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