Loading...
HomeMy Public PortalAboutA 2012-07-10 PLANNING COMMISSIONDEVELOPMENT SERVICES & PLANNING DIVISION City o f LY NWOOD mom m AURR�ACm (-A City v- Meeting Chn0enges 1' 111 I 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 603 -0220 AGENDA LYNWOOD PLANNING COMMISSION AND PARKING & BUSINESS IMPROVEMENT DISTRICT BOARD CITY HALL COUNCIL CHAMBERS 11330 BULLIS ROAD LYNWOOD, CA 90262 July 10, 2012 6:00 P.M. PLANNING COMMISSIONERS JUL s 5 2011? J 4.V:' CITY CLERKS OFFICE M "�'( `o 0" V\' N CL C : }:1 C.lc. �- L 6'. 0' 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 Octavio Silva Planning Associate I OPENING CEREMONIES 1. Call meeting to order. 2. Flag Salute. 3. Roll call of Commissioners. 4. Certification of Agenda Posting. 5. Minutes of Planning Commission Meeting: June 12, 2012 SWEARING IN SPEAKERS 6. 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 7. 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 8. Conditional Use Permit No. 2003 -17 Modification APPLICANT: Donald Chae 3150 Imperial Hwy. Suite No. 100 APN: 6171- 001 -050 & 053 Proposal Request for approval to allow alcohol sales within an exterior patio area in conjunction with a previously approved Type 47 Alcoholic Beverage Control (ABC) license for La Huasteca Restaurant located at 3150 Imperial Highway, Suite No. 100. 2 Recommendation Staff recommends that the Planning Commission and Parking and Business Improvement District approve Resolution No. 3295, approving Conditional Use Permit No. 2003 -17 Modification. COMMISSION ORALS STAFF ORALS ADJOURNMENT Adjourn to the regular meeting of the Lynwood Planning Commission on August 14, 2012 at 6:00 p.m. in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California, 90262. 3 Item No. 5 LYNWOOD PLANNING COMMISSION MEETING, June 12, 2012 Item #1- Call Meeting to Order Chair West called the meeting to order at 6:05 p.m. Item #2- Flag Salute Commissioner Landeros led the flag salute. Item #3- Swearing in of New Commissioner Mrs. Elizabeth Battle was sworn in as a new Planning Commissioner for the City of Lynwood. Deputy City Clerk Kristina Santana conducted the swearing in ceremony. Item #4- Roll Call of Commissioners Development Services Director Colin called roll. Commissioner Landeros, Commissioner Aceves, Commissioner Battle and Chair West were present. Commissioner Younger was excused as requested. Also present were Planning Associate Karen Figueredo, Planning Associate Octavio Silva, Public Works Manager Elias Saikaly and Counsel Pam Lee. Item #5- 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 #6- Minutes of April 10, 2012 Planning Commission Meeting It was moved by Commissioner Aceves, seconded by Commissioner Landeros to approve the minutes of the April 10, 2012 Planning Commission Meeting. Development Services Director Colin called roll and the motion to approve the minutes passed 4 -0. Item #7- Reorganization of the Planning Commission Commissioner Landeros nominated Ken West as Chair of the Planning Commission and was seconded by Commissioner Battle. 1 Development Services Director Colin called roll and the motion to approve the nomination of Chair passed 4 -0. Commissioner Landeros nominated Marvin Aceves as Vice -Chair of the Planning Commission and was seconded by Commissioner Battle. Development Services Director Colin called roll and the motion to approve the nomination of Vice -Chair passed 4 -0. Item #8- Swearing in of Speakers Deputy City Clerk Santana was present to swear in members of the audience. Item # 9- Public Orals Resident Joe Battle, who resides at 4308 Carlin Avenue, congratulated Commissioner Battle on her appointment to the Planning Commission. Additionally, he gave thanks to all Commissioners for their work. CONTINUED REGULAR AGENDA NONE NEW REGULAR AGENDA Item # 10- Conditional Use Permit No. 99 -15 Modification PREPARED BY: Jonathan Colin, Director of Development Services Karen Figueredo, Planning Associate SUBJECT: Request for approval to allow a Type 47 ABC License for the property located at 11120 Atlantic Avenue in conjunction with an existing restaurant. Development Services Director Colin provided a project presentation and background on the applicant's proposal. Chair West