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HomeMy Public PortalAboutA 2014-02-11 PLANNING COMMISSIONw. City Ctr LYNWOOD 4�1 K.fT :A Ctty vUeettlg CIa2¢ea9es 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 603-0220 AGENDA LYNWOOD PLANNING COMMISSION AND PARKING & BUSINESS IMPROVEMENT DISTRICT BOARD COUNCIL CHAMBERS RECEIVED 11330 BULLIS ROAD LYNWOOD, CA 90262 February 11, 2014 6:00 P.M. PLANNING COMMISSIONERS FEB 0 6 2014 OF LYNWOOD iry CLERKS OFFICE U Marvin Aceves Elizabeth Battle Alex Landeros Vice -Chair Commissioner Commissioner Kenneth West Bill Younger Chair Commissioner COMMISSION COUNSEL David A. Garcia, City Attorney Tafoya & Garcia LLP STAFF Jonathan Colin, Rita Manibusan Karen Figueredo, Director Manager Planning Associate I Octavio Silva Planning Associate OPENING CEREMONIES 1. Call meeting to order. 2. -lag Saiute. �. Rol; fall �%� t.':;m rni -sii tiers. =f. Peol':icni.Zation. Ce�llilcalItJF: ?.`( niieni�3 Posting. of Pi,, ning L cn'i Ci"iI a1Dr1 i`iP, rtii',g: - 'Iw%i�sry 14i 2014 in all i_'ers-ns, i l :sh.ing to on : —v t rn L.ri. ii-d ^•rnml5sion gar :da ft.+:.. �i�f.I'RJ Gil i:=:i� JLti -C•r �. -:i '_I Cam. ii:_'_I ;� ;IC)'riF ir,'i�: truth and n odhing !)�:t e truth. PUB-I-X ORALS 8. A,- lags ;i; ^ °, :dov '.l ?_n'.ber of the rl.l;; +itC may coil m�ient on any issue within t ;? i;r i=t -, -•l� ; , +� t ,+a ^lit that is na, on •1gnnUp— fl'iewi ors of the public ?Tay also cornment at this time on any Agenda It_•n! that is it r sched +.:led ror a pLihlic hearing. to preserve continuity, tile ?I,7nning Co'nmisslof, :_n ?Ir ma.r, at his /her discretion, request members of the public wishing to comment on Agenda Items for which public hearings are not scheduled to hold their comments until just prior to the Commission's discussion of the Agenda Item in question. CONTINUED REGULAR AGENDA (Public Hearing) 9. Conditional Use Permit No. 85101 Modification Applicant: Soung Monh 11400 Atlantic Avenue 6189 - 037 -032 2 Proposal 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 limit sale hours of operation to midnight. The applicant is requesting to extend the sale hours to 2:00 a.m. on a daily basis within an existing convenience store (7- Eleven) located at 11400 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. i - Adopt: Resolution No. 3332, approving CUP No. 85101 Modification as conditioned. Option No. 2- Deny: s Direct staff to prepare a resolution for the denial of CUP No. 85101 Modification. NEW REGULAR AGENDA (Public Hearing). 1o. Conditional Use Permit No. 2012 -04 Modification Applicant: Ofelia Franco 10700 Alameda Avenue APN:6170- 002 -045 Proposal The applicant is requesting approval of Conditional Use Permit (CUP) No. 2012 -04 Modification, to expand a Type 47 Alcoholic Beverage Control (ABC) License for the off - premise sale of beer and wine. The modification request consists of extending the time restriction that limits alcohol sales, and hours of operations for the restaurant and banquet hall, parking lot configuration and the reconfiguration of the banquet hall and restaurant on property located at 10700 Alameda 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: 3 -- -_._ . Resolution -No. 3328, approving CUP No.- 2012 -04 Modification as- conditioned.-- - - -" Option No. 2- Deny: O Direct staff to prepare a resolution for the denial of CUP No. 2012 -04 Modification. init 7,40. 201.3-o"17 &_1_PJ_ica_'s_: 310 Auto 1901 lrn vial 9;iy ':vay APh.: 5170 -010 -04 f2a� "f� i ht , ap 3 i -_ —ant, 310 Autp: is (=.'.C.; iJ Sit!? j acprov'c! c' Cond'ti`7nal Use Permit (t^i iP) T -j:;i, 2013 -. r.7 tci o!l !i a used (Pr;)i'e� ct) , on the prop erty iOCst d at 2.;3. 01 4�..,. . y$�LII 1•4A.(flf l x-1'.1 (�.i1 •'t'! �. .tafY re;;- men, !Ii t tl'li? Y'.aannin ?i Item # 6 LYNWOOD PLANNING COMMISSION REGULAR MEETING January 14, 2014 Item #1- Call Meeti�na to Order Chair West called the meeting to order at 6:00 p.m. Item #2- Flag Salute Commissioner Younger led the fag salute. Item #3- Roll Call of Cnmrtnssioners Deve'opment Services Director Colin called roll. Commissioner Battle, Aceves, Younger, and Chair West were present. Also present were Development Services Director Colin, Development Services Manager Manibusan,, Planning Associate Silva, Planning Associate rigueredo and Cormission Counsel Brandon Ward. Item 4-Certification of AC nda Pos? i Chair West asked if the Agenda had been duly posted and Development Services Director Colin indicated that the Agenda was in fact duly posted. Item #S- Minutes It was moved by Commissioner Aceves, seconded by Commissioner Younger and carried to approve the minutes of the Planning Commission Meeting of December 10, 2013. Commissioner Landeros arrived at 6:05 p.m. Item #6. SWEARING IN SPEAKERS Commission Counsel Ward, swore in members of the audience. Item # 7- Public Orals NONE I NEW REGULAR AGENDA (Public Hearings) Item #9, Tentative Tract May No. 2013 -01 Applicant: Javier Barajas 11729 -11739 Thorson Avenue APN: 6174 -008 -901 Director of Development Services Colin introduced the item to the Commission and provided infonration from the staff report. The applicant, Javier Barajas is requesting approval of Tentative Tract Map (17M) No. 2013 -01 to divide the land in order to create six (6) parcels for single family residences on properties located at 11729 -11739 Thorson Avenue in the R -1 (Single Family Residential) -one. Staff recommends that the Planning Commission adopt the attached resolution recorm-nending approval of the Tract Map. Commissioner Aceves questioned whether or not the private driveway becomes an easement. Development Services Director Colin, confirmed the easement requirement and advised the Commission that the appfcant wouid be responsible for the recording. Having no farther discussion, Chair West opened the public hearing. Hearing no disCussion, Chair West Ciosed the public hearing. It was then moved by Commissioner Aceves, seconded by Commissioner Younger to adopt: RESOLUTION NO. 3331 ENTITLED: 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 SIX (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. ROLL CALL: AYES: COMMISSIONER ACEVES, BATTLE, LANDEROS, YOUNGER, WEST NOES: NONE ABSENT: NONE 2 Item #10, Conditional Use Permit No. 84101 Modification Applicant: Soung Monh 11400 Atlantic Avenue 6189- 037 -032 Development Services Director Colin introduced the item to the Commission. The applicant, i',ir. Monh, 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 limit sale hours of operation to midnight. The applicant is requesting to extend the sale hours to 2:00 a.m. on a daily basis within an existing convenience store (7- Eleven) located at 11400 Atlantic Avenue, In the C -3 (Heavy Commercia :) zone. Staff recommends that the Planning Commission continue this i em in order to allow the applicant to meet with staff on the Conditions of Approval. Commissioner Younger questioned the sale hours of sinnilar businesses throughout the City. Developmmnent Services Director Coin stated that the request %,vould provide the business owner With similar conditions as similar establishments in the city. Chairman West questioned the City's discretion on this type of request. Commissioner Younger also questioned t, "e limits that the City could impose. it was then moved by Commissioner Younger, seconded by Commissioner Aceves and carried i:o continue the item to the next reguiar scheduled meeting. DISCUSSION ITEMS None COMMISSION ORALS Commissioner Younger questioned the seating attorney. Commissioner Aceves discussed the intersection of Waldorf & Carlin, and it's inclusion in the Bicycle and Pedestrian Plan. Also discussed the increase of unpermitted vendors around the schools, and an unpermitted carnival act at the intersection of Long Beach Blvd. and Imperial Highway. Commissioner Landeros left at 6:28 p.m. 3 Commissioner Younger questioned residents practicing automotive repair as a home occupation. Chairman West discussed a food cart on Pendleton Avenue and Atlantic Avenue. Development Services Director Colin introduced Commissioner -elect Casanova, discussed the progress with the Civic Center Comprehensive Plan and an upcoming workshop. Planning Associate Silva discussed the Civic Center Plan and the upcoming workshop. ADJOURNMPNIT Having no fur,h,er discussion, it was moved by Commissioner Younger, seconded by Vice Chair Aceves and carried to adjourn at 6:35 p.m. APPROVED AS TO CONTENT: Jonathan Colin, Director Development Services 4 Kenneth West, Chair Lynwood Planning Commission APPROVED AS TO FORM: David Tafoya, City Attorney Planning Commission Counsel REQUEST FOR: Planning Commission Action Item # 9 PLANNINI!G COMWS ION MEETING - - - -- - -- DATE: PLANNING DIV!SION STAFF: February 11, 2014 APPROVED TITLE: ❑ Aa RESOLUTION NO. 3332: TO IV!OD!FY Reccmmended EXISTING CONDITIONAL USE PER%41T ❑ As Amended NO. 851,31 TC EXPAND AN EXIS T!NG ❑ Set Public TYP c 20 ALCOH(DLIC BEVERAGE Hearing For CONTROL (A3C•) LiCENS`E —1-013 T E DENIED C)hF- ITi: SALE OF 8'"'E' AND VI)INE �.4ppPcanYs Reque;r iP.rlc t?.E8 TR1CTl0,NS THAT LI%dIT SALE H-0rURF! OF OPERATION FRnM P,MDNfGHF TO 2:00 l A1. ON A DAILY BASIS. THE PRCREPTY IS !..00ATED +T 11=;0'0 A-rL= -,iNTC AVENI,;E, FURTHER DESUn'-'!SE:D AS' AS;iESS0P PArr"EL Nil:,tlt_ER (`169 -037 -032, !N1 THE C -3 �HEH I � r -.n h i, ,<<�,1', :OP1.P�1ERi;lr''�! -� r_..�i.. -. O ,. C NT ��JUED TO _ P rao.ired by i` i en Figueredo -- - -- DeVeloprnenI Services DIGS' for PROPOSAL: 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. On January 14, 2013 the applicant requested the item to be continued to the next Planning Commission meeting. 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 beveraoe 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 7:00 a.m.; the applicant will not be able to sell single cans of alcohol, and must p!.ace a placard prohibiting loitering; no on premises consumption is allowed, and the property shat; be maintain free of litter and graffiti. Pf- EQUIPED FINDINGS Lytivvood Municipal Code Section 25- 130 -050 sets forth five (5) findings the Planning Commission must make in order to approve a conditional use permit or mortification thereof. The following is a summary of findings, foiiowed by staff detanninations: A. That the ;oropossd modification to the Conditional Use is consistent The Generyl Pian Land Use Map rles:gr ration is commercial, and retail establish nents ar=^ perrniti.ed uses In 311 `x);- 'r- ne-cio- o js ^ %ail .lor -„ erd anci!'ary uses Sucn aS off - premise beer and '-Vine livens are condi_ion ;il permitted ,_rs 4 within Cornmercial zones. The applicant' is :4Ue;itin t;.-. t':iodify an exis 'n g 7/ v e 2v A' c ho!ic S i raga "Ont Ji ,ABC) I!�a!7 ':U cxpaiid salc- hours iQr alcohol:- beve.ragas. I e c,'iSling t.-On enien.ce siUre is a US <; that is consistent vvith the Citys Gene :n�! PIa,�,. Goai L.t1._2 of 'he General P!an encourages land Ilse piertnin +g ihat uCCU!Il!';tOd %ate5 the Clt�j•�ii n °�.C.l$ 'iU," goods and g5r`liCr'j. A CCi:'le:iil-'.nGt? sti:!e `:iith an ancillary alcohol iicanse provides a shopping service t0 the r es!dant3 and buslinessas of B. That the nature, ccndition, and development of adjacent uses, buildings, and structures have been considered, and .hat the modified use will not advsrsely 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; 3 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 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 1. Source and Authorit The findings r'aquired in order to male a Conditional Use Permit determination are located in Chapter 25 of The Lynwood Muni•;ipal Lode within Article 130. 2. t LgLperty, Loca'ion and Size The subject prope�?y is approjxirna ely 17,500 sq. ft. and tha existing buildng is 6;700 sq. ft. in area. Xi''ii'1 I •tin t.'SeS SitTe ........... Deyelc:� C-3 . Coma ?erci�d South: Commercial ,Mast: Co;rm.erciai E, a st: Residential: 4. Land Use DeSiorlation T'4e subjant parcel [has a =Several Pian designation of C�Ctrmarciai, is con>istent with Heavy Commercial (G3) zone. The ad;'acent prol_e;iies Gener:11 Plan and Zoning designations are as follows: Site General P!an Zonlnq 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 Baart . may. -iq- Star Kids - [7 - Clothing 7 MAX Den tai p All Peoples -' First Assembly r � $ NetworK Cabiing Systams 2c, -,I v e C0'11�0d St ADDRESS: CASE NO.: APPLICANT: APN (S): Fapid - W, ,B L=y's Deli E) Sa jJ 2 .a •V 11400 Atlantic Avenue Conditional Use Permit No. 85101 MOD Sounq Monh 6189 - 037 -032 ce - - - - - - 8 MARTIN LUTHER KING JR. BLVD. L (6) F, hMEif 5ri%W5 le-e L&O (fW) VACC?f4f MTAL (E) PPkKING 2 910 59fv. ci,. FENCE AVJP Nf FLOOR PLAN suL iw• = v4- 85101 RESOLUTION 90. 1096 A RESOLUTION OF THE PLAfiNING COMMISSION Of IRE CITY OF LYRt10CD APPROnINO A CONDITIONAL VSE PERMIT TO ALLOW A PACYAGEA LtTJOR STORE AI 11EOO ATLANTIC AVMS, LY WOD, IN THE C -) (MAVY) COW2 MC LAL) ZONE Vpi115AS, the 2Lnonicg Ccmnias l>n, pursuant b> hw, unn`.vcca +M a pabL t: hear j.l{ pe::a u•ia3 co he es t:bl ia;ener.e of a pa..`.agM Liquor wore at me abov: .add c eze 'MeRCAS. :he JLC: ?Lan DSn..f:',A.e la3 reVta.t,:d .4.i plan, adbm Lctt9, peccocmzd tba eeete:.ary wove =c [ga a..mu and prepared a vrleteu r «,perc r bqueatlog 3purc•r:[1 0: chls a>- lie:eiao a..bject co conditiono; '' +NTY.FA3, L< has peen jete Painezj cSa, .:re prcpo,al la axamrt :coo cha Drov Ls LC•aa aE cno ?taca :.E0,% - v:;d:a uu:r., na dnenSe3, CHCP.f:v:, the n.ca is Laca<va in caa q -` (41 -1'Y C aerc.:e:) tune. un3 ?..c:a ;ed ilq.mt _are is oe :tic lei !n :ha 3 c.. •:r., satteec co a 8r4ntln3 of a !'nn;i r. i.:aal ''*.,a ee' =ic. iYC'i I_:N f, L•te :;.aw lny C �w:lss lcn a5 the Cc:y >i Lym »o-d C.3"13 b Zp 3di v.iC� %. -bAt as Ld or Dpooed em,adbnnz vho,jj be adcpced f>r be f....:. L ?. 47'1e r.op: »ad ezr_lowranc !o ce'3j ceet vlth the spas •:hn 'Dr Chi pica Li ::nvmerc t +., ecd cca proposal ':11 !. ,.o: ud.a csoly of Eoc: t.i l,ceer p-operry ar steeps a ..v is.ttce :. >urra:od in; •)rnp.:r tl,a:. 2. ?ropnsed ln5MOaelc I'll bd le an xcth•'.c accarsi .1 v!sual qu;a LCy n::d :beraccer ..bl.h will harmcp tte with :n:d cnhaaz! the aurcuundirt, ac'a. -. The pcopo2::d :lev,>Logv at nil: not iit _:fare with the rrtov-.aent of ;,d e,c c3an [Cuff:.: a:.xi; the tomm:a r_ia1 itc +]dc. G. The propo;:l :.'.1.1 :[oc coctrlbs:CS :o •mace orDliferacion of each uses LD the ..pea er 1acer2mee wir.h, or acodng_r the public he.leh, aafr:cy oc welfare. E. do packag_d Liquor atoce La LJCdc d vichly chree- huodccd (300') fear of the pcepoaed ua,. P. The sic. will be served by streets adequate in width - and.lmprovsd 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 .determinat ions, hereby approves Conditional Use Permit No. 85101, provided the following conditions are observed and complied with at all Clmes: A. All conditions of the Site Plan Review Committee shall remain in full force and effect. (Exbibit A) i c _ I 1 8. 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. P• No building height shall exceed six (6) stories or 75 feet, whichever is less. -R. No motor vehicle Fuels shall be sold in conjunction with the alcoholic beverage sales. APPROVED AND ADOPTED this Itth day February, 1986, by members of the Planning Commission voting as follows: AYES: Commlssioners Dove, Prypr, Raymond, Reid,. Robbins _. —_.. __— ..NOES: ..Chaiiperson_Yanka. ABSENT: Lucil Yanks, Cha irpereon APPROVED AS TO CONTENT: APPROVED AS TO FORM: I Obi Ct1LS Vlceate L. MsL s; Actlog Director _ is G_ Feldma Community Development Department, General Counsel STATEMENT OF ACCEPTANCE All conditions and provisions of the foregoing Conditional Use Permit and Resolution No. L096 are hereby accepted by the undersigned applicant, who expressly agrees to perform and be bound by each condition thereof. DATE SIGNATURE PRINT NAME sTjL-Jowrr.oF ACgEPIA.VCE .�85101 RECEIVED FEB 21 IM CITY OF LYNvMo comm. M. DEFT Al 04 . 10-96 tierej./ by and +ra il"-d S, C&A no. Z!Cillz Jame RESOLUTION NO. 3332 A RESOLUTION OF li HE PLANNING C:Cri`dM7.5=14 OF THE z:,.7qY OF L'rENWOOD .APPROVIR -3 CONDITIOINAL. U'V.' PERM1T U10. 851!11 MO DIFICAT -i011 T'cfL'?Lil2a F 14.E SAL!E 110UR.:i CY A T'YP'E- 23 ALCOROA•LI C SEVEE -IA ;E CONTROL (OFF- RF{EMISE BEER & VRNE.) LICENSE FROM 7 ;00 A.M. — 12:,00 A.M. TO 7:100 A.M. - 2:00 A.K , ArxTH s j AN l ..d3S i ING CONVENIENCE CE TORE L,OC tiTE D AT :11400 AT?.iANTIC A?Ac(Vj. EE A.!3Sl"SOR - 'draft: -L �a't.tvp�4t� ::6189--037 -032, Yam ',-j,' :Z- --3 'Hr'_AVY COMMERCIAL) ) r".v^rNE, CITY OF •,JVHER v,tiSi or • 11 9,f3' the L yr!w'oo. Pl n. ! I ling L. i'G.. n 1o�ii J {� rlo, 1', is i "'pe 7;i Alcc'.0 !!1: -r_1V -rafter nt n ' A 'I_? 1 �;,;yF t.y:r !Xf- 4)il:_]�:."�i(Q li�l�. Sri rt: ri�ilit':11iY {��.0 �..li.lr _t liJl 41¢11 ]' 114!,: At 1?:i A v l"e I `''r o rp ( I!.. •.•• ... `^ P (- _S'! t rr h' ..,i �.i• iUn`. I IIPii: .SiVi ,� :c/ ,1, V '.1Y�'ia Ci.