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HomeMy Public PortalAboutOrd. 1664ORDINANCE NO. 1664 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVIN GENERAL PLAN AMENDMENT NO. 2013 -01 TO CHANGE THE GENERAL PLA DESIGNATION FOR THE PROPERTIES LOCATED AT 3546 -3556 ORCHARD AVENU (APN: 6177- 004 -001 THROUGH 003) IN THE CITY OF LYNWOOD, COUNTY OF LO ANGELES, STATE OF CALIFORNIA FROM MULTI - FAMILY RESIDENTIAL T COMMERCIAL WHEREAS, the Lynwood Planning Commission, pursuant to law, on May 14, 2013 conducted a public hearing on the subject and adopted Resolution No. 3311, recommending approval of General Plan Amendment No. 2013 -01 to change the General Plan Designation for the properties located at 3546 -3556 Orchard Avenue (APN: 6177- 004 -001 through 003); and WHEREAS, the City Council conducted a public hearing on July 2, 2013 and considered all pertinent testimony offered at the public hearing; and WHEREAS, the Applicant is requesting to change the General Plan designation of the subject properties at 3546 -3556 Orchard Avenue (APN: 6177 - 004 -001 through 003) (Subject Property) from Multi- family Residential to Commercial in order to operate an existing automobile parking lot consisting of 149 parking stalls (Project), in conjunction with the Compton Fashion.Center located at 2100 N. Long Beach Blvd., Compton, CA 90221; and WHEREAS, the proposed General Plan Amendment is consistent with the goals, policies and objectives of the City's General Plan by providing and encouraging land use planning that accommodates the City's needs for goods and services; and WHEREAS, the Development Services Department has conducted an analysis under the California Environmental Quality Act ( "CEQA ") and determined that the project is categorically exempt pursuant to Sections 15301 (Existing Facilities) and 15311 (Accessory Structures) because the proposal is to change the general plan and zoning designation of an existing operational parking lot and to improve a small parking lot that is accessory to an existing commercial use. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS: Section 1. The facts and conclusions referenced above are incorporated as if fully set forth herein, and the findings made by the City Council herein are supported by substantial evidence contained in the record of this proceeding. Section 2. LMC Section 25 -110.3 sets forth four (4) findings the City Council must make in order to approve a General Plan Amendment. The following is a summary of findings, followed by staff determinations: A. That the proposed Amendment is in the public 'interest and that there will be a community benefit resulting from the amendment; As described in the City's General Plan, the Commercial zoning idistricts, including the 'P -1, are established to permit .a range of retail and ' ervice commercial uses to meet the commerce needs of City residents, visitors'and; the workforce. The proposed Amendment will allow the Subject-Pro ' perty to continue operating as a legal conforming use as a parking lot and wil strengthen the economic viability of the surrounding area. B. That the proposed. Amendment is consistent with the' goals, policies and objectives of the,general plan; If General Plan Amendment No. 2013 -01 is recommended for approval. by the Planning Commission and approved by the City Council, the General Plan designation of the Subject Property will be General Commercial. The, 'ioposed Zone Change No. 2013 -01 will not alter or modify existing General Plan goals or polices of the site, rather the request will provide an ancillary, and supportive use for the existing retail establishment, which supports Goal LU -2 of, the City's General Plan by planning for a range of commercial sites to_serve the needs of those living, working and visiting Lynwood. C. That the proposed Amendment will not conflict with _pcovision§ of the zoning code, subdivision regulations, or any applicable specific plan; Approval of Zone Change 'No. 2013 -01, will ensure that the Subject' Property's zoning and general plan designations are consistent. As part•of;the proposal, the applicant has redesigned the Subject Property to. meet applicable P -1' development standards including setbacks; overall landscaping and' on -site vehicle circulation. D. In the event that the proposed Amendment. is a change of the land. use policy map; that the amendment will, not adversely ,affect surrounding properties. ` General Plan Amendment No. 2013 -01 will not 'have an adverse effect on surrounding properties. As stated', the Subject Property is currently ope rating- as a parking lot for the adjacent shopping center; and other parcels adjacent to the Subject Property are already designated as General Commercial. As- proposed the applicant will resurface and restripe the existing parking lot, and .install new., lighting as well as enhance landscaping throughout the properties in „order to beautify current. conditions.. There are no vehicle access points into and "out ofthe Subject Property from Orchard Avenue; all vehicle ingress and egre "ss'is from Bullis Road, which is considered a key North /South collector street as designated' in the City's Circulation Element. Lastly, the rezoning of the Subject Property will provide a buffer between the Residential uses to the" North of the. Subject Property and the retail use to the South. Section 3. The City Council hereby determines and finds that the findings required under LMC Section 25 -110.3 have been established, as described in Section 2 above. As such, the City Council of the City of Lynwood hereby approves General Plan Amendment No. 2013 -01, subject to all conditions, restrictions, and limitations set forth as follows: CONDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT 1. The General Plan Amendment approval must be acted upon within one year. The General Plan Amendment shall become null and void 365 days from the date of approval if not acted on within this period. The expiration date is July 2, 2014. One extension of up to 1 year may be granted if the extension is requested in writing prior to the end of the valid period, at the discretion of the Development Services Department. 