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HomeMy Public PortalAbout2013.010 (02-05-13) RESOLUTION NO. 2013.010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING ZONE CHANGE NO. 2012-01 TO REZONE THE PROPERTY LOCATED AT 10700 ALAMEDA STREET FROM MANUFACTURING (M) TO HEAVY COMMERCIAL (C-3) IN ORDER TO ESTABLISH A RESTAURANT AND BANQUET FACILITY WITH A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE(APN NO. 6170-002-045) WHEREAS, the applicant is proposing to change the General Plan designation of property located at 10700 Alameda Street (Assessor's Parcel No. 6170-002-045) ("Subject Property") from Industrial to Commercial in order to ensure that both the General Plan and Zoning Designations for the Subject Property are consistent with the request to establish a sit-down restaurant and banquet facility with a Type 47 Alcoholic Beverage Control (ABC) license within a vacant and abandoned 35,357 square foot, two- story industrial building, storage and parking areas; and WHEREAS, the establishment and licensing of a sit-down restaurant and banquet facility with a Type 47 ABC license are land-uses consistent with the policies and goals of the City's General Plan; and WHEREAS, the applicant seeks to provide the City's residents, businesses and civic groups with additional dining and public assembly options as well as to eliminate blight in the community; and WHEREAS, the Lynwood Planning Commission, pursuant to law, on December 11, 2012, conducted a public hearing and collected all comments, recommendations and suggestions and continued the item; and WHEREAS, the Lynwood Planning Commission, pursuant to law, on January 2, 2013, conducted a public hearing and collected all comments, recommendations and suggestions and adopted the associated Mitigated Negative Declaration, approved Resolution No. 3298, approving Conditional Use Permit No. 2012-04 as well as Resolution No. 3300 and 3301, recommending approval of Zone Change No. 2012-01 and General Plan Amendment No. 2012-02 to the City Council, as conditioned; and WHEREAS, a Mitigation Monitoring and Reporting Program is not required because all mitigation conditions were either incorporated into the project or are required Conditions of Approval; and WHEREAS, the City Council has considered the Planning Commission's recommendation and all of the written and oral testimony offered at the public hearing held on December 11, 2012 and January 2, 2013 concerning the proposed project. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council hereby finds and determines as follows: A. That the proposed amendment is consistent with the goals, policies, and objectives of the General Plan. If the City of Lynwood's City Council adopts proposed General Plan Amendment No. 2012-02, the General Plan designation of the subject property will be General Commercial. The proposed restaurant and banquet facility are uses that are 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 and banquet facility with an ancillary alcohol license provides a dining option to the City's business and manufacturing communities along the Alameda Corridor, which currently lacks viable restaurant establishments. Additionally, the proposed project provides a dining option to all City residents, particularly in the vicinity of the project site. The restaurant and banquet facility is intended to be family-oriented and open to all age groups. B. That a proposed zone change will not adversely affect surrounding properties. The proposed zone change will not have an adverse affect on surrounding properties, as a detailed list of Conditions of Approval has been prepared in conjunction with City Departments, including Public Works, Development Services, and the Fire Department. Proposed conditions of approval include requirements for the implementation of a security and on-site traffic plan, additional on-site lighting, restricted hours of operation, and the installation and placement of anti- loitering signage throughout the subject property. The subject property currently also has a ten-foot (10') masonry wall around the perimeter of the Subject Property in order to minimize impacts to adjacent uses. Section 2. The City Council of the City of Lynwood hereby approves Zone Change No. 2012-01, 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. 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 Zone Change approval shall lapse and become void one (1) year from the date (February 5, 2014) 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. PLANNING DIVISION 5. The applicant shall comply with all established mitigation measures identified in the project's Mitigated Negative Declaration and herein, including security and traffic plans. Any modifications or alterations to established mitigation measures must be presented to the Planning Division for review and approval prior to any modifications or alterations. 6. The existing Truck Storage as approved by Ordinance No. 1607 shall be terminated before a Certificate of Occupancy is issued for the proposed restaurant and banquet facility. 