEQA Guidelines, Section 15061b(3). Therefore, a Notice of Exemption has been prepared and is on file in the Community Development Department office and,in the office of the City Clerk. RECOMMENDATION . Staff respectfully requests that after due consideration the Planning Commission deny Conditional Use Permit No. 119 (CUP 119) based on the facts and findings contained in this staff report. planning/art/cup779a/f:cup119a � 3 ---- II . Prepared Sy: ' Reviewed By: ATTACHMENTS 1. Location Map 2. Site Plan 3. Exhibit 1(Applicant Supplemental Application) 5. Exhibit 2, Staff Survey of Alcoholic Beverages Uses in the Project Area. planning/art/cupil9a/f:cup779e ` 4 ._. _; LOCATION iVIAP � . . aj n, eo � • � � II6 � f i 9 b .. � ro3o5 e . // � /0 I � 9 �� ,�i � ii7 . � . � o t l9 • /76 �97 19D I 199 200 e I � � � I 8 �� i�0 e � c l�J3 j .. 80 ..: . y� CHEROKEE $ � a °� � �. m� �q � ' i5z � � _ � lI I i3 � � 10 I/5 �� \ � o �71 Itl9 i IBtl i J � It36 � 195 �, � � 'I I '' ~ `4 . � ; f�j Y I . IO 0 • � i I �� N i i � 'o '/0�4 � I 167 �/68 1�� . �L , � � .,� � � 9; �� . ZS el Z4 23 S 22 ` '� � � ,�� . i •' 2� �. 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EXEiIBIT I SUPPLEMENTAL APPLICATION J 10404 IANG BEACH BOULEVARD COMMENT . o The Promo Shopping Mall was developed over a period of two (2) years - from 1987 to 1989. o The Darlee Market at 10404 Long Beach Blvd., a retail use within the shopping mall, and , a market licensed for off-sale alcoholic beverages, was in business up to 1987. o In 1986, a study conducted by the City of Lynwood, acknowledge the off-sale beverage market at 10404 Long Beach Boulevard as a market that would not be under the imposition of new regulations under Ordinance No. 1306, regulating on and off- sale alcoholic beverages. The significance of this fact is that the applicant should be allowed to reestablished the uses originally slated for the mini-shopping center when the plan was proposed in 1986. o Requirements of Section 25-16.50 (Off-sale Liquor Establishments). The City Code requires that "no off-sale liquor establishment shall be maintained within five hundred (500') of any other establishment wherein alcoholic beverages are sold for both off-site and on-site consumption...." A recent survey (May, 1992) of the area, and an update of the City Study indicate the proposed use is farther then 500' feet from any other establishment selling alcoholic beverages. For example, 10409 Long Beach is now the American Barber College. The nearest establishments selling alcoholic beverages are the La Mexicana Market at 10321 (or, 10327) Long Beach Blvd.; and, an establishment at 10539 Long Beach Blvd. Each of these businesses are farther then 500' feet from the proposed market. Therefore, this proposal is in compliance with Ordinance # 1306. . , .. . ...✓ ✓ . SUPPLEMENTAL APPLICATION 10400/04 IANG BEACH BOULEVARD Z. HISTORY OF BIIILDING PERMITB. TYPE YR. DESCRIPTION FEE - 1. PA 7/13/89 Wall Sign $ 65.00 2. C of O 1/23/89 Mini Shopping Ctr. N/A 3. PA 12/29/88 Install Compressor $134.50 •. 4. PA � 8/9/88 Pole Sign $166.50 5. PA 2/1/88 Block Wall $ 78•50 6. PA 8/10/88 Vent Kit. Hood 5 69.00 7. LP(Planning) 7/26/88 Landscape Plan N/A S. PA 6/23/88 - $ 60.00 9. PA 9/9/88 unknown $ 75.00 10 PA 8/9/88 Laundry mat $418.00 11 PA 7/8/88 Final $232.80 12 PA 6/22/88 groundwork $441.00 13 PA 2/22/88 fixtures,_ outlets, etc. $139.00 14 PA 1/14/88 sewage connection $224.25 15 Planning 1/13/87 TPM $ 16 PA 12/24/87 New shopping center $1164.60 17 PA 12/24/88 Grading $30.00 $ 3296.00 * * Does not include fees paid for Site Plan Review or Public works. � , 1 II. HISTORY OF BUSINESS LICENCE - 10404 LONG SEACH BOULEVARD - TYPE YR. DESCRIPT ON FEE Bus. Lic. 1990 Jemapri's Market Bus.Lic. 1989 Marcias Market ^- 1988 Bus. Lic. 1987 Dalee Market * (Off-sale) * Unable to renew business licence due to long development/contruction period (two (2) years. - EXHIBIT II LIQUOR SURVEY Existing Alcoholic Sales Uses Within 500 Feet. �. . � .. � --� � �- ,r- -:....