HomeMy Public PortalAboutA 2012-07-10 PLANNING COMMISSIONDEVELOPMENT SERVICES
& PLANNING DIVISION
City o f LY NWOOD mom
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(-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
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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
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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.
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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.
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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