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HomeMy Public PortalAboutA 2014-01-14 PLANNING COMMISSIONCity q f LYNWOOD City _Ued" C&affwj �. � s 1 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310i 303.0220 AGENDA LYNWOOD PLANNING COMMISSION AND PARKING & BUSINESS IMPROVEMENT DISTRICT BOARD COUNCIL CHAMBERS ,-1 c E I V E D 11330 BULLIS ROAD LYNWOOD, CA 90262 January 14, 2014 6:00 P.M. PLANNING COMMISSIONERS JAN U 9 2014 i T �r LYNWOOD =RKS OFFICE Marvin Aceves Elizabeth Battle Alex Landeros Vice -Chair Commissioner Commissioner Kenneth West Bill Younger, Chair Commissioner COMMISSION COUNSEL Pam Lee, Assistant City Attorney Law Office of Aleshire and Wynder STAFF Jonathan Colin, Rita Manibusan Karen Figueredo, Director Manager Planning Associate 1 Octavio Silva Planning Associate OPENING CEREMONIES 1. Call meeting to order. 2. Flag Salute. 3. Rol! .--all of Commissioners, .,.,I �� -if - o; -nds Posting. i'. Ce,'t icati in of Ag.- I Minutes of Planri.ng Com, mission Meeting. DeceTriber 10, 2:013 SWEARLNG IN SPEAKERS '11-t-z', Lyn-�!,vood Pf3-nining Cor-mission sha", <t -a,' in =11 cri I;islzel :Dn tne P& Ccmrrj!,j:7-z!or, Agenda. de-t-s sra fl s'wear to t-r-P she truth, the whole truth and not. ling but UI-1-- truth. PUBLIC ORALS the public rriay cornment on and issue within. ti--ii ii,H f 'L I.- " AOL 1-13 t"ime, anv mefrber S '-7! M "r - he e Cofr,-Jss!#t-,,n that is x.t on 44, ', enj -.3. f-il,EM-Cers of the public rnay also com.. mert at this tirne on any Agenc'P, is, ri--t s&,eduled for a publc hearing. To preserve continuity, the Planning Cornet. -:36� of aquest, "n S 'h V. i er "scr-- re members c.f she pub-k wisl'!P.g Co cornment on A which public hewirgs are not scheduled to hold their Comments untIl juz— prlor 't.o Q= j Commissior"s discussion of the Agenda Item in question. CONTINUED REGULAR AGENDA 8. None NEW REGULAR AGENDA (Public Hearing) 9. Tentative Tract Map No. 2013-01, Applicant: Javier Barajas 11729-11739 Thorson Avenue APN: 6174-008-901 2 M •0• The applicant is requesting approval of Tentative Tract Map (TTM) No. 2013 -01 to divide the land in order to create six (6) parcels for single family residences on properties located 11729-11739 Thorson Avenue, in the R -1 (Single Family Residential) zone. Recommendation Staff recommends that the Planning Commission adopt Resolution No. 3331, recommending approval of Tentative Tract Map No. 2013 -01. 1o. Conditional Use Permit No. 85101 Modification Applicant: Soung Monh 11400 atlantic Avenue 01 39- -037 -032 Pro sal The applicant is requesting approval of Conditional Use Permit (CUP) No. 85101 Modification, to expand a Type 20 Alcoholic Beverage Control (ABC) License for the off- premise sale of beer and wine. The request consists of modifying time restrictions that lirnit sale hours of operation to midnight. The applicant is requesting to extend the safe hours to 2:00 a.m. on a daily-basis within- an--existing convenience -store- -(7= Eleven) - located at-1-1-400 Atlantic Avenue, in the C -3 (Heavy Commercial) zone. Recommendation Staff recommends that the Planning Commission direct staff on the two proposed options listed below: Option No. 1- Adopt: • Resolution No. 3332, approving CUP No. 85101 Modification as conditioned. Option No. 2- Deny: • Direct staff to prepare a resolution for the denial of CUP No. 85101 Modification. DISCUSSION ITEM COMMISSION ORALS STAFF ORALS 3 AD30U RN M ENT Adjourn to the regular meeting of the Lynwood Planning Commission on February 11, 2014 at 6:00 p.m. in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California, 90262. 4 LYNWOOD PLANNING COMMISSION REGULAR MEETING December 10, 2013 Item #1- Cali Meeting to Order Vice -Chair Aceves called the meeting to order at 6:00 p.m. Item #2- Flag Salute Commissioner Younger led the flag salute. Item #3- Roll Call of Commissioners Development Services Director Colin called roll. Commissioner Battle, Landeros, Younger, and Vice -Chair Aceves were present. Also present were Development Services Director Colin, Development Services Manager Manibusan, Planning Associate Silva, Planning Associate Figueredo and Commission Counsel Galante. Item #4- Certification of Agenda Posting Vice -Chair Aceves asked if the Agenda had been duly posted and Development Services Director Colin indicated that the Agenda was in fact duly posted. Item #5- Minutes It was moved by Commissioner Younger, seconded by Commissioner Landeros and carried to approve the minutes of the Planning Commission Meeting of October 8, 2013. Item #6, SWEARING IN SPEAKERS Commission Counsel Galante, swore in members of the audience. Chairman West arrived at 6:06 p.m. Item # 7- Public Orals NONE 1 ITEM # NEW REGULAR AGENDA Item #9, Conditional Use Permit No. 2013 -04 Applicant: Lynwood Market 12301 Atlantic Avenue APN : 6186 - 012 -032 Commission Counsel Galante stated for the record that two Commissioners, Battle and Landeros would remove themselves from action and /or discussion on this item in order to avoid any conflict of interest. Director of Development Services Colin introduced the item to the Commission and provided information from the staff report. The applicant, Lynwood Market, is requesting approval of a Conditional Use Permit, No. 2013 -04, to allow a Type 20 alcoholic Beverage Control (ABC) License for the off premise sale of beer and wine within an existing food market located at 12301 Atlantic Avenue. Chair West opened the Hearing for public comment. Louis Morales, 7437 Irwingrove Drive, Downey, CA, spoke in support of the project. Lucy Avalos 3330 Lugo Avenue, Lynwood, CA, spoke in support of the project. A resident who lives on Lugo Avenue, Lynwood, CA, spoke in support of the project. Rene Luna, 9303 Karmont Avenue, South Gate, CA, spoke in support of the project. Ray Yun, 800 W. Alondra Blvd., Compton, CA, spoke in opposition to the project. Cesar Alvarado, 16010 Pyrol, Fontana, CA, Business Owner and Applicant, spoke on his own behalf in favor of the project. Hearing no further discussion, it was moved by Commissioner Younger, seconded by Commissioner Aceves to adopt: RESOLUTION NO. 3329, ENTITLED: "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2013 -04 IN ORDER TO ALLOW A TYPE 20 ALCOHOLIC BEVERAGE CONTROL (OFF- PREMISE BEER & WINE) LICENSE WITHIN AN EXISTING FOOD MARKET LOCATED AT 12301 ATLANTIC AVENUE WITHIN THE CONTROLLED BUSINESS (CB -1) ZONE; APN: 6186 - 012 - 032." 