�'J, a''r7rnp='• =t''j IS i...r.- e;� b "11:11111 tl�e taea,V '7:i"Ti� �� ;!'-.`) l!; :Ri,,.� -i7P i3 for dne _`r`:)r'!inise 9?te 11{ alc� hill tieva y, store .5... �.r Ju1 ; I 't i L- ra +�::i itl c7; l y � Dre .:,.Y _ tra {': ci 5 I Fnarkant or CIf.JnS.Jfe ,u e _ `0 u , :dntif ?C of a {.,3n d!rh.7rlai Use ''8fi'?''" V ?r ,'HEREAG, the existing off -pri! -raise sale til alccholic te`!er ge t F: °fm,:'rt :s � �7y._s d...t•e i� rt}t_ y considered incidental, as s_he total c:roposed aicohoi 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 continued the item per applicant's request; and WHEREAS, the Lynwood Planning Commission, pursuant to law, on February 11, 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 coniir -a iV 4hn.oh.. F.nn F4 Fhl. '4.. h.. K...I..... .J Adit:.......1 TL... se�.ice aiw th U U II Ii< UI iviiuTiui ILY vy v11 nI aiiu auuu�unai SciJ§i. . IIIC 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 2 -,his retail establishment is targeted toward families, business professionals and the community in gererai not typli; ally associated with loitering or public intoAica ?ion and the Conditions of Approval will limit loitering on the site. C. That the site for the proposed caznditionsi use is of adequate size "'Id shape to accommodate the use and buildings proposed; Tl,e PrUperty and bi.:iiding for the c•onv rience stare are adequate In Size aria; siha.DE to accornrnodatc ).te f,xisting conditionally Oarmi?:ted Use, '1112 SitF_' iS approxximat6y 1i ;S! t) sq. fr. in area and till' c—xlstin4q tusin?55 Unit is 2,551 -1 Sq. it. 2 x . ex.., ug . i-L.1e applicart is slrnply fet luesdng a P. - .L•:..,i..,,._,: OF tiiii.. for 1".:: 52._ of dV•- G}'CIiC b8b'brNUei and 'vVfVl not inr_r_aSt_ _! ,K. fnCa�L a,--a For ?CChoiiC bt,i2r?�'G, U :fr2ry S f :iF i4 in total 3t gi ss floor >rea. �) t }y s p iC a 1pp That c ,o'ope ,+ c1 4'ni?dat si°�l •os� c:o � pries with all 7,ppli -_ -zi le javeiie"pgn!? Pt starij.ard.s of ti'7'2 Toniirig district; t 7is4ctr• $ y,,!r:_ ;, -'n c tar!5 cn of Sal ;GU,'s for 3 i y pe 20 RC •_it aE, ail 3laal::3 ^i2 snnolats of the _.-3 ezlvy `Omm d l! t - _• - .•i... Zoninc _.^ -lie Does iiiA ila`Je a il:''i!t for ile dmel• "3m.° f•,'. Sale i� -'rho k � r the �,._ c,. air ... �_: ;. '/l,.i ,.� I,N l''Ca�; S� .- Gn:i�?Euia iel !_l.!�.� .`f r > i �, i ���-, f -.' 1`?' :3S .;.;._n flit_ l`Ini= fi'afil''_ fnr the -..le OF :aicolho' C. 'rever2ges is !nlit°:3n the di icretiorl of thfl .:JedlSicn- ona,'<.irig rody. Tile a rili :ant ;J not expanding the floor .size cif the market art" b`dt'!i L-e fna.kjry r3C='Qe in ?prove; ^6.nts to the Properly, wilidi i+vili be in Compliance With all ap iicavle develo domient standards, as Provided in the Cond itici 15 of Approval. _. That the proposed conditional use observes ,toe 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. 3 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. 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 shall 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) working 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 indemnity 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. 4 PLANNING DIVISION S. Any arnendment to ;his Conditional U-ce Plmrrnft, with re-Cards of o!)eratioO and the sale and Storage area of aloohclic beverages vvtLhin 'Ll--,e memolses must be cubr'nitted 'LQ the Planning Di'vis'ion aid Sherriff's I-',eoe F 9. The ark ' lcant shall c0imply '�-vilh Site Plao Review approval of suhrrittefj pi,.ins, %,vhi:h include: • Painr or p;'es-�zC3—s `p.iash °x!:ericr �,-'agade- of ibuil(';ing shopping certt,--lr. • R :In, existiilc Q"l-e sicp-.. • P 1�-M N2 iunp- � !'t -J . .1�i . rt. -- rs ai-d cardboard signs at'L'Zlched tc- si-rl' facadC., udes �'nd lal"ducape. 9 ,'pe iCt. Ilhe: sa!e of a!--ohoii:c be i0erMt-:ed (?,r,.:y h- eo/'V-n t'he- hOUrs 01r %:00 3--n. arid, 2:00 w.m 1" sev�2r, dtlylz- ;j VVO-.ek 11 locking rriel-harll.---rns o!-1 rei-r;ge—tion un;`s. -Icn Orocfiii-s t.'ie lhoours of 2:0,G) a.m. and '7 :01.; a-.m., -"4ys a f-in sin--Je can sa!r?s shall h-e pern-ilUed. Tl-*i sp!: s al ij,- beverayi,s in quanr,ties of quai-ts, 1221 oz., 32 40 oz., or sirn-ilar cootilin.-,"'S are prohibited. No beer or ii-,alt beverages sh6il be sold in qi.;an'it;es of lzSs than six per sale. 13. The applicant(s) shall post a placard prohibiting loitering, pursuant to California Penal Code ("CPC") section 602, on the exterior of the premises. 14. The sale of alcoholic beverages for consumption on the premises is strictly 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). 5 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. 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 applicants) shall fully comply with all other conditions of approval contained in CUP No. 85101 that are not in conflict with this CUP No. 85101 Modification. BUILDING AND SAFETY DIVISION 23. Applicant /property owner must provide a copy of permit card signed by all other departments prior to scheduling a final inspection 24. All construction shall meet or exceed the minimum building standards that are referenced in the following codes. • 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 California Electrical Code — 2013 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. LOS ANGELES COUNTY FIRE DEPARTMENT 25. 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. 6 Section a. The Development Services Department has determined that proposed Protect is categorfcafly exempt from the California Environmental Quality Act (CIEQAI Pursuant to Section 153,31 ;Existing Facilities? because the P104ject involves negligible or nC expansion. of an existing ease. eCip n 5. A copy of t esolution Nio, 3332 and its Conditions shai? be de!iv: red tf.) t;ie Appiiccnt. APPROVED AND ADOPTED this :1.LTh day of February 2014, by members of '!.he Planning Commission, voting as follows: df ��Jd KerIClutll Vv'i st Cllaif Lynwood R nnin, Jonathan Colin, Director David A. Garcia, Agency Attorney Development Services Department Planning Commission Counsel REQUEST FOR: Planning Commission Action Item # 10 PLANNOIG COMMISSION (MEETING - -- DATE: PLANNING D ?VISION STAFF: February 11, 204.4 APPROVED TITLE: ❑ As RESOLUTION NO, 3:323, CUP NO. 3012- Recornmended 04 Ntodi icetlon: -1-0 MO? IF (= CISI?P1G ❑ As Amended COND.ITIO.NAL USE PER,4/31T NO. '012 - ❑ Set Pubic Hearing for 04 TO EXPAND TEMIE RESTRICTIONS DENIED -- -- TI -I;'iT L E li S, ?L= iCn!RS Or ❑ Applicant's Request )P� S OPi PATIO ` S, h.0LSEFY Rc�z F7 1 C?-iC ; ON 141: OPERATTC1,,! OF THE FACIL17 i HE COt,F GUPATE; -Jb1 OF THE PF,<.ICI tG 1.1-71" AN FAN;)U`_T HALL L -A. ','OUl' Li ! C N;! aC i ON L`JITH H Oic ?TEC -N C— AN EXISTING -fYP!7- 47 ALCOHOL?._ SE;ERAGE CONTROL (A50 LICENSE FOR THE ON -SALE AT A GIENE Ft_ SONA F;Dr r• ✓ C, 1- 0- 1 ?L- 110E; -iE r PiFER.TY ES LOCATED AT 1,000 ALA:MEDA A5; E� UI :-, FUR HEP )ESC :ESED AS ASSESSOR PARCEL. ,NUM{IER 51.70 -002 -045 [ ^I THE C -3 (HEAVY COMMERCLAL) ZONE. CONTINUED TO Prepared by Karen Figueredo Development Services Director PROPOSAL: The applicant, Ofelia Franco, is requesting approval of Conditional Use Permit (CUP) No. 2012 -04 Modification to modify the approval of a Type 47 Alcoholic Beverage Control (ABC) License for the on sale general for bona fide public eating place at a banquet hall /restaurant located at 10700 Alameda Avenue (Property). The modification request consists of extending the time restriction that limits alcohol sales, and hours of operations for the restaurant and banquet hall, parking lot layout (Exhibit No. 1) and the reconfiguration of the banquet hall and restaurant (Exhibit No. 2). RECOMMENDATION Staff recommends that the Planning Commission direct staff on one of the two proposed options listed below: Option No. 1- Adopt: • Resolution No. 3328, approving CUP No. 2012 -04 Modification as conditioned. Option No. 2- Deny: • Deny CUP No. 2012 -04 Modification and allow entitlement to remain as is. BACKGROUND The subject property is located in on the south -east comer of Alameda Avenue and Martin Luther King, Jr. Blvd. within the Manufacturing (M) zone and has a General Plan designation of Industrial. The property is approximately 3.03 acres and is developed with an existing 35,357 sq. ft. 2 -story industrial building that is currently vacant. Additionally, the subject property is developed with an 8,000 sq. ft. ancillary warehouse building and surface parking lot. In 2004, the City Council of the City of Lynwood adopted Resolution No. 2004.136 (Exhibit No. 3) approving GPA No. 2004 -01 in order to amend the subject property's General Plan designation from Industrial to Commercial. In addition, the City Council adopted Resolution No. 2004.137 (Exhibit No. 4) and Resolution No. 2004.138 (Exhibit No. 5) for the operation of a restaurant and nightclub with a Type 47 ABC license on the property. In 2009, no action or use as approved by Resolution No. 2004.136 -138 had occurred on the subject property. The City Council adopted Ordinance No. 1607 (Exhibit No. 6) in order to change the subject property's General Plan designation from Commercial to Industrial as well as its zoning designation from Heavy Commercial to Manufacturing in conjunction with the operation of a truck storage facility. In 2012, the applicant's request was presented to the City of Lynwood Planning Commission -and the item was continued- to- the next regularly schedule-meeting-in January 2013. 2 In 2013, the Planning Commission held a special meeting, in which the item was presented to the commission for their review and consideration and adopted the following items: • Resolution No. 3300 (Exhibit No. 7), recommending approval of Zone Change (ZC) No. 2012 -01 to the City Council, as corditioned. • Resolution No. 3301 (Exhibit No. 8), recommending approval of General Plan Amendment (GPA) No. 2012 -02 to the City Council, as conditioned. • Resolution No. 3298 (Exhibit No. 9), approving Conditional Use Permit, (CUP) No. 2012 -04, as conditioned. • Adopt the proposed Mitigated Negative Declaration. In 2013, the Cibj Council of the City of Lynwood adopted Resolution No. 2013.010 (Exhibit No. 10) approving ZC No. 2012 -01 to rezone the property from Manufacturing (M) to Heavy Comnercial (C-31) in order to establish a restaurant and banquet facility with a type 47 alcoholic beverage control license. In addition, the City Council adopted Resolution No. 2013 -.011 (Exhibit No. 1 1) to charge the general plan designation from Industrial to Commercial in order to establish a restaurant and banquet facility with a type 47 alcoholic beverage control license. Currently, the ancillary warehouse building and suiiace parking lot are being utilized as a truck storage as permitted by the City in 2009. ANALYSIS & DISCUSSION The applicant is requesting modification to the approved adaptive reuse of a vacant and abandoned industrial building, which encompass a 5,084 sq. ft. sit -down restaurant and an 8,200 sq. ft. banquet facility within the first floor of the building and a 9,710 sq. ft. of the building's second floor as administrative offices and storage areas. The applicant is requesting the following modification to the conditions of approval from Resolution No. 3298: Condition No. 29 All banquet events and activities shall be limited to an area of 8,200 square feet as identified on the approved plans. No banquet events shall be permitted in the restaurant or 2nd floor office space. (Condition added by the Planning Commission at its meeting on January 2, 2013). Re uest The applicant is requesting a tenant improvement to modify the layout of the existing 5,976 square feet restaurant area into a part of the banquet hall, and relocate the restaurant into a 1,031 foot area of the banquetthall. Convert the lobby and service area into a 1,031 square feet restaurant. 3 Condition No. 30 Modify proposed condition of approval No. 15 in Resolution 3300, and 3301 as well as condition of approval No. 13 in Resolution No. 3298 to read as follows: there shall be no 24 hour operation of the restaurant or banquet facility. The hours of operation for the restaurant shall be 6:00 a.m. to 2:00 a.m. daily. The hours of operation for the banquet facility shall be 5:00 p.m. to 12:00 a.m., Friday thought Sunday. (Condition added by the Planning Commission at its meeting January 2, 2013). Request The applicant is requesting to operate the banquet facilities in conjunction with the restaurant from 6:00 a.m. to 2:00 a.m. daily. Condition No. 31 Modify proposed condition of approval No. 16 in Resolution No. 3300 and 3301 as well as condition of approval No. 14 in resolution No. 3298 to read as follows: The sales, service and consumption of alcoholic beverages in the restaurant shall be permitted only between the hours of 9:00 a.m. to 1:30 a.m., seven days a week. The sale, service and consumption of alcoholic beverages in the banquet facility shall be permitted only between the hours of 5:00 p.m. to 11:30 p.m., Friday through Sunday. (Condition added by the Planning Commission at the meeting on January 2, 2013). Request The applicant is requesting to modify the sale, service and consumption of alcoholic beverages within the banquet halls and restaurant to be permitted until 2:00 a.m. daily. As part of the adaptive reuse, the applicant is also proposing to remodel the building fagade, provide 5.94% of on -site landscaping, restripe the parking lot and increase property lighting. Operationally, the applicant is requesting to operate the restaurant daily for lunch and dinner, but no later than 2:00 a.m. The restaurant will provide a full - service menu and catering services. The banquet facility will also be available to the business community and civic organizations to host breakfast meetings and business seminars throughout the weekdays as requested. As proposed, the applicant's project will provide the City, its residents and business community with amenities that the vacant building currently does not offer. Conditional Use Permit As previously approve the in order to mitigate any impacts associated with on -site alcohol consumption and extended hours of operation, the applicant will have an extensive security plan. The applicant will provide security staff at all private parties and during restaurant hours in addition two (2) Sheriff s Deputies (paid by applicant) M will be present during all banquet events as requested per Lynwood City Council. Additionally, the applicant is proposing to install new light poles and light packs in the parking lot in order to increase safety and minimize vandalism such as graffiti or illegal dumping. The Planning Division worked with other City Departments including the Fire Department and Public Works in order to establish a list of Conditions of Approval to ensure that the proposed restaurant and banquet facility operates as a bona -fide restaurant and family- oriented establishment. I_f�?C vecticn 25 -130.5 sets forth five (5) findings the Planning Comrnissi -n must make in order to approve a conditional use permit. The following is a summary of findings, followed by staff determinations: A. That the proposed C,, nditlonal Use is consistent with the general Plan: The proposed restaurant and bar,quat facility are uses that are consistent ` i'Ji dhe City s Gerteral Pian. Goal L U -2 of :he General Plan encoura ges land se ;rurinina that acccmmoklates the City's needs for good:? and Scniices. A restaurant and banquet f cility with an ancillary alcohol I :.ense prr;vide.s a dining option to the City's business and ^i_ant fac uri-y comnriunities along the Alameda Corridor, which currently lacks viabie reSt lUr-,r it estab!ssi -..rnantti. Ad ditiona!ly, the proposed proje•�t pro'JIt_,e'3 a a ning opvio,n to all City residents, particularly In the vicinity of `h.3 } io cci site as the res aurant and banquai `acilit`/ will be family - oriented and cpcn t:7 all age groups. 