� . ��yy I b I, . . � • ,` , � I ' � l l� Z . �� . � i , 's SAN JO, ��1'K/1L I � . nw .eni . v�n y�a . . ,. . �m ' 'S}TW ` � y � � ' � • ^ m ' C . iu . n � = ' M � ,^� i�w iH ; ..Ni iy q _.N. . .. n . uy " ...ev ' : � u � 2 ' � ' � � N . .�r �; � . _ � � t ; � $ 1 r � a ` I-aF��S . � ^ .... ..... ..._ . s ^ . � p L Y t +� F �i C . `� f � t � 6 1 ' r �: . . ' a � ' m �I1n I.. i ° ,' . . . .�l a � R � STA7E ' ' STRf[ � ° a �� .� ' -' . ^ i I o� � g � z y „ e;' a �g �o�i � G STAIf � 57RCC7 ^ � � '"• i �y° e . e '^ v' _ � � . N , p V Q s � '� . . :Ti' ' rN �y q '� nff j j1W � .Y� Q �� _ . �i� N � �� " / ± y � '- ^I, .1M I': • I n � .' �.c� � . / ' ,�� ,�. nii � �,.�Jta. ' ' '.n � p+ F ' STA7C "f) ! ; r �wt ��" v, n I i�.,n _ , N�f•;� ,'�1� . �. „ R u � `� u� ..I...�L�� c.\ �� , � • � ��' . -, EAC :`< jq. � � u '£ i,. . . :- � 8 _ � ` , ., i., � ,. . yf�' ... � � � V 'q �� _ J �� i:. �„ � '.rc .' g X .': o N M N 9IT � 't";C2 t , OA�! �. a _ "__ N. � -� '� � `o ~ riri � ..„ � � beiee ryrr� � :: � — . � .. .. . ,�at o e ., ___'_ "__ ACL. . " � �w 4tf_ o . �W 1 a � .. Y , �.«� fi7t`.Y.... ; -•boeir ,�� $ . ., � = ' .. ��ef!' ),[f � 'bl [ v� �'Arc : i. utx - .. ___ . . � �` � 6 } { iS �. b, .. _ R�� , . � i� �.. `G u tof,. tetl. o.ly.. � rvrr R NIP ' , . , ��£� �t_.. c.i�v � , _ _... ' _._ .t .. •' t JkTf afL L! Ntu[k'� rm9.� g , u. . L/C.� - .IIA�� Yli:lf ��//CI ._ . .� b Y � %rtTi"�' �'_' ��. ��:�"" : ' S/�f� - � � � o � � � • Z 9/C.P _ _' - _ _._._ �:0�0 " scEl . 4'e • - 3 � _ - � � : e . � � . � ' . . u f .�,.".' � . . o i. o � .. - `. / cc�" � $ �� ' , ° ,{reF ' ,n,i 4 ' " 2� � ._ ._..... "Scii� � ; � b[F£ 6YR.. .., '.. - '>i4:P: � 1rFt� � � -. �7`� ... -. - — °_ _'_'LfF. � 'N u � 8 . . . ;r . R�."_'.�'/y[€ . (c�.'o /Cti �_ ' 4 ' . . - _ _' ' ri0�d_' _ ' � _,_ ___ � f(.Cr ... tTIL_' .� -jf[I'. i4T. - o '" . � 41 Y C G A[f.'C -_' �' I IYL� " a Q � � . r, f CA _. _ ... . rnb .. � �-� _.'_ ASY �96ce !�/ra� , � _ � r:cF" ' � e�TxCi`-' _� • [ u t � � � 6 o a � 9 n � '1 ,' . �.— ^�i .. .� _ . �1 . in.C.. l� - � rr �R� - � S�Fi _ ., . - "Tj'r. � /bt�� C a ^ ----- . � s , � . �_ t _ ^r ")r� °' r ; �/yll� u[c� e . . r (. � R y � � � di e�s e ui ' i4 .., l.lnii ' q I .*'.; .�SC - �5 ` , J1R ..UL1P� :.�ij . � � o-. ._ v1__ U 1 ui ' � . . � L ! 7 � ��:'N" a Kb �� ;�Jn � b u � ��' G 9 ' _ t MAAIPOSA � „r ' I I I . LEGEND Proximity To No. Address Name Prop. Use � 10417 Long Beach Alvd. La Sonorense Mkt. 307 ft. z 10537 Long Beach Blvd. Eddie's Jr. Mkt. 500 ft. . SUBJECT SITE �� LOCATION OF ESTABLISHED ALCOHOLIC BEVERF:GE BUSINESSES �� ' � . aGENnA �TE N�o. _ .� � `� c�^-=.. :. �_._ _ ''1 DATE: July 14, 1992 TO: PLANNING COMMISSION FROM: Sol Blumenfeld, Acting Director Community Development Department SUB,7ECT: Zoning Ordinance Amendment Case No. 24 BACKGROUND On April 14, 1991, during a regularly scheduled Planning Commission meeting, Commissioner Errick Lee, with the approval of the Planning Commission, instructed the Staff to review a definition (s) for a"bona fide restaurant" for Consideration of a zoning ordinance amendment. ISSUES AND ANALYSIS - Staff reviewed definitions regarding "bona fide" or "full service" restaurants under the zoning