2 ROLL CALL: AYES: COMMISSIONER YOUNGER, WEST NOES: NONE ABSENT: COMMISSIONER BATTLE, LANDEROS ABSTAIN: COMMISSIONER ACEVES Commissioner Landeros did not return for the conclusion of the meeting. DISCUSSION ITEMS Norge COMMISSION ORALS Commissioner battle requested crime statistics for the area surrounding the market. Commissioner Younger thanked staff and his colleagues for a good year, and wished everyone a Merry Christmas. Commissioner Aceves thanked staff. Chairman West thanked staff. ADJOURNMENT Having no further discussion, it was moved by Commissioner Younger, seconded by Vice Chair Aceves and carried to adjourn at 6:45 p.m. Kenneth West, Chair Lynwood Planning Commission 3 APPROVED AS TO CONTENT: Jonathan Colin, Director Development Services APPROVED AS TO FORM: Pam Lee, City Attorney Planning Commission Counsel ITEM #9 REQUEST FOR: rs6o Planning Commission Action PLANNING COMMISSION MEETING PLANNING DIVISION STAFF: DATE: January 14, 2014 APPROVED TITLE: RESOLUTION NO. 3331: TO APPROVE TENTATIVE TRACT MAP NO. 2013 -01 X72, ?99), TO SUBDIVIDE ONE (1) IRREGULARLY SHAPED PARCEL INTO SIX (6) PARCELS FOR THE PURPOSE OF CONSTRUCTING SIX (6) SINGLE FAMILY RESIDENCES ON PROPERTY LOCATED AT 11729, 11731, 11733, 11735, 11737 AND 11739 THORSON AVENUE. ASSESSOR PARCEL NUMBER 6174 - 008 -901, IN THE R- 1 (SINGLE FAMILY RESIDENTIAL) ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA Prepared by Karen Figueredo PROPOSAL DENIED ❑ As Recommended • As Amended • Set Public Hearing For ❑ Applicant's Request CONTINUED TO Development Services Director The applicant is requesting approval of Tentative Tract Map No. 2013 -01 (72299) ( "Tentative Map ") to subdivide an excess Caltrans parcel at 11729, 11731, 11733, 11735, 11737 and 11739 Thorson Avenue, further described as Assessor's Parcel Number 6174 - 008 -901 ( "Property ") into six (6) lots in order to construct six (6) single family dwellings two- stories in height, with attached two -car garages, in an R -1 (Single- FamiGj -Pesidential -)-zon " rojecf4 Previously on October 8, 2013, the Lynwood Planning Commission approved Variance No 2013 -01, 2013 -02 and 2013 -03 to allow a reduction in the required minimum lot size on properties located at 11739, 11737 and 11735 Thorson Avenue as part of the Project. RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution No. 3331 and approve Tentative Tract Map No. 2013 -01 (72299). BACKGROUND The Property is located on the west side of Thorson Avenue between 1 -105 Freeway and Josephine Avenue in the R -1 (Single Family Residential) zone. The Property is irregular in shape and totals approximately 41,950 square feet in area. The parcel is bounded by the 1 -1.05 Freeway to the north, Muriel Drive to the west, and Thorson Avenue to the east. As part of the subdivision, the applicant proposes to create six (6) lots on a vacant parcel to build six (6) two -story single family residences with attached two car garages. The residences will range from 1,900 square feet to 2,100 square feet and consist of three (3) bedrooms and two and half (2.5) bathrooms. The applicant already applied for Site Plan Reviews for the new single family residences. On October 8, 2013, the Planning Commission approved Variance No. 2013 -01, Variance No. 2013 -02 and Variance No. 2013 -03 to reduce the required lot size for construction of three (3) of the six (6) proposed single family units. ANALYSIS & DISCUSSION The Subdivision Map Act, codified in Government Code Section 66400 et seq., governs subdivision tract and parcel maps. Under Section 25 -180 -2 of the Lynwood Municipal Code ( "LMC "), the provisions of the Subdivision Map Act relating to the review and approval of tentative, final, and parcel maps are applicable to the City. Per Section 66474, the Planning Commission cannot approve a tentative map if it finds any of the following: • That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451. • That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. • That the site is not physically suitable for the type of development. • That the site is not physically suitable for the proposed density of development. • That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. • That the design of the subdivision or type of improvements -is likely to -cause serious public health problems. • That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. Staff believes that none of the above applies in this case and therefore the Planning Commission can approve the Tentative Map. Specifically, the following findings can be made: 1. The Tentative Map is consistent with the approved, applicable general and specific plans: The Tentative Map will result in the subdivision of the Property into six (6) vacant lots for the development of six (6) single family residences on each proposed lot. The current zoning of R -1 (Single- Family Residential) is consistent with the General Plan land Use designation of residential for the Property. The Property will be improved with uses consistent with the goals and objectives of the General Plan. 2. The Property is physically suitable for the proposed type and density of development: The Property will be developed with six (6) two -story single family residences with attached bAto car garages. The residences will range from 1,900 square feet to 2,100 square feet and consist of three (3) bedrooms and two and half (2.5) bathrooms. The single family residences conform to the density permitted within R -1 (Single - Family Residential) zones. The proposed Project will also be compatible with the surrounding uses, as they consist of single family residential uses. Each of the lots will conform to the development standards set forth in the LMC pertaining to minimum lot width, lot depth, lot area (with the exception of Variance No. 2013 -01, Variance No. 2013 -02 and Variance No. 2013 -03), parking, setbacks and landscaping. 