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 adj=acent uses, buildings, or structures; The proposed CUP Modification will not have an adverse affect on surrounding properties as a detailed list of Conditions of Approval have been prepared in conjunction with City Departments including Public Works, Development Services and the Fire Department. Proposed conditions of approval include requirements for the implementation of a security and on- site traffic plan, providing additional on -site lighting, restricted hours of operation and the installation and placement of anti - loitering signage throughout the subject property. Additionally, the subject property currently has a (10) masonry wall around the perimeter of the site in order to minimize impacts to adjacent uses. C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; The subject property is approximately 3.03 acres in size, which is adequately sized to allow the operation of a restaurant and banquets facilities with an ancillary ABC license. The applicant is proposing to renovate and remodel E the vacant and abandoned 35,357 sq. ft. 2 story building as well as provide overall site improvements including increased lighting and landscaping. D. That the proposed conditional use complies with all applicable development standards of the zoning district; Zone Change was approved by the Planning Commission on January 2, 2013, the subject property's zoning designation and development standards will be consistent with the proposed conditional use. E. That the proposed conditional use observes the spirit and intent of this Zoning Code. The Heavy Commercial zone provides for a variety of food related uses including sit -down restaurants, as well as places of public assembly. The LMC permits restaurants within the Heavy Commercial zone with alcohol sales subject to the issuance of a Conditional Use Permit. ENVIRONMENTAL ASSESSMENT A Mitigated Negative Declaration was prepared and approved by the Planning Commission on January 2, 2013. ATTACHEMENTS Project Profile Location Map Exhibit No. 1- Existing & Proposed Site Plan Exhibit No. 2- Existing & Proposed Floor Plan Exhibit No. 3- Resolution No. 2004.136 Exhibit No. 4- Resolution No. 2004.137 Exhibit No. 5- Resolution No. 2004.138 Exhibit No. 6- Ordinance No. 1607 Exhibit No. 7- Resolution No. 3300 Exhibit No. 8- Resolution No. 3301 Exhibit No. 9- Resolution No. 3298 Exhibit No. 10- Resolution No. 2013.010 Exhibit No. 11- Resolution No. 2013.011 Resolution No. 3328 C PROJECT PROFILE CUP No. 2012 -04 Modification 10700 Alameda Street APN: 6170 -002 -045 1. Source and Authority LNIC Section 25- 130.050 sets forth five (5) findings the Planning Commission must make in order to approve a conditional use permit. 2. Property. L.ocationand Size Project site is iccated at 10700 Alameda St. on the south -east corner of Aiarneda St. and Martin Luther King, Jr. Blvd. The site is approximately 3.03 acres. 3. Existing. Land Uses Site _ Deveiose,J North: industrial 'Outn: Residentia W;�st: !ndust;�al East: ndusIriaI 4. Land_UsF_Des.ionatlon The adjacent. properties' General Plan and Zoning designations are as follows: Site General Plan Zoning North: Industrial Manufacturing (M) South: Residential Single Family Residential (R -1) West: Industrial Manufacturing (M) East: Industrial Manufacturing (M) 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. 7 .9 S • a LOCATION MAP _ -__ Eutum LL _ EfOtNq E 1 - ° gg �. wurwa i - � ADDRESS: CASE NO.: APPLICANT: APN: 10700 Alameda Street, Lynwood, CA 90262 CUP No. 2012 -02 Modification Ofelia Franco 6170 - 002 -045 It3 5 "e 4 R ll: a to x J N S R Exhibit No. 1 I� 1 f �y u I aa� 4 f 9 �a m x v i i I f i i I i i I 6- iEl v r T .7 r I Existing S Y O P 0 0 S 10 -- i —1 it 1 6- iEl v r T .7 r I Existing S Y O P 0 0 S 10 i1'�_ El, 711, LLHIJ T J fir• I Td f RR 1 T o I #L - 1 Al I , � EN;I a Proposed 1 Q 4 11y F W z I— m x F 9 O I ■ 1 §1 I I111 !IIII II I ■ ■ nn r:ql L f RT.5 .� •-.'i Si 3 J`' j i� r i 6� 3 �j 11 Y Ti ' PPk LD till q a c� ❑ � E3 L. � i-I �3 C�J xx I7 r 9 1101910! A RESOLUTION NO. 2004.135 A RESOLUTION OF it CITY COUNCIL OF THE CITY OF' LYNWOOD APPROVING AN AMENDr4ENT To THE LYNWOOD GENERAL PLAN LAND U:SE MAP OCSIGNA'TION, PURSUANT TO GENERAL PLAN AMENDMENT NO. 2004-01, FROM INDUSTRIAL TO COMMERCIAL IN CONJtJNCTION WITH THE DEVELOPMENT AND OPERATION OF A RESTAURANT AND NIG11TCLUB, PERTA. -CNING TO PROPERTY LOCATED AT 10700 Al -AMcDA STREET, FURTHER DESCR.IBEV AS ASSES SOR PARCEL NUMBER 5'i7U- 002-025, . C17Y OF LYI;:`NOOD, COUNTY OF LOS ANGELES; CALIFORNIA. VVtIEAEAS, ti'e Lynwoo:: (it/ Council, pursuant to !a'w, on August 17, 2004 _oncucted a pubiic hearing to corisid. ^r General f=lan Arneni,ment No. 2)(u WHEREAS, the Plannirig Ccmmss an of the City o;' Lynvvccd, on )Lilly 13, 2004, pursuant to !a:v, car, dud a,puhlic nearing on the su ect appiica%on and did not approve hie General Plan Amendmen!; and Md, EREyAS, the ucy 'Council carefully corosiderad all public_ oral and wrir.en testimony offered at the public hea`Ing; and WNcRFaS, the Cty Cw nci! detcrmin d that a C,'cnIme:ci;i Land Use 11ap 0 slgnatlon Of the su jet- property would be Consistent 4,i`tri N,e gQ3I5 -;Md policies of M? General Plan Land Use and Economic t:eveloomenc Eleineats; and WHEREAS, the Development 5�rvices DNp3rtniant has oerforrre:d and I:nitlal Stu6V and determined `that the proposal may have pctentially significarit'impaces on the anvim.nment, ;now -Ver, miiiGatioq mi ?asures `Iay. be 'n If iCtlr D(�i'ai ?d in Tile 1r4jeC,? ,hat Quid reduce potential significant impiict, to a level of insignificance. A Negative Dec:iarotion has been prepared pursuant to the California Environmental JuaUP, Act ;CEQfA? Gurd°.;ines. Secii_n !. The City Council of the City of Lynwood hereby finds and determines as follows: A. A Commercial Land Use Map designation of the subject property would be compatible with surrounding land uses. B. The subject property would comply with all required development standards set forth in the Lynwood Municipal Code, except distance for alcohol. C. The General Plan Amendment would be consistent with the goals and policies of the General Plan Land Use and Economic Development Elements. D. The General Plan Amendment will not be detrimental to the properties surrounding the site, or the public health, safety and general welfare as mitigation measures and conditions have been incorporated into the project to reduce potential impacts to a. level of insignificance. ,. ,,.ail.,„ ....:..,,'..M _..•:,. L. -t. Exhibit No. 3 n STATE OF CALIFORNIA } )SS COUNTY OF LOS ANGELES } I, the undersigned, -City Clerk for the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 17th day of August , 2004. AYES: COUNCILMEN PEDROZA, RODRIGUEZ, SANTILLAN, VASQUEZ AND BYRD NOES: NOHE ABSTAIN: NOW ABSENT: NONE City Clerk, City of Lynwood STATE OF CALIFORNIA )SS 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 Resolution No. 2004.126 on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this 17th day of August 2004. City Clerk, City of Lynwood 3 - -- 'NHEREPS, the I �4nwood City Council, pu;5uant to law, on August 17, 700,; ccnductr.d a public hearing on Variance No. 2004 -;:3; and WHERE, the Lynwood planning Commisaicn, ,urwant to la,v, on July 33, 1 004 cenducted a public hearing on 't:e sut:jer application and did not a prove ctie variance; and 4' HERS'S, the Lynwood City Gauncil Cor:sdered all oral and written testimony o'fered at ;rie public hearing; and INHE'REAS, the Development Services Cepartment has determined that the Proposal may have prtenuaily significant ±mpacts, however, �)'* performed an. initial Stud -Y pursuant to the California E'nwrcr:mentai Quali y ,act CEQA), rnitigatien mesuras and conditions of approval have been. incm,porated into th-2 project to reduce potential impacts p; a level of insigni,,canca, a Negative Declaration was prepared. Section 1, The City Council of the City of Lynwood hereby finds and determines as follows: A. The strict or literal interpretation and enforcement of the specific regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objective of this chapter. All commercial corridors and the majority of Industrial corridors are within 500 feet of ' residential zones. Only the areas on Alameda Street and Industry Way comply with current code requirements. B. That the there are exceptional or extraordinary circumstances or conditions applicable to the property involved which do not apply generally to other properties in the same zone. The Lynwood Municipal Code requires that nightclubs shall have a minimum lot area of one (1) acre or 43,560 square feet. There are few properties in the City of Lynwood that can satisfy the lot size requirement and the subject property is 3.01 acres. H1N'ORDnI}1PLTNNING \NFSO $ pROJDI Ya Ja' Exhibit No. 4 1- RESOLUTION NO. _ _ zocv In A RESOLUTION OF THE CITY COUNCIL OF THE ' CITY OF ,LYNWOOD APPROVING VARZe:i+iCE NO. 2004 -03; TO REDUCE MINIMUM DISTANCE REQUIREMENTS FROM FIDE F9 NDRED FEET (599') TO FIFTY FEET (SO') FO(t ON -SITE GENERAL SALE OF BEER, WINE; AND DISTILLED SPOUTS WITHIN A 30NA ,FIVE EATING 25TASLISHMENT (TYPE 47), LOCA -MD A'r 10700 ALAN FDA STREET :IN rnE C -3 !HF_6.VY COMMERCIAL) ZONE, ASSESSOR PARCEL NUMBER 6170 - 00.2.026, CITY OF LYj4wC.OID, t. OUNi"Y O ' LOS ANGELES, �,TATE OF CALIFORNIA. -- 'NHEREPS, the I �4nwood City Council, pu;5uant to law, on August 17, 700,; ccnductr.d a public hearing on Variance No. 2004 -;:3; and WHERE, the Lynwood planning Commisaicn, ,urwant to la,v, on July 33, 1 004 cenducted a public hearing on 't:e sut:jer application and did not a prove ctie variance; and 4' HERS'S, the Lynwood City Gauncil Cor:sdered all oral and written testimony o'fered at ;rie public hearing; and INHE'REAS, the Development Services Cepartment has determined that the Proposal may have prtenuaily significant ±mpacts, however, �)'* performed an. initial Stud -Y pursuant to the California E'nwrcr:mentai Quali y ,act CEQA), rnitigatien mesuras and conditions of approval have been. incm,porated into th-2 project to reduce potential impacts p; a level of insigni,,canca, a Negative Declaration was prepared. Section 1, The City Council of the City of Lynwood hereby finds and determines as follows: A. The strict or literal interpretation and enforcement of the specific regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objective of this chapter. All commercial corridors and the majority of Industrial corridors are within 500 feet of ' residential zones. Only the areas on Alameda Street and Industry Way comply with current code requirements. B. That the there are exceptional or extraordinary circumstances or conditions applicable to the property involved which do not apply generally to other properties in the same zone. The Lynwood Municipal Code requires that nightclubs shall have a minimum lot area of one (1) acre or 43,560 square feet. There are few properties in the City of Lynwood that can satisfy the lot size requirement and the subject property is 3.01 acres. H1N'ORDnI}1PLTNNING \NFSO $ pROJDI Ya Ja' Exhibit No. 4 1- C. The strict or literal interpretation and enforcement and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other similar properties in the same zone. The City of Lynwood currently has seventy (70) alcohol serving establishments and every such business is within 500 feet of residences. All existing establishment are considered legal nonconforming or have a variance. D. That the granting of the variance will not constitute the granting of a special privilege inconsistent with the limitations on other properties in the vicinity classified in the same zone. Because other alcohol serving establishments are located within 500 feet of residences, approving this variance would not be a grant of special priviledge. E. That the granting of the variance will not detrimental to the public health, safety, or welfare, or matrially injurious to properties or improvements in the vicinity. Staff performed an Initial Study in compliance with the California Environmental Quality Act (CEQA) and determined that the projmect may have potentially significant impacts. Conditions of approval and mitigation measures have been included in the project to reduce potential impacts to a level of insignificance. F. That the granting of variance will not adversely affect the orderly deveopment of the City. The property was previously an office building that is not permitted in manufacturing zones and was therefore legal nonconforming. Approval of the general plan amendment and :one change would make the property conforming. 5edon 2. The City Council of the City of Lynwood, based upon the aforementioned findings and determinations, hereby approves Variance No. 2001 -03. Section 3. A Copy of this resolution shall be delivered to the applicant. APPROVED AND ADOPTED this 17" day of August, 2004, by members of the Lynwood City Council. 7 ATTEST: L UIS BYRD, M5kYOR City of Lynwood 7 EPH WA nt rvn City Ma ager ANDREA L. HOOPER, City Clerk City of Lynwood City of Lynwood APPROVED AS TO CONTENT: . APPROVED AS TO FORM: GRANT TAYLOR, Wr6ctdr ARNOLDO BELTRAN, City Attomey Development Services Department Planning Commission Counsel 2 STATE OF CALIFORNIA )SS COUNTY OF LOS ANGELES ) 1 I, he undersigned, Lit,/ Clerk For t`e C'ty of Lynw ^od, do hereby cerUf/ that -die foregoing Resoiutlon was pass =_d and adopted by the City Council of the City of Lvnwood at a regular meaUng held on the 17th day of August 20Oa, AYES: CUIRICILNEN PETMOZA. ktri7RIGUEZ, SAPTILLAN, YASQUE2 AND GYRO NOES: WRE ABSTA.[N: NONE ASSEN1: WINE v �:ATEOFCAUFORN[A ) C `UNT! OF LOS ANGELES i ,1 x ") / C?hf Clerk; City of L yn.voOd " the undersigned, Ci?y Cerk of free City Of Lynwood, and Clerk of the Ci,r CCuncil of s,ald City, dc hereby ,:e:^i~P/ d!at ;Ire acove and foregoing is a full, true and correct COPY f Reseluton NL. e ir, m Y „n r' y rfri : :e and that said fesolutlon was adopted on the date and Uy the vote t7erein saterl . hated this -i1_th day of __tjL ±__, 2Cp:l. HkWUROFILV \VL NNINQR ESOS ,3,19y,q City Clerk, city of Lynwood -- Kz 4 N�. RESOLUTION NO. 2004--138 ANZOWTION OF 7't-9E CITY COUNCIL OFF TME 2004-02 AND ik�!PROVIU6 CONDITIONA . L USE PERMIT NO. 2C,04-20 PERN11r PMG, T"jE OPERATION OF A Ra—STAURANT AND NfGhTcLUs (EL FARALLON) RtOVWNe� ALCOHOUC 8EVF,:RAQFS FOR QN-S; tE 14 *,TYP( 47) A3%A0700 ALMAELIA SIRE&T, iN THE -C-3 (HFAVY ;GWIT•IERCIAL) ZONEF, AS'33ESSOR PARCEL �"Um'.?ER CITY OF LYNIV40001), COUNTY OF LOS AN'CFLES, -STATE, OF CAUFORNIA. 019 L-r,,%,cod City 0- :uncii, plusuaat to law. On August 17. 200-4 it Con`Urted a Pubii'- hearing on -ha conditiona! use pf a rTn : and WHEREAS, One LYr,.vicod Plann.ii.lg Cgrnmission. pur-_uanl !o lav4, on July 13, 20":4 conducted a public "Isaiing, on the rutpct arpii�aticn and did not aprrcve the condNonal uSe Peunit anal WHEREAS, the U.frrw*u-d Ch, Council con_iderod all public oral and vjdtiaw off :red ai the public %caring; and 'PIPERFAS. thi: 0enantnen* has de!ermined that the ' POS-41 111ay havZ, Sigil'ificant in'waa.'�_r on ma an'4tronme0t, an lm'i@l StUcy V,145 2M'oarad ' ou:suaW to trio P'Ovisiowi of trio California Environmental Qu ality Act Milligalinn measumts have been inorperaieLf Into tt 3 project to -,educe pct�ntial imparts to a 41va! of iw4rfficarc, and a Neontive De^laration was P.'arlamd. jceactiieLo_ 1. The City Council of the and determines as toilowf: City o . f Lynwood hereby finds_ A- The site of the proposed project and the existing building are adequate in Size and shape to accommodate the proposed restaurant end nidhtclub and satisfy.davefopment standards. B. The granting of the Conditional Use Permit will not adversely affect the General Plan. -and is consistenYwtth the General. Plan, Land Use -Designation Approval of General Plan Amendment No; 2004-01 changes the land use designation from Industrial to Commercial. Restaurants and other commercial uses are p rmfhad uses in commercial zones and C: The location of the conditional use is in accord with the objectives of the zoning chapter and the purpose of the zone in which the site is located. The project would satisfy all development standards-set-forth. in Lynwood Municipal Code Section 25-16.27 pertaining to dance halls, nightclubs, rental halls and other places of public assembly. Exhibit No. 5 D. The location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental. to. the public health, safety, or welfare, or materially injurious to properties or improvements in the. vicinity. Staff . performed an Initial Study and identified potential significant impacts. Mifgation measures acid conditions of approval have been Incorporated into the project. "A Negative beclaration.Was prepared. E. The conditional. use permit will comply with:�eabh -.-of the applicable pfgvisions of the zoning chapter,. except for.approved.variances. The Project is consistent with Chapter 20.10 of the L%awood: Municipal Code (LMC) peitafning to permitted and conditional{y peripittgd uses in the C -3 zone, - consistent with LMC Chapter 25- 16.21 reguta#hg places of public assembly and consistent with.LIAC Chapter 25- le.20- regulating alcohol serving establishments. F. The project would remsdy a blighted property and provide a land use on a vacant property. G. The restaurant and nightclub would provide jobs, and provide revenue for the City (i.e. sales tax, property tax, building prmits, plan check fees, business licenses, etc.) H. The project would retain a business displaced by the Lynwood Unified School Oistnct in the City of Lynwood. . Section 2.. The rity Council of the City of Lynwood, based upon the aforementioned findings and determinations, hereby approves Appeal No. 2004 -02 and Conditional Use Permit. ''No. 2004 -26. provided the following, conditions . are implemented and complied with at all times. CONDITIONS OF APPROVAL' DEVELOPMENT SERVICES DEPARTMENT- ' 1. The business establishment shall comply with all applicable regulations of the ' Lynwood Municipal _Code, the California- Budding Code, the Health and Safety Code, the Los Angeles County Fire Code and the State Department of Alcoholic Beverage Control. 