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HomeMy Public PortalAbout2013.074 (06-04-13) RESOLUTION NO. 2013.074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD DENYING THE SPECIAL PERMIT APPLICATION BY BOTANICA SAN PEDRO TO OPERATE FORETUNE TELLING ACTIVITIES AT 3100 E. IMPERIAL HIGHWAY, UNIT H-8 WHEREAS, an application was duly filed by the applicant, Botanica San Pedro, with respect to real property located at 3100 E. Imperial Highway, Unit 1=1-8, requesting the approval of a special permit to conduct fortune telling activities to include card reading, crystal gazing and the retail of related items such as candles, oils, wind chimes, and charms; WHEREAS, the activities sought to be conducted by applicant are regulated by Lynwood Municipal Code ("LMC") sections 4-8.1 through 4-8.7 and section 4-12, which sets forth the process, procedures and regulations for special permits; WHEREAS, LMC section 4-12 is the standard for which all applications made after May 1, 1967 for fortune telling and related businesses must comply, which provision imposes on the applicant the burden of proof at the hearing before the City Council to demonstrate that the public convenience and necessity requires an additional fortunetelling business in the City and, if such showing is not established, irrespective of the good qualifications of applicant and its fitness, willingness and ability to conform to the provisions of such section of the LMC, the permit must be denied; WHEREAS, the City Council held a public hearing on May 7, 20131,at 6:30 P.M. at City Hall, Council Chambers, 11330 Bullis Road, Lynwood, California to consider the special permit application and a notice of time, place and purpose of the aforesaid meeting was duly given to applicant and all interested parties; WHEREAS, at its May 7, 2013 meeting, the City Council considered said application of Botanica San Pedro in accordance with the provisions of the LMC" and considered all documentary evidence and verbal testimony regarding said application and the proposed use; . WHEREAS, the City Council closed the public hearing and found, based on all evidence available, that there is an overconcentration in the City of Lynwood of fortune telling businesses in similar form and manner as the business proposed by the application at hand and, as such, there was concern that such overconcentration would lead to negative impacts to the area and that the applicant was unable to demonstrate that another fortunetelling business would be appropriate or that the public convenience and rnecessity' required another such business; and WHEREAS, the City Council directed staff to return with a Resolution incorporating such findings and denying the application for a special permit to conduct the proposed fortune telling activities. NOW, THEREFORE, THE CITY OF LYNWOOD DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2. The City Council, having conducted the May 7, 2013 duly-noticed hearing on the application of Botanica San Pedro, with respect to real property located at • 3100 E. Imperial Highway, Unit H-8, for approval of a special permit to conduct fortune telling activities to include card reading, crystal gazing and the retail of related items such, as candles, oils, wind chimes, and charms found that there is an overconcentration in.the City of Lynwood of fortune telling businesses in similar form and manner as the business proposed by the applicant, and as such, the overconcentration would'likely lead to negative impacts to the area, and that the applicant was unable to demonstrate that-anotherfortunetelling business would be appropriate or that the public convenience and necessity required another such business in the City. Section 3. Based on the provisions of LMC section 4-12.7 requiring the applicantfor a fortune telling business to meet its burden of proof at the hearing before the CityCouncil to demonstrate that the public convenience and necessity requires an.additional fortunetelling business in the City and the above findings confirming that applicant failed to meet such'. burden, the City Council hereby denies the application of Botanica San Pedro for a special permit to conduct fortune telling activities. Section 4. This Resolution shall take effect and be in full force immediately upon its approval and as authorized by law. . Section 5. The City Clerk shall certify to the passage and adoption of this Resolution and shall transmit a copy of the same to the applicant. PASSED, APPROVED and ADOPTED this 4th day of June, 2013: ; STATE OF CALIFORNIA ) - • ) § COUNTY OF LOS ANGELES ) • I, the undersigned City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Resolution was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the 4t" day of June 2013, and passed by the following vote: AYES: COUNCIL MEMBERS CASTRO, SANTILLAN-BEAS, MORTON, RODRIGUEZ AND ALATORRE • NOES: NONE ABSENT: NONE ABSTAIN: NONE C. LISA__/.`/�fi a Maria Quinonez, Ci' Clerk 1 STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) • I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and forgoing is a full, true and correct copy of Resolution No. 2013.074 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 4th day of June, 2013. aria Quinonez, City Clerk 0