3. The design of the proposed improvements is not likely to cause environmental damage, substantially and avoidably injure fish or wildlife or their habitat, cause serious public health problems, or conflict with public easements: The Project will result in the development of the Property in an area that is fully developed, as the Property is bound by a freeway to the north, and residential uses to the south, east, and west. The Project will not be built on or near habitats of fish or wildlife. The Project will not cause serious health problems because the residential use is similar to the surrounding uses and permitted by the General Plan. There are no conflicting public easements on the Property. Access to each of the lots would be provided by a twenty -four (24) foot shared driveway at the northwest corner of Thorson Avenue. A recorded easement will be required for the common driveway. If the subdivision is approved, the applicant would be required to apply for six (6) site plan review applications prior to development. The Site Plan Review Committee has reviewed the project; code requirements and concerns are listed as conditions of approval in attached Resolution No. 3331. ENVIRONMENTAL REVIEW The Development Services Department has determined that the Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) guidelines pursuant to Section 15332 [In -fill Development Projects]. Attachments: 1. Project Profile 2. Location Map 3. Resolution No. 3331 4. Plans PROJECT PROFILE Tentative Tract Map No. 2013 -01 11729 -11739 Thorson Avenue APN: 6174 -008 -901 1. Source and Authority Lynwood Municipal Code (LMC) Section 25.18.5 sets forth requirements for subdivision maps of five (5) or more parcels. 2. Property Location and Size The subject property is located at the west side of Thorson Avenue between the 1 -105 Freeway and Josephine Avenue in the R -1 (Single Family Residential) zone. The property is rectangular in shape totaling approximately 41,950 sgUare feet in area. 3. Existino Land Uses Site Developed North: 1 -105 Freeway South: Single Family Residential West: Single Family Residential East: Single Family Residential 4. Land Use Designation The Property has a General Plan Land Use Map Designation of Single Family Residential that is consistent with the R -1 (Single Family Residential) zoning. The adjacent properties General Plan and Zoning designations are as follows: Site General Plan Zoning North: 1 -105 Freeway South: Single Family Residential R -1 (Single Family Residential) West: Single Family Residential R -1 (Single Family Residential) East: Single Family Residential R -1 (Single Family Residential) 5. Site Plan Review The Site Plan Review Committee has reviewed the Project and recommended approval subject to conditions of approval set forth in Resolution No. 3331. 6. Code Enforcement History No active code enforcement case. 7. Public Response None of record at the time of this report. LOCATION MAP ADDRESS: 11729 -11739 Thorson Avenue CASE NO.: Tentative Tract Map No. 2013 -01 APPLICANT: Javier Baraias APN (S): 6174008 -901 1 ve Zr y� �t%t �� Y GitY. YSb Fire m. qo + ec Louise,.. z . Locksmith Seraic?s 14 9i ZY' ;z Great o�ns� - _- ,es� -= - _ ADDRESS: 11729 -11739 Thorson Avenue CASE NO.: Tentative Tract Map No. 2013 -01 APPLICANT: Javier Baraias APN (S): 6174008 -901 RESOLUTION NO. 3331 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING TENTATIVE TRACT MAP 2013 -01 (72299), TO SUBDIVIDE ONE (1) IRREGULARLY SHAPED PARCEL INTO SIB( (6) PARCELS FOR THE PURPOSE OF CONSTRUCTING SIX (6) SINGLE FAMILY RESIDENCES ON PROPERTY LOCATED AT 11729, 11731, 11733, 11735, 11737 & 11739 THORSON AVENUE, ASSESSOR PARCEL NUMBER 6174- 008 -•901, IN THE R -1 (SINGLE FAMILY RESIDENTIAL) ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the applicant is requesting approval of Tentative Tract Map No. *2013 -01 (72299) ( "Tentative Map'j to subdivide an irregularly shaped parcel at 11729, 11731, 11733, 11735, 11737 and 11739 Thorson Avenue, on the west side of Thorson Avenue between I -105 Freeway and Josephine Avenue, further described as Assessor's Parcel Number 6174 -008 -901 ('Property'), into six (6) lots in order to construct six (6) single family dwellings two - stories in height, with attached two -car garages, in an R -1 (Single- Family Residential) zone ( "Project'j; and WHEREAS, the Lynwood Planning Commission recognizes the need to subdivide the Property for residential purposes; and WHEREAS, the Subdivision Map Act, codified in Government Code Section 66400 et seq., governs subdivision tract and parcel maps; and WHEREAS, under Section 25 -180 -2 of the Lynwood Municipal Code ("LMC'�, the provisions of the Subdivision Map Act relating to the review and approval of tentative, final, and parcel maps are made applicable to the City; and WHEREAS, the Lynwood Planning Commission, pursuant to law, on January 14, 2014 conducted a public hearing; and WHEREAS, the Planning Commission considered all pertinent testimony offered at the public hearing; and WHEREAS, the Lynwood Planning Commission, pursuant to law, on October 8, 2013 conducted a public hearing and approved Variance No. 2013 -01, Variance No. 2013 -02 and 1 Variance No. 2013 -03 to reduce the minimum lot size on properties located at 11739, 11737 and 11735 Thorson Avenue; and WHEREAS, the Development Services Department has determined that the Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) guidelines pursuant to Section 15332 [In -fill Development Projects]. Section 1. The Lynwood Planning Commission hereby finds and determines as follows: A. The Tentative Map is consistent with the approved, applicable general and specific plans: The Tentative Map will result in the subdivision of the Property into six (6) vacant lots for the development of six (6) single family residences on each proposed lot. The current zoning of R -1 (Single - Family Residential) is consistent with the General Plan Land Use designation of residential for the Property. The Property will be improved with uses consistent with the goals and objectives of the General Plan. B. The Property is physically suitable for the proposed type and density of development: The Property will be developed with six (6) two -story single family residences with attached two car garages. The residences will range from 1,900 square feet to 2,100 square feet and consist of three (3) bedrooms and two and half (2.5) bathrooms. The single family residences conform to the density permitted within R -1 (Single - Family Residential) zones. The proposed Project will also be compatible with the surrounding uses, as they consist of single family residential uses. Each of the lots will conform to the development standards set forth in the LMC pertaining to minimum lot width, lot depth, lot area (with the exception of Variance No. 2013 -01, Variance No. 2013 -02 and Variance No. 2013 -03), parking, setbacks and landscaping. C. The design of the proposed improvements is not likely to cause environmental damage, substantially and avoidably injure fish or wildlife or their habitat, cause serious public health problems, or conflict with public easements: The Project will result in the development of the Property in an area that is fully developed, as the Property is bound by a freeway to the north, and residential uses to the south, east, and west. The Project will not be built on or near habitats of fish or wildlife. The Project will not cause serious health _problems because the_ residential use is similar to the surrounding uses and permitted by the General Plan. There are no conflicting public easements on the Property. Access to each of the lots would be provided by a twenty -four (24) foot shared driveway at the northwest corner of Thorson Avenue. A recorded easement will be required for the common driveway. 