2. Any proposed subsequent modification of -the subject site or structures thereon shall be first reported to the Development; Services. Department, Planning Division, for review. 3. The, applicant and/or his representative shall sign a Statement of Acceptance stating thauhe /she has read, understands, and agrees to afl conditions of this resolbl;onpr�or to i ;uahce of anylbuilding,permits. = b 4- This Conditional Use Permit approval is valid for one hundred eighty (180) days from date of approval (i.e. expires January 13,.2005). ; - Substantial compliance must be dtiserved'oft(wise such•conditjonal Ose O'd' i'3halt become null and void. Tha'a' i0icant may apply for one ninety (90) *bxtrirfsion' provided such exiension,mmade in writing prior to ttte expiration' date. PLANNING DIVISION 5. The project shall provide a minimum of ten feet (IV) front setback and such front setback area shall consist of landscaping and a permanent irrigation system except for required walkways, driveways and the existing building footprint. n- n C. The project shall provide ! andscaping consisting of a minimum of seven percent (7 %) of iha moss lot area. Suc,'i landscaping she!] be installed and maintained Pursuant to aoprovvd landscaping and permanent irtigatiore plans. Such plans shall be sub :ilittad and reproved prior to the issuance & building permits. 7. The applicant shalt :Ubrnit a comprehensive sign program prior to the ise anoe of building permits. Such sign program shall comply with Chapter 25 -33 of the Lyrrvccd Municipal Code and ronsist of individuei charnei letters and approved 8. The applice ' shall provide a rrinir um, of two (2) trash enciosures On-Me. an•S located witilin one hand °.ad feet It:ip') of the twild:nq. Such reiUSe areas shall br ;(:r :6vrded'611 1;roe (31 sites by a solid moscrri, brick or acricrole icnc,•e ;ha; snail a a minimum of iiva feet ;5') fit height and shall be enclosed'with a solid and a ;ahi -r", ctirin- daeorattve gate. 9 Thr. applicant &N-0 1. iLtail a ,solid b; ^Pit wall,`- rninimu r, of :en teat ( 10') ii? h.:k ht alpnj th-z! ooUi!tefly'.end ea3teily pecperr/ limes. S1cn.Tench' ^y s4alt fia'vq an- neerin calcuiati ins and detain appfovou by the Building 3 Safety Division. The apps can; sit_ Il o '.ain a fencra cer, ;tit pror to ir,sfaifaGon. 1 The ap iican.I shat! ubmit, irnrie,r:ent a ^d rnai;,tairl a S :a!& d ar!d co _n. Such 3erur,ty p!ar: shay include `_u? not be li.^1i!ed to: a) A. rile clan an•� d ::tailed written des :.riptien. of security rrsasures. rsrsonn¢.,1, !oeat!enc, ar. hours. . b) Securrvi F"!) be providet9 a minimum of ona (1) hour a`ier closing or 3:00 a.m. jn Fridays, Saiu;eays and Sunday mornings. c! No In spring in ihe pailJnn lot or areas 'vWGide the building shall ce perniil :ed ut eoq time. Sosi no ioi?ering signs. d Security ; im-onnel and traffic blt >ckN inshurnants shall he maintained on Lit-le (east) alias ada Street and tCu" Street and a minimum of one (;) hour af•, Clo irg on t oQk?..nds avid holidays. On #y residents and attests may enter residrantial strea6s. .: e) 'security peraormei shall ragufarly drive Santa Fe Avenue, 108 "' Street and surinunding streets to .3nsum no .foitering or trespass pertaining to business patrons exists. f) The.appricant snail contract with the Los Angeles County Sheriff for Friday and Saturday.nights. Such contract shall include a minimum of two (2) _deputies and one (1) vehicle. g) Install security cameras.to,the interior and exterior of the premises. h) prohibit panting outside the business on the streets. 1 1 . The applicant shall implement and maintain a detailed traffic circulation and parking plan prior to. the issuance of building permits. Such. plan shall include security providing assisted parking on Fridays, Saturdays and special events. 12. . The applh an4 Ilritnplement.6n&n- ;amtafn.4 de0.8eMpAb Qrltgfrting ;p{en. for - the parlor lot§ 8reas anif the exterior of the tiuslness. Such lighting plan shall illuminate parking and other public areas. Lighting shall be screened and directed away from adjacent properties. 13. The building exterior shall consist of improvements, materials and colors as reviewed..and. .approved by the Lynwood f• redevelopment; ;Agency prior to construction:•' - .. .. - 3 - i1 14. Adult activities are strictly prohibited pursuant to Section 25- 16.19.d of the Lynwood Municipal Code. 15.: The applicant shall receive approval of a special permit business license by the Lynwood City Council for rive entertainment and dance hall. 16. Hours of operation shall not extend beyond 10:00 a.m. to 11:00 p.m. Sunday through Thursday, and. 10:00 am. to 2:00 a.m. on Friday, Saturday and holidays. 17. The project shall provide a minimum of one (1) parking stall per one hundred (100) square feet at gross building area, or a minimum of 311 parking stalls. 18. Such parking stalls shall have minimum dimensions of 9' X 20'. Handicap pariring stalls shall be provided pursuant to ADA standards: 19. Vehicle access and parking areas shall be maintained and kept clear and accessible for vehicle access and parking at all times. No parking and fire lanes shall . be delineated:: The parking lot area shall be improved pursuant to requirements set forth by the Department of environmental Services: 20. The parking area and exterior of the business shall be ,maintained in a neat, clean and sanitary condition at all times. 21. After issuance of.t eCeitificate of Occupancy no outside storage of materials of any kind shall be permitted. 22. The applicant shall hire a certified acoustical engineer to perfom a detailed noise analysis of the subject property and .surrounding. properties. The acoustical+ analysis shall identify compliance' with the.Ctys Noise Ordinance set forth in Lynwood Municipal Code Section 3-12.' Such study shall be presented to the City Council. . 23. The applicant shall hire. a_ licensed traffic and parking engineer to perform a detailed analysis of project traffic and parking. volumes, potential impacts, and mitigation measures. Such study shall be presented to the.City Council. 24..- The applicant, shall-install climbing. vines at the base of the block wall along the perimeter of the,,property adjacent to 108"' Street. A detailed landscaping plan and permanent irrigation system shalt. be submitted prior to the issuance of building permits. . 25. The applicant shall install trees alon j the south and east property lines inside the fence. Such trees, shall be tall .and fast. growing to' create a buffer for the residential properties: 26. The westerly driveway shall be entrance.onty and the easterly,.driveway shall be exit,only -on Fr(day3,;,r aturdays and special events. Security.personnel shall monitor and direbl,tr8ffio.... 27. The applicant shall submit a construction plan and time frame for exterior lntprovernarlts-pripr• to the issuance of building permits. ;. 28. The conditronal use permit shall be brought back to the:Plannind Commission for review of said conditions within six (6) months of approval. 29. All conditions of approval shall be printed on the cover page of plans prior to submittal to the Building and Safety Division for plan check.. 4 30. The applicant shall not exceed building of cupanry loads as established under the CaCfemia ©uilding Code, Los 4ngeles Co unty Fire Code: or which may be more restrictive based oh the,racommendation of Los Angeles Count' Sheriff in the security plan. 31. The applicant shall sacure all li.aanses from the.State Department of Alcchzlic 6evorage Ccn`ml..A copy of said iicanae ;hall be subrni ted to the Devalcpm nt Sarvices Department. Manning Division. 32. The applicant shall obtain and keep - uirent 311 raauired City of ;ynwood business licenses. 33. No exterior advertising ci alcoholic beverages shall be permitted. 34. No temporary signs, bannars or advertising shall be permitted. 35. Thp applicar:; snaii Install r!ec.^.raiive secunty gates across both driveways. Suf ;h gates shall La ::loses and secured during non.- business hours. The applicant shalt submit plans and ,Uf tafn a fance- parrnit prier to.!ns!ailalion. 36. Th9 applicant shall recelve and submit a wtitten determination from Southsrn -.ali'.or;lfa Cdisori to Cna 0-avetopinent Services De- artment, planning DVVjcidrt. uch Y rtlen deten" :ihatlan shall .identify 'mac son', poles : onn ;ite rega,ciing undergroondinq and related concarns or conditiors'from the !1':!iity aontpany. uci d termi,naticln ;hall be uubrnittsd prior to'oufiding plan ch;ok. 37. 'fire out;lde ratio arsa ^ray only is uillirad luring tunch Tour (i.e. Y"= a.n), to 13:0X; a.m. daiiy,. The outside oa;io shall rci be used 'or any Tg.,.on..I!ter 3:00 p.rn, daily. . 30. The applicant shal! identi;y emergency routes frorn Loth stories in the tiuiidincy. Such ernergerxy routa plan shall be submitted to the Development Service-1- Depariinent, Planning Division and posted on ihs second floor. 39. Faif-ire to comply wi!n all conditions set forth in the Resolution .anJor any appiicabto rnut:icipa; cod?, state or federal law shall ba grounds for revocalion proceddings. BUILDING AND SAFETY DIV131oN 40. All construction shalinteet or exceed the minimum building standards that are referenced in the following codes: The Uniform Building Code - 2001 edition; The Uniform Plumbing.Code -.2001 edition;. - The Uniform Mechanical Code - 2001 edition; The _os Angeles County Fire Code - 1999 edition; The National Electric Code - 2001 edition; All as amended �fo is Bullding CoQe:pf3f7g1 ;c:::; : ei, , ir. i a. In case where the provisions of the Califomia Building Code, the City of Lynwood Municipal Code, or the.plans or specifications in these plans may conflict, the more restrictive provisions shall govern. DEPARTMENT OF ENVIRONMENTAL SERVICESIENGWEERING 41. The site plan is incorrect. Show all existing .buildings and utility poles ., ,�,.�,., �.a,....,.v �,.......w,..,. m.,.. - 5 . 42... Submission and recordation of a parcel. map is required. Certificate of Occupancy will not be Issued prior to the recordation of a subdivision map. 43. Submit a grading plan prepared and signed by a registered Civil Engineer. The 'grading plan will • be. checked by the Department of Environmental Services/Erigineering Division. No building permits will be Issued prior to the approval of a grading plan. . 44. Reconstruct: damaged sidewalk along 108°i Street,. Mahn Luther King Jr. Boulevard and Alameda Street: 45. Close all existing drive approach(es) fronting proposed 'development and construct proposed drive approach(es) per APWA standards: 46. Grind and overlay 1'h' minimum existing pavement along 108° Street from edge of gutter to edge of gutter alcng proposed development: 47. Connect to public sewer. ` Each building shall be connected separately. Construct iaterals as necessary. Minimum size required is six inch (6 "). When connecting to an existing lateral; a City approved contractor shall verify the size of such lateral• and shall provide.proof of Its Integrity by providing a video tape of the lateral to the Depatment of Environmental Services/Engineerfng'Division. 48. Root prune all existing street tree(s)'and install root barriers at Alameda Street fronting development site. 49. Install twenty (20)' 24° box street trees per APWA standards along Martin Luther King Jr. Boulevard. Species to be determined by Environmental Services. A permit to install the trees is required by the Engineering Division. Exact location of the trees will be determined at the time the permit. is issued. 50. Construct tree well ll'covers per APWA standards for existing and proposed street trees. 51. Regrade parkway and landscape with grass on Martin Luther King Jr. Boulevard. 52. Underground all new utilities. Underground existing utilities if any modifications are proposed for the efetarfe service panel 53. . All Edison vaults and utilities shall be placed undergrotund.: 54. A permit from the Engineering Division is required for all off -site improvements. 55. All required water meters. meter service changes and/or fire protection lines shall be installed by the developer. The work shall be perforMdd'°b� a licensed contractor hired by. the deve16per. The contractor musfobfain:a 04"rimit from the Department of Environmental ServieesIlEnglneering Oder tb''pelforthfrtg any work. 56. This development is subject to the City's Standard Urban Stonnwater Mitigation Plan Ordinance (SUSMP) which requires stormwater runoff from the site to be filtered PiiJstleftt M Sectioti' =1b.13 of the ''City for L0Vb'6*.Muit1cipal Code relating to the control of pollutants carried bystormwate� :nfnefi,. Qiural and/or treatment control best management :practices (BMP'sl5' a''maintenenee agreement for the Standard Urban Stormwater Mitigation Plan (SUSMP) shall be signed by the owner(s) and sutimlfted. to, the.Department.of'Environmental Services /Engineering Division. 57. Remove existing and unused wocden:pole located. at the northeast come. of Aiameda Street and 103 Street. 53. Construct landscaped median islands on Martin Luther King Jr. Soulevald between Alameda Street and Santa Fe Avenue.. Plans shalt be reviewed and approved by the City. 59. The developar shall im•a ;tigata the feasibility and impiemantat;on of vacatrno a &action of 108 "' Street vest of the alley and consl uct a street knuckle ro aliminat. Cirough traffic on 108 :.t.w,. This will require I_nd dedication -.,rn the developer. The City vdll review and approve stre,4 knuckle design. 60. Undcrgrcund alt existing power poles iocated on site. 31. The devo'oper is required to submit a traffic study prepared by a registered traffic angineer to determine traffic impact and mitigation measures. CODE! N4'OF CEPSF'v 32. Thy daveloper shall cut bark all cvevgrovm vegetation anhrl &hail remove end junk, trash and debris fhrcughout the property. LOS ANG'E.LES COIN 47Y SW -RtrF DEAARTMt:.1VT 63. No vshk is accaes from F.Irzmeda Street or I �8" Street shall to aiiowed. Inciea_sa t a size of the wu;i and%or add shnubbenr to decrease noise ;ron the business onto 1081' Street as Planned. Researcr , it it is possible to soundproor or re.uce soured past the wall.. 65. kid an interior'itsil or county' =1'd inside the lot and outside tha enirance doors (0 help reduca raise. P6. .nscre apprapriata_ level of lighting in parking lot to, d'Sc6uf ge aheits. horn vehicles or ctimas =gains, perons in the :ot. 67. Ensure adequate interar and exterc: security personnel levels to discouraga crime and inappropriate aclivifiy during all 'hours of business cperation. Assign additional lot security and continuance of current extra:Sheriff's patrol (Vivo (2) patrol deputies 2200 hours until 0300 hours on weekend evenings-(Friday, Saturday and special eventsy 68. ..Add emergency ratites from second story. 69. Install recorded security cameras to interior and exterior. 70. Parking outside the business shall be prohibited or discouraged. LOS ANGELES COUNTY FIRE DEPARTMENT 71. The applicant shall comply with all code requirements and conditions set forth by the Los Angeles County Fire Department, Fire Protection Division, 5823 Rickenbacker Road, Commerce, CA 90040 -3027, (323) 890 -4243. 11 ,-1 -7- Section 3. A copy of Resolution No. ?tine 1-4g,. - and its.conditions shall be delivered to the applicant: - Section .4. Any violation of. -said. conditions In this resolution may result in revocation or modification of the Conditional Use Permit by the issuing body at a regularly scheduled meeting. PASSFD,- . APPROVED ;:AND ,ADOPTED jthis .117' day. of August, 2004 by members of tha Lynwood City Council. ATTEST: ANDREA L. HOOPER, City Clerk City of Lynwood APPROVED AS TO CONTENT: GRANT TAYLOR, 8 rector Development Services Department 8 LOUIS BYR , M w Lynwood Planning Commission E WANG Jc�enn st City Manager City of Lynwood APPROVED AS TO FORM: ARNOLDO BELTRAN. City Attorney City of Lynwood I STATE OF CAUFORNIIA } )SS COUNTY OF LOS ANGELES ) ), the unc;$rsigned, City C:erk fee the City of Lynwood. do hereby ca,fiy that the foaaooing Re.autior, nas passed and adopted by file City Counci; Of the —it,/ of Lynwccd at a regular meeting held on lha ITtt day of _ llugast 2LV0q. 