codes of six (6) cities in Los Angeles County. The cities included Alhambra, Cerritos, Compton, Downey, Glendale, and Paramount (see attached Appendix I). Three (3) cities had definitions pertinent to conditions in Lynwood and have been summarized for Commission consideration. DEFINITION FOR CONSIDERATION Staff suggest the following definition for consideration: Bona fide restaurant (full servicel. Such restaurant use shall mean a use with a minimum of 5000 square feet of gross floor area, with service for a minimum of 200 people. Such use involves the serving of ineals commonly ordered at various times during the day, and serving meals to guests for compensation. ENVIRONMENTAL ASSESSMENT The Community Development Department has determined that the proposed Zoning Ordinance Amendment No. 24 could not have a • significant effect on the environment. Therefore, Notice of Exemption has been prepared and is on file in the Community Development Department and the Office of the City Clerk. RECOMMENDATION Staff respectfully request that after due consideration, the Planning Commission adopt the attached Resolution No. 2450. A. Finding that Zoning Ordinance Amendment Case No. 74 is exempt from the provisions of State CEQA Guide- • lines, as amended by Section 15061b(3). B. Recommend that the City Council approve the findings in Resolution No. 2450, waive further reading and introduce the proposed Zoning Ordinance Amendment. Prepared By: Louis Omoruyi Associate Planner , Reviewed By: Sol Blumenfeld . Acting Community Development Director � f:planning/art/cammission/bonafidc.rec � ;. �. . i � ATTACHMENTS• 1. Study: including survey of Cities 2. Resolution No. 2450 �. f:planning\ert\commission\bonafidc.ree 4 RESOLUTION NO. 2449 _� ''• A RESOLUTION OF THE CITY COUNCIL OF TAE CITY OF LYNWOOD RECOMMENDING CITY ADOPTION OF AN AMENDMENT TO CHAPTERS 25 OF THE MUNICIPAL CODE WITH RESPECT TO RESTAURANT USE, CZTY WIDE. WHEREAS, the Community Development Director has determined that this Amendment does not warrant a negative declaration and is on file in the Community Development Department and the offices of the City Clerk. WHEREAS, the Planning Commission of the City of Lynwood considered all pertinent testimony offered at the public hearing; and WHEREAS, the Community Development Director has determined that this Amendment is exempt from the provisions of the State CEQA Guidelines as amended by Section 15061b(3) and is of the City Clerk. Section 1. The Planning Commission hereby finds and determines as follows: A. The proposed amendment will be consistent with the objectives and the development policies of the City of Lynwood. " B. The proposed amendment will not unreasonably constrain the use of property by landowners and developers. C. The proposed amendment will not adversely affect the ' general plan. Section 2. The Planning Commission of the City of Lynwood, based upon the aforementioned findings and determinations, hereby adopts the proposed amendment. APPROVED AND ADOPTED this 14th day of July, 1992, by the members of the Planning Commission voting as follows: AYES:- NOES: ABSENT: ABSTAIN: Elizabeth Dizon Chairperson APPROVED AS TO CONTENT: APPROVED AS TO FORM: Sol Blumenfeld, Acting Director Ken Fong Community Development Department Deputy City Attorney f:resolutn\reso2449 . k� • ORDINANCE NO. �; AN ORAINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDMENT TO CHAPTER 25 _. OF THE MUNICIPAL CODE WITH RESPECT TO RESTAIIRANT USE, CITY WIDE. The City Council of the City of Lynwood DOES HEREBY ORDAIN AS follows: Section l. Chapter 25 of the Lynwood Municipal Code is hereby amended on restaurant use. Section 25-2.1 & 8.1 To read as follows: Bonofide restaurant (full service). Such restaurant use shall mean a use with a minimum of 5000 square feet of gross floor area, with service for a minimum of 200 people. Such use' involves the serving of ineals commonly ordered at various times . during the day, and serving meals to guests for compensation. ' Section 2. Severabilitv. 