1) Section 2. The Lynwood Planning Commission hereby approves Tentative Tract Map No. 2013 -01 (72299) to divide the land to create six (6) single family residences on properties located at 11729, 11731, 11733, 11735, 11737 & 11739 Thorson Avenue (APN 6174 - 008 -901) subject to the following conditions: CONDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT 1. The applicant shall meet the requirements of all other City Departments to Include Planning, Building & Safety, Public Works, Code Enforcement and Fire. 2. The applicant, or his representative, shall sign a Statement of Acceptance stating that hey "she has read, understands, and agrees to the conditions imposed by the Planning Commission, before any building permits are issued. 3. The Tentative Tract Map shall be file with the City Engineer, Department of Environmental Services of the City of Lynwood. 4. This Tentative Map expires twenty -four (24) months from the date of approval by the Planning Commission. If a final tract map is not recorded prior to she expiration date, the applicant must apply in writing to the Development Services Department at least thirty (30) days before the above date for an extension of this approval. One extension of up to twelve (12) months shall .be permitted. Upon the applicadon to extend the Tentative Map, the Tentative Map shall automatically be extended for sixty (60) days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. 5. The final tract map shall identify that no building or portion thereof will encroach onto any easements on the Property. Alternatively, documentation may be submitted authorizing the encroachment of a building from the easement holder. 6. All appeals must be brought within ten (10) working days of the date of the final action by the Planning Commission. An appeal will be scheduled for public hearing before the Lynwood City Council. Persons filing the appeal must submit an application and pay a fee of $1,083. 7. The applicant /owner 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. 3 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 /owner of his obligations under this condition. 8. In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedications, reservations, or exactions for this Project, if any, are subject to protest by the applicant at the time of approval or conditional approval of the Project or within 90 days after the date of the imposition of the fees, dedications, reservations, or exactions imposed on the Project. 9. All conditions of approval for VAR No. 2013 -01, VAR No. 2013 -02 and VAR No. 2013- 03 are hereby incorporated by reference. PLANNING DIVISION IO.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, Los Angeles County Health and Safety Code, and all other City Departments. 11. Any proposed subsequent modification of the subject site, land use, or structures, sha!I be first reported to the Planning Division for review. 12. No certificates of occupancy shall be issued prior to recordation of the final tract map approved by the City of Lynwood. 13. A cover sheet of approved conditions must be printed on the plans prior to submission to the Building and Safety Division. 14.A written request for a new address and associated fee shall be submitted to the Planning Division prior to Building Plan Check. 15.Address numbers shall be maintained at all times. Such address numbers shall be subject to approval of the Los Angeles County Fire Department. 16.The property owner shall maintain a pro - active approach to the elimination of graffiti from the structures, fences and accessory buildings, on a daily basis. Graffiti shall be removed within twenty -four (24) hours. BUILDING AND SAFETY DIVISION 17. All construction shall meet or exceed the minimum building standards that are referenced in the following codes. F11 The California Building Code - 2013 edition; The California Plumbing Code - 2013 edition; The California Mechanical Code - 2013 edition The Los Angeles County Fire Code — 2013 edition; The National Electrical Code — 2013 edition; All as amended by the California Building Code of 2013. 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. 13. Prior to obtaining a final approval from the Building Division, applicant or proper-;, owner shall obtain final signatures from other departments (i.e. Fire Department, Planning, and Public Works /Engineer Department). 19. Applicant /property owner must provide a copy of permit card signed by all other departments prior to scheduling a final inspection. PUBLIC WORKS/ ENGINEERING DEPARTMENT 20.The applicant shall comply with all code requirements and conditions set forth by the Public Works Department. Please contact the Public Works Department at (310) 60.3- 0220 x 287. Final approvals from the Department must be obtained prior to obtaining project final inspection from the Development Services Department. 21. No final sign off shall be given until all conditions of approval from the Public Works Department have been completed. 22.The applicant must comply with Storm Water Requirements during construction. LOS ANGELES COUNTY FIRE DEPARTMENT 23.Two (2) architectural set of plans shall be submitted and stamped by the Fire Department. Approved Fire Department plans shall be attached to full set before submitting to plan check. 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, or contact them at (323) 890 -4243. Final approvals 5 from the Los Angeles County Fire Department must be obtained prior to issuance of any building permits. Section. 