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HomeMy Public PortalAboutA 2012-06-12 PLANNING COMMISSIONDEVELOPMENT SERVICES & PLANNING DIVISION AGENDA LYNWOOD PLANNING COMMISSION AND PARKING & BUSINESS IMPROVEMENT DISTRICT BOARD CITY HALL COUNCIL CHAMBERS 11330 BULLIS ROAD LYNWOOD, CA 90262 June 12, 2012 6:00 P.M. PLANNING COMMISSIONERS FETID U! ! i y _. , o,-! -', O Q r^Af" , Q-'Vv "Cq' Marvin Aceves Elizabeth Battle Alex Landeros Commissioner Commissioner Commissioner Kenneth West . Bill Younger Chair Commissioner - COMMISSION COUNSEL Pam Lee, Assistant City Attorney Law Office of Aleshire and Wynder STAFF Jonathan Colin, Rita Manibusan Karen Figueredo, Director Manager Planning Associate Cit of LYNWOOD (-A City LMeetiAq 0300enges ' 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 603 -0220 Octavio Silva Planning Associate OPENING CEREMONIES 1. Call meeting to order. 2. Flag Salute. 3. Swear in of new commissioner. 4. Roll call of Commissioners. 5. Certification of Agenda Posting. 6. Minutes of Planning Commission Meeting: April 10, 2012 7. Reorganization of the Planning Commission SWEARING IN SPEAKERS 8. The Lynwood Planning Commission shall swear in all persons wishing to testify on any item listed on the Planning Commission Agenda. Residents shall swear to tell the truth, the whole truth and nothing but the truth. PUBLIC ORALS 9. At this time, any member of the public may comment on any issue within the jurisdiction of the Planning Commission that is not on the Agenda. Members of the public may also comment at this time on any Agenda Item that is not scheduled for a public hearing. To preserve continuity, the Planning Commission Chair may, at his /her discretion, request members of the public wishing to comment on Agenda Items for which public hearings are not scheduled to hold their comments until just prior to the Commission's discussion of the Agenda Item in question. CONTINUED REGULAR AGENDA NONE NEW REGULAR AGENDA 10. conditional Use Pe'rrnit No. 99 -15 Modification y. APPLICANT: Veronica Zamudio 11120 Atlantic Ave. APN: 6194 - 012 -004 & 005 2 Proposal Request for approval to allow a Type 47 Alcoholic Beverage Control (ABC) license for the on- premises sale of beer, wine and distilled spirits at Mariscos El Viejon. The property is located at 11120 Atlantic Ave. in the C -3 (Heavy Commercial) zone. Currently, existing Conditional Use Permit No. 99 -15 allows a Type 41 ABC license for the on- premise sale of beer and wine only. Recommendation Staff recommends that the Planning Commission and Parking and Business Improvement District approve Resolution No. 3293, approving Conditional Use Permit No. 99 -15 Modification. 11. Conditional Use Permit No. 22 Modification APPLICANT: Juan Garcia Corona 11004 Atlantic Ave. APN:6194- 004 -042 Proposal Request for approval to allow a Type 47 Alcoholic Beverage Control (ABC) license for the on- premises sale of beer, wine and distilled spirits at Corona's Grill restaurant. The property is located at 11004 Atlantic Ave. in the C -3 (Heavy Commercial) zone. Currently, existing Conditional Use Permit No. 22 allows a Type 41 ABC license for the on- premise sale of beer and wine only. Recommendation Staff recommends that the Planning Commission and Parking and Business Improvement District approve Resolution No. 3294, approving Conditional Use Permit No. 22 Modification. COMMISSION ORALS STAFF ORALS ADJOURNMENT Adjourn to the regular meeting of the Lynwood Planning Commission on July 10, 2012 at 6:00 p.m. in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California, 90262. 3 ITEM No. I April 10, 201 LYNWOOD PLANNING COMMISSION MEETING, April 10, 2012 Item #i- Call Meeting to Order Chair West called the meeting to order at 6:05 p.m. Item #2- Flag Salute Commissioner Younger led the flag salute. Item #3- Roll Call of Commissioners Development Services Director Colin called roll. Commissioner Younger, Commissioner Aceves and Chair West were present. Commissioner Landeros called to inform staff that he would be absent. Also present were Development Services Director Jonathan Colin, Planning Associate Karen Figueredo, Planning Associate Octavio Silva, Public Works Manager Elias Saikaly and Counsel Pam Lee. Item #4- Certification of Agenda Posting Chair West asked if the Agenda had been duly posted and Development Services Director Colin indicated that the Agenda was in fact duly posted. Item #5- March 13, 2012 Planning Commission Meeting It was moved by Commissioner Younger, seconded by Commissioner Aceves to approve the meeting minutes of the March 13, 2012 Planning Commission meeting. Development Services Director Colin called roll and the motion to approve the minutes passed 3 -0. Item #6- Reorganization of the Planning Commission Staff recommended that the item be continued to a later meeting date in order to accommodate the appointment of a new Planning Commissioner. y� s, Item #7- Swearing in of Speakers City Clerk Maria Quinonez was present swear in members of the, audience.. . . I Item # 8- Public Orals NONE CONTINUED REGULAR AGENDA NONE NEW REGULAR AGENDA Item # 9- Conditional Use Permit No. 2012 -02 PREPARED BY: Jonathan Colin, Director of Development Services Karen Figueredo, Planning Associate SUBJECT: Conditional Use Permit request for the operation of a new Recycling Center at 3500 Martin Luther King, Jr. Blvd. Development Services Director Colin provided a project presentation and background on the applicant's proposal. The project applicant, Hamlet Betsarghez, provided additional information regarding his proposal and indicated that he has several recycling centers throughout Los Angeles County. The applicant indicated that he was working with the State of California in order to establish the recycling center. Chair West opened the public hearing for the proposed project. Development Services Director Colin asked members of the audience whether they needed Spanish translation services. Audience members indicated that they did in -fact need translation services. Development Services Director Colin, then continued to provide such service through the course of the public hearing. Commissioner Younger asked whether the applicant was currently operating the recycling center at the subject property. The applicant indicated that he was not operating the center but that it was open for 24 days, until he was informed that a business license was required from the City of Lynwood. Commissioner Younger asked whether the applicant understands that the zoning for the subject , property does not allow a recycling Eehter. Thy: applicant indicated that he was under the impression that a recycling center was permitted on the site. 2 Commissioner Aceves asked the applicant about the leasing of the property. The applicant indicated that he has an additional 17 recycling center sites in which he has obtained leasing and business licenses for. Members of the audience spoke in opposition of the proposed project. Concerns related to the project include vandalism to neighboring properties as well as local schools, blight in the community and vector control issues. The applicant was then provided an opportunity to address concerns brought forth by members of the community. The applicant indicated that he is a new operator and has established mitigation measures to reduce impacts to neighbors. After testimony was heard by the Planning Commission, Chair West closed the public hearing. It was moved by Commissioner Younger, seconded by Commissioner Aceves to approve Resolution No. 3292, denying Conditional Use Permit No. 2012 -02. RESOLUTION NO. 3292: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD DENYING 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 ROLL CALL AYES: NONE NOES: YOUNGER, ACEVES, WEST ABSENT: LANDEROS COMMISSIONER ORALS Commissioner Aceves indicated that he has some concerns regarding the proposed recycling center particularly its impact on the local schools as related to noise and smells. STAFF ORALS Planning Associate Silva provided a brief presentation regarding the City's proposal to establish a City-Wide Bicycle and Pedestrian Master Plan. The plan is a result, of fundir)g and assistance provided by the ry Los Ange�es County Department of Public Health. ADJOURNMENT 3 It was moved by Commissioner Younger seconded by Commissioner Aceves to adjourn at 7:00 p.m. to the next regular meeting of