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 jurisdiction, such decision shall not affect the validity of the remaining portions, of this ordinance or its application to other person 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 section, subsection, sentence, or place, be declared invalid or unconstitutional. Section 3. The City Clerk is hereby ordered and directed to certify to the passage of this ordinance and to cause the same to � be published once in the Lynwood Press, a newspaper of general circulation printed, published, and circulated in the City of Lynwood. First read at a regular meeting of the City Council of said City held on the day of , 1992 and finally ordered published at a regular meeting of said Council held on the _ day of , 1992. f:planning\ordinance:ord.res —. I � � �` AYES : NOES: ABSENT: LOUIS J. HEINE, MAYOR ' ATTEST: Andrea L. Hooper, City Clerk City of Lynwood APPROVED AS TO FORM: APPROVED AS TO CONTENT: . General Counsel Sol Blumenfeld, Acting Director Community Development Department f:ordinance:ord.res � , ., � aGENnA IT �to. �� c�^. - . . : . � _ � . DATE: July 14, 1992 ' TO: PLANNING COMMISSION -� FROM: So1 Blwnenfeld, Acting Director " Community Development Department ' SUBJECT: 2oning Ordinance Amendment Case No. 24 BACKGROUND . On Apri1 14, 1991, during a regularly scheduled Planning Commission meeting, Commissioner Errick Lee, with the approval of the Planning Commission, instructed the Staff to review a • definition (s) for a"bona fide restaurant" for consideration of a zoning ordinance amendment. ZSSUES AND ANALYSIS Staff reviewed definitions regarding "bona fide" or "full ' service" restaurants under the zoning codes of six (6) cities in � Los Angeles County. The cities included Alhambra, Cerritos, Compton, Downey, Glendale, and Paramount (see attached Appendix I).. Three (3) cities had definitions pertinent to conditions in Lynwood and have been summarized for Commission consideration. DEFINITION FOR CONSIDERATION Staff suggest the following definition for consideration: Bona fide restaurant (full servicel. Such restaurant , use shall mean a use with a minimum of 5000 square feet of gross floor area, with service for a minimum of 200 people. Such use •involves the serving of ineals commonly ordered at various times during the day, and serving meals to guests for compensation. ENVIRONMENTAL ASSESSMENT The Community Development Department has determined that the- proposed Zoning Ordinance Amendment No. 24 could not have a significant effect on the environment. " Therefore, Notice of Exemption has been prepared and is on file in the Community Development Department and the Office of the City Clerk. RECOMMENDATION Staff respectfully request that after due consideration, the . Planning Commission adopt the attached Resolution No. 2450. A. Finding that Zoning Ordinance Amendment Case No. 24 , is exempt from the provisions of State CEQA Guide- lines, as amended by Section 15061b(3). B. Recommend that the City Council approve the - findings in Resolution No. 2450, waive further reading and introduce the proposed Zoning Ordinance Amendment. Prepared.By: , Louis Omoruyi . Associate Planner Reviewed By: Sol Blumenfeld Acting Community Development Director f:plenning/6rt/commission/bonafide.rec „ .