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HomeMy Public PortalAbout2012.099 (05-15-12)RESOLUTION NO. 2012.099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DENYING APPEAL NO. 2012 -01 FOR CONDITIONAL USE PERMIT NO. 2012 -02, A REQUEST TO ESTABLISH A SMALL RECYCLING FACILITY AT 3500 MARTIN LUTHER KING JR. BLVD., IN THE C -2 (LIGHT COMMERCIAL) ZONE, LYNWOOD, CALIFORNIA WHEREAS, the Lynwood City Council, pursuant to law, on May 15, 20-12 conducted a public hearing on the subject application; and WHEREAS, the City Council considered all pertinent testimony offered at the public hearing; and WHEREAS, the Lynwood Planning Commission, pursuant to law, on April 10, 2012 conducted a public hearing on the subject application; and denied Conditional Use Permit No. 2012 -02 to establish a small recycling facility; and WHEREAS, the Planning Commission considered all pertinent testimony offered at the public hearing; and WHEREAS, the Applicant is requesting approval for an approval of a conditional use permit ( "CUP ") to operate a small collection or mobile recycling facility of less than 500 square feet ( "Project ") to be located at 3500 Martin Luther King Jr. Boulevard, Assessor's Parcel No. 6191 - 015 -011, in the C -2 (Light Commercial) zone ( "Property "), which currently consists of one business, 7 -10 Market; and WHEREAS, an adjacent property (Assessor's Parcel No. 6191 - 015 -010), which is owned by a different property owner than that of the Property, consists of a restaurant and a dry cleaning business; and WHEREAS, on or about July 2011, the Applicant began operating a small collection or mobile recycling facility at the Property without a business license or use permit issued by the City, and the City issued three administrative citations for the Applicant's failure to obtain and maintain a business license for the recycling center business operations; and WHEREAS, Appendix A of Chapter 25 (Zoning) of the Lynwood Municipal Code ( "LMC ") specifically prohibits recycling facilities (collection only) within the C -2 (Light Commercial) Zone; and WHEREAS, Section 25 -25 -9 of the LMC conditionally permits, by CUP, small collection and mobile recycling facilities of less than 500 square feet, that meet all of the following criteria: 1. Be permitted in commercial centers only; 2. Be established in conjunction with a primary use which is in compliance with the zoning building, fire, and health codes of the city; 3. Occupy no more than three (3) of the parking spaces required for the primary use, not including spaces required for the periodic removal of containers or materials; 4. Not obstruct pedestrian or vehicular circulation; 5. Accept only glass, metals, plastic containers, and paper. Other reusable materials may be permitted if reviewed and deemed appropriate by the planning director; 6. Use no power driven equipment other than that required to operate reverse vending machines, 7. Be constructed and maintained with durable waterproof and rustproof material, 8. Be secure when the site is not attended; 9. Be of sufficient capacity to accommodate materials collected and the proposed collection schedule; 10. Be maintained in a clear and litter free condition on a daily basis; 11. Be clearly marked with operating instructions and a telephone number of a responsible person to call if the facility is out of order; 12. Require no additional parking spaces; and 13. Be attended during their hours of operation, which should be at least as long as those of the primary use(s) to which they are appurtenant; and WHEREAS, the Development Services Department has determined that the Project is categorically exempt from the provisions set forth in the California Environmental Quality Act ( "CEQA "), pursuant to Section 21080(b)(5) of the Public Resources Code, which states that CEQA does not apply to projects which a public agency rejects or disapproves; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The facts and conclusions referenced above are incorporated as if fully set forth herein, and the findings made by the Planning Commission herein are supported by substantial evidence contained in the record of this proceeding. Section 2. Pursuant to Section 25 -130 -5 of the LMC, which requires five findings to be made in approving a CUP, the Planning Commission hereby finds and determines as follows: A. That the proposed conditional use is inconsistent with the general plan. The Applicant's operation of a small collection or mobile recycling facility at the Property, which is in the C -2 (Light Commercial) zone, is prohibited under the Appendix A of Chapter 25 of the LMC. Specifically, Appendix A does not permit any recycling facilities within the C -2 (Light Commercial) zone, although recycling facilities are permitted