the Lynwood Planning Commission in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California, 90262. APPROVED AS TO CONTENT: Jonathan Colin, Director Development Services Kenneth West, Chair Lynwood Planning Commission APPROVED AS TO FORM: Pam Lee, City Attorney Planning Commission Counsel ; . ITEM No. 10 Conditional Use Permit No. 99 -15 MOD City 4 LYNWOOD �� � �( Ctty �IA¢et(ag C11D¢e�s I I 11330 SULLIS ROAD LYNWOOD. CALIFORNIA 90262 (310) 603 -0220 DATE: June 12, 2012 TO: Honorable Chair and Members of the Planning Commission FROM: Jonathan Colin, Director of Development Services Karen Figueredo, Planning Associate SUBJECT: 11120 Atlantic Ave. Conditional Use Permit No. 99 -15 Modification. APN 6194 - 012 -004 & 005 APPLICANT: Veronica Zamudio PROPOSAL The applicant, Veronica Zamudio, is requesting approval of Conditional Use Permit No. 99 -15 Modification to allow a Type 47 Alcoholic Beverage Control (ABC) license for the on- premises sale of beer, wine and distilled spirits at Mariscos El Viejon restaurant located at 11120 Atlantic Avenue. Currently, existing Conditional Use Permit No. 99 -15 allows a Type 41 ABC license for the on- premise sale of beer and wine only. BACKGROUND The Mariscos El Viejon restaurant is located on the east side of Atlantic Avenue between Elmwood Avenue and Beechwood Avenue within the Heavy Commercial (C -3) zone. The restaurant is approximately 2,175 square feet and is comprised of a general dining area and kitchen facilities and 371 square feet exterior patio. The rest .aurant is currently in operation and has completed an interior and exterior building remodel. G .. In 1999, the City's Planning Commission approved Variance No. 99 -06 at the subject property in order to reduce the distance required for liquor establishment from 500 feet to 20 feet, Conditional Permit No. 99 -07 allowing the sale of alcoholic beverages in a sport bar, and Conditional Use Permit No.99 -15 allowing a Type 41 ABC license for the sale of beer and wine in a bona -fide restaurant. The applicant is currently requesting to modify her existing license to allow a Type 47 ABC license, which includes beer, wine and distilled spirits. ANALYSIS & DISCUSSION Mariscos El Viejon is a full- service sit -down restaurant, which provides a complete list of menu options. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. Mariscos El Viejon recently obtained a special permit from the City of Lynwood's City Council in order to authorize live entertainment Monday - Thursday, between the hours of 7:00 p.m. - 10:00 p.m. and Friday- Sunday, between the hours of 7:00 p.m. -2:00 a.m. The applicant's request for an alcoholic beverage control license is in compliance with the City's zoning regulations. The alcoholic beverages will be located within the storage area. A recent analysis of Type 47 ABC licenses in the City of Lynwood indicates that there are currently three (3) Type 47 ABC licenses within the City's 4.9 square mile radius. To ensure the business operates as a full - service eating establishment as well as to minimize the potential impacts associated with increased alcoholic beverage sales at the proposed restaurant location, the Development Services Department is recommending conditional approval of the project. These proposed conditions are intended to mitigate any concerns that may negatively affect the adjacent neighborhood and surrounding area. Based upon analysis of the project and its compatibility with the City's General Plan and applicable development standards, staff recommends that the Planning Commission approve Resolution No. 3293, approving Conditional Use Permit No. 99 -15 MOD. REQUIRED FINDINGS Lynwood Municipal Code Section 25.130.050 sets forth five (5) findings the Planning Commission must make in order to approve a conditional use permit. The following is a summary of findings, followed by staff determinations: y ' A. That the proposed modification the Conditional Use is consistent with the General Plan; The General Plan designation of the subject property is General Commercial. The existing restaurant is a use that is consistent with the City's General Plan. Goal LU -2 of the General Plan encourages land use planning that accommodates the City's needs for goods and services. A restaurant with an ancillary alcohol license provides a dining service to the residents and businesses of Lynwood. B. That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the modified use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures; The proposed alcohol beverage license will provide an ancillary service to the restaurant and thereby benefit the community by providing an additional food-related amenity in the community. Conditions have been placed on the ABC license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. C. That the site for the proposed conditional use is of adequate size and shape to accommodate the modified use and buildings proposed; The Project Site is appropriate in size to allow the operation of the existing restaurant and ancillary ABC license. The overall lot size is approximately 9,540 square feet in area and the restaurant building occupies 2,175 square feet. The proposed project for a Type 47 ABC license will not require an expansion of the size, shape, or use of the building or property. The applicant is not requesting to construct any additional building area. D. That the proposed conditional use complies with all applicable development standards of the zoning district; The Project Site is an existing restaurant; the proposed use complies with the existing code, the proposed type modification will not change or require any amendments. The project site has twenty four (24) existing off - street parking stalls. E. That the proposed conditional use observes the spirit and intent of this Zoning Code. The Heavy Commercial zone provides for a variety of food related uses including sit -down restaurants as well as fast -food and take -out only establishments. The LMC permits restaurants with alcohol sales subject to the issuance of a Conditional Use Permit. ENVIRONMENTAL ASSESSMENT q The Development Services Department has determined that proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) because the project involves negligible or no expansion of an existing use. Staff recommends that the Planning Commission approve Resolution No. 3293 approving Conditional Use Permit No. 99 -15 MOD as conditioned. Attachments: 1. Project Profile 2. Location Map 3. Resolution No. 2725 4. Resolution No. 2715 5. Resolution No. 2737 6. Type 47 ABC License Survey 7. Resolution No. 3293 PROJECT PROFILE Conditional Use Permit No. 99 -15 MOD 11120 Atlantic Avenue APN: 6194 - 012 -004 & 005 1. Source and Authority The findings required in order to make a Conditional Use Permit determination are located in Chapter 25 of The Lynwood Municipal Code within Article 130. 2. Property, Location and Size The overall lot size is approximately 9,540 restaurant building occupies 2,175 square feet. 3. Existing Land Uses Site Developed North: Commercial South: Commercial West: Commercial East: Residential square feet in area and the 4. Land Use Designation The subject parcel has a General Plan designation of Commercial, which is consistent with the C -3 (Heavy Commercial) zone. The adjacent properties General Plan and Zoning designations are as follows: Site General Plan Zoning North: Commercial C -3 (Heavy Commercial) South: Commercial C -3 (Heavy Commercial) West: Commercial C -3 (Heavy Commercial) East: Residential R -2 (Two Family Residential) 5. Site Plan Review The Site Plan Review Committee has reviewed and approved the project. 6. Code Enforcement History None on record at the time of this report. 7. Public Response None on record at the time of this report. d. e 7 LOCATION MAP Vo .17 Alia KW*n1 ` - � r`'7 L .% -I •` J t ILI i Event Ccreer ,h ^ t .: M1$ CYY Nod C U j E r be ^ W agon 4 a Wheel ke &, uR &tcE3 Q , 1 � � i b.Ew,wmr kat � a wkve ADDRESS: APN: CASE NO.: APPLICANT: 11120 Atlantic Avenue APN 6194 - 012 -004 & 005 Conditional Use Permit No. 99 -15 MOD Veronica Zamudio, Mariscos El Vieion B RESOLUTION NO. 2725 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING VARIANCE NO. VAR 99-06 TO REDUCE THE DISTANCE REQUIRED FOR LIQUOR ESTABLISHMENTS FROM 500 FEET TO 20 FEET, AT 11120 S. ATLANTIC AVENUE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, IN THE CJ HEAVY COMMERCIAL ZONE. WHEREAS, the Lynwood Planning Commission, pursuant to law, on June 8, 1999 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 the Community Development Department has determined that the proposal is categorically exempt from the provisions of the California Environmental Quality Act, pursuant to Section 15061(b)(3) of the State Guidelines as amended; therefore Section 1. The Planning Commission hereby finds and determines as follows: a. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this chapter. b. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved which do not apply generally to other properties in the same zone. C. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other similar properties in the same zone. d. That the granting of the variance, as conditioned, will not constitute the granting of a special privilege inconsistent with the limitations on other properties in the vicinity classed in the same zone. e. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. f. That the granting of the variance will not adversely affect the orderly development of the City. g. That the granting of the variance will not impact present nor anticipated growth for Atlantic Avenue . h. That the'oranting of the Wariance will not create a safety hazard or andl p other condition inconsistent with the objectives of the City Zoning Ordinance. n..o«arawmei�imnFSOiz.ouc . r •. Section 2. The Planning Commission of the City of Lynwood, based upon the aforementioned findings and determinations, hereby approves Variance No. VAR 99- 06 with the following conditions: CONDITIONS OF APPROVAL Community Development Conditions 1. The proposed development shall comply with all applicable regulations of the Lynwood Municipal Code, 2. Any subsequent modification of the subject site or structures thereon, shall be first reported to the Community Development Department, Planning Division for review. 3. The applicant, or his representative, shall sign a Statement of Acceptance stating he/she has read, understands, and agrees to the conditions stated herein before issuance of building permits for said application. 4. The applicant shall meet the requirements of all other city departments. Public Works Conditions The Public Works Department has found no reason to establish conditions at this time. Fire Department Conditions The fire department has found no reason to establish conditions at this time. Section 3. A copy of this resolution shall be delivered to the applicant. APPROVED AND ADOPTED this 8th day of June, 1999, by members of the Planning Commission, voting as follows: AYES: Commissioner(s) Abarca, Bames, Dove, Maciel, Mantapaz, Patel, Reed NOES: None ABSENT: None ABSTAIN: None APPROVED AS UC: Ga hico irector community Development Department 1' 8 0 Willard Reed, Chairman APPROVED AS TO FORM: 'dc0 Pla ing Commission Counsel q i e e. u Y i I .. RESOLUTION NO. 2715 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 99 -07 (CUP 99 -07) ALLOWING THE SALE OF ALCOHOLIC BEVERAGES IN A SPORT BAR AT 11120 S. ATLANTIC AVENUE, IN THE C-3 (HEAVY COMMERCIAL) ZONE, LYNWOOD, CALIFORNIA WHEREAS, the Lynwood Planning Commission, pursuant to law, on May 11 and June S, 1999 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 California Environmental Quality Act pursuant to Section 15061(b) (3) of the CEQA Guidelines as amended; and WHEREAS, the proposal is consistent with the General Plan in that the subject site is designated "Commercial" on the General Plan Map; therefore Section 1. The Planning Commission hereby finds and determines as follows: A. The proposed use is adequate in size to meet the requirements of the Official Zoning Ordinance. 13 That the proposed location of the Conditional Use is in accord with the requirements of the Zoning Ordinance and the purpose of the zone in which the site is located. C. 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. D. 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 findings and determinations, hereby approves Conditional Use Permit, Case No. 99 -07 provided the following conditions are observed and complied with at all times. COMMUNITY DEVELOPMENT DEPARTMENT I q 1. Theyprppcsed development shall comply �rlth all applicable regulatiohsi;pf the Lynwood Municipal Code, the Uniform Building ! Code and the Uniform Flre Code. 2. Any crcpesed subsequent modification of the subject site or structures thereon shall be first reported to the Community Development Department, Planning Division, For review. 3. The applicant andfor his representative shall sign a Statement of Acceptance stating that he %she has read, understands, and agrees to all conditions of this resolution prior' o issuance of any building pennits. Q PLANNING DIVISION 4. The noise levels generated by the operation of such establishment shall not exceed 60 dba on adjoining properties zoned or used for residential purposes. 5. The sport bar shall maintain a minimum customer serving area, as shown on approved plans, (at least 42 % of the serving section) with a minimum seating area for 40 persons at tables or booths. 6. If applicable, construction of any internal improvements shall commerce within six (6) months from date of issuance of building permits. 7. The subject building shall be accessible to the handicapped. 8. No alcoholic beverages shall be sold prior to 9:00 a.m. nor after 2 a.m. 9. No alcoholic beverage advertising shall be located on windows or the exterior walls of the building. 10. The owner and lessee will maintain a pro-active approach to the elimination of graffiti from the structures, fences and any accessory buildings, on a daily basis. 11. Access to restroom facilities shall be provided. Restrooms shall be signed and well lighted. 12. The Building Department shall examine the bathroom facilities to assure that they fully conform to all applicable codes and standards. 13. A sianage plan must be submitted for Redevelopment Division approval, prior to installation or modification of signs. 14. Security lighting shall be installed on site vehicle access from the rear of the property shall not be permitted. A block wall shall be installed on the eastern property line to mitigate noise. 15. Alcoholic beverages shall not be sold for off -site consumption. 16. This application shall be subject to yearly review by the Planning Commission and Redevelopment Agency. 17. This permit shall become void in one hundred twenty (120) days, unless extended, after the use permitted has been abandoned or has ceased to be actively exercised. PUBLIC WORKS/ENGINEERING DEPARTMENT The Public Works and Engineering Department has found no cause to establish conditions for this application at this time. FIRE DEPARTMENT The Fire Department found no cause to establish conditions for this application at this time. Section 3. A copy of the Resolution No. 2715 and its conditions shall be delivered tory]h;( applicert: 2 I 1 VI violation of said conditions in this resolution may resuR in revocation or modification of the Conditional Use Permit by the issuing body at a ��_ Any regularly scheduled meeting b members of the APPROVED AND ADOPTED PT E D this 8th of June i999, Y as Planning Commission, voting AYES: C Abarca, Bames, Dove. Maciel, dWnlapaz Patel, Reed NOES: None ABSENT: None ABSTAIN: None Willard H. Reed, Chairperson APPFjOxE O CONTENT:. APPROVED AS TO F RM: Thever Gary hicots, Director Shan and Ass . ociates Community Development Dept. Planning Commission Counsel Y � i nn...a,dr�kwnyr_+�« "<.ozns sac q , _ fl. 9 � 9 !!' y e. v � e. RESOLUTION NO. 2737 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 99 -15 (CUP 99 -151 IN ORDER TO SELL BEER AND WINE, IN A BONOFIDE RESTAURANT, AT 11120 S. ATLANTIC AVENUE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, IN THE C -3 HEAVY COMMERCIAL ZONE. WHEREAS, the Lynwood Planning Commission, pursuant to law, on September 14, 1999 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 the Community Development Department has determined that the proposal is categorically exempt from the provisions of the California Environmental Quality Act, pursuant to Section 16061(b)(3) of the State Guidelines 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 structures, parking, walls, landscape by the official Zoning Ordinance. b. The structures, as proposed subject to conditions, will not have a negative