opened the public hearing to allow the project applicant an opportunity to present his proposal and to answer questions from the Commission. Applicant representative, Louis Morales, who resides at 7434 2 Irwindale in the City of Downey; indicated that the applicant agrees to all conditions of approval. Chair West closed the public hearing. Development Services Director Colin clarified the hours of operation for alcohol sales as well as the special permit hours of operation. It was moved by Vice Chair Aceves, seconded by Commissioner Battle to approve Resolution No. 3293, approving Conditional Use Permit No. 99 -15 Modification. 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 & 05 CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. ROLL CALL AYES: LANDEROS, BATTLE, ACEVES, WEST NOES: NONE ABSENT: YOUNGER Item #11- Conditional Use Permit No. 22 Modification PREPARED BY: Jonathan Colin, Director of Development Services Octavio Silva, Planning Associate SUBJECT: Request to allow a TYPE 47 ABC License for the property located at 11004 Atlantic Avenue in conjunction with an existing restaurant. Development Services Director Colin provided a project presentation and background on the applicant's proposal. Vice Chair Aceves asked about an easement at the rear of the property and whether the alley would be vacated. Staff indicated that the area would remain an alley until the City Council decided to vacate all alleys. 3 Staff indicated that a phone call was received from resident, Dora Mota in opposition of the proposed project. Ms. Mota lives at 10932 Virginia Avenue. Planning Associate explained that the opposition to the project involved concerns over business lighting, patrons in the parking lot and overall noise. Chair West opened the public hearing and allowed Louis Morales an opportunity to speak about the project as well as to answer questions related to Ms. Mota's concerns. Resident Francisco Mota, from 10932 Virginia Ave spoke in opposition of the project. Development Services Director Colin provided interpretation services. Mr. Mota's concern with the project includes issues with noise and lighting from vehicles exiting the subject property. Chair West closed the public hearing. Planning Commission requested that conditions be added to the Conditions of Approval which: - Prohibit loitering - No loud music being played in the business parking lot - Provide private security services on weekends from 8:00 am to closing time of the restaurant It was moved by Commissioner Landeros, seconded by Commissioner Aceves to approve Resolution No. 3294, approving Conditional Use Permit No. 22 Modification. 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 CONORNA'S GRILL RESTAURANT LOCATED AT 11004 ATLANTIC AVENUE, APN 6194 - 004 -042 ROLL CALL AYES: LANDEROS, BATTLE, ACEVES, WEST NOES: NONE ABSENT: YOUNGER COMMISSIONER ORALS Commissioner Landeros welcomed newly appointed Commissioner Battle to the Planning Commission. 0 Commissioner Battle thanked everyone and indicated that she looks forward to working with the Commission. Vice Chair Aceves welcomed Commissioner Battle to the Commission and thanked staff for their work on recent development projects. Chair West indicated that upon a visit to the Walgreens Pharmacy located on the north -west corner of Atlantic Avenue and Imperial Highway he noticed large crowds of racing vehicles in the parking lot. Additionally, Chair West inquired about truck routes along Wright Road and indicated that truckers are not observing designated truck routes. Chair West also thanked staff for their work on new development projects in the City. STAFF ORALS Development Services Director Colin welcomed Commissioner Battle to the Planning Commission. Planning Associate Silva also welcomed Commissioner Battle. Counsel Lee thanked all Commissioners and wished them a Happy Fourth of July celebration. ADJOURNMENT It was moved by Commissioner Landeros seconded by Vice Chair Aceves to adjourn at 6:40 p.m. to the next regular meeting of the Lynwood Planning Commission on July 10, 2012 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 E Item No. 8 REQUEST FOR: Planning Commission Action PLANNING COMMISSION MEETING DATE: PLANNING DIVISION STAFF: July 10. 