3. A copy of Resolution 3331 and its conditions shall be delivered to the applicant. APPROVED AND ADOPTED this 14th day of January, 2 014, by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO CONTENT: Jonathan Colin, Director Development Services Department V Kenneth West, Chair Lynwood Planning Commission APPROVED AS TO FORM: Pam Lee, City Attorney Planning Commission Counsel ITEM # 10 REQUEST FOR: Planning Commission Action PLANNING COMMISSION MEETING DATE. January 14, 2014 TITLE: RESOLUTION NO. 3332: TO MODIFY EMST:NG CONDITIONAL USE PERMIT NO. 85'101 TO EXPAND AN EXISTING TYPE 20 ALCOHOLIC BEVERAGE CONTROL (.ABC) LICENSE FOR THE OFF -SITE SALE OF BEER AND WINE FINE R ESTRiCTIONS THAT LIMIT SALE HOURS OF OPERATION FROM NIIlDN ;UHT TO 2:00 A.M. ON A DAILY 6ASIS, THE PROPERTY IS LOCATED AT 11400 ATLANTIC AVENUE, FURTHER DESCR!SED AS ASSESSOR PARCEL NUMBER 6189 -037 -032, IN THE C -3 (HEENN Y COMMERCIAL) ZONE. Prepared by Karen Fiquueredo PROPOSAL: PLANNING DIVISION STAFF: APPROVED 7 As Recommended G As Amended Set Public !-fearing For DENIED Applicant's Request CONTINUED TO Development Services Director The applicant, 7- Eleven, is requesting approval of Conditional Use Permit (CUP) No. 85101 Modification to modify the approval of a Type 20 Alcoholic Beverage Control (ABC) License for the off - premise sale of beer and wine at a convenience store located at 11400 Atlantic Avenue (Property). The modification request consists of extending the time restriction that limits alcohol sales for an additional two (2) hours from 7:00 a.m. —12:00 a.m. to 7:00 a.m. — 2:00 a.m. on a daily basis. RECOMMENDATION Staff recommends that the Planning Commission direct staff on one of the two proposed options listed below: Option No. 1- Adopt: • Resolution No. 3332, approving CUP No. 85101 Modification as conditioned. Option No. 2- Deny: • Direct staff to prepare a resolution for the denial of CUP No. 85101 Modification. BACKGROUND The Property is located on the east side of Atlantic Avenue between Martin Luther King Jr. Boulevard and Walnut Avenue within the Heavy Commercial (C -3) zone and has a General Plan designation of Commercial. The lot area is approximately 17,500 sq. ft., and the Property is improved with an existing 6,700. sq. ft. commercial center. The building is currently divided into the four suites consisting of an existing 2,554 sq. ft. convenience store (7- Eleven), 2,386 sq. ft. laundry mart, 1,318 sq. ft. insurance office, and 910 sq. ft. donut shop. On February 11, 1986 the Lynwood Planning Commission approved Resolution No. 1096 approving the sale of alcoholic beverages limited to beer and wine under CUP No. 85101 at a package liquor /convenience store. Currently, one of the conditions of the CUP limits the sale of alcoholic beverages from 7:00 a.m. to 12:00 a.m. (midnight) on a daily basis. The applicant is requesting to modify the time restriction on the sale of alcoholic beverages to extend the hours from 7:00 a.m. to 2:00 a.m. on a daily basis. ANALYSIS & DISCUSSION Appendix A of the Lynwood Municipal Code (LMC) conditionally allows for the off -site sale of alcoholic beverages within any store that is not a supermarket or a drugstore and which is located within the Heavy Commercial (C -3) zone. The subject property is a convenience store (7- Eleven) and is located within the C -3 zone; therefore the applicant is eligible to obtain the required CUP in order to sell alcoholic beverages from this location. The existing off -site sale of alcoholic beverages at this location is considered incidental as the total proposed alcohol display, and the storage area is approximately 2 % of the gross floor area of the establishment (Exhibit No. 1). The applicant currently operates 24- hours, seven days a week. To ensure the business operates as a convenience store, as well as to minimize the potential impacts associated with extended alcoholic beverage sales, the Development Services Department is recommending conditional approval of the modification. The proposed conditions are intended to mitigate any concerns that may negatively affect the adjacent neighborhood and surrounding area. As a condition of approval, the applicant(s) shall install locking mechanisms on refrigeration units which will remain locked between the hours of 2:00 a.m. and 01 7:00 a.m.; the applicant will not be able to sell single cans of alcohol, and must place a placard prohibiting loitering, no on premises consumption is allowed, and the property shall be maintain free of litter and graffiti. REQUIRED FINDINGS Lynwood Municipal Code Section 25 -130 -050 sets forth five 15 j findings the Planning Lormrnission must make In or ler to approve a conditional use permit or modification thereof. The following is a summary of findings, followed by staff de -erminations: A. That the proposed madihcation to the Conditional Use is consistent with the General Plan; The General P;an Land Use Nl.ap designation is commercial, and retail estailli °:I; r -nents are per -mitted uise:s in ail corri martial zones. retail st^re3 and ancillary uses such as cff-- premise beer and ovine licensas a ? -u ondit onaliy P,-- mnI'#ed uses `v -A,hin Cornme cial zones. The applicant is reques7-Ing to modify an existing Type 20 Alcoholic Severage Contr.)l (ABC*' 'i>ense to expand sale hours for aicoholic beverages. The existing (:(;nve,-Je,nce store is a use 'hat is cons istent ''with the City's General Plan. Goal W -2 of the Gleneral Plan encourages land use planning that accomrnadates the City's seeds for goods and services. A cor ver ien e stage iNii +i1 an ancillary alcohol license provides a shopping service to the vas dG-ts and businesses of Lynwood. S. That the nature, condition, and development of adjacent uses, bix*ld ngs, and structures have been considered, and that the modified use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures; The proposed extension of time for the alcohol sales will provide an ancillary service and thereby benefit the community by offering and additional service. The proposed modification of the existing Type 20 ABC license will not be detrimental to persons residing or working in the area as a result of the placement of conditions of approval on Conditional Use Permit No. 85101 Modification to mitigate any potential adverse impacts created by the use. The sale of products at this retail establishment is targeted toward families, business professionals and the community in general not typically associated with loitering or public intoxication and the Conditions of Approval will limit loitering on the site. C. That the site for the proposed modification to the conditional use is of adequate size and shape to accommodate the use and buildings proposed; The Property and building for the convenience store are adequate in size and shape to accommodate the existing conditionally permitted use. The site is approximately 17,500 sq. ft. in