effect on the values of surrounding properties or interfere with or endanger the public, health, safety, or welfare. C. The site will be developed pursuant to the current zoning regulations and site plan submitted and approved by the Site Plan Review Committee. d. The granting of the Conditional Use Permit will not adversely affect the General Plan. e. The proposed development will aid in aesthetically upgrading the area and will act as a catalyst in fostering other quality developments. Section 2. The Planning Commission of the City of Lynwood, based upon the aforementioned findings and determinations, hereby approves Conditional Use Permit No. 99 -15 (CUP 99 -15) with the following conditions: CONDITIONS OF APPROVAL y Community DevelopmentDeoartment it ,I 1. The proposed development shall comply with all applicable regulations of the Lynwood Municipal Code. 2. Any subsequent modification of the subject site or structures therson, shall be first reported to the Community, Development DepjrtrrenL Planning Diab�m for review. .;. Rmti V9 -IM9 1 � 3. The applicant, or his representative, shall sign a Statement of Acceptance stating he /she has read, understands, and agrees to the conditions stated herein before issuance of building permits for said application. 4. The applicant shall meet the requirements of all other city departments. Planning Division 5. The conditional use must become operational within 180 days of the issuance of this approval. If not acted on within 180 days (e.g. signed Statement of Acceptance submitted to the Planning Division, issuance of a building permit for the project, and /or issuance of an Occupancy permit) the Conditional Use Permit shall become invalid. One extension may be granted. To avoid invalidation, the extension must be requested prior to the end of the valid period. The extension may be granted at the sole and absolute discretion of the Community Development Director. 6. A block wall at a maximum height of eight (8) feet shall be erected along the east side and rear yard setbacks only. 7. A sign permit is required prior to installing any signs on the property. 8. All structures shall be sufficiently soundproofed to prevent annoyance or detriment to surrounding properties 9. Any artificial light shall be designed to reflect away from adjoining properties 10. Adequate off - street parking shall be provided in accordance with the provisions of the Zoning Ordinance. Or, one (1) parking space for each employee on the maximum working shift, and one (1) handicap and guest parking space. 11. All parking areas shall be re- surfaced and re- stripped. No parking area shall be used for outdoor recreation. 12. Refuse Storage Areas: Unless noted on approved plans, garbage or trash receptacles shall be metal or plastic containers equipped with overlapping, fly -tight lids, or other comparable containers as may be approved by the Director of Community Development. Such containers shall be stored in an area that is enclosed on three (3) sides by a solid masonry and equipped with a latched gate. The wall should be at least six feet (6') in height 13. There shall be no outside storage of materials or equipment of any kind once the Certificate of Occupancy is issued. 14. The owner or operator shall maintain a pro -active approach to the elimination of graffiti from the structure(s), fences, and any accessory building(s) on a daily basis. 15. The existing property shall be cleaned and maintained in a sanitary, neat, and orderly manner at all times. Failure to Amply may results in review and consideration of revocation of the Conditional Use Permit No. 98 -14. 16. A cover sheet of approved conditions under this resolution must be attached to plans prior to submission to the Building and Safety Division. n?wnmrvmoma�ww�xe�azrw ooc Eri..d 99 -t6A9 2 5 i I r!,i Public Works Deparbnent 17. Regrade parkway and landscape with grass. 18. Underground existing utilities if any modifications are proposed for the electrical service panel. 19. A permit from the Engineering Division is required for all off -site improvements 20. All required water meters, meter service changes and /or fire protection lines shall be installed by the developer. The work shall be installed by the developer. the work shall be performed by a licensed contractor hired by the developer. The contractor must obtain a permit from the Public Works/ Engineering Division prior to performing any work. Building and Safety Division 21. " All Construction shall meet or exceed the minimum building standards which are referenced in the following codes: • The Uniform Building Code - 1997 edition; • The Uniform Plumbing Code - 1997 edition; • The Uniform Mechanical Code - 19997 edition; • The Uniform Fire Code - 1997 edition; and • The National Electric Code - 1996 edition, all as amended by the California Building Code of 1998. 22. In case where the provisions of the California Code, the City of Lynwood Municipal Code, or the provisions in these plans may conflict, the more restrictive provisions shall govern." Fire Department 23. Provide and submit fire Suppression system plans to Bureau of Fire Prevention_ 24. Provide approved smoke detector. 25. Exit doors shall open out. 26. Provide second Exit. 27. Provide approved portable fire extinguishers. r.pbmk •._s..v.cc'SWnt000 3 Reriszal �F -�C -N Section 3. A copy of this resolution shall be delivered to the applicant. APPROVED AND ADOPTED this 14th day of September, 1999, by members of the Planning Commission, voting as follows: AYES: Commissioners) Abarca, Barnes, Dove, Maciel, Manlapaz, Patel, Reed NOES: None ABSENT: None ABSTAIN: None A APPRE TO CONTENT: Gary Chicots, Director community Development Department Willard H. Reed, Chairman APPROVED AS TO FORM: I manninj Commi sion Counsel Leor. ¢ ixE`A'.b]OOf 4I Rc ed "-I6 -W d a, City of Lynwood Type 47 ABC License Survey License Status License Orig. Expir. Address Business Number Type Iss. Date Name Date 197429 Active 47 1/23/87 9/30112 11020 Viva Mexico Atlantic Restaurant Ave. 405270 Active 47 2/27/04 1/31/13 3150 E. La Huasteca Imperial Restaurant Hwy. 450675 Active 47 4/26/07 3/31/12 11215 Guelaguetza Long Restaurant Beach Blvd. Suite No. 1010 RESOLUTION No. 3293 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 99 -15 MODIFICATION IN ORDER TO MODIFY A TYPE 41 ABC LICENSE (ON SALE BEER & WINE IN A BONA FIDE EATING ESTABLISHMENT) TO A TYPE 47 ABC LICENSE (ON SALE, BEER WINE & DISTILLED SPIRITS IN A BONA FIDE EATING ESTABLISHMENT) AT 11120 ATLANTIC AVENUE, IN THE C -3 (HEAVY COMMERCIAL) ZONE, FURTHER DESCRIBED AS ASSESSOR'S PARCEL NUMBER 6194- 012 -004 & 005 CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, on June 12, 2012 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 Lynwood Planning Commission, pursuant to law, on September 14, 1999, approved Conditional Use Permit No. 99 -15 and Resolution No. 2737 for a Type 41 Alcoholic Beverage Control ("ABC's License for the on- premise sale of beer and wine at a restaurant located at 11120 Atlantic Avenue (" Mariscos El Viejon'�; and WHEREAS, the Lynwood Planning Commission, pursuant to law, on June 8, 1999, approved Variance No. 99 -06 and Resolution No. 2725 in order to reduce the distance required for liquor establishments from 500 feet to 20; and WHEREAS, the Lynwood Planning Commission, pursuant to law, on June 8, 1999, approved Conditional Use Permit No. 99 -07 and Resolution No. 2715 allowing the sale of alcoholic beverages in a sport bar; and WHEREAS, the Applicant, Veronica Zamudio, is requesting a modification to CUP No. 99 -15 to allow a Type 47 ABC license for the on- premise sale of beer, wine, and distilled spirits at Mariscos El Viejon; and a q y y s WHEREAS, The Development Services Department has determined that proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities), as the proposed project involves negligible or no expansion of an existing use. Section 1. The Planning Commission hereby finds and determines as follows: A. That the proposed modification to the Conditional Use is consistent with the General Plan; The General Plan designation of the subject property is General Commercial. The existing restaurant is a use that is consistent with the City's General Plan. Goal LU -2 of the General Plan encourages land use planning that accommodates the City's needs for goods and services. A restaurant with an