2012 APPROVED TITLE: ❑ As CONDITIONAL USE PERMIT NO. 2003- Recommended 17 MODIFICATION (2)- TO ALLOW ❑ As Amended ALCOHOL SALES WITHIN AN ❑ Set Public EXTERIOR PATIO AREA IN Hearing For CONJUNCTION WITH AN APPROVED DENIED RESTAURANT LOCATED AT 3150 ❑ Applicant's Request IMPERIAL HIGHWAY SUITE NO. 100 APN: 6171- 001 -050 & 053 CONTINUED TO PROPOSAL: The applicant, Donald Chae, is requesting approval of Conditional Use Permit (CUP) No. 2003 -17 Modification (2) to allow alcohol sales within an exterior patio area in conjunction with a previously approved Type 47 Alcoholic Beverage Control (ABC) license for La Huasteca Restaurant located at 3150 Imperial Highway, Suite No. 100 (Property). Currently, existing CUP No. 2003 -17 Modification allows a for indoor consumption only. BACKGROUND La Huasteca Restaurant is located within the Plaza Mexico Shopping Center, which is situated between Imperial Highway to the north, Femwood Ave to the south, State Street to the west, and Long Beach Boulevard to the east. The Property is located within Village II of the Long Beach Blvd. Specific Plan (LBBSP) and has a General Plan designation of Commercial. In 2003, the City of Lynwood Planning Commission approved CUP No. 2003 -17 at the Property to authorize a Type 47 ABC license (on -sale general eating place) (Exhibit No. 1). In 2004, the Planning Commission approved a modification to CUP I Prepared by Octavio Silva No. 2003 -17 for the existing alcohol license to include a 3,560 square foot banquet room (Exhibit No. 2). ANALYSIS & DISCUSSION La Huasteca is a full- service sit -down restaurant, which provides a complete list of menu and dining options. The restaurant is approximately 8,142 square feet in area and has a 410 square foot outdoor patio. The restaurant consists of a general dining area, kitchen facilities and bar. The existing Type 47 ABC license is intended to provide a service that is ancillary to the primary restaurant use. La Huasteca operates Monday through Sunday from 8:00 a.m. to 12:00 a.m. The initial approval of CUP No. 2003 -17 included a condition of approval that prohibited the sale the consumption of alcoholic beverages outside of the premises. In order for the restaurant to sell and serve alcohol within its existing outdoor patio area, the applicant is required to modify the CUP. The outdoor patio is approximately 410 square feet in area and is adjacent to the restaurant's bar. The outdoor patio has a 3' -4 ' / 2" metal fence around its perimeter and contains 2 sources of lighting for safety. The hours of operation for the outdoor patio will be consistent with that of the restaurant's typical hours of operation and will be serviced by restaurant staff. To ensure the business operates as a full - service eating establishment as well as minimize the potential impacts associated with alcoholic beverage sales within the patio area, 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 approves Resolution No. 3295, approving CUP No. 2003 -17 MOD (2). 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 requires encourages land use planning that accommodates the City's needs for goods and services. A 2 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; Proposed alcohol sales in the patio area 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 modification to the conditional use is of adequate size and shape to accommodate the use and buildings proposed; The Property is appropriate in size to allow the operation of the existing restaurant and ancillary ABC license. The Property is located within the Plaza Mexico Shopping Center and occupies an approximately 8,142 square foot building. The outdoor patio is 410 square feet and is enclosed by a T -4 metal fence to limit the movement of alcoholic beverages beyond the restaurant area. The applicant is not requesting to construct any additional building area. D. That the proposed modification to the conditional use complies with all applicable development standards of the zoning district; The Property is an existing sit -down restaurant, which is a permitted use within Village No. II of the LBBSP. Any modifications must comply with development standards set forth in the LBBSP and the Lynwood Municipal Code (LMC). If a conflict shall arise with regards to the proposed modification, the most restrictive code provision will prevail. E. That the proposed modification to the conditional use observes the spirit and intent of this Zoning Code. Village No. II of the LBBSP allows 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 (whether indoors or outdoors) subject to the issuance of a CUP. 