by right within the C -2A, C -3, and PCD zones. Thus, use is inconsistent with the Zoning Map of the City's General Plan. Also, the property owner has not fulfilled his obligations on previous conditions of approval set forth in Site Plan Review, Condition No. 17: "In the event that the recycling center is vacated, abandoned or suspended, all structures, vehicles, trailers and /or units shall be removed from the premises within a period of ten (10) days following the vacation, abandonment or suspension of said premises. Noncompliance with this Section may be abated as a public nuisance in accordance with Section 3 -13 of the of the Lynwood Municipal Code ". B. That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use may adversely affect or be materially detrimental to these adjacent uses, buildings, or structures. The recycling facility can be considerd a mobile recycling facility because is less than 500 square feet, but it is not located in a commercial /shopping center, as required under Section 25- 25 -9(C) of the LMC. Under Article 200 of Chapter 25 of the LMC, a commercial /shopping center requires three (3) or more commercial establishments planned, constructed, and managed as a total entity, including, customer and employee parking provided on the site, provision for goods delivery separated from customer access, aesthetic design consideration, and protection of the elements. The property only houses 7 -10 Market, and the adjacent property houses a restaurant and cleaners business. The properties were not planned, constructed or are managed as a single or total entity. Because the Project is not located within a commercial center operated by a single or total entity, it cannot be adequately shown that adverse effects of a recycling facility, such as loitering and presence of excessive junk, trash, or debris, will be curtailed or eliminated. C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. LMC Section 25- 25 -9(C) states that small recycling facilities and mobile units (less than 500 square feet) are permitted in commercial centers only, must take up no more than 3 parking spaces, and must be aciallary to a primary use that is in compliance with the zoning code among others. The recycling facility can be considerd a mobile recycling facility because is less than 500 square feet and does not take up more than 3 parking spaces. The Property can physically accommodate the proposed Project. D. That the proposed conditional use complies with all applicable development standards of the zoning district. Currently the Property is developed with a 7 -10 Market; the market complies with the development standards set by Site Plan Review No. 2003 -13. Nonetheless, the proposed Project does not comply with the applicable development standards of recycling facilities under Section 25 -25 -9 of the LMC. Section 25- 25 -9(C) requires small collection and mobile recycling facilities to be conditionally permitted at commercial centers only, and the Property does not qualify as a commercial or shopping center because the Property (or the adjacent property) does not have three (3) or more establishments that are planned, constructed, or managed as a total entity, as defined in Article 200 of Chapter 25 of the LMC. Moreover, the proposed Project is located within the C -2 (Light Commercial) zone, but recycling facilities are prohibited uses within the C- 2 zone under Appendix A of Chapter 25 of the LMC. E. That the proposed conditional use failes to observe the spirit and intent of this zoning code. The proposed Project is located within the C -2 (Light Commercial) zone, which does not allow recycling facilities, per Appendix A of Chapter 25 of the LMC. Also, the recycling facility does not meet the required elements of a mobile recycling facility under LMC Section 25- 25 -9(C) because it is not located within a commercial center. Section 3. The Planning Commission of the City of Lynwood, based upon the aforementioned facts, findings, and determinations, hereby denied Conditional Use Permit No. 2012 -02 on April 10, 2012. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED, APPROVED and ADOPTED on this 15 day of May 2012. im Morton, Mayor t ATTEST: aria • Clerk / APPROVED AS TO FORM: Fred Galante, City)orney APPROVED AS TO CONTENT: Jo than Colin, Director of D elopment Services STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 15 day of May, 2012. AYES: COUNCIL MEMBERS RODRIGUEZ, SANTILLAN -BEAS, ALATORRE AND MORTON NOES: NONE ABSENT: COUNCIL MEMBER CASTRO ABSTAIN: NONE Maria Quinonez, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2012.099 on file in my office and that said Resolution was adopted 'on the date and by the vote therein stated. Dated this 15 day of May, 2012. �� ri, WP411 � /i �.��.I% Maria