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.
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Maria