7. The storage building shall be repaired and remodeled as to conform to the proposed colors, textures, features of the facade improvement on the 35,357 sq. ft. building. 8. A special permit from the City Council of the City of Lynwood is required for all live entertainment. Dancing shall be limited to the banquet facility and the restaurant only when the restaurant is leased in conjunction with the banquet facility. There shall be no dancing as an ancillary use with the proposed restaurant. 9. All access into the Subject Property shall be from Martin Luther King Jr. Blvd. only. There shall be no egress of vehicles from Alameda Street. or 108 h Street. 10. There shall be no outside music, events or dancing. 11 . The applicant shall augment and maintain all exterior lighting within the parking lot and around the business. Lighting shall be screened and directed away from all adjacent properties. 12. The project approval is limited to a sit-down family oriented restaurant and banquet facility that is open to all ages. The operation of a night-club or an exclusive dance hall is prohibited. The subleasing, licensing or other use agreement of the restaurant and banquet facility to promoters in order to operate a night-club is strictly prohibited. 13. Events in the banquet facility shall be limited to private engagements including weddings, anniversaries, business meetings and conventions. There shall be no "door fee", "cover-charge" or related entrance fee into the banquet facility, whether charged at the door or before the event. Additionally, there shall not be any charge for parking on the parking lot of the Subject Property, whether as an entry fee, valet fee, or any other type of charge or fee for the right to park on the Subject Property. 14. Applicant shall at all times comply with all applicable Federal, State, and local laws and regulations. 15. Any music or noise shall conform to the City of Lynwood's Noise Ordinance. 16. The applicant shall post signs within and around the Subject Property stating that "loitering is strictly prohibited" and shall enforce such policy. 17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the applicant or its permittees. 18. The applicant(s) shall be responsible for maintaining the premises free of graffiti. 19. There shall be no pool tables, coin-operated games, or video machines maintained upon the premises at any time. 20. The premises shall be maintained as a bona fide eating establishment and shall provide a menu containing an assortment of foods normally offered in restaurants. 21. Neither the applicant, nor any person or entity operating the premises shall violate the City's adult entertainment ordinance. 22. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 23. The applicant shall submit a detailed sign program detailing all proposed sign locations, sign types and colors. The installation of flags, A-frames or painted signs is prohibited. 24. The applicant shall obtain a Business License from the City of Lynwood's Business License Division prior to operating business activities. 25. All banquet events and activities shall be limited to an area of 8,200 square feet as identified on the approved plans. No banquet events shall be permitted in the restaurant or 2nd floor office space. 26. There shall be no 24 hour operation of the restaurant or banquet facility. The hours of operation for the restaurant shall be 6:00 a.m. to 2:00 a.m. every day of the week. The hours of operation for the banquet facility shall be 5:00 p.m. to 12:00 a.m., Friday through Sunday. 27. The sales, service and consumption of alcoholic beverages in the restaurant shall be permitted only between the hours of 9:00 a.m. to 1:30 a.m., seven days a week. The sale, service and consumption of alcoholic beverages in the banquet facility shall be permitted only between the hours of 5:00 p.m. to 11:30 p.m., Friday through Sunday. PUBLIC WORKS DEPARTMENT 28. Reconstruct full width of sidewalk along Martin Luther King, Jr. Blvd. 29. Connect to public sewer. Each building shall be connected separately. Construct laterals as necessary. Minimum size required is six (6) inches. When connecting to an existing lateral, a City approved contractor shall verify the size of such lateral and shall provide proof of its integrity by providing a video tape of the lateral to the Department of Public Works/ Engineering Division. Video taping and verification of sewer later size and conditions must be done in the presence of a city engineer/ inspector. Any and all existing sewer laterals less than six inches (6") in diameter shall be abandoned at the property line per City instructions. 30. Re-grade parkway and landscape with grass. 31. All required water meters, meter service changes and/or fire protection lines shall be installed by the developer. Each building shall be connected separately. The work shall be performed by a licensed contractor hired by the developer. The contractor must obtain a permit from the Department of Public Works/ Engineering Division prior to performing any work. Any and all existing water service lines less than one inch (1") in diameter shall be abandoned at the water main line per City instructions. Each building/tenant shall have its own water service/meter. 