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. 3 RECOMMENDATION Staff recommends that the Planning Commission adopted Resolution No. 3295 approving CUP No. 2003 -17 MOD (2) as conditioned. Project Profile Location Map Exhibit No. 1- Resolution No. 2953 Exhibit No. 2- Resolution No. 3026 Resolution No. 3295 PROJECT PROFILE Conditional Use Permit No. 2003 -17 MOD (2) 3150 Imperial Highway Suite No. 100 APN: 6171 - 001 -050 & 053 1. Source and Authoritv 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 restaurant building occupies 8, outdoor patio cover. 142 square feet and a 410 square foot 3. Existing Land Uses Site Developed North: Commercial South: 105 FWY West: Parking Lot East: Commercial 4. Land Use Designation The subject parcel has a General Plan designation of Commercial, which is consistent with Village No. II of the Long Beach Blvd. Specific Plan. The adjacent properties General Plan and Zoning designations are as follows: Site General Plan Zoning North: Commercial Village No. 1 LBBSP South: No Zone No Zone West: Manufacturing M (Manufacturing) East: Commercial Village No. 2 LBBSP 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. 5 LOCATION MAP {I r _ wro cErviEn S xvmeten d ! rl I 7 jy F r - Ave . �� / \ \ 1 1. .iele9Ye e Cbiyfieun. _ \ Fvfe Pg4. r a y _ vuv ADDRESS: 3150 Imperial Highway Suite No. 100 CASE NO.: Conditional Use Permit No. 2003 -17 MOD (2) APPLICANT: Donald Chae APN (S): 6171 - 001 -050 & 053 2 RESOLUTION 2953 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD, APPROVING CONDITIONAL USE PERMIT NO. 2003 -17, ALCOHOLIC BEVERAGE LICENSE TYPE 47 (ON -SALE GENERAL EATING PLACE) IN A RESTAURANT TOTALING 8,142 SQUARE FEET IN AREA, LOCATED AT 3150 IMPERIAL HIGHWAY (PLAZA ME)ICO), BUILDING B -8, UNIT 100, IN THE CB -1 (CONTROLLED BUSINESS) ZONE, CITY OF LYNWOOD, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, held a public hearing on September 9, 2003, regarding Conditional Use Permit No. 2003 -17; and WHEREAS, the Lynwood Planning Commission considered all oral and written testimony presented at the public hearing; and WHEREAS, the Development Services Department has determined that the proposal is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301(a). NOW, THEREFORE THE PLANNING COMMISSION OF THE CITY OF LYNWOOD HEREBY ORDAINS AS FOLLOWS: Section 1. The Planning Commission of City of Lynwood hereby finds and determines: A. The granting of the Conditional Use Permit will not adversely affect the Lynwood General Plan. The General Plan designation is commercial that is consistent with the CB-1 (Controlled Business) zoning. Restaurants are permitted uses in the CB -1 zone and serving alcoholic beverages are permitted subject to approval of a Conditional Use Permit. B. That the proposed location of the conditional use is in accord with the objective of the Zoning Ordinance and the purpose of the zone in which the structure and land uses are located. The restaurant is a permitted land use in the CB -1 (Controlled Business) zone and serving alcoholic beverages is permitted subject to a Conditional Use Permit as set forth in Lynwood Municipal Code Section 25- 16.20. 