HomeMy Public PortalAboutOrd. 1665ORDINANCE NO. 1665
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVIN(
ZONE CHANGE NO. 2013 -01 TO REZONE THE PROPERTIES LOCATED AT 3546 -3571
ORCHARD AVENUE (APN: 6177 - 004 -001 THROUGH 007) IN THE CITY OF LYNWOOC'
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA FROM MULTI- FAMIL),
RESIDENTIAL (R -3) AND CONTROLLED BUSINESS (CB -1) TO AUTOMOBILI
PARKING (P -1)
WHEREAS, the Lynwood Planning Commission, pursuant to law, on May 14, 2013
conducted a public hearing on the subject and adopted Resolution No. 3310,
recommending approval of Zone Change No. 2013 -01 to change the Zoning Designation
for the properties located at 3546 -3570 Orchard Avenue (APN: 6177 - 004 -001 through
007); 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 rezone the subject properties at 3546-
3570 Orchard Avenue (APN: 6177 -004 -001 through 007) (Subject Property) from Multi-
family Residential (R -3) and Controlled Business (CB -1) to Automobile Parking (P -1) 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 Zone Change 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. Pursuant to Section 25 -115.4 of the Lynwood Municipal Code
( "LMC "), which requires two (2) findings for the approval of a Zone Change, 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 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 - proposed
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 suppoitive 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 tuserve'the needs of
those living, working and visiting Lynwood.
B. That a proposed zone change 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 operating as
a parking lot for the adjacent shopping center, and other parcels.adiacent to.the
Subject Property: are already designated as General Commercial. As pro-
roposed
the applicant will resurface and restripe the existing parking lot, and, ihstall 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 of the
Subject Property from Orchard Avenue; all vehicle ingress and egress`.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 find's that,the findings required
under LMC Section 25 -115.4 have been established, as described above. As such, the
City Council of the City of Lynwood hereby approves approve, Zone Change No 2013`` -01';
subject to all conditions, restrictions, and limitations set forth as follows:
CONDITIONS OF APPROVAL
'DEVELOPMENT SERVICES DEPARTMENT
The Zone Change approval must be .acted upon within one year. The Zone
Change 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 [lave 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 zproperty
along Orchard Avenue.
19. Submit a drainage plan. Drainage will be checked by the Department 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- 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 hereby 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 Ordinance
following the City Council's second reading.
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 the 6th day
of August, 2013.
PASSED; APPROVED, and ADOPTED, this 6th day of August, 2013.
Salvador latorre, Mayor
ATTEST:
APPROVED AS FOR-FORM: APPROVED AS TO CONTENT:
Fred Galante, City Attorney Sar a Withers,
Actin s ty' . anager for.
Roger L. 'Haley, City Manager
Jon an Colin, Director
De elopment 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 6`•h 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. 1665 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.