'YES: CU'JSICIL%ER PURTIVA, ROPRIGUu, SAWTILaq, UZQ EZ AM SYRI! :O S: NOV ABSTAIN: ACRE ;3SENT: iINNE City 019*, Gity of Lyn'mcod $TA ?'G OF CA: 1�:O NIA ) �0 CI ?UN ry OF I_LiS ANGELFS ) ! (he undera:,Ped, City C;c-0( Of Ins CiC of n r y Lynwood, and Clekt of fra ,.,:y u:::�rlrn Of said City, co hereby certify that the abovs ",no rorsgoing is a full, trw: and COpy Of = =s,ofution No. 2CC4.12$ _ On file in my Mke 5nd that said reso!uti,n was adopted on the date and by the vote therein stated. Datsd this _L�US_ lay Uf �LU uct _, ?CD4. I y C;edt, City of Lynwood -9- J ORDINANCE NO. 1607 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYN%VOOD APPROVING GENERAL PLAN AMENDMENT NO. 2008-02; CHAiVGING THE GENERAL PLAN DESIGNATION FROM. "r -3" (COMMERCIAL) TO 'T' (NIANUFACTUr $NG), ZONE CHA21GE NO. 2008J)3; CHANGIi ,'G ' THE ZONING DE-SiGNATION FROM ' °i -•3" H.°w.�A1Pe- ''.0MW iiRC3 L) TO "M" (IMANUFACTUR17. G1. IN CONJUP)CT IC'N WITH A ROJI_CT PERP iTTING A TRUCK STORAGE fACILWt, LOCATED AT 10700 .AL}ti._DA A IFNIJE, FURTHER DESCftiSED AS ASSESSOR PARCEL NW.11 IERS 6170- 002 -026, 034, 0326, 035, 037, 038, 730, 0:40, 043, CI'T'E OF LYNVVOOD, CO'uwf Y OF LOS ANGLES, STATE OF CALirORNIA VVI-iEREAS, on December 31, 2008 the Site Plan ~2view Committee recomnnendcd approval of the project to Operat° a truck stfi ay'e subject to Covditirnol Us,e Pe�mi fdo: 2008 -11, General Plan �endmene 2008 -02, gone Charge No. 20CG- 03; and WHEREAS, the Lynwood ;Manning Cornmissen, .pursuant to law, an Jana ary 13, 2009 cond4'_ted a_ public hearing and .o,ntinued the item; and 'VIr(Ef5'EAS), the Lyn-,vood' Planning Corlirnissi::n, PLW51.13nt to !aM% :;;;I ?;±iaC• :t a 6uly nofoed Public hearing On JF ebruarj 10, 2009 or!d has Carekll y comS; tiered :ill :-'raj c,,nd N /rltien testimony Offered at the publl• hearing mgard ing approval ij, '..e - iraiect to yrj4' operate 2, trick .torngs subject i0 Gondliional Use Perm!t No. 2008-11, Genarnl Plan A.imendment 2.008 -02, Zone Change No. 200e -03; and WHEREAS. the Lynwood City Councii, pursuant to !aw oinducted a duly noticed pub!jc hear ng on March 3, 2003, and considered all oral and written lestim ny offered at the public hearing: and WHEREAS, the General Plan Amendment designating the subject property as "M" (industrial) and Zone Change designating the subject property as 'M" (Manufacturing) were environmentally reviewed and approved September 16, 2003 as part as the General Plan Update pursuant to the provisions of the California Environmental Quality. Act (Public Resources Code Sections 21000, et seq. ( "CEQA"), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.) (Collectively, "2003 General Plan Amendment and Zone Change "); and WHEREAS, the City Council passed Resolution No. 2004 -136 dated August 17, 2004, which contained a General Plan Amendment changing the subject property as "C" (Commercial), and Ordinance No. 1556 dated August 17, 2004, which contained a Zone Change changing the subject property as "C3" (Heavy Manufacturing), and a Negative Declaration under CEQA was prepared, indicating that the General Plan and Zone Change in the subject property may have had potentially significant impacts on . the environment but mitigation measures were incorporated to reduce the' potential Exhibit No. 6 significant impacts to a level of insignificance (collectively, '2004 General Plan Amendment and Zone Change"); and WHEREAS, from the date of the passage of Resolution No. 2004 -136 and Grdinanca No, 1556 to the present, no action or use has occurred or been taken 'at the subject property, and no environmental conditions have charged, pursuant to the 2004 General Plan Amendment and .Zone Change uch Mat the ua of the subject property remains the same as those uses pen-ntted under the 2003 Gernrai elan Arnerdment and ZOne Chance, and the environmental conditions remain the same as those rev: e:ved under the General Plan Update of 2003; and WHEREAS, because the use and envi:rnrrtentai conditions in and around the subject proper i'v are the sarno as those uses and envir•^rrnental conditions perrnitted umder ti,a 206 General Plan Amendment �•nd 7nile Change and the environirentai r`?: ; -.Vv i)f the Gar•.eral Plan IJrdate Of 2003, the Development Services epartn':erit h:)s dxaternnir ;e.f t. t the proposed General Flan Aanendrnent No. 20`)8 -02 and .'Zone: Change ,N 2x')8-)3 will not have significant impacts on the envi ne . and is � n ' . � anr, n: ., Cat...g„rtr',ly c.Yeimpi under Section 1533:02 (a, b, c, d, and e), -ie.? %inyt. The Lynwccd City Council hereby T!n ! ^a and {tBt8r171in c,� as 101ows: That the pr,pose'd ainendnient is in the public ir• °(eSt and that be a COMMunit`l lbanefit ras!.it;ing from tha aM.andmert. r� IJ B. That the proposed. amendment is consistent with the goals, policies and Objectives of the general p1 -an. C. That the proposed amendment will not conflict wt, ptoriscns of ti?is zoning coda, .subdivision reguia_ions, or any app;icable specific plan. D. in the event that the proposed arnendrne,d is a change to tl•,e land use policy map, that the amendment wii! not adversely affect surrounding properties. E. That the proposed amendment is consistent with the goals, policies .and objectives of the general plan. F. That a proposed zone change will not adversely affect surrounding properties. G. Proper and reasonable provisions have been made for adequate ingress and egress to the subdivided lots. H. The proposed General Plan Amendment No. 2008-02 and Zone Change No. 2008 -03 are Categorically Exempt under the California Environmental .0. E Quality Act (CEOA), Section 15332 (a, b, c, d and e) and a Negative Declaration was noticed as required by CEQA. Section 2. The Lynwood City Council based upon the aforementioned findings and determinations, hereby approves General Plan Amendment No. 2008 -02, Zone Charge No. 2008 -03 changing the general- plan designation'from "C -3" (Commercial) to "I" ( Manufacturng) and zoning designation from "C -3" (Heavy Commercial) to "M" (Manufacturing) for 10700 Alameda Avenue (Assessor Parcel Numbers 6170 -002 -026, 034, 035, 036, 037, 038, 039, 040, 043). Section 3. The City Clerk is hereby directed to certify the passage and adoption of this Ordinance and cause it to be published or posted as required by Law. First read at a regular meeting of the City Council held on the 3rd day of March, 2009; .and adopted and ordered published at a regular'meeting of said City Council on the 17th day of March, 2009. ATTEST: r � Maria Quinonez, City Clerk /QQuuinonez, City Clerk APPROVED AS TO FORM: -- , '.;�4, Fred Ga ante, City Attorney Ma a T. Santillan, Mayor w APPROVED AS TO CONTENT: Jo than Colin, Director Development Services STATE OF CALIFORNIA } COUNTY OF LO;, ANGELES } i, the undersigned, City Clerk of tie City cf L.ynwood, do hsseb ;s. °ify h tt t :4 .> ogre and foregoing Ordinance was duly adoptad by ±h C:6�, Council of the City c` Lyn.rvood at its regular meeting haid on the I?." day of March, 2009. AYES: COUNCIL MEMBERS FLORES, MORTON, €itJDRIGUEZ, CA TRO; AND SANTILLAIN P 0Ea: ABSTAIN; to 'ENT: - -• 2- r?ui.ronez, City C leri< S:iA RE OF ;<t'iLiFORMA } )3 COUNT OF LOS .ANGELES ; I the undar red, City Clerk %;f r 4" „ , � , e .t .: s.g ,., ins ,.,r. -- he :il, .,i i.yn,v+�;�,. and �,,rk f thz. City Council cif said C; "y, dr, nereby certify that the above and fr. rwgczi;:g is a still, ;: ue and, currec',, copy of Ordinance Not 1307 in -,y office and That said Ovlinano3 ''was adopted on the da e a.,d by the vote therein stated. Dated this i7`h dray of March, 2009: Maria Quinonez, City Clerk C�\ t J RESOLUTION No. 3300 A RESOULMON OF THE PiJAHNI,"G CGMdMISSIOR OF THE CI""Y OF LYNIKOOD REC:QrvSlLt040IN1 APPROVAL TO THE CITY ^,.G'LDiCIL Cr i?iE CITY Or L Y%UNT.IIOD OF ZONE 'C.A. iGE No. 2012 -01 )'O tti.'_G ?CE THE piROFER l UXAT_0 AT 10790 AI_AMEVA aiRE£t FROM 7^ ANUF'AC!'s:t!^t."iNG (Mg.) `0 Hf :AVY''.OM-MERCXAL iC.a) LN C)A"R rJ RT-' ;k :L-SN A . +U rAUR. N'T AND '•+N�U£r :s71:1ZfY dUiTm A TYPE 4? ALCOH" LTC SEVE2A137: :::ONT�ZOL 10CENF.E X.118 TO APXi PT P=rSt;CIATED M:r7'uA.TE;9 kECT Y'tV JI f -1s RA1iT�N . +UN ivO. 5370 -O4D2- ,4S.) yti ;HSRS'S, the _r1v+OG'd Pfatti';ng Comml >5ir,r, q,p5uc)n! to !:TN, on G�,rembel- pubs he.arna and T;IiE:QP.C/ 0 ccmineil::" reconirne.'1uations _a."rg! ;i 'r.S and canartiEd a ie Item; 'Cd the y{{:n:'i('a !'f; r;l:lG l.! ?G:nt1 :_iG:i, pui 3�:ant CG 1G4v. 0;1 January .0 ;:C '.?i. 3 p'.iGli:: )7a7ir;i i!7 3i'ri iS:d.,:ycli 511 COldn + °nFS. TBrtA'nr;:P.rllatlpfi5 ai:f1 ao li;:;ln1: ;g pro CSI trl rezo.,- `.lie nrr e cit ? 07 r a V erg ti' `! i0:.: �• ::t 1.7. GC `.O H-wy (; ornr ej'Clai (C-3) In crL'F: to bti ... '.t. , pr,f aFv >JAn.:d " °�idc!Ili'/ \`: ;'h d Tyn.: q„' �:L a1:�nC Pi °':ef >�ye C.'d n�i �,��`t4) iic.:!'-sa Wl:ri': j �'arA.rlt a± ?;- ..'8�l;iOf "cC 53; -1Si .Sf•U2;lc? C'tCT; Cd2�....R.G('. :r:'_.._.11i.'i t;aii.iif'G, Yi:fi� °�'. t' r•�rlir;g e-�.. ': Sir! S`,�%'1Cn[ k$, is :it -:'own r °_st ! rant ar d :,nqueF ^e:+lit`j /it^ 8 Tt�ge �: A:i% II':.2::SE ar8 L^,f i:'tlCn::11V permlt?ed i13e:i 'Nib �n the F;= N/ 0,inn erc' i (L -31 "Cite: and 'le 3-rl r (it, iF.?; tp r[ : a cC@ i tt ifs esFzs u _ ,; a s s restdei _ ,basin :<.,, anil -Inc gi -oup:i -Al ;ni adc:ticnal dinning and putlic '.S >::f:':'IV a; bons, 3 v. —V its tp eii inate 0,]ht in the fora u:rity: a d S`%HEREAS, the 0evelopmert Seriic_s C-ecartrn�nt rondlxred an INUE;l Study, as requireA under the California Environmental Q Iltj Act i CEQA"), and ilas deter-mired that the project may have potentially significant impacts pertaining to Land Use and Planning, Transportation and Circulation, Public Services, Water, Hazards, Noise and Mandatory Findings of Significance; and WHEREAS, mitigation measures and conditions of approval have been incorporated into the project that would reduce potential impacts to a level of insignificance and therefore a Mitigated Negative Declaration was prepared. NOW. THEREFORE, The Planning Commission does hereby resolve find and determine as follows: Section 1. The Planning Commission hereby finds and determines as follows: A. That the proposed amendment is consistent with the goals, policies and objectives of the general plan; If Resolution No. 3301 is adopted by the Planning Commission, the General Plan designation of the Subject Property will be General Commercial. The proposed restaurant and banquet facility are uses that are 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 restaurant and banquet Exhibit No. 7 facility-with an ancillary alcohol license provides a dining option to the City's business and manufacturing communities along the Alameda Corridor, which currently lacks viable restaurant establishments. Additionally, the proposed project provides a dining option to all City residents, particularly in the vicinity of the project site. The restaurant and banquet facility will be family- oriented and open to all age groups. B. That a proposed zone change will not adversely affect surrounding properties. The proposed zone change will not have an adverse affect on surrounding properties, as a detailed list of Conditions of Approval has been prepared in conjunction with Cty Departments, including Public Works, Development Services, and the Fire Department Proposed conditions of approval include requirements for the implementation of a security and on-site traffic plan, additional on-site lighting, restricted hours of operation, and the installation and placement of and - loitering signaae throughout the Subject Property. Additionally, the Subject Property currently has a ten -foot (101 masonry wall around the perimeter of the Subject Property in order to minimize impacts to adjacent uses. ztion2• The Planning Commission of thee City of Lynwood hereby approves Conditional Use Permit No. 2012-04, subject to all conditions, restrictions, and limitations set forth as follows: r ;K41ZI Aa I V U r. 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. 2. Any subsequent modification of the subject site 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 Zone Change approval shall lapse and become void one (1) year from the date (January 2, 2014) 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) 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 application and pay a fee of $1,154.62 PLANNING DMSION 6. The applicant shall comply with all Pstabliched mitigation mpaairec irientifieri in the project's Mitigated Negative Declaration as well as herein, including security and traffic plans. Any modifications or alterations to established mitigation measures must be presented to the Planning Division for review and consideration prior to said modifications or alterations. 7. The existing Truck Storage as approved b y Ordinance No. 1607 shall be terminated before a Certificate of Occupancy is issued for the proposed resraurant and banquet facilicf. u. The sturu:]e '6Ullding shall he repaired aiii mr?ode!`:d as w conf:)I'm witi•: the oroposeC :olrrs, textum-S, iC3tures or -. •Ie fayade improvement on cha 37, 3477 sq, ft. buildir;g. 9. ..:;*peci3l perll1It fr'" tte 01! 0,)urdl of the City of Ly'r1wood s required for ell liV:? ent3rt- Nwnent. Dancing shall t:e lirn tc- -6 CU G e bar -quet fatuity and the resta:!rant only when the ren:3lll dlt S lensed ill '•W.hl the :arlquet facility, here shag De no daM)ing 3s an arv.JIlor9 use. with f e) proros;d :'±?sll:f2nC. 10. Ail sccees :ntu -he S-:biect Prcne: y shall �t;: fmm Ma: url LutM..r King, Jr. -Ivc'. orb /. Th=, _ silGit tie no : rc'ss of '•.4- `tr;:.iES frool nlaincda St, or 108:' S.ra?t. 11. T ilere Snail Da .go ou 1151Ce PEAK, Rvenis or dancing. 12. i m: arol' cant >f` El au meet arf < r zwir 7)lr. a!! 9tti ?I':u:' ilgCtln'.j 'r/..1in Ct`:E n.7f ;;n'a Jt and ar,;urC: �'O _�C'IP.as. IgPy ^.; Si!a ?I ila [,crecred. nd • "_!rectei aw,3y -.Tian fi.-git° CO 3 .::- ('OL:L' 'arr!I`/ ucle:i ed rescwtlrant ;nd iusz(. ii;ali y ch t I:i' to ine 0a;ei',iico -,,f a iii jhC ^Ch,;;7 or 3n G-)nO nail is pr G.'llbi2ed. TI'e iiliblai = =lnj Cf file r °otc Jt°.''t ?i1.] p?nG•rEit r3C1 Ry ( - rant -terS in ordw to operate a 1'1irllt-clu'- is Jriinlv c NbitZ -J. 14. . bends ;;anoklei f"'161^1 311,111 Je iirrlli:�ic; to priv ?vd engagements, including iedd ings, ammvef3: d:es, buslll£5s mEEiir gs ar,d cnnver6)ns. .:lire snail be no "dow fee" °mauve' char ge' or relc 8d �!n0'ance f2a Imc; Life -' banq: et face ^/. :r,,.- 1'.le�z .,;.lir'.� -9e :tG }= F� #+�:t}r-t/�Htf!ifF}-�*-tti2'- "a iwtlfdnk-H, F%.'ri':•.j'd�'E �i?rliisT —�f,.? CrL4Mt61QNA!ITgM Mi, 1r2Gii. 17. Any music or noise shall conform to the City of Lynwood's Noise Ordinance. 18. The applicant shall post signs within and around the Subject Property stating that "loitering is strictly prohibited" and shall enforce such polity. 19. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 20. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. 21. There shall' be no pool tables, coin - operated games, or video machines maintained upon the premises at any time. 22. The premises shall be maintained as a bona fide eating establishment and shall provide a menu containing an assortment of foods normally offered in restaurants. 23. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance. 24. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 25. The applicant shall submit a detailed sign program detailing all proposed sign locations, sign types and colors. The installation of Flags, A- frames or painted signs Is prohibited. 26. The applicant shall obtain a business license from the City of Lynwood's Business License Division prior to operating business acdv!ties. 27. 4!I banquet everts a_rd activities shall be limited to an area of 8.200 square fe° as fad on the approved plans. No ba n uet events shall be permitted in the restaurant or 2no floor office soace CONDITION ADDED BY THE PLANNING COMMISSION AT ITS MEETING ON 1128013. 28. 29. tLQ!jjfv o[Qoosed cundition of approval No. 15 in Resolution No. 3300 and 3301 as we!I as condition of poroval No. 13 in Resolution No. 3298 to read as follows: there shall be no 4 hour operation of the restaurant or banquet fagility. The week The sale service and consumption of alcoholic beverages in the banquet facility shall be permitted only between the hours of 5.00 p.m. to 1130 p.m., Friday through Sunday. CONDITION ADDED BY THE PLANNING COMMISSION AT ITS MEETING ON 1/28013 BLIC WORKS DEP 30. Reconstruct full width of sidewalk, along: Martin Luther King, Jr. Blvd 31. Connect to public sewer. Each building shall be connected separately. Construct laterals as necessary. Minimum size required is six (6) Inch. When connecting to an existing lateral, a City approved contractor shall verify the size of such lateral and shall provide proof of its integrity by providing a video tape of the lateral to the Department of Public Works/ Engineering Division. Video taping and verification of sewer later size and conditions must be done in the presence of a city engineer/ inspector. Any and all existing sewer laterals less than six inches (60) in diameter shall be abandoned at the property line per City instructions. 32. Re -grade parkway and landscape with grass. 