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 the properties or improvements in the vicinity. Conditions set forth in Resolution 2953 would ensure the public health, safety and general welfare. D. That the proposed conditional use will comply with each of the applicable provisions of Chapter 25, Zoning, of the Lynwood Municipal Code. The application is consistent with Lynwood Municipal Code Section 25- 16.20, Section Z The Planning Commission of the City of Lynwood hereby approves Conditional Use Permit No. 2003 -17, subject to all codes, conditions, and requirements as follows: H:�WOROFlL6VLA \ \I� Exhibit No. 1 DEVELOPMENT SERVICES DEPARTMENT 1. The conditional use permit shall be acted upon within 180 days of approval. The Conditional Use Permit shall become null and void 180 days from the date of approval if not acted on within this period (i.e. March 9, 2003). One extension of 90 days may be granted if the extension is requested in writing prior to the expiration date. 2. The project shall comply with all applicable regulations of the Lynwood Municipal Code, California Building Code, Los Angeles County Health and Safety Code, and the Los Angeles County Fire Code. The project shall be developed in substantial compliance with approved plans on file with the Development Services Department, Planning Division, dated September 9, 2003. 3. The applicant shall meet the requirements of all other City Departments to include but not be limited to Building & Safety, Environmental Services, Redevelopment, Finance and Code Enforcement. 4. Any proposed subsequent modification of the subject site or structures thereon shall be reported to the Development Services Department, Planning Division for review prior to such modification. 5. The applicant or his /her representative shall sign a Statement of Acceptance stating that he /she has read, understands and agrees to all conditions of this resolution prior to the issuance of permits or licenses. 6. Conditions of Approval shall be printed on the plans prior to submission to the Building and Safety Division for plan check. PLANNING DIVISION 7. The business establishment shall be maintained in a neat, clean and orderly manner at all times. 8. The building exterior of the tenant space shall not be altered by materials, colors or other manner without written permission from the property owner. 9. The applicant shall comply with any conditions set forth by the State Department of Alcoholic Beverage Control. 10. The applicant shall provide proof of licensing by the State Department of Alcoholic Beverage Control prior to issue of City permits or licenses. 11. No outside storage of materials, equipment, or supplies shall be permitted once a Certificate of Occupancy is issued. 12. Prior to installing permanent signs, the applicant shall submit detailed sign plans and obtain a sign permit. No banners, balloons or temporary advertising materials are permitted on exterior elevations. 13. The tenant shall not permit alcoholic beverages to be consumed outside the premises. No advertising of alcoholic beverages shall be permitted on exterior elevations. H! W OPOflLLMIA \Tl`!C➢FSpS�uo39f]a.b� -2 14. At least one (1) adult, minimum twenty-one (21) years of age shall be present during all hours of operation. 15. The applicant shall submit a detailed description and plan of on -site security Provisions for the shopping center and proposed restaurant. Bt1IL12ING AND SAFETY DIVISION 16. All construction shall meet or exceed the minimum building standards that are referenced in the following codes: The Uniform Building Code — 2001 edition; The Uniform Plumbing Code — 2001 edition; The Uniform Mechanical Code — 2001 edition; The Los Angeles County Fire Code 1999 edition; The National Electric Code — 2001 edition; All as amended by the California Building Code of 2001. In case where the provisions of the California Building Code, the Lynwood Municipal Code, or the plans or specifications in these plans may conflict, the more restrictive provisions shall govern. 17. Applicant shall provide interior restrooms within the tenant space pursuant to the California Plumbing Code. REDEVELOPMENT DIVISION 18. The business and maintenance of the premises shall be conducted in compliance with the approved Development and Disposition Agreement (DDA). LOS ANGELES COUNTY FIRED P4RTMENT 19. The applicant shall comply with all provisions of the Los Angeles County Fire Code and shall contact the Fire Prevention Division, 5823 Rickenbacker Road, Commerce, CA 90040 -3027, (323) 890 -4125. H \ M 'OROFlIFp1µ1.T'G.NFSp$Ve5ep5Lhc -3- APPROVED AND ADOPTED this 9 day of September 2003 by members of the Planning Commission, voting as follows: AYES: I Abarca, Araujo, Dove, Gomez, Morton, Patel, Reed NOES: NONE ABSENT: NONE ABSTAIN: NONE APPROVED AS TO CONTENT: Grant Taylor, SKcial