` ATTACHMENTS• ' 1. Study: including survey of Cities 2. Resolution No. 2450 f:planning\art\cammission\bonafide.rer RESOLUTION NO. 2449 .� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD RECOMMENDING CITY ADOPTION OF AN AMENDMENT TO CI�APTERS 25 OF THE MUNICIPAL CODE WITH RESPECT TO RESTAURANT USE, CITY WIDE. WHEREAS, the Community Development Director has determined that this Amendment does not warrant a negative declaration and is on file in the Community Development Department and the, offices of the City Clerk. WHEREAS, the Planning Commission of the City of Lynwood considered all pertinent testimony offered at the public hearing; and WHEREAS, the Community Development Director has determined that this Amendment is exempt from the provisions of the State CEQA Guidelines as amended by Section 15061b(3) and is of the City Clerk. Section 1. The Planning Commission hereby finds and determines as follows: A. The proposed amendment will be consistent with the _ objectives and the development policies of the City of Lynwood. B. The proposed amendment will not unreasonably constrain the use of property by landowners and developers. • C. The proposed amendment will not adversely affect the . general plan. • Section 2. The Planning Commission of the City of ' Lynwood, based upon the aforementioned findings and determinations, hereby adopts the proposed amendment. APPROVED AND ADOPTED this 14th day of July, 1992, by the members of the Planning Commission voting as follows: AYES: NOES: ABSENT: ABSTAIN: Elizabeth Dixon Chairperson APPROVED AS TO CONTENT: APPROVED AS TO FORM: , Sol H2umenfeld, Acting Director Ken Fong Community Development Department Deputy City Attorney f:resolutn\reso2449 ORDINANCE NO. ;. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDMENT TO CHAPTER 25 OF THE MUNICIPAL CODE WZTH RESPECT TO RESTAURANT USE, CITY WIDE. The City Council of the City of Lynwood DOES HEREBY ORDAIN AS follows: Section 1. Chapter 25 of the Lynwood Municipal Code is hereby amended on restaurant use. . Section 25-2.1 & 8.1 To read as follows: Bonofide restaurant (full service). Such restaurant use shall ° mean a use with a minimum of 5000 square feet of gross floor area, with service for a minimum of 200 people. Such use " involves the serving of ineals commonly ordered at various times' during the day, and serving meals to guests for compensation. Section 2. Severabilitv. 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 jurisdiction, such decision shall not affect the validity of the remaining portions, of this ordinance or its application to other person 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 section, subsection, sentence, or place, be declared invalid or unconstitutional. , Section 3. The City Clerk is hereby ordered and directed to certify to the passage of this ordinance and to cause the same to ' be published once in the Lynwood Press, a newspaper of general circulation printed, published, and circulated in the City of Lynwood. First read at a regular meeting of the City Council of said City held on the _ day of , 1992 and finally ordered published at a regular meeting of said Council held on the _ day of , 1992. t:planning\ardinence:ord.res � AYES: � NOES: � ABSENT: LOUIS J. HEINE, MAYOR ATTEST: Andrea L. Hooper, City Clerk , . City of Lynwood APPROVED AS TO FORM: APPROVED AS TO CONTENT: General Counsel 501 Blumenfeld, Acting Director Community Development Department f:ordinence:ord.res