ancillary alcohol license provides a dining service to the residents and businesses of Lynwood. B. That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the modified use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures; The proposed alcohol beverage license will provide an ancillary service to the restaurant and thereby benefit the community by providing an additional food - related amenity in the community. Conditions have been placed on the ABC license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; The Project Site is appropriate in size to allow the operation of the existing restaurant and ancillary ABC license. The overall lot size is approximately 9,540 square feet in area and the restaurant building occupies 2,175 square feet. The proposed project for a Type 47 ABC license will not require an expansion of the size, shape, or use of the building or property. The applicant is not requesting to construct any additional building area. D. That the proposed conditional use complies with all applicable development standards of the zoning district; The Project Site is an existing restaurant; the proposed use complies with the existing code, the proposed type modification will not change or require any amendments. The project site has twenty four (24) existing off - street parking stalls. E. That the proposed conditional use observes the spirit and intent of this Zoning Code. y ' ' " The Heavy Commercial zone provides for a variety of food related uses including sit -down restaurants as well as fast -food and take -out only establishments. The LMC permits restaurants with alcohol sales subject to the issuance ofra Conditional Use Permit. uu 2 Section 2. The Planning Commission of the City of Lynwood hereby approves Conditional Use Permit No. 99 -15 MOD, subject to all conditions, restrictions and limitations set forth as follows: CONDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT 1. The project shall comply with all regulations of the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code, other city Department and applicable State and Federal regulations. 2. Any subsequent modification of the subject site or structures thereon shall be first reported to the Development Services Department, Planning Division, for review and approval. 3. The property owner or his /her representative, shall sign a Statement of Acceptance stating he /she has read, understands, and agrees to the conditions stated herein before issuance of building permits for said application by the Site Plan Review Committee. 4. The Site Plan Review approval shall lapse and become void two (2) years from the date of this document unless all conditions of said permit are met and a building permit is issued or substantial progress has been made toward establishing this use. 5. Prior to obtaining a final from Building Division applicant/ property owner shall obtain final signatures from other departments (i.e. Fire Department, Planning, and Public Works /Engineer Department) 6. All appeals must be brought within ten (10) working days of the date of the final action by the Development Services Director, or Site Plan Review Committee. An appeal will be scheduled for public hearing before the Lynwood Planning Commission. Persons filing the appeal must submit application and pay a fee of $1,083. PLANNING- DIVISION 7. Any amendment I to, this Conditional Use Permit must be submitted I i to the Planning Division for Review." 3 8. The sales, service, and consumption of alcoholic beverages shall be permitted only Monday- Thursday between the hours of 10:00 a.m. — 9:30 p.m. and Friday- Sunday, between the hours of 10:00 a.m. -1:30 a.m. 9. The restaurant must be maintained as a bona fide eating establishment and shall provide a menu containing an assortment of foods normally offered in restaurants. An eating establishment as defined by the Alcoholic Beverage Control Board must include the following items: a) One conventional range /oven b) An automatic dishwasher c) A double sink d) A 25 cubic foot refrigerator e) A four -foot by six -foot food preparation area 10. There shall be no fixed bar on the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. 11. At all times when the premises are open for business the sale of alcoholic beverages shall be made only in conjunction with the sale of food to the person ordering the beverage. 12. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 13. Any music or noise shall be conforming to the City of Lynwood's Noise Ordinance. A special permit approved by Lynwood City Council shall be obtained for entertainment. 14. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 15. It shall be the applicant(s) responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant(s). 16. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 17. The applicant(s) shall be responsible for maintainirig'the premises free of graffiti. a. s e. n 2 18. There shall be no pool tables, coin - operated games, or videos machines maintained upon the premises at any time. 19. The quarterly gross sale of alcoholic beverages shall not exceed the gross sales of food during the same period. 20. This land use authorization is only for type 47 on -sale general, public eating - place, any other license use at this location will require a new land use clearance. 21. Window displays must be kept to a minimum for a maximum visibility and shall not exceed 25 percent of the window coverage. 22. This resolution supersedes any past entitlements to include Resolution No. 2737 and 2715. Modification of this Conditional Use Permits requires Planning Commission approval. LOS ANGELES COUNTY FIRE DEPARTMENT 23. The applicant shall comply with all conditions set forth by the Los Angeles County Fire Department for this application. Please contact the Los Angeles County Fire Department, Land Development Unit, Fire Prevention Division, 5823 Rickenbacker Road, Commerce, CA 90040 -3027, (323) 890 -4243. Fire Department approval is required prior to the issuance of Building Permits. Section 3. A copy of Resolution No. 3293 shall be delivered to the applicant. APPROVED AND ADOPTED this 12 day of June, 2012, by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: 1 5 ITEM No. 11 Conditional Use Permit No. 22 MOD REQUEST FOR: Planning Commission Action /� tq, T PLANNING COMMISSION MEETING DATE: June 12, 2012 TITLE: CONDITIONAL USE PERMIT NO. 22 MODIFICATION- TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR CORONA'S GRILL AT 11004 ATLANTIC AVENUE, APN 6194 - 004 -042 Prepared by PLANNING DIVISION STAFF: APPROVED ❑ As Recommended • As Amended • Set Public Hearing For DENIED ❑ Applicant's Request CONTINUED TO Development Services Director PROPOSAL: The applicant, Juan Garcia Corona, is requesting approval of Conditional Use Permit No. 22 Modification to allow a Type 47 Alcoholic Beverage Control (ABC) license for the on- premise sale of beer, wine and distilled spirits at Corona's Grill restaurant located at 11004 Atlantic Avenue. Currently, existing Conditional Use Permit No. 22 allows a Type 41 ABC license for the on- premise sale of beer and wine only. BACKGROUND The Corona's Grill restaurant is located on the north -west comer of Atlantic Avenue and Los Flores Blvd. within the Heavy Commercial (C -3) zone. The restaurant is approximately 2,528 square feet in area and is comprised of a general dining area and kitchen facilities. The restaurant is currently in operation and has completed an interior and exterior building remodel. In 1989, the % Ci)}�r's' Planning Commission approved Conditional bU 6 Permit No. 22 at the subject property in order to allow for a Type 41 ABC license for the on- premise sale of beer and wine (Exhibit No. 1). The applicant is currently requesting Octavio Silva t to modify the existing license in order to provide a Type 47 ABC license, which includes beer, wine and distilled spirits. ANALYSIS & DISCUSSION Corona's Grill is a full- service sit -down restaurant, which provides a complete list of menu options. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. Corona's Grill recently obtained a special permit from the City of Lynwood's City Council in order to operate Monday- Sunday, between the hours of 10:00 a.m. - 2:00 a.m. Additionally, the special permit also authorized the applicant to provide live entertainment. The applicant's request for an alcoholic beverage control license is in compliance with the City's zoning regulations. The storage area for alcoholic beverages is located within the bar and dry storage areas, as well as the walk -in- cooler. (Exhibit No. 2). A recent analysis of Type 47 ABC licenses in the City of Lynwood indicates that there are currently three (3) Type 47 ABC licenses within the City's 4.9 square mile radius (Exhibit No. 3). To ensure the business operates as a full - service eating establishment as well as to minimize the potential impacts associated with increased alcoholic beverage sales at the proposed restaurant location, the Development Services Department is recommending conditional approval of the project. These proposed conditions are intended to mitigate any concerns that may negatively affect the adjacent neighborhood and surrounding area. Based upon analysis of the project and its compatibility with the City's General Plan and applicable development standards, staff recommends that the Planning Commission adopts Resolution No. 3294, approving Conditional Use Permit No. 22 MOD. REQUIRED FINDINGS Lynwood Municipal Code Section 25- 130 -050 sets forth five (5) findings the Planning Commission must make in order to approve a conditional use permit. The following is a summary of findings, followed by staff determinations: A. That the proposed modification to the Conditional Use is consistent with the General Plan; The General Plan designation of the subject property is General Commercial. The existing restaurant is a use that is consistent with the City's General Plan. Goal LU -2 of the General Plan encourages land use planning ,v that accommodates the City's needs for goods and services. A restaurant q with an ancillary alcohol license provides a dining service to the residents and businesses of Lynwood. 2 B. That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the modified use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures; The proposed alcohol beverage license will provide an ancillary service to the restaurant and thereby benefit the community by providing an additional food - related amenity to patrons. Conditions have been placed on the ABC license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; The Project Site is appropriate in size to allow the operation of the existing restaurant and ancillary ABC license. The overall lot size is approximately 16,738 square feet in area and the restaurant building occupies 2,528 square feet. The proposed project for a Type 47 ABC license will not require an expansion of the size, shape, or use of the building or property. The applicant is not requesting to construct any additional building area. D. That the proposed conditional use complies with all applicable development standards of the zoning district; The Project Site is an existing restaurant, which is a permitted use within the C -3 zone. The applicant's proposed license modification will not conflict with the property's development standards or established land use. E. That the proposed conditional use observes the spirit and intent of this Zoning Code. The Heavy Commercial zone provides for a variety of food related uses including sit -down restaurants, as well as fast -food and take -out only establishments. The LMC permits restaurants with alcohol sales subject to the issuance of a Conditional Use Permit. ENVIRONMENTAL ASSESSMENT The Development Services Department has determined that proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) because the project involves negligible or no expansion of an existing use. RECOMMENDATION Staff recommends that the Planning Commission adopting Resolution No. 3294 approv4ng, Use Permit No. 22 MOD as condityoned. Project Profile Location' Map 3 Exhibit No, 1- Resolution No. 2291 Exhibit No. 2- Restaurant Floor Plan Exhibit No. 3- Type 47 ABC License Survey Resolution No. 3294 y tl tl tl ' Y. b. 4 PROJECT PROFILE Conditional Use Permit No. 22 MOD 11004 Atlantic Avenue Assessor Parcel Number (s): 6194- 004 -042 1. Source and Authority The findings required in order to make a Conditional Use Permit determination are located in Chapter 25 of The Lynwood Municipal Code within Article 130. 2. Property, Location and Size The overall lot size is approximately 16,738 square feet in area and the restaurant building occupies 2,528 square feet. 3. Existing Land Uses Site Developed North: Commercial South: Commercial West: Parking Lot East: Commercial 4. Land Use Designation The subject parcel has a General Plan designation of Commercial, which is consistent with the C -3 (Heavy Commercial) zone. The adjacent properties General Plan and Zoning designations are as follows: , Site General Plan Zoning North: Commercial South: Commercial West: Residential East: Commercial C -3 (Heavy Commercial) C -3 (Heavy Commercial) R -1 (Single Family Residential) C -3 (Heavy Commercial) 5. Site Plan Review The Site Plan Review Committee has reviewed the project. 6. Code Enforcement History None on record at the time of this report. 7. Public Response n None on record at the time of this report. 9 2 5 LOCATION MAP y, a `` M Peku I aw -.�i.. mama ~ [ r z z= a -_ are _ . i /.��r� _ ` - uez- i °•�km`ewa - /p t - _ws'Flwee Sbd __ _ _. Lo Florin &v - j • ' L _ — ._ - 1 j i m� lit aw �I t ADDRESS: APN: CASE NO.: APPLICANT: 11004 Atlantic Avenue 6194- 004 -042 Conditional Use Permit No. 22 MOD Juan Garcia Corona, Corona's Grill 9. i a. 6 9. i L, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING A CONDITIONAL USE PERMIT TO OPEN A RESTAURANT WITH ALCOHOLIC BEVERAGES (BEER AND WINE) IN THE C =3 (HEAVY COMMERCIAL) ZONE, 11004 ATLANTIC AVENUE, LYNWOOD, CALIFORNIA. WHEREAS, the Planning Commission of the City of Lynwood, pursuant to law, held a public hearing on subject application; and WHEREAS, the Commission has carefully considered all pertinent testimony offered at the public hearing; and WHEREAS the Community Development Director has determined that the proposal is exempt from the provisions of the State CEQA Guidelines, Section 15061 b(3) as amended; and WHEREAS, the project is consistent with the General Plan in that the subject site is designated "Commercial- on the General Plan Map; and WHEREAS, the restaurant is located in the C -3 (heavy commercial) zone and may sell alcoholic (beer and wine) beverages, subject - to the granting of a Conditional Use Permit. The Planning Commission of the City of Lynwood does hereby resolve as follows: section 1. The Planning Commission of the City of Lynwood finds and concludes as follows: A. That the granting of the proposed Conditional Use Permit will not adversely affect the General Plan. B. That the proposed location of the Conditional Use is in accord with the objectives of the Zoning Ordinance and the purpose of the zone in which the site is located. C. That the proposed location of the Conditional Use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements.in the vicinity; D. That the proposed Conditional Use Permit will comply with each of the applicable provisions of the Zoning ordinance as stated in the conditions below. E. The proposal is categorically exempt from the provisions of the State CEQA Guidelines, as amended. Section 2. The Planning Commission of the City of Lynwood approves the proposed project subject to the following conditions: 4 1 DISK 55:RES0 2291 fl 1 Exhibit No. 1 � n Community Development 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. 2. Any proposed subsequent modification of the subject site or . structures thereon, shall be first reported to the Community Development Department, Planning Division, for review. 3. The applicant, or his representative, shall sign a Statement of Acceptance stating that he /she has read, understands, and agrees to the conditions stated herein before any building. permits are issued. 3a. Applicant shall consult with the Lynwood Youth Employment Program in connection with all hiring. REDEVELOPMENT AGENCY 4. A trash enclosure shall be provided in accordance with the provisions of the Building Division guidelines. 5. Trash containers shall be conspicuously located for customer use throughout the parking area. 6. Access to restroom facilities should be provided. 7. Loading /unloading parking area for the restaurant must be addressed. 8. A signage plan must be submitted for Redevelopment Division approval, prior to installation. 