2. The Project shall comply with all regulations and standards set forth in the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code, and by all City Departments. 3. The Project shall be developed in accordance with plans approved by the Lynwood Planning Commission and on file in the Development Services Department, Planning Division. 4. Any proposed subsequent modification of the Subject Site, structures thereon shall be first reported to the Development Services Department for review and written approval of said modifications prior to any modification. 5. All appeals must be brought within ten (10) working days of the date of the final action by the Planning Commission, Development Services Director, or Site Plan Review Committee. An appeal will be scheduled for public hearing before the City of Lynwood's City Council. Persons filing the appeal must submit an application and pay a fee of $1,154.62. 6. Notwithstanding the conditions herein, Applicant shall comply with all applicable Conditions of Approval in existing land -use entitlements which have been granted to the subject property. 7. The Applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of this approval. The Applicant shall reimburse and indemnify the City, its agents, officers or employees for any award, court costs, and attorney's fees which the City, its agents, officers, or employees may be required to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve Applicant of his obligations under this condition. PLANNING DIVISION 8. The applicant shall install LED lighting and security. cameras�in the parking lot. 9. There shall be no automobile, motorcycle, recreational vehicle or all- terrain vehicle servicing, repair or car washing conducted on the project site. 10. There shall be no storage of vehicles of any kind on project site. 11. All driveway and parking areas shall be paved- with concrete; and permanently maintained as well as have sufficient lighting for security. Such vehicle access and parking areas shall remain clear and accessible for. vehicles'at,all times. °Vehicle parking stalls shall be delineated and have bumper guards. Handicap parking stalls shall be provided in compliance with American with Disabilities', Act' (ADA) standards. 12. The installation of flags, painted signs and A -frame signage:is prohibited, 13. The applicant shall maintain on -site parking area in-an orderly-manner and provide continued landscaping maintenance. 14. Any artificial light shall be installed to reflect away.from adjoining_ properties. 15. The Applicant is required to submit an Address Change request and` pay the required $234.22 fee. 16. The applicant shall maintain a pro - active approach to eliminate graffiti "from the structures, fences and accessory buildings on a daily basis. Graffiti" "shall be removed within twenty -four (24) hours. PUBLIC WORKS DEPARTMENT 17. Provide documentation that lots composing the property, were legally tied together to the satisfaction .of the Department of Public Works/ Engineering Division. After reviewing the documents, the Department. of Public-­Works/ Engineering Division may require the submission and `recordation of a parcel /tract map or lot merger. 18. Provide an irrevocable offer. of dedication for five (5') foot wide strip of "property along Orchard Avenue. 19. Submit a drainage plan. Drainage will be checked by the Departmentr`of Public Works / Engineering Division. No permits will be issued prior to the approval of a drainage plan. 20. No final sign off shall be given until all conditions of approval from the Public Works Department have been completed. BUILDING AND SAFETY DIVISION 21. 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. 22. Applicant/property owner must provide a copy of permit card signed by all other departments prior to scheduling a final inspection. LOS ANGELES COUNTY FIRE DEPARTMENT 23. The applicant shall submit any tenant improvement plans for review and approval to the County of Los Angeles Fire Department Fire Prevention Engineering Section for review and approval prior to building permit issuance. Contact Fire Prevention Engineering Section at (323) 890 -4125 for additional information. 24. 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 4. The City Council has considered the analysis conducted by the Development Services Department under the California Environmental Quality Act ( "CEQA ") and hereby determines that the project is categorically exempt pursuant to Sections 15301 (Existing Facilities) and 15311 (Accessory Structures) because the proposal is to change the general plan and zoning designation of an existing operational parking lot and to improve a small parking lot that is accessory to an existing commercial use. Section 5. The City Clerk shall certify as to the adoption of this Resolution. First read at a regular meeting of the City Council held on the '18th day of June, 2013 and adopted and ordered published at a regular meeting of said .Council on thekl6th day ' of July, 2013. PASSED, APPROVED, and. ADOPTED, this 16th day of July, 2013. ATTEST: A/ Maria Quinonez; Salvado'- Alatorre, Mayor . APPROVED AS FOR FORM: APFROVED AS TO CONTENT: Fred Galante, City Attorney SarahWwManagprfor Withers, Acting Roger L. Haley,- City Manager, Jo than Colin, Director Development Services 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 Ordinance was duly adopted by the City Council of the City of Lynwood at its regular meeting held on the 6th day of August, 2013. AYES: COUNCIL MEMBERS CASTRO, SANTILLAN -BEAS, RODRIGUEZ AND ALATORRE NOES: COUNCIL MEMBER MORTON ABSENT: NONE ABSTAIN: NONE 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 foregoing is a full, true and correct copy of Ordinance No. 1664 in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 6th day of August, 2013.