33. All required water meters, meter service changes and /or fire protection lines shall be installed by the developer. Each building shall be connected separately. The work shall be performed by a licensed contractor hired by the developer. The conjactor must obtain a permit from tl•Ie Department of Public Works/ Engineering Division prior to performing any work. Ar,y and all - :xi ting 'N-ter semce lines :Ess [;pan inn -, inch r 1' j in diameter snail he P: i ?lf- water !Ft,3'iG rr-r pity irsfi. =i;ci' ors, cads buildirg / *e :ront Sn3 ?I "eve its Own 'pater 'zer'A ". ("Or9r. 35. No r4il Sign W -Mali N- green unO 911 crCndihors & app:'^_' :?l fr f . :`Ile !, ;;b;IC "V;rrs Depa-[ir.ent rave been corrtpl_ted. 3]. 36. G) 1J;D ii)N A�XFT) EY _"N'2 iG 41_x. ' :•' ?. ;F!Cr %d3_.i'__ZT' -'.±� ?Si 'id %! %•�_ge L. =n�i� �n S0='r' 3i_.' °t_pr_r_kfa ^l ?eC.)a_ ?il ' ? rr 5 -- 1._ _ c : :��.3'F_.0 =11 � "r �r$r �_I �I`' ?._s-1i'd— ;)i_iicZiV `in. r:i) G`f CIF i�lr!•_i 3pif -M� 3•.�: 1� +1 �.'lal �� `I ,11 40, Th apoiiC 5 ha ?1 nM i ^�e�lr. nir ;;eqf fwd_ r2) se;Fjnip ers�`rLael krirl restaurcrit _�urs and banruet everFL. T Fe appi r�lnt sf,ail consuit t ^iiGi the Sherri'; Department 'efvre the contradinu of private security services. CONDMON ADDED BY THE PLANNING COMMISSION AT ITS MEERNG ON 112/2013. 41. The applicant shall be responsible for the funding of the placement of an ASAP camera at Martin Luther King. Jr. Blvd. and Alameda Street in order to monitor vehicular and pedestrian traffic. CONDITION ADDED BY THE PLANNING COMMISSION AT ITS MEETING ON 1/2/2013. BUILDING AND SAFETY OnaSION 42. The applicant shall submit a construction plan and time frame for exterior improvements prior to the issuance of building permits. 43. The applicant shall be responsible for paying all development impact fees, art in public places fees, structural plan -check fees and all permits including all expired permits. 1>•-- _ It--- _ -`_ 1 L, x.17�l� t_ _ ty ' :•' ?. ;F!Cr %d3_.i'__ZT' -'.±� ?Si 'id %! %•�_ge L. =n�i� �n S0='r' 3i_.' °t_pr_r_kfa ^l ?eC.)a_ ?il ' ? rr 5 -- 1._ _ c : :��.3'F_.0 =11 � "r �r$r �_I �I`' ?._s-1i'd— ;)i_iicZiV `in. r:i) G`f CIF i�lr!•_i 3pif -M� 3•.�: 1� +1 �.'lal �� `I ,11 40, Th apoiiC 5 ha ?1 nM i ^�e�lr. nir ;;eqf fwd_ r2) se;Fjnip ers�`rLael krirl restaurcrit _�urs and banruet everFL. T Fe appi r�lnt sf,ail consuit t ^iiGi the Sherri'; Department 'efvre the contradinu of private security services. CONDMON ADDED BY THE PLANNING COMMISSION AT ITS MEERNG ON 112/2013. 41. The applicant shall be responsible for the funding of the placement of an ASAP camera at Martin Luther King. Jr. Blvd. and Alameda Street in order to monitor vehicular and pedestrian traffic. CONDITION ADDED BY THE PLANNING COMMISSION AT ITS MEETING ON 1/2/2013. BUILDING AND SAFETY OnaSION 42. The applicant shall submit a construction plan and time frame for exterior improvements prior to the issuance of building permits. 43. The applicant shall be responsible for paying all development impact fees, art in public places fees, structural plan -check fees and all permits including all expired permits. 44. The applicant shall not exceed building occupancy loads as established under California Building Code, Los Angeles County Fire Code, or which may be more restrictive based on the recommendation of the Los Angeles County Sherriff. 45. Applicant/property owner must provide a copy of permit card signed by all other departments prior to scheduling a final inspection 46. Ali 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; — !n 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. LOS ANGELES COUNTY FIRE DEPARTMENT 47. Tt.e Applicant shall comply with all code requirements and conditions set forth by the Los Angeles County fire Department, Fire Prevention Division, 5823 Rirkenbacker Road, Commerce, CA 40040, (323) 890 -4243. Final approvals from the Los Angeles County fire Department must be obtained prior to issuance of any building permits. Sectio> 3. the Development Services Department conducted an initial Study, as required under CEQA, and has determined that the project may have potentially significant impacts pertaining to Land Use and Planning, Transportation and Circulation, Public Services, Water, Hazards, Noise and Mandatory Findings of Significance; mitigation measures and conditions of approval have been incorporated into the project that would reduce potential impacts to a level of insignificance and therefore a Mitigated Negative Declaration was prepared. The Planning Commission finds that the additional conditions of approval clarify the already existing mitigation measures and are effective in mitigating or avoiding potential significant effects and will not cause any potentially significant effects on the environment. Therefore, the Planning Commission adopts the Mitigated Negative Declaration. Section 4. A copy of Resolution No. 3300 and its conditions shall be delivered to the Applicant. APPROVED AND ADOPTED this 2nd day of 7anuary 2013, by members of the Planning Commission, voting as follows: AYES: LANDEROS, YOUNGER, ACEVES, WEST NOES: BATTLE ABSENT: ABSTAIN: L RESOLUTION No. 3301 A RESOLUTION OF THE PLANN"NG CAM?4MION OF THE CITY OF Lyl4tY4000 REC0,4Nr,ff497NG APPROVAL To Yrile 1-17Y COUM Ii. OF rKE CI;y OF f ^yVil"11 0V Of aa+Er4r -tAL PIA'N AMEAIMMC-N -f W. 2012-02 TO Z;NiANG,c T'r:ie GENERAL PL;00,-PESIGNATI -01I FOR 'riiE PaC. P.`: Ty LUCAT!" AT 'ag7 fit) A .04SDA STREET FF1,004 1NPiZ1rR1AL 'TO r- OM:+:r =RLCAL IN ORDZR TO ESTABLHSH A R' Sl'A :SiEh £r AND i#k i lJC T FACTIJd f *A;.TTN A 7 "(Pc 47 ALCn:E(XIC 3'E.V00.GE COINTR,0L 3 r:wt9f AND TO a170P7 THE A$50CIA7ZO 1+3i :'IC;:ITEJ C Era'Al ',' Din-':I %qAT -40H tAPN NO. 617D- ''idL2R._: =\5, Cr.P LynY:C!iC P!ann`.nq Ci-)ro!ri-sion, pii si n—, tC law, on Deri,:ml:,y 1 Oniil:tt5'i a r. i and c::i f!c "da 7,17 cOrrtmenis, r°Ccnimer dl 715 a",J crinit hued Cre ;ird 'VN'EP-E• ?`y tre •_YnVr':'.r, k�linnln LOn'a4 i5!vn, OL1,5want t3 %awc on 17E1Yl :dciry Luci i e<lring _:... ..iil tfEA: he 3C Ji'ii.'.ilt i= CY'G :',L) in c^anC:- i^•e-. iei)pra! Prjn (;.- �'+�n''1 i:J,, :)r Al `[-'m :i7C'.i.'Ti8? 5:j 0-:rirner -;al ii? Oruar , ?n4:I .. th&t both tS'.. ,::Eff.ol d: Plan j;r >giot;: }i:::! %i i")r "ha 'I. ^; C:''.' PTNem .. cnn-jisLir.t .i':h the i_' f0:t?urant :Iii '%'2nquet 'ilC',ilr -j .':fCi1 ;J vi'• =17 4ic•cnclli_ ;iavcr'_Qe ''` -"t r;' r.r.. -t is f ua-. f7 ^t. -'wu ,torp Vf�.L:)Ir: a V'i�ciL a rJ :913; °i:[J�J.. .',�.�y . ,.sC•lai k:ui.0 i., aiar�c�_ 3r•,' �afzic:c areas; an;: tyt•`S EP6, 't?a Tpr:);i;h'P8! C 311d iiG'..n51 ^•� of U 5t4jr;ivn o!st3�.irar••t and ::angilat ",JCiiit4/ 7vitn $ T `yjY-- 47 ABC liCen50 ire 13rYJ °.S@5 .;in 7i °_ y'iiliCiJS dnd •_IOi;75 Cr t :ne Cit; % >'a?fz `! Mat}; and .. •'4HEREAS, till' »pp;!-ant seeks 0 pra,!de the :ty's resi<:eiiu, businesses -3nJ CVic groups </i h additonai din6111g and public assembly options as v,ell as to eliminate b!'s,ht in the community; and WHEREAS, the Development Services Department conducted an Initial Study, as required under the California Environmental Quality Act ( "CEQA ), and has determined that the project may have potentially significant impacts pertaining to Land Use and Planning, Transportation and Circulation, Public Services, Water, Hazards, Noise and Mandatory Findings of Significance; and WHEREAS, mitigation measures and conditions of approval have been incorporated into the project that would reduce potential impacts to a level of insignificance and therefore a Mitigated Negative Declaration was prepared. NOW, THEREFORE, the Planning Comimssion does hereby resolve, find, and determine as follows: Section 1. The Planning Commission hereby finds and determines as follows: A. That the proposed amendment is in the public interest, and that there will be a community_ benefit resulting from the amendment; The proposed restaurant and banquet facility will provide additional dinning and public assembly options for area residents, businesses, and civic groups. The parking lot of the subject site is currently being utilized as truck storage, and the Exhibit No. 8 I 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 General Plan Amendment approval shall lapse and become void one (1) year from the date (January 2, 2014) 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 (30) 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 application and pay a fee of $1,154.62 PLANNING DIVISION - 6. The applicant shall comply with all established .mitigation measures identified in the project's Mitigated Negative Declaration and herein, including security and traffic plans. Any modifications or alterations to established mitigation measures must be presented to the Planning Division for review and consideration prior to any modifications or alterations. 7. The existing Truck Storage as approved by Ordinance No. 1607 shall be term!nated before a Certificate of Occupancy is issued for the proposed restaurant and banquet facility. 8. The storage building shall be repaired and remodeled as to conform with the proposed colors, textures, features of the facade improvement on the 35,357 sq. building. 9. A special permit from the City Council of the City of Lynwood is required for all live entertainment. Dancing shall. be limited to the banquet facility and the restaurant only when the restaurant is leased in conjunction with the banquet facility. There shall be no dancing as an ancillary, use with the proposed restaurant. 10. All access into the Subject Property shall be from Martin Luther icing, )r. Blvd. only. There shall be no egress of vehicles from Alameda St. or, 108th street. 11. There shall be no outside music, events or dancing. 12. The applicant shall augment and maintain all exterior lighting within the parking lot'and around the business. Lighting -shall be screened and directed away from all adjacent properties. 13. The project approval is limited to a sit -down family oriented restaurant and banquet facility that is open to all ages. The operation of a night-club or an exclusive dance hall is prohibited. The subleasing of the restaurant and banquet facility. to promoters in order to operate a night -club is strictly prohibited. 14. Events in the banquet facility shall be limited to private engagements including weddings, anniversaries, business meetings and conventions. There shall be no "door fee ", "cover- charge" or related entrance fee into the banquet facility. .,,L Rq.,F., h . be ne 24 Tpvr opervavr vrzr ., everyday the weele. The hews ef o6eFatiafi faf the banquet fablity shall be 10:00 a.Fn- ts ELIWC VRKI DC°?Ai2TM1ENT 3C Ra4Jn .4yucz foil width U? 44iincin Lut .er King, jr. bivd. 31. nn2CY tJ pU l!'C s2W2r, Each oi:iidirq s:.ali he rcrf ed separ7el �Y6t1i :r :Ct later ?1s 9f, recessarl. MYnimu.m :fte rE.!Uired ;3 SIX (6) Inch. VvI-e7 conneCa: "g co 3n a ^.ISCIi ?g la�niiri, 3 r! j cCCYJved cor.G"i]d:Uf Shall Jzaril5/ Li'.e Size of SUCi1 !atenl and shat =. Qmk�cje ;�nXxf of its ;; *.eciY+h• Icy providirg a vrdao tape of the ;ateml to We Oe"%.1rtm vt '_f Put!ic WcfkV =r. ineeiing DOAc. -wn. Video tapines aml veIWjca�;C.'t tr ;zvyer iatar site ?,-,i f :ordi`lons muit be done in 4: SO pr+_;er. -C" i-X a L4t.'•1 aIghwwr/ im;ci tne. Any and ail .:xing .sexier latert.i5 613r! s! ?t iflr!mBs t,6��) in iTa"f-pter St.i!il be nbarn9an y , -.t *e ,:,roper"y line !F:i 22. 7r -{ rad1 a rP3,,,, v4:!y and ; ;iilesc$pe tYl h grass. 53, i -1 ;Tad vvaear mel.ers. meter G it \? c!1 nnes iinc.jnr 7Ire JrCtv.cUoii le._.. ra::n buk.:Im i si!i!ii tl,! o :nne --'ed 3:'y,riitei}/. by a d :'OvJ�-etCt 11r9'j by r :�,•.•F'. :G(2f. T it? Ct,',iC'__.:!r mu. ;1Ci.alfi 3 Di'.fi";I :. fmrq ;.ie L!<,r..3r'r1Eni Of h:: i3iil' l.C•vi ,_Ogirf_r rig I !k:9,GYI Jr :Or 'o any vvoik. .5, ^,y :"od ,9i; : ?i:ISL'.ng w.!Zer 5- ' :iYce !a's a vn Tide 'ich (1. ") !r. ;Iianletk:r -;hpil at ti :? v,,a!- ?r 1- in !me per C!SJ I, �St; J :'11r•r,S. �-?l'ii i; :iilili:^'g /.'.ql;i; 71: Shah f1 .!n its '4.'!: yv.3Cnr Spr'4c,!imetef. =r. No off s� �aii i)e yi'i:?i7 until all CCnd;t oas of appvovai ffUfn the i':.Ibli•_ h9orKii ! epa12rn2Et hzvP been oomfii; {tE d. 36. 37. 38. 39. 3._`er+U_ISi :U r_. (1.,;`d ^s :?j`it'!_.'.^( AI3,11t�d 3_ 5C c`f_ a' YJ tEk7.u:',' !e� u' ^5G �r t Cff _4. YiQr, jEQ_$ISC�_c iiiln(yys_s? ?f t� �[ = n'gnee s :i vu !c rwz. ELL( THE PI�NPi t`. 1G ,', :f'. :'�C�IT'S:I��?1 Aj= T,_MEc]1NG QN ON 112/2013. THE PLANNING COMMISSION AT 1TS MEETING ON 1/2/2013 Increase street light wattage (LED) on Martin Luther IGng Blvd. between Alameda Street and Santa Fe Avenue to improve night time visibility. CONDITION ADDED BY THE PLANNING COMMISSION AT ITS MEETING ON 112/2013. The Planning Commission finds that the additional conditions of approval clarify the already existing mitigation measures and are effective in mitigating or avoiding potential significant effects and will not cause any potentially significant effects on the environment Therefore, the Planning Commission adopts the Mitigated Negative Declaration Section 4. A copy of Resolution No. 3301 and its conditions shall be delivered to the Applicant. APPROVED AND ADOPTED this 2nd day of 3anuary 2013, by members of the Planning Commission, voting as follows: AYES: LAN DEROS, YOUNGER, ACEVES, WEST NOES: BATTLE ABSENT: ABSTAIN: Ken eth es-t, Chair Lynwood Planning Commission Jonomn Colin, Director Pam Lee, Agency Attorney De4elopment Services Department Planning Commission Counsel �r RESOLUTION No. 3293 A RESOLLITION OF THE PLANNING COWMESSiOPI OF THE cmv OF LYNIX000 APPROVING C'CiiOT 1t3NAL USE PERMrT Pitt. 2012 -04 TO F5- TABL?SH A U.ST URA,iNT AND 8AP7+^1itT rAa"' -fY WrTT :9 A 'fi fP'j 47 ,r;fl SALE GELI ::tAL MDR &0CN14 :10-= Y,UBL'C Fa17 zNG PIA'X) ALCOHOLIC 13r,C•EFaA,3Z fii}�+'iRwt '!Cr . NSF AT 10)70/© AL1tP`i£S.!A r"�:�EY k„La'l,^ FCii:L"T I - 155%?. f1T *i3 ITiCA7M19 lFFra 1'tT lr D£C'U.P1%TV):N iRaN WD, S12il- fici2 -44'si kNIHEREAS, the lvrwoo.•f Plarin'rg Commission, pursuant r.:, law,, on Cecernbk r 11, 2612, :.. ^.:n ^us ed a pubilc tie ring and coleMA ail ca,nmarit,5 ,eccmme;:dsaors , - :i iy,e r ^,ns and continuer; r',a i;ern ,.;rd;; -2nd ':t {:'i.Ch..r}� \, tre iyriwC@ :7 P;- 'Oning l.- mmizilun, pur-,;t'an {. ii? +a`d /, On .br•.`,t!: i•'_V a pUrliC he - :'r•3 BnCI ;•7i =C r•d al' J,l i',n'tc(:Gi, ._ : :G(RTf'Rt3�CO3 }:i and s r;g; v ens; s:nd zh-2 applcaGt .: prc '?S:Iq a ..`. ab :is1 3 SIt -uGW(t ;rS�-UrnnY and 47 j %,i•! a2ie Gene -a; :r 5cra Fid iii l..L .S+rT i ?iSC': -) }Z';.G :1Pyli% t$Rw Con, of Lr-nsa a .aca7,. air' JGi :i iuLvr,9C1 5,35 storard and ii ?rIlfig ur bi at 107! 10 Y,i3i18�7 .LF °_9 °: �,a153O_SG" :5 iT3r�'tii 11G. 'JSi1i °(;ii_; F''QS i iUo'e Z `rr'`il °r�`f' j, o'F' r5[,Ihhl :1P�.! i <1 fre +tl :fir. r'(}ii1n.,5' Ci l_ {liti: c 1..: :... •n .re_ ]`r; •.Ge�•.IrrleCVlt2.l �\, ;�H 'S.tiAci, i` °- �pl);ICant S+i`EIl.S :G J-1e l ty.S r °_a :'eni_' ;y!i53f!2.S_. 5, and : %A' Cjr':Crks :•'f.':? k'Ld,Novai .iindng and u%Jk 3s5'ii :ihi! cpbor", a_ well as co a140!rat , . bc9 >`4 n ma c :;mr.!i rc;; ar ' `ii- llcf• :i; ate D—fievopr}znt Sar•. =e5 ..l '^.itial 5:udv. _, r(!quircd un;,• °r t;x - asiiornia Frmronmental Quality A-- ('C'cQ!'i, and has deternored (.'}ai lye pro; eCt roa\i :Save ,r,4t9r-dally SlgMf1.Carit 7 :facts pairing :o Land ttse 3rY•i ;11anning, T'3:15pOr ctlG:l and Circulation, ?!!biiC J2NiieS, 'iVdC P, HdZato NOlse and Mandatory Firdings of Significance; and ` WHEREAS, mitigation measures and conditions of approval have been incorporated into the project that would reduce potential impacts to a level of insignificance and therefore a Mitigated Negative Declaration was prepared. NOW, THEREFORE, the Planning Commission does hereby resolve, find, and determine as follows: Section 1. The Planning: Commission hereby finds . and determines as follows: A. That the proposed Conditional Use is consistent with the General Plan; If Resolution No. 3301 is adopted by the Planning Commission, the General Plan designation of the Subject Property will be General Commercial. The proposed restaurant and banquet facility are uses that are consistent with the City's General Plan. Goal LU -2 of the General Plan encourages land use planning that accommodates the Citys needs for goods and services. A'restaurant and banquet facility with an ancillary alcohol license provides a dining option to the City's business and manufacturing communities along the Alameda Corridor, which Exhibit No. 9 4 2. Any subsequent modification of the subject site 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 shall lapse, and became void one (1) year from the date (January 2, 2014) 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) 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 application and pay a fee of $1,154.52 6. The applicant shall comply with all established mitigation measures identified in the project's Mitigated Negative Declaration, including security and traffic plans. Any modifications or alterations to established mitigation measures must be presented to the Planning Division for review and consideration. 