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
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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.
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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.
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7
LOCATION MAP
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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.
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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
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Willard Reed, Chairman
APPROVED AS TO FORM:
'dc0
Pla ing Commission Counsel
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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
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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. .;.
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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.
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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.
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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
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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
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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
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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
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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
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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
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APPROVED AS TO CONTENT:
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Community Development Dept.
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Exhibit No. 2
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Exhibit No. 2
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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
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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:
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Jonathan Colin, Director
Development Services Department
Kenneth West, Chair
Lynwood Planning Commission
Pam Lee, Agency Attorney
Planning Commission Counsel
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