Loading...
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.