9. only beer and wine shall be sold, unless another alcoholic beverage license is approved by the Planning commission. 10. This application shall be subject to a yearly review by the Redevelopment Agency. 11. The proponent shall not post or maintain any signage visible from the public right -of -way advertising brands of alcoholic beverages offered for sale on the premises. 12. Alcoholic beverages shall not be offered for off -site consump- tion. 13. A landscape plan, prepared by a licensed landscape architect, shall be submitted to the Redevelopment Division, prior to issuance of any building permits. The landscaping shall be automatically irrigated and shall be maintained at all times. PLANNING DIVISION 14. This permit shall become void one hundred twenty (120) days, unless extended, after the use permitted has been abandoned or has ceased to be actively exercise 15. Rehabilitation of the structure shall commence within three (3) months from date of issuance of building permits. I 1 % 1 DISK 55: Reso 2291 16. The applicant shall contact the U.S. Post Office (Lynwood main office) to establish the location of mail boxes serving the proposed development. 17. Planting beds of a minimum width of five feet (5') except where landscape area accommodates driveway curves, and a minimum area throughout the parking area. In addition, all parking aisles shall have planter areas at each end. 18. The minimum plant material shall be trees and shrubs combined with ground cover as follows: One (1) five (5) gallon shrub for each twenty (20) square feet of planter area; two (2) fifteen (15) gallon trees for each ten (10) parking spaces. 19. All other existing mature trees and other significant vegetation should be preserved and integrated into the landscape plan to the satisfaction of the Community Development Director or his /her designee. 20. All planter area fronting perimeter walls must be landscaped with shrubs and or crawling ground cover plants that have the ability to screen the face of the wall from view and accessibility from graffiti artists. 21. All landscaping shall be permanently maintained. Lawn and ground covers are to be trimmed or mowed regularly, with all planted areas kept free of weeds and debris. All plantings are to be kept in a healthy and growing condition. An automatic sprinkler or irrigation system shall be provided and maintained in working condition. 22. Where vehicles are to be parked immediately adjacent to a public or private street or alley, a decorative masonry wall a maximum of thirty -six inches in height measured from the finished surface of the parking area, and /or bermed, shrub and groundcover lot from street view shall be provided. If a wall is provided, there must be minimum landscaping to screen wall from street view and accessibility. 23. Five (number) street trees shall be planted in the sidewalk tree wells along Atlantic Avenue and Los Flores Boulevard according to the standards of the city Engineering Department. 24. All tree wells along Atlantic Avenue and Los Flores.Boulevard shall be fitted with decorative cast iron grill covers designed to the specifications of the City Engineering Department and the Community Redevelopment Agency. 25. Prior to the installation or construction of any fence or masonry wall within any zone, the property owner shall obtain a permit. 26. All fences or masonry walls shall be required to maintain adequate pedestrian access for the purpose of safety and convenience. A thirty -six (36) inch or three foot clear gate or opening shall be provided to all enclosures for pedestrian and wheelchair access. Pedestrian and vehicular access shall be provided. 27. All fences or masonry wal�ls shall be required to be installed y with a finished, aesthetically pleasing side facing out toward adjacent properties or the public right -of -way to the satisfaction of the Community Development Director or his /her designee. 28. A decorative wall shall be'�r2ctgd between the subject site and the adjacent residential areas. The wall shall be a minimum of six (6') feet in height. Disk 55:Reso 2291 ('1 n 29. Each off- street parking space shall not be less than twenty (20) feet in length and nine (9) feet in width, exclusive' of access driveways or aisles, except as noted below: a. Any standard parking space that is immediately adjacent to a wall, structural column, light standards, or similar obstruction on one or both of its longer sides or in an enclosed space shall be at least ten (10 feet in width and twenty (20 feet in length. b. Two parking spaces designed for the handicapped shall be provided. These spaces may be provided as follows: a. Dimensions. The minimum dimensions of each automobile parking stall for the handicapped shall be not less than fourteen (14) feet in width by eighteen (18) feet in length. Said stalls shall be lined to provide a nine (9) foot parking area and a five (5) foot loading and unloading area or; b. Two (2) spaces may be provided within a twenty -three (23) foot wide area, lined to provide a nine (9) foot parking area on each side of a five (5) foot loading and unloading area. The minimum length of each parking space shall be eighteen (18) feet. C. Location. All parking spaces for the handicapped shall be located adjacent to the main entrance of the facility for which the spaces are provided. The parking spaces shall be positioned so that the handicapped persons shall not be required to walk or wheel behind parked vehicles. 30. The parking lot plan for the subject site shall have a circular -flow arrangement without dead -end aisles when possible. 31. The applicant shall submit elevation drawings to the Planning Division showing the exterior building design; including the specification of colors, and materials, must obtain approval by the Community Development Director or his /her designee. 32. All security fences, grills, etc. shall be architecturally compatible with the design of the subject and adjacent buildings. In addition, no security fences, grills, etc. shall be installed without the prior written approval of the Director of Community Development and required building permits. 33. Air conditioners, heating, cooling ventilation equipment, heaters and all other mechanical devices shall be screened from surrounding properties and streets and so operated that they do not disturb the peace, quiet and comfort of neighboring residents, in accordance with the City's Noise ordinance. All means of access to the referenced equipment shall be designed and installed so as to prevent access to unauthorized persons and shall be approved by the Building and Safety Division. Diskg5� :Reso 2291 % t W PUBLIC WORKS CONDITI 34. Submission and recordation of a parcel map is required. Building permits will not be issued prior to the recordation of a subdivision map. 35. Dedicate required property at the northeast corner of Atlantic Avenue and Los Flores Boulevard. 36. Install three (3) 24 box street trees per City of Lynwood standards along Los Flores Boulevard and two (2) 24 box street trees on Atlantic Avenue. 37. A permit from the Engineering Division is required for all off-site improvements. 38. Show north arrow and scale. 39. At the southerly drive approach exists drainage problem with a 4° diameter pipe plugged with debris on Atlantic Avenue. Need to clean and maintain pipe FIRE DEPARTMENT 40. Kitchens where grease laden vapours are produced requires a fire extinguishing system. UPC 10.315 41. Kitchens require a 40 BC extinguisher, ABC type not permitted. UPC 10.315 Section 3. A copy of this Resolution shall be delivered to the applicant. 'APPROVED AND ADOPTED this 26th day of September, 1989, by members of the Planning Commission voting as follows: AYES: Commissioners Dove, McMiller, Muhsin, Haynes, Pryor NOES:NOne ABSENT: Commissioners Cole- Dennis, Willis ABSTAIN. None 8 i u u, APPROVED AS TO CONTENT: Vic me L. Ma i ect r Community Development Dept. disk 55:reS02291 APPROVED AS TO FORM: AK Dou%ras D. Ba Deputy City A&tbrney r 0 T q$ EE s o $ ARAVIIC AVE a n a a C7 O O S. I P N ? z r FF z' re 3 ' a � S L d� LL P caono- Sink Repfeee Eech iloan Cgryria M. Mega (BiB)66M262 w af1�Mlctlxy _ ShWPo: bawgi� flVAVa6VCAx,Lnoad, CA, 99262' LAmaya(221)6674167 A _01 Plot Plan, Fl oor Plan & m a General lnfOQnWm IfVavnneer16 Ml Un Angeles, CA, M16. n. u, Exhibit No. 2 'J Y� r ;fi 9 b T 4 9 � i t t I I�' I n.��'_� �4, � ® • tie r -' _ a R i!