Assistant Development Services Department )im Morton, Chairperson Lynwood Planning Commission APPROVED AS T/O� FORM: Ru en Duran, Deputy City Attorney Planning Commission Counsel M � WOx1�FlIPPUA ';.T41'IFSOS`mo29J)aAx -4- i i n n RESOLUTION 3026 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD, APPROVING MODIFICATION OF CONDITIONAL USE PERMIT NO. 2003 -17, EXPANDING THE ALCOHOLIC BEVERAGE LICENSE TYPE 47 (ON -SALE GENERAL EATING PLACE) FROM A RESTAURANT (LA HUASTECA) TOTALING 8,142 SQUARE FEET IN AREA, TO INCLUDE A 3,560 SQUARE FOOT BANQUET ROOM, LOCATED IN THE PLAZA MEXICO SHOPPING CENTER AT 3150 IMPERIAL HIGHWAY (PLAZA MEXICO), BUILDING B -8, UNITS 204 & 205, IN THE CB -1 (CONTROLLED BUSINESS) ZONE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6171- 001-007, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, held a public hearing on August 10, 2004, to consider Modification of the Conditional Use Permit; and WHEREAS, the Lynwood Planning Commission considered all oral and written testimony presented at the public hearing; and WHEREAS, the Development Services Department has determined that the proposal is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301(a). NOW, THEREFORE THE PLANNING COMMISSION OF THE CITY OF LYNWOOD HEREBY ORDAINS AS FOLLOWS: Section 1. The Planning Commission of City of Lynwood hereby finds and determines: A. The granting of the Conditional Use Permit will not adversely affect the Lynwood General Plan. The General Plan Land Use Map designation is commercial that is consistent with the CB -1 (Controlled Business) zoning. Restaurants are permitted uses in the CB -1 zone; serving alcoholic beverages and the operation of a banquet room /rental hall /place of public assembly are permitted subject to approval of a Conditional Use Permit. 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 structure and land uses are located. The restaurant is a permitted land use in the CB -1 (Controlled Business) zone, and serving alcoholic beverages and operation of a banquet room or other place of public assembly is permitted subject to a Conditional Use Permit as set forth in Lynwood Municipal Code Sections 25 -16.20 and 25- 16.27. 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 the properties or improvements in the vicinity. Conditions set forth in Resolution 3026 and ensure the 111wfIRlJfl1.l)11. \NI Exhibit No. 2 n D. That the proposed conditional use will comply with each of the applicable provisions of Chapter 25, Zoning, of the Lynwood Municipal Code. The application is consistent with Lynwood Municipal Code Sections 25 -7, 25- 16.20 and 25- 16.27. Section 2. The Planning Commission of the City of Lynwood hereby approves Modification of Conditional Use Permit No. 2003 -17, subject to all codes, conditions, and requirements as follows: DEVELOPMENT SERVICES DEPARTMENT 1. The conditional use permit shall be acted upon within 180 days of approval. The Conditional Use Permit shall become null and void 180 days from the date of approval if not acted on within this period (i.e. February 10, 2005). One (1) extension of 90 days may be granted if the extension is requested in writing prior to the expiration date. 2. The project shall comply with all applicable regulations of the Lynwood Municipal Code, California Building Code, Los Angeles County Health and Safety Code, and the Los Angeles County Fire Code. The project shall be developed in substantial compliance with approved Plans on file with the Development Services Department, Planning Division, dated August 10, 2004. 3. The applicant shall meet the requirements of all other City Departments to include but not be limited to Building & Safety, Environmental Services, Redevelopment, Finance and Code Enforcement. 4. Any proposed subsequent modification of the subject site or structures thereon shall be reported to the Development Services Department, Planning Division for review prior to such modification. 5. The applicant or his /her representative shall sign a Statement of Acceptance stating that he /she has read, understands and agrees to all conditions of this resolution prior to the issuance of permits or licenses. 