area and the existing business unit is 3 2,554 sq. ft. with no expansion of building size. The applicant is simply requesting an extension of time for the sale of alcoholic beverages and will not increase or expand in total storage area for alcoholic beverages, which currently is 2% of gross floor area. D. That the proposed modification to the conditional use complies with all applicable development standards of the zoning district; The Applicant's request for an extension of sale hours for a Type 20 ABC License complies with all applicable standards of the C -3 (Heavy Commercial) zone. The Zoning Code does not have a limit for the timeframe for the sale of alcoholic beverages within the Heavy Commercial zone; as such the timeframe for the sale of alcoholic beverages is within the discretion of the decision - making body. The applicant is not expanding the floor size of the market and will be making facade improvements to the Property, which will be in compliance with all applicable development standards, as provided in the Conditions of Approval. E. That the proposed modification to the conditional use observes the spirit and intent of this Zoning Code. The off - premise sale of beer and wine is an ancillary use to a permitted retail and service establishment. The existing conditional use observes the spirit of Policy LU -2.1 of the City's General Plan, in which the Applicant's request for a Type 20 ABC license provides additional general merchandising and retail services. The request modification will allow the applicant to extend beer and wine sales to 2:00 a.m. Based upon analysis of the project and its compatibility with the City's General Plan and applicable development standards, the Planning Commission may approve Resolution No. 3332, approving CUP No. 85101 Modification, or direct staff to prepare a resolution for the denial of CUP No. 85101 Modification. ENVIRONMENTAL ASSESSMENT The Development Services Department has determined that the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) because the project involves negligible or no expansion of an existing use. Project Profile Location Map Exhibit No. 1- Floor Plan Resolution No. 1096 Resolution No. 3332 4 PROJECT PROFILE Conditional Use Permit No. 85101 MOD 11400 Atlantic Avenue APN: 6189- 037 -032 Source and Auti ;flr+y The findings required in orc!er to make a Conditional Use Peom;t determination are located in Chapter 25 of The Lynwood Municipal Code within Articie 130. 2. Pro�.erty, Location and Size T:ie subject property is approximately 17,51'.10 sq. ft. and the existing 'building is 6,700 sq. ft. in area. 3. Existing Lard Uses Sate_ Developed North: Commercial South. Corarnercial West: Ccrrrnercii�l East: Residential; 4. Land Use Qgej nation The subject parcel has a General 'Plan designation of Commercial, which is consistent With Heavy Commercial (C-3) zone. The ad;acert properties General Plan and Zoning designations are as foiiows: Site General Plan Zonin North: Heavy Commercial C -3 South: Heavy Commercial C -3 West: Heavy Commercial C -3 East: Town House Cluster R -2 5. Site Plan Review The Site Plan Review Committee has reviewed and approved the project. 6. Code Enforcement History None on record at the time of this report. 7. Public Response None on record at the time of this report. 5 LOCATION MAP ADDRESS: 11400 Atlantic Avenue CASE NO.: Conditional Use Permit No. 85101 MOD APPLICANT: Soung Monh APN (S): 6189 - 037 -032 C1 - --- Baart Q, - T tar Kids `- `J cloEhi.,ng sy 7 7 iii- i`. .c 1 /nveond MAX Dental rirl a ,... # .. - A.0 Peoples First ?. usembly 7- Eleven r Cabling "b'f- -. r Systems tit Rapit! �+. Lucy's Deli cr r � ADDRESS: 11400 Atlantic Avenue CASE NO.: Conditional Use Permit No. 85101 MOD APPLICANT: Soung Monh APN (S): 6189 - 037 -032 C1 I I - - - - 8 MARTIN LUTHER KING JR. BLVD. 1 (�) 5VP. T SIGNAL (E) LAN05CAPE 1T -0" PLANTER I (E) SIGN ( E) ACCE55 RAMP (E) 5117E WALK I (E) LAN175CAPE (E) RAMP / PLANTER (E) STIEEET �- (E) f3aLAM (TYP) 51GNAL (E) FIRE rn 5N hroP.ANr � 15' -10' I .. (E) PAMING UGNTS (E) AL PM19 � 20 MKING >- (E) SAPINC4 LLI LANI75CAPING � ' 'c° ( Tyr) 100' I LLJ Q U t! AIIJACEN 4 fl N LAUNJpY — (E) RAMP 2.386 SG .I 1. � 0 (E) POWER F (E) NEWS o (E) rRASri PAPER SrFNJDS (E) STfEr 10' -2" i -- LrAK ( Tyr) �XI51NG �XI5TING AC7JACENT, i . VJAaNT (E rpMsFORw DONUT SNOT i VACCAN1 M TAIL c E> PN?KING 910 5a,Fr: 1,318 SQ,Ft. sr � <E) C.L. PENCE I � o I I I EXISTING I I APJACENT 511?UCTUI� i – – – FLOOR PLAN SCALE: 1/4'=I'-O' RESOLUTION NO. 1096 OF THE PLANNING C014MISSION OF THE CITY OF LYNWOOD APPROVING A CONDITIONAL USE PERMIT TO ALLOW A PACKAGED LIQUOR STORE AT 11400 ATLANTIC AVENUE; LYNWOOD, IN THE C -3 (HEAVY) COMMERCIAL) ZONE 85101 WH'r" -VAS, the Planning Commission, pursuant to law, conducted a publi.;_ hearing pertaining to the establishment of a packaged liquor store at the above address; WHL'P-PAS, the Site Pi -an .Review Committee has reviewed the plans submitted, performed the necessary investigations and prepared a written report requesting approval of this application subject to conditions; WHEREAS, it has been determined that the proposal is exempt from the provisions of the Stace CEQA Guidelines, as amended; wBEREAS, the site is located in the C -3 (Heavy Commercial) zone, and packaged iiquor afore is permitted in the C -3 zone, subject to the granting of a Conditional Use Permit. SECTION 1. the Plaani.ng Commission of the C:Lty of Lynwood DOES H :&REBY RESOLVE that said proposed amendment should be adopted for the follrsviag reasons acd findings: A. The proposed development is consistent with the adopted Ceneral Plan, in that the General Plan desio acion for the site is Commercial, and the proposal will not adversely affect :adjacent property or create a nuisance to surrounding properties. B. The proposed development will be of an archite. :cural a_d visual quality and character which will harmonize with and enhance the surrounding aria. C. The proposed development will not interfere with the movement of pedestrian traffic along the commercial street. D. The proposal will not contribute to undue proliferation of such uses in the area or interfere with, or endanger the public health, safety or welfare. E. No packaged liquor store is located within three - hundred (300') feet of the proposed use. F. The site will be served by streets adequate in width - and-improved as necessary to carry the kind and quantity of traffic such use will generate. G. The site will be developed pursuant to the current