7. The existing Truck Storage as approved by Ordinance No. 1607 shall be terminated before a Certificate of Occupancy is issued for the proposed restaurant and banquet facility. 8.. The applicant shall install decorative security gates across driveways. Such gates shall be dosed and seared during non - business hours. The applicant shall submit plans and obtain a fence permit prior to installation. 9. A special permit from the City Council of the City of Lynwood is required for all live entertainment and dancing. Dancing shall be limited to the banquet facility and the restaurant only when the restaurant is leased in conjunction with the banquet facility. There shall be no dancing as an ancillary use with the proposed restaurant. 10. There shall be no outdoor music, outdoor events or outdoor dancing. 11. The project approval is limited to a sit -down family oriented - restaurant and banquet facility that is open to all ages. The operation of a night -dub or an exclusive dance hall is prohibited. The subleasing of the restaurant and banquet facility to promoters in order to operate a night -club is strictly prohibited. 12. Events in the banquet facility shall be limited to private engagements including .weddings, anniversaries, business meetings and conventions. There shall be no "door fee ", "cover- charge" or related entrance fee into the banquet facility. 13.---TheFe��­apei,atieH of the feStabFaRt OF banquet facility. The hows ef epeiaden f6F the Festatir-ant. shall be 6!00 a.m. te 2!00 the week. The hours ....... ..F fae;':% ..hall be 10!00 a ek- CONDITION MODIFIED BY THE PLANNING COMMISSION AT ITS MEETING ON 1/2/2013 28. The conditional use permit shall be brought back to the Planning Commission for reAaw of said conditions within six (6) months of approval or as requested by the Planning Commission. D, All -N= JL K, jtlr.jji_ N ban t:` el ha:1 da cermittad io the 2'4' Rorr offvr ADDF.D 3y TIJE PLkliNEING COM I If 30. LIQ� f._ C. N-Ss 0 T - j.p"Ir'ditinn if •:; I"' Ca 3 . rgva r^ re?,- and alio 'L,11" 2 a av 'hi nl,gh Sgind:w, A n5 ire lrls;rg;nizL�. i�� 'ti_ :it; L— D 1i shali'f Leg UG Aj..5 -51CN AT f, ON 1 2L013. 34. AL.Aest-Nameda St.e?.t and Martin Luther King Blvd.. rhe E;orlirant shall 6e responsible for the funding to install a oroMctive left_ urn indicator for wurh bound traffic on Alameda Street to improve tr3ffic flow. CONDITION ADDED B THE PLANNING COMMISSION AT ITS MEETING ON 11212013. 35. Increase street light wattage (LED) on Martin Luther King Blvd. between Alameda Street and Santa Fe Avenue to improve night time visibility. CONDMONADDED BY THE PLANNING COMMISSION AT US MEETING ON 1/2/2013. 36. Increase street liaht wattage (LED) on 108th Street from Alameda to Lorrain Street to discourage loitering. CONDITION ADDED BY THE PLANNING COMMISSION AT ITS MEETING ON 1/2/2013., LOS ANGELES COUNTY SHERRIFFS DEPARTMENT 37. The aoplicaint'shall provide a minimum m of two (2) security personnel clunna restaurant hours and banquet events. The -applicant shall consult with the Sherriffs Department before the contracting of private security services. Section 4. A copy of Resolution No. 3298 and its conditions shall be delivered to the Applicant. APPROVED AND ADOPTED this 2n0 day of January 2013, by members of the Planning Commission, voting as follows: AYES: LANDEROS, YOUNGER, ACEVES, WEST NOES: BATTLE ABSENT: ABSTAIN: Kqhneth Weast, Chair Lynwood Planning Commission ]b an Colin, Director Pam Lee, Agency Attorney De• lopment Services Department Planning Commission Counsel 7 RESOLUTION NO. 2013.010 A RESOLUTION OF THE CITY COUNCIL_ OF THE CITY OF LYNWOOD APPRO:V3NG ZONE CHANGE NO. 201241 TO REZONE 'THE PFOPER'T`! LOCATED AT ?0700 AL AMEDA STREET FROM PAANUFA {:TURING (M) TO HEAVY C•. roiVIERcIAL (C -3) IN 01 D,_p TO ESTABLISH A RESTAURANT AND SAi%JQU'T FACILITY 'VITH A 'fYiPc 471 ALCOHOLIC BEVERAGE CONTROL UCEZSElAPI' NO. 8170- 002.045) WHEREAS, the a-pp•ieant is proposing to change'ihe veneral '13!i ciesignaticr:: ?` i)I i;t artti IOCa`Pq at 10700 Alarne,:a �irel >t :Asiessixs Porcel No. .r1170-1J02- 1i4'.?) t "$h.iOJc-;Ct ?foperty ") From Industrial w Cc.m lerclal in Order i0 ensure that t)otl'i t !e Gel-eiai Plan and Zoning Oesignatiow':S tOr'the vli`Jj =7t Pfupe ^y 3ra consistent the i .q L!: !:t to eSlabFsh a :3;t-down fes!2vfant snd banquet facility with fl Type 47 X.ohrulli. Dc vsr „,P c Oni "'i{ V1,311') license wi%. !i:tr 1 3 drti4 t :... nv ?^�dn t o roj 75,� �7 • sqi. ars foot. ^/ lr'iL''U:iii?al bu`'dl:: L Et�'rage 3:".Cl porkiri;] auras; and ,NHEC{EAS. ;.Ile eS ?a?i ;sl mei t sand ilCP_nsin of a SIt ::`: 't !! e: '.g �6 ^� n (2� aurd i c^.ttd i:enGii t %if'!li:y 'aiittl a v yU 47 i�BC Fc.er!se �%'e {and -i;ses ::insistent •Niih tI? JOiicies and ifte It'y v8'},'.rsl i'13n; dl ?f_' Ipil:Er EAS, the ap_'il.ani `ae;s •,O provido its° Ci-y''S reslc:er S, i'Usine.3.',,s ? d ^vir: dr ^di s tplltl7 wddltionzl! • iinif g an ou tli. as°.� '., oc�' s i l: T.v ._. _ .. [• c uiu 1y 'nin$� ��,i0(t5 33 N_:ii B Cl L?lii lSfidi .. ` t?I,t L: to ;:11':n iCilil: ?!, ens: Ine Lyrivtood Planning .4m(iis SlCn. n UiS13(.. CO I aW, •• a- r,h-.- CI': L•eC.... .rt 11. 20 2, GCnd_!c "ied a rub!lc hea.-irlui and +:i:Ull'?i:ir ?d all Comimei:'s, r,3C -�. •}ati 5 and CT,ITi" n....On, S!Jl7 _;eStIOr;S ;ir:d Cbntii:Llad the itam; and WHEREAS, 11,,e Lynw! cd P!anning f�'•''�! "�4 iliSSiOn, pursuant tC law, On :aCUary ?, 2'013, CQndUSted 3 pUb! :C hearing. and ^,011ectedl it o t- ._co �';� ''nu, a c,c,mrne %�... r_ 'mmerd' ,urs I SU^ylJ_SCiCii3 <tld a <.ONt. -d the aS'aC6r7.t. -i. Mt,yd ej i•i- g,,..v.. Dei;,dCBilOn; 3.J:?i0•:E,j Resolution No. 3298, approving Conditional Use Permit ':o. 20 112 -04 as weal as Resolution No. 3300 and 3301, recommending approval of Zone Change No. 2012 -01 and General Plan Amendment No. 2012 -02 to the City Council, as conditioned; and WHEREAS, a Mitigation Monitoring and Reporting Program is not required because all mitigation conditions were either incorporated into the project or are required Conditions of Approval; and WHEREAS, the City Council has considered the Planning Commission's recommendation and all of the written and oral testimony offered at the public hearing held on December 11, 2012 and January 2, 2013 concerning the proposed project. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: Exhibit No. 10 Section 1. 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 the City of Lynwood's City Council adopts proposed General Plan Amendment No. 2012 -02, the General Plan designation of the subject property will be General Commercial. The proposed restaurant and 'banquet facility are uses that are 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 restaurant and banquet facility with an ancillary alcohol license provides a dining option to the City's business and manufacturing communities along the Alameda Corridor, which currently lacks viable restaurant establishments. Additicnaily, the proposed project provides a dining option to all City residents, particularly in the vicinity of the project site. The restaurant and banquet facility is intended to be family- oriented and open to all age groups. B. That a proposed zone change will not adversely affect surrounding properties. The proposed zone change will not have an adverse affect on surrounding properties, as a detailed list of Conditions of Approval has been prepared in conjunction with City Departments, including Public Works, Development Services, and the Fire Department. Prcposed conditions of approval include requirements for the implementation of a security and on -site traffic plan, additional on -site lighting, restricted 'hours of operation, and the installation and placement of anti - loitering signage throughout the subject property. The subject property currently also has a ten -foot (10') masonry wall around the perimeter of the Subject Property in order to minimize impacts to adjacent uses. Section 2. The City Council of the City of Lynwood hereby approves Zone Change No. 2012 -01, subject to all conditions, restrictions, and limitations set forth as follows: CONDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT 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. 2. Any subsequent modification of the subject site 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 ?one Change approval shall laps:: and ? ecolne void one (1) year `!roril file date (February 5, 2 i14) of ;his i;ocument U ^less at conditions of said ceri : ?it 8re met and a building permit is issued or subs`aitial prcgress has been mar!- to lard r.stab!ishing this use. pL AP4NING DIVIS;GN F. Tii° applicant shall comply with all estab!iShed mitigation measures idemilied :n iiie props_t`s !Nlil'fgat %d •fie^ Oec t' l di r. k _ I 7 �ail'ic^ %aie iOn and rl(`.fEli'7, i!i;;Ilil<•ng bP.,..irl,y a: 1 tra C "ic ;ianS.:+ny mouiiC.ai7ons Or r)Iteratiops i:0 ectwllaned iiiliigadon - le:_SurE3 rn USi I, '•; �ScEu1E �i:nnlnj _i�1SlNl for feViBV 3!1j approval prior �� ?Ty .i !M'�1i` ,;itipnS ;Jf aitEi 3tl0i15. :3. TF; s isanr, Trr,ck Storage as appmved by Ordinance No. 1, ^% sha.l ba li. -`!. Gr' ter.^:? t1. ^tom °i :'e I r. I.IiiCate I ^ 'Y .S :SLlted ; :f JCCararl� i' fc-- trl e ", ' p. _pCSE'.Ci .:S :Sfal: rartt al -1 b2t1��IJvt is :;1!I ?y. /. 'he, Si:,rai;• i:•;iilCilriil Shdi! Ji? fcj; 3i P+ "id aria remodeled as 'il c,on O" ri ?o tf :: t fcoo.;ed " :OIO!S, text! Wes, fea'iures of ii?e taiade mLrov Il1E ?ni Cn ttl. ^..3 �,;i `.i ( St- . `i. Dll i!Ci)Ii G. a. A %iF?ciol permit frr)m he City C.uncil of the City cf L rr+rocd is rnq a uir_d for a;1 . Iles dill@ ll'talt {tlL Dancing Shall 1-;e llnl!i.'d lU the banq U?t i?CI!{iy ari!.i `i . astat.'rant only when the rasta:.lrar: t is leased in conjunction with the barn l-i •, f ?ci!ity_ Tiler- ;;r!'ali L'? no dancing as an ancTlary Use bVith the proposed re St. 3L "':7rlt. 9. All access into the Subject Property shall be from Martin Luther Kinq Jr. Blvd. only. There shail be no egress of vehicles from Alameda Street. or 108 h Street. 10. There shall be no outside music, events or dancing. 11. The applicant shall augment and maintain all exterior lighting within the parking lot and around the business. Lighting shall be screened and directed away from all adjacent properties. 12. The project approval is limited to a sit -down family oriented restaurant and banquet facility that is open to all ages. The operation of a night -club or an exclusive dance hall is prohibited. The subleasing, licensing or other use agreement of the restaurant and banquet facility to promoters in order to operate a night -club is strictly prohibited. 13. Events in the banquet facility shall be limited to private engagements including weddings, anniversaries, business meetings and conventions. There shall be no "door fee ", "cover- charge" or related entrance fee into the banquet facility, whether charged at the door or before the event. Additionally, there shall not be any charge for parking on the parking lot of the Subject Property, whether as an entry fee, valet fee, or any other type of charge or fee for the right to park on the Subject Property. 14. Applicant shall at all times comply with all applicable Federal, State, and local laws and regulations. 15. Any music or noise shall conform to the City of Lynwood's Noise Ordinance. 16. The applicant shall post signs within and around the Subject Property stating that "loitering is strictly prohibited" and shall enforce such policy. 17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the applicant or its permittees. 18. The applicant(s) shall be responsible for maintaining the premises free of graffiti. 19. There shall be no pool tables, coin - operated games, or video machines maintained upon the premises at any time. 20. The premises shall be maintained as a bona fide eating establishment and shall provide a menu containing an assortment of foods normally offered in restaurants. 21. Neither the applicant, nor any person or entity operating the premises shall violate the City's adult entertainment ordinance. 22. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. 23. The applicant shall submit a detailed sign program detailing all proposed sign locations, sign types and colors. The installation of flags, A- frames or painted signs is prohibited. 24. The applicant shall obtain a Business License from the City of Lynwood's Business License Division prior to operating business activities. 25. All banquet events and activities shall be limited to an area of 8,200 square feet as identified on the approved plans. No banquet events shall be permitted in the restaurant or 2nd floor office space. 26. There shall be no 24 hour operation of the restaurant or banquet facility. The hours of operation for the restaurant shall be 6:00 a.m. to 2:00 a.m. every day of the week. The hours of operation for the banquet facility shall be 5.00 p.m. to 12:00 a.m., Friday through Sunday. 27. The sales, service and consum.oticn of aiCohiiic Leverages in the restaurant shall be permitted only bel icen the hours o;-' 9:`,0 a.m. to 1 eve :30 a.m., sn days a we-IR. The sale, serv!•;e :an:.t :'OnSUn1,;tG . ^, Of alcoholic bavaiaies 1'.1 t +'e ?nquat f- 361ity small be Perrn.!tt�d only between the ho +urS Of ^:00 p. Tn. to 11`30 p.m., Friday thr.)U'h Sun..ay. r?lJBUIC U'IORKS DEPARTMENT L9. ?ecansCupt fu!i vvj, ^:th of sidaviz;ik aiong klarin _zither sing, Jr. Blvd. .; Connect to pa Jih:; Favh er. 'Eac'i '-u`Linp Snall t)e '.-- n-ien, d sC.Jir :'�fdf :ely i_Ytrtgir! L. Ir :tai al: as . ^�f.2i5 :3'' i`, lnimur'ri Sj7S r° °::aired is sx F) I • V� le t nch�s. v. r; ,c. _n ex! .tir : :- laic „ ".�!I. a Ci4y 30 uv °al Cd?. ^•Tr ^e!:i Of Shail V °ri'y Yne si:'e or :.iucr! g, , r \ +. >Q a C— S! all prola -1P Proo 'f tS +u �'• tli the Deca,I.ln,nt ,'f t:.lubtiC '' /''JI:*sl Czngi ..'t •c n "�h en :,. efing .:.v. j n. ,a' nfl v ° :lflCaCic,n ct Sewer later pile a',ii in trz� of :rty and .ill EtxiF..ting 5£wer lararai> ipss Lh;n ix i;7Cf r.a p i ill C:'......:icr a;sa.( "�f: r']1:••. lie '...., 31 •i" :e pr:-p!. .l !ii.e P,.. I- C1'.'y' i IY.iil "ClGti ^ nr3 arid iai:d5 c p.., -h gf3So. ` or.•fir: it .,-�+ i >i r ! s :��rvi('... ❑ni, E: an Vor re o.eCiot : 1. %'\il f.�a'..•. 'lc:...f mS..a.•S, l?Et ,r ... i a ,^F4. i' fire f`.f t� r (� --i _,-.2 ins alied by the de` e8 cpef. Pact buHdr,q Snc•ll be cciineCtec: SC ^_$fi :L2''•i. : lvork shall Oe nFi orrned by, a. iiCerised :Ot ^as cS Ct li?ri by the, C.: :ntractof must obtain a C\3rmit front `ire Deoai rnent of ?uiiliC ''A! -:ns/ t r' :gln8el'IrQ iJ! vision prior to oe: Forming am/ work. Any and ail existing water service lines less than one inch (1 ") in diameter shall be abandoned at the water main line per City instructions. Each building /tenant shall have its own water service /meter. 32. No final sign off shall be given until all conditions of approval from the Public Works Department have been completed. 33. The applicant shall be responsible for funding the restriping of Martin Luther King Blvd. between Santa Fe Avenue and Alameda Street to accommodate westbound left turns into the proposed site. Striping to be per City Engineer's instructions. 34. First driveway approach east of Alameda Street shall be limited to an entrance only and travel lane in front of the business to serve as a fire lane for emergency access. 35. At west Alameda Street and Martin Luther King Blvd., the applicant shall be responsible for the funding to install a protective left turn indicator for south bound traffic on Alameda Street to improve traffic Flow. 36. The applicant shall be responsible to fund the increase of street light wattage to (LED) on Martin Luther King Blvd. between Alameda Street and Santa Fe Avenue to improve night time visibility. 37. The applicant shall be responsible to fund the increase of street light wattage to (LED) on 108th Street from Alameda to Lorrain Street to discourage loitering. LOS ANGELES COUNTY SHERIFF'S DEPARTMENT 38. The applicant shall provide a minimum of two (2) security personnel during restaurant hours and banquet events. The applicant shall consult with the Sheriffs Department before the contracting of private security services. In addition to the security personnel, the Applicant shall arrange and pay all costs for a minimum of two (2) Sheriff Deputies to be present during all banquet events when alcoholic beverages are served at such events. 39. The applicant shall be responsible for the funding of the placement of an Advanced Safety and Protection camera at Martin Luther King, Jr. Blvd. and Alameda Street in order to monitor vehicular and pedestrian traffic. BUILDING AND SAFETY DIVISION 40. The applicant shall submit a construction plan and time frame for exterior improvements prior to the issuance of building permits. 