6. Conditions of Approval shall be printed on the plans prior to submission to the Building and Safety Division for plan check. PLANNING DIVISION 7. The business establishment shall be maintained in a neat, clean and orderly manner at all times. 8. The building exterior of the tenant space shall not be altered by materials, colors or other manner without written permission from the property owner. 9. The applicant shall comply with any and all conditions set forth by the State Department of Alcoholic Beverage Control. 10. The applicant shall provide proof of licensing by the State Department of Alcoholic Beverage Control prior to issue of City permits or licenses. 11. No outside storage of materials, equipment, or supplies shall be permitted once a Certificate of Occupancy is issued. Xwn0.1 )IIIA:!Ii.V:JIJf.R1iGn�cvunhw -2 12. Prior to installing permanent signs, the applicant shall submit detailed sign plans and obtain a sign permit. No banners, balloons or temporary advertising materials are permitted on exterior elevations. 13. The tenant shall not permit alcoholic beverages to be consumed outside the premises. No advertising of alcoholic beverages shall be permitted on exterior elevations. 14. At least one (1) adult, minimum twenty-one (21) years of age shall be present during all hours of operation. 15. The applicant shall submit a detailed description and plan of on -site security provisions for the restaurant and banquet room. 16. The project shall comply with all conditions set forth in Resolution 2953. BUILDING AND SAFETY DMSION 17. All construction shall meet or exceed the minimum building standards that are referenced in the following codes: The Uniform Building Code - 2001 edition; The Uniform Plumbing Code - 2001 edition; The Uniform Mechanical Code - 2001 edition; The Los Angeles County Fire Code 1999 edition; The National Electric Code - 2001 edition; All as amended by the California Building Code of 2001. In case where the provisions of the California Building Code, the Lynwood Municipal Code, or the plans or specifications in these plans may conflict, the more restrictive provisions shall govern. REDEVELOPMENT DMSION 18. The business and maintenance of the premises shall be conducted in compliance with the approved Development and Disposition Agreement (DDA). LOS ANGELES COUNTY FIRE DEPARTMENT 19. The applicant shall comply with all codes and conditions set forth by the Los Angeles County Fire Code and shall contact the Fire Prevention Division, 5823 Rickenbacker Road, Commerce, CA 90040 -3027, (323) 890 -4125. -3- i n n APPROVED AND ADOPTED this 10"' day of August, 2004 by members of the Planning Commission, voting as follows: AYES: Abarca, Araujo, Morton & Patel NOES: NONE ABSENT: Dove, Gomez & Reed ABSTAIN: NONE APPROVED AS TO CONTENT: i Grant Taylor, Dire Development Services Department H1MrrµU111.1: \Y1.4µ.. \'IVITN131 K'rt�.rM!.N JOc Jim Morton, Vice - Chairperson Lynwood Planning Commission APPROVED AS TO FOBM: J n 4rae ty ty Attorne y Pla inCounsel 4- RESOLUTION NO. 3295 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2003 -17 MODIFICATION (2) TO ALLOW THE CONSUMPTION AND SERVICE OF ALCOHOLIC BEVERAGES WITHIN AN EXISTING 410 SQUARE FOOT OUTDOOR PATIO AREA IN CON]UCTION WITH AN EXISTING TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE (ON -SALE, GENERAL IN A BONAFIDE EATING ESTABLISHMENT) FOR LA HUASTECA RESTAURANT LOCATED AT 3150 IMPERIAL HIGHWAY, SUITE NO.100, APN(S): 6171- 001 -050 & 053, IN VILLAGE NO. 2 OF THE LONG BEACH BLVD. SPECIFIC PLAN WHEREAS, the Lynwood Planning Commission, pursuant to law, on September 9, 2003, conducted a public hearing and adopted Resolution No. 2953, approving Conditional Use Permit (CUP) No. 2003 -17 for a Type 47 Alcoholic Beverage Control (ABC) License for the on- premise sale of alcoholic beverages at a restaurant at 3150 Imperial Highway, Suite No. 100 (Property) and WHEREAS, the Lynwood Planning Commission, pursuant to law, on August 10, 2004, conducted a public hearing and adopted Resolution No. 3026, approving CUP No. 2003 -17 Modification expanding the existing Type 47 ABC License to include a 3,560 square foot banquet room at the Property; and WHEREAS, a CUP Modification is required to modify CUP No. 2003 -17 in order to expand the existing Type 47 ABC License into a 410 square foot outdoor patio area at the Property; and WHEREAS, the Property is consistent with the City's General Plan in that the subject site is designated "Commercial" on the General Plan Map; and WHEREAS, the Property is located within Village No. 2 of the Long Beach Blvd. Specific Plan and may sell alcoholic beverages, subject to the granting of a Conditional Use Permit, 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 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. 