zoning regulations and plans submitted and approved by the Site Plan Review Committee. SECTION 2. The Planning Commission of the City of Lynwood, based upon the aforementioned findings and.determinations, hereby approves Conditional Use Permit No. 85;101, provided the following conditions are observed and complied with at all times: A. All conditions of the Site Plan Review Committee shall remain in full force and effect. (Exhibit A) B. Sales of alcoholic beverages shall be limited to beer and wine. C. "Sophisticate" magazines shall be located for sale only behind the counter and shall be stored in racks covered by modesty panels. D• No building height shall exceed six (6) stories or 15 feet, whichever is 'less. E. No motor vehicle fuels shall be sold in conjunction with the alcoholic beverage sales. APPROVED AND ADOPTED this 11th day February, 1986, by members of the Planning Commission voting as follows: AYES: Commissioners Dove, Prypr, Raymond, Reid, - Robbins _----- __.__ -- -- --_ —.__ . NOES: _Chaiiperson_Kanka. ABSENT: Lucil1le Kanka, Chairperson APPROVED AS TO CONTENT: APPROVED AS TO FORM: / n Vicente L. Mas, Acting Director Community Development Department, L_"is G. Feldma General Counsel STATEMENT OF ACCEPTANCE All conditions and provisions of the foregoing Conditional Use Permit and Resolution No. 1096 are hereby accepted by the undersigned applicant, who expressly agrees to perform and be bound by each condition thereof. DATE SIGNATURE PRINT NAME 85101 RECEIVED FES 21 M6 STATEMENT -OF ACCEPTANCE CM OF LYNW000 COMM. DEV. DEPT, All conditions and provisions of the foregoing Conditions Of Approval and Resolution No. i096 , are hereby accepted by the undersigned applicant, who expressly agrees to perform and be bound by each condition thereof. DATA 1-0 14 - -Ie!� g Ifa t. a r a CASE NO. 351.01 Print Name RESOLUTION CVO. 3332 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LXNWOO D APPS OVrNG CONDIT OVAL USE PERMIT NO. 85101 MODIFICATION EXTEN®:ING THE SALE HOURS 09F A TYPE 20 ALCOsHOLIC BEVERAGE rONTROL (OFF-PREMISE BEER & WINE) LICENSE FROM 7 :00 A.M. — 12;00 A.M. TO 7.001 A.M. - 2 :00 A.M. WITHIN AN EXISTING CONVENIENCE STORE (7- ELEVEN) LOCATED AT 11400 ATLANTIC AVENUE ASSESOsR PARCEL NUMBER 6189 - 037 -032, IN THE C -3 (HEAVY COMMERCIAL) ZONE, CITY OF LYPONOO D, COUNTY Of LOS ANGELES, S'A'TE OF CALIFORNIA. WHEREAS, on FebrUary 11, 1.986 the Lynwood Planning Commission approver, Reso lull- on Nip. 10016) a Type 20 Alcoholic Sewerage Control (ABC) License f::r t; e cff- pre.r :ise _sae L f I;eyr and °,vine under Cond"Honal Use: Permit (CUP) No. 85101 at a pac!-%,age liquor /Con-venience store lccared alt 11400 A lantic Avenue (Propertyi) specificaily at an existing 2,S54 sq. ft. rrinven once store (7 -- Eleven); and V,:,' -iEREAS, the Property is located within the. Heavy Commercial (C-3") zone, vrI rich alioyvs for the off- premise sale of alcoholic beverages in any store other than a supermarket or drugstore, subject to the granting of a Conditional Use Permit; and WHEREAS, the existing off- premise sale of alcoholic beverages at the Property is considered incidental, as the total proposed alcohol display, and the storage area is approximately 2 % of the gross floor area of the establishment; and WHEREAS, the applicant, 7- Eleven, is requesting approval of CUP No. 85101 Modification (Application) to extend the time restriction that limits alcohol sales at the Property for an additional two (2) hours from 7:00 a.m. - 12:00 a.m. to 7:00 a.m. - 2:00 a.m. on a daily basis (Project); and WHEREAS, the Lynwood Planning Commission, pursuant to law, on January 14, 2014, conducted a public hearing to consider the Application for the CUP Modification; and WHEREAS, the Lynwood_ Planning Commission_ has carefully__considered all oral and written testimony offered at the public hearing; and WHEREAS, the Property is consistent with the City's General Plan in that the Property is designated "Commercial" on the General Plan Map; and WHEREAS, the Development Services Department has determined that the proposed Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) because the Project involves negligible or no expansion of an existing use. Section 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals above are true and correct. Section 2. Based upon substantial evidence presented to this Planning Commission during the public hearing conducted with regard to the application, including written staff reports, verbal testimony, site and floor plans, and Conditions of Approval, and pursuant to Lynwood Municipal Code Section 25- 130.050, this Planning Commission hereby finds and determines as follows: A. That the proposed Conditional Use is consistent with the General Plan; The General Plan Land Use Map designation is commercial and retail establishments are permitted uses in all commercial zones. Retail stores and ancillary uses such as off- premise beer and wine licenses are conditionally permitted uses within, Commercial zones. The applicant is requesting to modify an existing Type 20 Alcoholic Beverage Control (ABC) license to expand sale hours for alcoholic_ beverages. The existing convenience store is a use that is consistent with the City's General Plan. Goal LU -2 of the General Plan encourages land use planning that accommodates the City's needs for goods and services. A convenience Store with an ancillary alcohol license provides a shopping service to the residents and businesses of Lynwood. B. That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures; The proposed extension of time for the alcohol sales will provide an ancillary service and thereby benefit the community by offering and additional service. The proposed modification of the existing Type 20 ABC license will not be detrimental to persons residing or working in the area as a result of the placement of conditions of approval on Conditional Use Permit No. 85101 Modification to mitigate any potential adverse impacts created by the use. The sale of products at this retail establishment is targeted toward families, business professionals and the community in general not typically associated with loitering or public intoxication and the Conditions of Approval will limit loitering on the site. C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; The Property and building for the convenience stare are adequate in size and share to accommodate the existing conditionally permitted use. The site is approximately 17,500 sq. ft. in area and the existing