+� t.._-r• .. /.' ^� QJI it I _ a Ual vG I I�G I D��II �G Un_ Da ��IDG�i�G I DG t — ✓° � UJI I G ,� O O� p 'DG DG Da GG DG DG D �I DG DEC] DO�DG O DG D u, Exhibit No. 2 n u, Exhibit No. 2 City of Lynwood Type 47 ABC License Survey License Status License Orig. Expir. Address Business Number Type Iss. Date Name Date 197429 Active 47 1123/87 9/30/12 11020 Viva Mexico Atlantic Restaurant Ave. 405270 Active 47 2/27/04 1/31/13 3150 E. La Huasteca Imperial Restaurant Hwy. 450675 Active 47 4126/07 3/31/12 11215 Guelaguetza Long Restaurant Beach Blvd. Suite No. 1010 .1 .4. . d. 1, Exhibit No. 3 RESOLUTION No. 3294 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 22 MODIFICATION FOR THE APPROVAL OF A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE (ON -SALE, GENERAL IN A BONAFIDE EATING ESTABLISHMENT) IN CONJUNCTION WITH CORONA'S GRILL RESTAURANT LOCATED AT 11004 ATLANTIC AVENUE, APN 6194- 004 -042 WHEREAS, the Lynwood Planning Commission, pursuant to law, on September 26, 1989 conducted a public hearing and approved Conditional Use Permit ("CUP's No. 22 for a Type 41 Alcoholic Beverage Control ("ABC'l License for the on- premise sale of beer and wine at a restaurant located at 11004 Atlantic Avenue ("Corona's Grill'j; and WHEREAS, the Applicant, Juan Garcia Corona, is requesting a modification to CUP No. 22 to allow a Type 47 ABC license for the on- premise sale of beer, wine, and distilled spirits at Corona's Grill; and WHEREAS, a CUP Modification is required for the modification of CUP No. 22 and to adopt a new resolution for the approval of a Type 47 Alcoholic Beverage Control License at the subject property; and WHEREAS, the project is consistent with the City's General Plan in that the subject site is designated "Commercial" on the General Plan Map; and WHEREAS, the restaurant is located in the C -3 (Heavy Commercial) zone and may sell alcoholic beverages, subject to CUP No. 22, and WHEREAS, the Lynwood Planning Commission has carefully considered all oral and written testimony offered at the public hearing; and WHEREAS, the Development Services Department has determined the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities), as the proposed project involves q. negligible or no expanpion of an existing use. y. Section 1. The Planning Commission hereby finds and determines as follows: A. That the proposed modification to the Conditional Use is consistent with the General Plan; The General Plan designation of the subject property is General Commercial. The existing restaurant is a use that is consistent with the City's General Plan. Goal LU- 2 of the General Plan encourages land use planning that accommodates the City's . needs for goods and services. A restaurant with an ancillary alcohol license provides a dining service to the residents and businesses of Lynwood. B. That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the modified use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures; The proposed alcohol beverage license will provide an ancillary service to the restaurant and thereby benefit the community by providing an additional food - related amenity in the community. Conditions have been placed on the ABC license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; The Project Site is appropriate in size to allow the operation of the existing restaurant and ancillary ABC license. The overall lot size is approximately 16,738 square feet in area and the restaurant building occupies 2,528 square feet. The proposed project for a Type 47 ABC license will not require an expansion of the size, shape, or use of the building or property. The applicant is not requesting to construct any additional building area. D. That the proposed conditional use complies with all applicable development standards of the zoning district; The Project Site is an existing restaurant, which is a permitted use within the C -3 zone. The applicant's proposed license modification will not conflict with the property's development standards or established land use. E. That the proposed conditional use observes the spirit and intent of this "Zoning Code. " , The Heavy Commercial zone provides for a variety of food related uses including sit -down restaurants as well as fast -food and take -out only establishments. The LMC permits restaurants with alcohol sales subject to the issuance of a Conditional Use Permit. 2 Section 2. The Planning Commission of the City of Lynwood hereby approves Conditional Use Permit No. 22 MODIFICATION, subject to all conditions, restrictions and limitations set forth as follows: CONDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT 1. The project shall comply with all regulations of the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code, other City Departments and applicable State and Federal regulations. 2. Any subsequent modification of the subject site or structures thereon shall be first reported to the Development Services Department, Planning Division, for review and approval. 3. The applicant shall sign a Statement of Acceptance stating that they have read, understand, and agree to all conditions of this approval prior to issuance of any building permits. 4. The Conditional Use Permit approval shall lapse and become void one (1) year from the date (3une 12, 2012) of this document unless all conditions of said permit are met and a building permit is issued or substantial progress has been made toward establishing this use. 5. All appeals must be brought within ten (10) working days of the date of the final action by the Development Services Director, or Site Plan Review Committee. An appeal will be scheduled for public hearing before the Lynwood Planning Commission. Persons filing the appeal must submit application and pay a fee of $1,083. PLANNING DIVISION 6. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. 7. The sales, service, and consumption of alcoholic beverages shall be �ermi�ted only between the hours'of 10:00 a.m. and 1:30 a.m., seven days a week. 8. The restaurant must be maintained as a bona fide eating establishment and shall provide a menu containin an assortment of foods normally offered in 3 restaurants. An eating establishment as defined by the Alcoholic Beverage Control Board must include the following items: A. One conventional range/ oven B. An automatic dishwasher C. A double sink D. A 25 cubic foot refrigerator E. A four -foot by six -foot food preparation area 0 10. 11. There shall be no fixed bar on the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. Any music or noise shall conform to the City of Lynwood's Noise Ordinance. 12. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 13. It shall be the applicant(s) responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant(s). 14. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 15. The applicant(s) shall be responsible for maintaining the premises free of graffiti. 16. There shall be no pool tables, coin - operated games, or video machines maintained upon the premises at any time. 17. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. 18. This land use authorization is only for a Type 47 on -sale general, public eating - place, any other license use at this location will require a new land use clearance. 19. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance. 4 20. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. LOS ANGELES COUNTY FIRE DEPARTMENT 21. The Applicant shall comply with all code requirements and conditions set forth by the Los Angeles County Fire Department, Fire Prevention Division, 5823 Rickenbacker Road, Commerce, CA 90040, (323) 890 -4243. Final approvals from the Los Angeles County Fire Department must be obtained prior to issuance of any building permits. Section 3. The Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (c) (New Construction or Conversion of Small Structures), as the proposed project is a commercial building not exceeding 10,000 square feet in floor area on a site zoned for such use. Section 4. A copy of Resolution No. 3294 and its conditions shall be delivered to the Applicant. APPROVED AND ADOPTED this 12 th day of June 2012, by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: n y q n d L. i 1i J Y. 4'. Jonathan Colin, Director Development Services Department Kenneth West, Chair Lynwood Planning Commission Pam Lee, Agency Attorney Planning Commission Counsel s. tl 6 s.