32. No final sign off shall be given until all conditions of approval from the Public Works Department have been completed. 33. The applicant shall be responsible for funding the restriping of Martin Luther King Blvd. between Santa Fe Avenue and Alameda Street to accommodate westbound left turns into the proposed site. Striping to be per City Engineer's instructions. 34. First driveway approach east of Alameda Street shall be limited to an entrance only and travel lane in front of the business to serve as a fire lane for emergency access. 35. At west Alameda Street and Martin Luther King Blvd., the applicant shall be responsible for the funding to install a protective left turn indicator for south bound traffic on Alameda Street to improve traffic flow. 36. The applicant shall be responsible to fund the increase of street light wattage to (LED) on Martin Luther King Blvd. between Alameda Street and Santa Fe Avenue to improve night time visibility. 37. The applicant shall be responsible to fund the increase of street light wattage to (LED) on 108th Street from Alameda to Lorrain Street to discourage loitering. LOS ANGELES COUNTY SHERIFF'S DEPARTMENT 38. The applicant shall provide a minimum of two (2) security personnel during restaurant hours and banquet events. The applicant shall consult with the Sheriff's Department before the contracting of private security services. In addition to the security personnel, the Applicant shall arrange and pay all costs for a minimum of two (2) Sheriff Deputies to be present during all banquet events when alcoholic beverages are served at such events. 39. The applicant shall be responsible for the funding of the placement of an Advanced Safety and Protection camera at Martin Luther King, Jr. Blvd. and Alameda Street in order to monitor vehicular and pedestrian traffic. BUILDING AND SAFETY DIVISION 40. The applicant shall submit a construction plan and time frame for exterior improvements prior to the issuance of building permits. 41. The applicant shall be responsible for paying all development impact fees, art in public places fees, structural plan-check fees and all permits including all expired permits. 42. The applicant shall not exceed building occupancy loads as established under California Building Code, Los Angeles County Fire Code, or which may be more restrictive based on the recommendation of the Los Angeles County Sherriff. 43. Applicant/property owner must provide a copy of the permit card signed by all other departments prior to scheduling a final inspection 44. All construction shall meet or exceed the minimum building standards that are referenced in the following codes. • The California Building Code - 2010 edition; • The California Plumbing Code - 2010 edition; • The California Mechanical Code - 2010 edition; • The Los Angeles County Fire Code — 2010 edition; • The California Electrical Code — 2010 edition; In cases where the provisions of the California Building Code, the City of Lynwood Municipal Code, or the plans or specifications in these plans may conflict, the more restrictive provisions shall govern. LOS ANGELES COUNTY FIRE DEPARTMENT 45. 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 City Council finds that the Planning Commission considered the Initial Study prepared pursuant to CEQA and appropriately adopted a Mitigated Negative Declaration based on the finding that the project may have potentially significant impacts pertaining to Land Use and Planning, Transportation and Circulation, Public Services, Water, Hazards, Noise and Mandatory Findings of Significance; mitigation measures and conditions of approval have been incorporated into the project that would reduce potential impacts to a level of insignificance and therefore a Mitigated Negative Declaration was prepared. A Mitigation Monitoring and Reporting Program is not required because all mitigation conditions were either incorporated into the project or are required Conditions of Approval. Section 4. The City Council of the City of Lynwood, based upon the aforementioned findings, approves Zone Change No. 2012-02. Section 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 5th day of February, 2013. ��/ Salvador Alatorre, Mayor ATTEST: /SA _.,...1.,,S.1, _ Maria Quinonez, City Clerk Roger L. Hale «y Manager APPROVED A AS TO FORM: APPROVED AS TO CONTENT: Fred Galante, City Attorney J.%athan Colin, Director I-velopment Services STATE OF CALIFORNIA SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 5th day of February, 2013. AYES: COUNCIL MEMBERS CASTRO, SANTILLAN-BEAS, MORTON, RODRIGUEZ AND ALATORRE NOES: NONE ABSENT: NONE ABSTAIN: NONE dA t f alif;>/.4ALA If Maria Quinonez, City Clerk STATE OF CALIFORNIA SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2013.010 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 5th day of February, 2013. . .��WA �� 4 14A/IA L Maria Quinonez, City Clerk