business unit is 2,554 sq. `t. with no expansion of building size. The applicant is simply requesting an extension of time for the sale of aicoholi;; beverages and will not increase or expand in total storage area for alcohoiic beverages, which currently is 29/0 of gross floor area. D. That the proposed conditional use conipiies with all appilc able deveilopment standards of the zoning district; 1 -he Applicant's request for an extension of sale hours for a Type 20 iipc ' ioen =e, co�nf;iies with all applicable standards of the ;: -3 {Heavy Commercia) _ ne. The 2ening Code does not have a limit for the tirrieframe for the sale of aicoho lc beverages within the Heavy Commercial zone; as such the tin?efrarrie for the sale of al :oholic beverages is within the discretion of the decision - making body. The applicant is not expanding the four site of the nnarlcet and will be making Facade improvements to the Property, which will be in compliance with all appiicab,!e development standards, as provided in the Conditions of Approval. F. That the proposed conditional use observes the spirit and intent of this Zoning Code. The off - premise sale of beer and wine is an ancillary use to a permitted retail and service establishment. The existing conditional use observes the spirit of Policy LU -2.1 of the City's General Plan, in which the Applicant's request for a Type 20 ABC license provides additional general merchandising and retail services. The request modification will allow the applicant to extend beer and_ wine sales to 2:00 a.m. Section 3. The Planning Commission of the City of Lynwood hereby approves CUP No. 85101 Modification, subject to all conditions, restrictions and limitations set forth as follows. CONDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT 1. The Project shall comply with all regulations of the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code, other City Departments and applicable State and Federal regulations. 3 2. Any subsequent modification of the Property or structures thereon shall be first reported to the Development Services Department, Planning Division, for review. 3. The applicant shall sign a Statement of Acceptance stating that they have read, understand, and agree to all conditions of this approval prior to issuance of any building permits. 4. The Conditional Use Permit approval shalt lapse and become void one (1) year from the date (January 14, 2015) of this document unless all conditions of said permit are met and a building permit is issued or substantial progress has been made toward establishing this use. 5. All appeals must be brought within ten (10) wonting days of the date of the final action by the Development Services Director, or Site Plan (Review Committee. An appeal will be scheduled for public ,hearing before the Lynwood Planning Commission. Persons filing the appeal must submit application and pay a fee of $1,154.62. 6. 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. 7. In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedications, reservations, or exactions for this Project, if any, are subject to protest by the applicant at the time of approval or conditional approval of the Project or within 90 days after the date of the imposition of the fees, dedications, reservations, or exactions imposed on the Project. PLANNING DIVISI ®N 8. Any - amendment- to this- Conditional- Use - Permit, with - regards to -hours - of--- - operation and the sale and storage area of alcoholic beverages within the premises must be submitted to the Planning Division and Sherriff's Department for review. 4 9. The applicant shall comply with Site Plan Review approval of submitted plans, which include: • Paint or pressures wash exterior fagade of building shopping center. Repaint existing pole sign. Remove unperrnitted banners and cardboard signs attached to existing pole sign, faSade, light poles and landscape. Re-stripe parking lot. Enhance landscaping throughout the Property. 10. The sale of alcoholic beverages shall be permitted only between the 1"ours of 7:00 a.m. and 2 :00 a.m., seven days a week. 11. The appliCant(s) shall install locking mechanisms on refrigeration units, 'where alcohol related products will be stored and which shall remain locked between the hours of 2:00 a.rn. and 7:00 a.m., seven days a meek.. 12. No single can sales of alcohol shall be permitted. The sales of beer or n Oa t beverages in quantities of quarts, 22 oz., 32 oz., 40 oz., or similar size co;nitainers are prohibited. No beer or malt beverages shall be sold in awantities of 1,3 ss than six per sale. 13. The applicants) shah ;Post a placard prohibiting loitering, pursuant to Califcrnia Penal Code ( "CPC section 602, on the exterior of the premises. 14. The sale of alcoholic beverages for consumption on the premises is stric.ly prohibited. 15. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 16. It shall be the applicant(s) responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant(s). 17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 18. The applicant(s) shall be responsible for maintaining the premises free of graffiti. 19. This land use authorization is only for a Type 20 (off -site sale, beer and wine) any other license use at this location will require a new land use clearance. 5 20. Window displays and racks must be kept to a maximum height of three feet including merchandise. 21. Window displays must be kept to a minimum to allow for maximum visibility and shall not exceed 25 percent of window coverage. 22. The applicant(s) shall fully comply with ail other conditions of approval contained in CUP No. 85101 that are not in conflict with this CUP No. 85101 Modification. LOS ANGELES COUNTY FIRE DEPARTMENT 23. The Applicant shall comply with all code requirements and conditions set forth by the Los Angeles County Fire Department, Fire Prevention !Division, :823 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 Development Services Department has determined that proposed Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Faciiities) because the Project involves negligible or no expansion of an existing use. Section 5. A copy of Resolution No. 3332 and its conditions shall be delivered to the Applicant. APPROVED AND ADOPTED this 14Th day of January 2014, by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: r1 Kenneth West, Chair Lynwood Planning Commission Jonathan Colin, Director Pam wee, Agency Attornev Development Services Department planning Commission Counsel