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 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 requires 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; Proposed alcohol sales in the patio area 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 modification to the conditional use is of adequate size and shape to accommodate the use and buildings proposed; The Property is appropriate in size to allow the operation of the existing restaurant and ancillary ABC license. The Property is located within the Plaza Mexico complex and occupies an approximately 8,142 square foot building. The outdoor patio is 410 square feet and is enclosed by a 3'-4 1 /2" metal fence to limit the movement of alcoholic beverages beyond the restaurant area. The applicant is not requesting to construct any additional building area. D. That the proposed modification to the conditional use complies with all applicable development standards of the zoning district; The Property is an existing sit -down restaurant, which is a permitted use within Village No. II of the LBBSP. Any modifications must comply with development standards set forth in the LBBSP and the Lynwood Municipal Code (LMC). If a conflict shall arise with regards to the proposed modification, the most restrictive code provision will prevail. E. That the proposed modification to the conditional use observes the spirit and intent of this Zoning Code. 2 Village No. II of the LBBSP allows 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 (whether indoors or outdoors) subject to the issuance of a CUP. Section 2. The Planning Commission of the City of Lynwood hereby approves Conditional Use Permit No. 2003 -17 MODIFICATION (2), 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 (July 10, 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. The project shall comply with all applicable conditions set forth in Resolution No. 2953 and Resolution No. 3026. 7. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. 3 8. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m., seven days a week. 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. The sale of alcoholic beverages for consumption beyond the restaurant and the 410 sq. ft. outdoor patio area, including anywhere beyond the perimeter fence thereof, is strictly prohibited. 11. 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 petitioner(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 ABC license for an on -sale general, public eating - place, and any other license use at this location will require a new land use clearance. 4 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. 20. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. PUBLIC WORKS DEPARTMENT 21. Reconstruct two (2) substandard wheelchair ramp(s) at east side of State St. and Beechwood Ave. 22. Install five (5) 36" box trees per APWA Standards, two (2) on State St., two (2) on Imperial Hwy. and remove and install one (1) on Imperial Hwy. Species to be determined by Public Works. A permit to install the trees is required by the Engineering Division. Exact location of the trees will be determined at the time the permit is issued. LOS ANGELES COUNTY FIRE DEPARTMENT 23. 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 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. Section 4. A copy of Resolution No. 3295 and its conditions shall be delivered to the Applicant. APPROVED AND ADOPTED this 10 day of 3uly 2012, by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: 5 Kenneth West, Chair Lynwood Planning Commission Jonathan Colin, Director Pam Lee, Agency Attorney Development Services Department Planning Commission Counsel