41. The applicant shall be responsible for paying all development impact fees, art in public places fees, structural plan -check fees and all permits including all expired permits. 42. The applicant shall not exceed building occupancy loads as established under California Building Code, Los Angeles County Fire Code, or which may be more restrictive based on the recommendation of the Los Angeles County Sherriff. 43. Applicant/property owner must provide a copy of the permit card signed by all other departments prior to scheduling a final inspection 44. 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; 0 The California Electrical Code -2010 edition; W cases where the provisions of the Galifomia Building Code. the City of uyrwrood v'VIUniCIPei or the pian�� :�r i.-, these ofam; may oo-nFlict. rnore restrict;v° provisions -,hall govarn. L ' 0, NrFl -- cou�trry S AIVIEL zi 45. ThApptict shnP comply,,t;ith as ccda. requirem-ents and conditi�,-s set for;h tv the Los Angves County He Depawent, :ire Preven[ion Divi�,��cn, 5:'•21 Fickenbacker Wad, Ccrnrrr--.i,-e, CA '90040, (323) ?9()-4243- Wal approvk---z f,,3rq Los Angeles Ccunq Fie Depanment must �e octa;rre,! p!-1or to any L'!.;0dflnq per. nits. The City Counrf Nods that the Plirir lii-!%j cc,-nsidarad, the initial !,);ody prepared pursuant to CE-QA and appropWately advipted a AlhigazaA boed a Me fin:ring ' t�;�! roj�?C" p y - ✓ z i� n�,,icant ;mpaoi 3 pert2irvng to Land Use and Pia-nriing, Tran�.p��,��a6rn ,'w.J Chajobon, QW-, servico" 'Afater' 'A�-j:se' and inlugadon areasures and condhions of h?,w., j,:�,an pru.act wo�.,ld reduc. Qndal Wapants o '=I levt; --?T ins: c --wd' 16 e Declarazion %-vas prepired. A NIidgwion FOPMUng 00g= A VIA QqUi;ed all mRoaticri ccndiions viet-�, into the pr:�,ectc;'r arc? fa-qO.'r-i Condition,,; or'Appr�,,vaL faction T. The Cky Wuxi Qf the City or barsc,-'J' Upon "d)e afor�i•n.eraicvied WcHngs, approves Zone Qange 145. WWI swKwof Tt?e City Clerk shall cranny to the adoption L--f zhis PASSED, APPROVED and ADOPTED thin 5th day of February, 2013. ATTEST: Maria Quinonez, City Clerk Salvador Alatorre, Mayor Roger L- Rale';VQGWQt'Yj Kanager APPROVED AS TO FORM: "5T jk- — Fred Galante, City Attorney STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) APPROVED AS TO CONTENT: U Pahan Colin Director ent Services I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 5 "' day of February, 2013. AYES: COUNCIL MEMBERS CASTRO, SANTILLAN -BEAS, MORTON, r RODRIGUEZ AND ALATORRE 'WE Q= E.�1CaI�L� ABSENT: NONE ABSTAIN: NONE Maria Quinonez, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood. and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No 2013.010 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 5ih day of February, 2011 f Mana Quinonez, City Clerk RESOLUTION NO. 2013.011 A RESOLUTION OF THE CITY OF LYNIAICOD'S CITY COUNCIL APPROVi +;G GENERAL PL:;N AMENDMENT NO. " " <012 -02 ''0 : H.aVG° THE GE.NERAL PLAN DESIGNIAT*N FOR THE PROPERTY LOCA'7E0 AT 10..700 ALAMEDA STREET FROM INC'USTFUAL C, C01VMERC!AL IN ORDER T t-) EST I8U5H A RESTAURANT AND SANIQUET FACIL.7 M{I±H A ' ^iPE 47 ALCOHOLIC' EEVERAG -2 1:.r`r:TRQl_ LK,'F-_ SE (C:'ii NO. 6110- 002 -0-45) %- YH12REAS. the applicant Is pfoposing to Ctls!,ge :he Genera: Plan Cesignat!Cvl i; p,rGp?i?y jaca.p l 1 I; -.v-nP a Street N::.S170-002-04511, . :�:a!bHj e( "c.d ! •rC ;!rn; @'0a !. .% � r . . L�- 7Si`�nlf.:vi e..:`f.t( e JUJI °Ecr�. no .n,c !St el t with the to que. t to �3- ab isi a mo .:'' -down ie4L'r Urar!i.8 %C , ?ffr11 -121 f3ulity 'i ain a Tyl, *r% Alnoholi G2v?rag e Cont('Oi iiCe ^;iia !,? /ii +Nn d vzca "it ar:d abla ""'led ate, 'Ji square for' ory indas':r1al Gu lairlg, Jt, t4VV-�t storage anw i ✓0.14(4 :) 3f2as. and a s it_d w n res'a i an? . and b an, 1:e fac;!i'v vi t Type 4 , 8.1" !iie:'se al liiflu '.i3�+ 'O: :r � the vP,�ti "ies 31-A gals cf, I:1 L4 �; i'. I �F. �i, bk9ih t1,„ : (,. ti!21.J!t`j'S'':',,i ;D 2;ai —n: aria Pn;i.'a:'`.t SecfCg ;n_ orcvidt3 ij?,:v "i , c i nt" c - _+.• ,�1 ?`y ar�..... :,,t•;'s : 1i6onal dining R } J)O %!;C aSFe nt)ly op el! , iC _ r, cans a3 w.� '..3 , V HEREAs, he L' / "rtV4 Qr ?; 7 ^i 10 i71Y:iSSi_:rl, purswint to law, on ✓eca!rl er , Oildl.lC•-d 3 }dJ O,IC hearing and C: I,..,,..._ all t: ^viTtrilents, r:�CCmGlen -•:, ;itiC,FIS end :>Ug,lestivns and coniinl.ied the Item; and INIH_•REPS, the Lyn -tmod Piannuli) Lomiv iSSlOn, `r1,Urs ulnt to 1841, on Jaiiil;ary 2, 2013, coil uct!Ed a public hearing and collect ad <!I comments, fec.orarendatlons and suggestions and adopted the associzied PAitlgated Negative Declaration, approved Resolution No. 329$, approving Conditionai Use Permit No. 2012 -04 as well as Resolution No. 3300 and 3301, recommending approval of Zone Change No. 2012 -01 and General Plan Amendment No. 2012 -02 to the City Council, as conditioned; and WHEREAS, a Mitigation Monitoring and Reporting Program is not required because all mitigation conditions were either incorporated into the project or are required Conditions of Approval; and WHEREAS, the City Council has considered the Planning Commission's recommendation and all of the written and oral testimony offered at the public hearing held on December 11, 2012 and January 2, 2013 concerning the proposed project. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: Exhibit No. 11 Section 1. The City Council hereby finds and determines as follows: A. That the proposed amendment is in the public interest, and that there will be a community benefit resulting from the amendment. The proposed restaurant and banquet facility will provide additional dining and public assembly options for area residents, businesses, and civic groups. The parking lot of the subject site is currently being utilized as truck storage, and the existing 35,357 sq. ft. industrial building is vacant, which has become a source of blight in the community. The adaptive reuse of the building and elimination of the blight along a major City corridor will be a benefit to the community. B. That the proposed amendment is consistent with the goals, policies and objectives of the general plan. If the City of Lynwcod City Council adopts proposed General Plan Amendment No. 2012 -02, the General Plan designation of the subject property will be General Commercial. The proposed restaurant and banquet facility are uses that are 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 restaurant and banquet facility with an ancillary alcohol license provides a dining option to the City's business and manufacturing communities along the Alameda Corridor, which currently lacks viable restaurant establishments. The proposed project also provides a dining option to all City residents in the vicinity of the project site that is intended to be family- oriented and open to all age groups. C. That the proposed amendment will not conflict with provisions of the zoning code, subdivision regulations, or any applicable specific plan. Approval of Zone Change No. 2012 -01 will ensure that the property's zoning and General Plan designations are consistent. The applicant's request to establish a family- oriented restaurant with a Type 47 ABC license and a banquet facility are land uses that are consistent with commercial zones. D. In the event that the proposed amendment is a change of the land use policy map, the amendment should not adversely affect surrounding properties. The proposed General Plan Amendment should not have an adverse affect on surrounding properties as a detailed list of Conditions of Approval have been prepared in conjunction with City Departments including Public Works, Development Services and the Fire Department. Proposed Conditions of Approval include requirements for the implementation of a security and on -site traffic plan, providing additional on -site lighting, restricted hours of operation and the installation and placement of anti - loitering sianaae throuahout the subject property. Additionally, the subject property currently has a (10') masonry wall around the perimeter of the site in order to minimize impacts to adjacent uses. Sacf on 2. The City Council of the City of Lynwood herehy approves General Ran Amendment No. 2012 -02, subject to all conditions, restri, ions, and lin:let,ons set ford as f0ilo'rys: CONDItION P:PFROVAL DEVELOPMENT SERVICES DEPARTMENT 1. The projeiA shah cGmoly'rrth all regulations of the Lynwood IMurecipal C;de, d,e Cali! ^ni?a r1:3faiidit -19 rode, the Loc Angeles County Fire Code, olne'r City Dep3rtrnents and ppi;;:able Stale and Federal ref-,ulafions. I ,tiny U95egluent nictnf -ation Cf the rul:'•'9ct site or structures ;Hereon shall t e -e D) - Velop!nei?l. S—V cas J partrnent F lannin?� r, isliJi ;, fG r3�ri::vd. 3. Tt::: app!;- shah ;'c :n a vu5 anvil nC of Ac ei !a ce s'- _ng that tiev i�tnve re ^, - -t 4' 7 � 1 �._.0 Ui d .tat ?d, and aagrr-e i0 :fl COndinG'ta of hi:: 'tipp:'GVat pr.., L`J Qt anv C!11';11riq (iii ".ltts. :. the i =i, > ^. Plan Amen!!rnew ap.rvo,ial shall lapse and become void on`.- ('i; rar (Tc::m Nile 03t6 ;Febru;Y-y :J, 201411 of this docum. Brit unless ail CGn•ditions C. r;r nO r:� a ; tuitr,. .t issued Jr ! t ,tia! pri -ss iw s said p -a rn� are a i; .,ir.g p:•�� +� is ! s.:bs al �cr•�..,. be ;n +racl iowsrd estabiishir.g tiffs use.. PLANNING QIVIGI M ,�5. The applicant Sh311 comply :vlth -30 establ:sh2 d mi i do n measures idan:o ed in ?fie project's Mitigated Negative Declaration and herein, inciudim security and traffic plans. Any modifications or alterations to established mitigation measures must be presented to the Planning Division for review and approval prior to any modifications or alterations. 6. The existing Truck Storage as approved by Ordinance No. 1607 shall be terminated before a Certificate of Occupancy is issued for the proposed restaurant and banquet facility. 7. The storage building shall be repaired and remodeled as to conform with the proposed colors, textures, features of the fapade improvement on the 35,357 sq. ft. building. 8. A special permit from the City Council of the City of Lynwood is required for all live entertainment. Dancing shall be limited to the banquet facility and the restaurant only when the restaurant is leased in conjunction with the banquet facility. There shall be no dancing as an ancillary use with the proposed restaurant. 9. All access into the Subject Property shall be from Martin Luther King, Jr. Blvd. only. There shall be no egress of vehicles from Alameda St. or 1081" street. 10. There shall be no outside music, events or dancing. 11. The applicant shall augment and maintain all exterior lighting within the parking lot and around the business. Lighting shall be screened and directed away from all adjacent properties. 12. The project approval is limited to a sit -down family oriented restaurant and banquet facility that is open to all ages. The operation of a night -club or an exclusive dance hall is prohibited. The subleasing of the restaurant and banquet facility to promoters in order to operate a night -club is strictly prohibited. 13. Events in the banquet facility shall be limited to private engagements including weddings, anniversaries, business meetings and conventions. There shall be no "door fee ", "cover- charge" or related entrance fee into the banquet facility, whether charged at the door or before the event. Additionally, there shall not be any charge for parking on the parking lot of the Subject Property, whether as an entry fee, valet fee, or any other type of charge or fee for the right to park on the Subject Property. 14. Applicant shall at all times comply with all applicable Federal, State and local laws and regulations. 15. Any music or noise shall conform to the City of Lynwood's Noise Ordinance. 16. The applicant shall post signs within and around the Subject Property stating that "loitering is strictly prohibited" and shall enforce such policy. 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. There shall be no pool tables, coin - operated games, or video machines maintained upon the premises at any time. 20. The premises shall be maintained as a bona fide eating establishment and shall provide a menu containing an assortment of foods normally offered in restaurants. 21. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance. 22. Vdindow displays must be kept to a minimum for maximum visibility and sh-301 not exceed 25 percent of window coverage. :'3. Tile appiican shall submif a detailed sign program drataiiing all pfoposed sign locations, sign ,pes and colors. 'the installaiion of flags, F': ffarnes or painted gns is prohibited. 2$. The applicant shell obtain a business license from the 'City of :yriw000's h+:i SiC1 � =.j i_fce?ri£2 ' j%jiaicn p,-:or to GpC-?fa6rtg business .activities. %o. A l bai2t st events .j:i i c.tivitieS sh'a:! be iimited to 3n area of 8,20," S,qu3Ce rer:t !?$ :• ^-'n Ii ?!:JCI v:'; ihr'_ =p GrU JPd piar?S. PAD ba nr_i ;ca n`::.:'1tZ sh211 be p?ri?"ili:if.if in tn- resiaUrailt 'iCC?r Ofilcc- Sliai,e. f:•. T%=: t'8 S ^all F'9 no �4 N_nj:, Onerati WI ..If the r�Sta Ur ?I ?t Or hcn�` ICI fZCii;T�i. 7hc or :he rsati ?0 ? 2:0001 ` � IQGrS of i : f The oui s C.f t:perat'.on for the banquet faciflty ;hail be 5:'01.11 p.sr:. 12:00 a.;n , rr.G 2i'`. ;'trough �Un:iay. 27, ! fl—�c i:� , 9E. �J1::� and C:;r!sUrT ?pt'0.`1 Ut ai,_- :•hCiiC bevera aes is the uii lif :: t. �C: ri'1nuc� i:n:7 t)i??w Cn tal2- ii`viif_ of 9:00. a.m. to 1 :0 o.i^,'L, :dv., g2'!5 A ';1: °:K. The Sale se -vi-e ano consumpt!oo o f in 'U.- ,. i:x i„)il • e h�° r l t` he h :ill• .i. L'P)rlylle( i2•..:,R1 Si,...= i,'.. _.lii.:it�it Gi'.ti/ between the -DE; (5 Cif ::._ i ,L.(rl. 'tv i.... p.m., Friday throu,7h Sunday. PUBLIC WORKa UEPAPTMIENT 28. Reconstruct full width of sidewalk, alcng: ^Martin Luther king. Jr. E+!vd. 25. Connect to public sewer. Each building shall be connected separately. Construct laterals as necessary. Minimum size required is six (6) inches. When connecting to an existing lateral, a City approved contractor shall verify the size of such lateral and shall provide proof of its integrity by providing a video tape of the lateral to the Department of Public Works/ Engineering Division. Videotaping and verification of sewer later size and conditions must be done in the presence of a city engineer/ inspector. Any and all existing sewer laterals less than six inches (6 ") in diameter shall be abandoned at the property line per City instructions. 30. Re -grade parkway and landscape with grass. 31. All required water meters, meter service changes and/or fire protection lines shall be installed by.the developer. Each building shall be connected separately. The work shall be performed by a licensed contractor hired by the developer. The contractor must obtain a permit from the Department of Public Works/ Engineering Division prior to performing any work. Any and all existing water service lines less than one inch (1 ") in diameter shall be abandoned at the water main line oer City instructions. Each building /tenant shall have its own water service /meter, 32. No final sign off shall be given until all conditions of approval from the Public Works Department have been completed. 33. The applicant shall be responsible to fund the restriping of Martin Luther King Blvd. between Santa Fe Avenue and Alameda Street to accommodate westbound left turns into the proposed site. Striping to be per City Engineer's instructions. 34. First driveway approach east of Alameda Street shall be limited to an entrance only and travel lane in front of the business to serve as a fire lane for emergency access. 35. At west Alameda Street and Martin Luther King Blvd., the applicant shall be responsible for the Funding to install a protective left turn indicator for south bound traffic on Alameda Street to improve traffic flow. 36. The applicant shall be responsible to fund the increase of street light wattage to (LED) on Martin Luther King Blvd. between Alameda Street and Santa Fe Avenue to improve night time visibility. 37. The applicant shall be responsible to fund the increase of street light wattage to (LED) on 108'h Street from Alameda to Lorrain Street to discourage loitering. LOS ANGELES COUNTY SHERIFF'S DEPARTMENT 38. The applicant shall provide a minimum of two (2) security personnel during restaurant hours and banquet events. The applicant shall consult with the Sheriffs Department before the contracting of private security services. In addition to the security personnel, the Applicant shall arrange and pay all costs for a minimum of two (2) sheriff deputies to be present during all banquet events when alcoholic beverages are served at such events. 39. The applicant shall be responsible for the funding of the placement of an Advanced Safety and Protection camera at Martin Luther King, Jr. Blvd. and Alameda Street in order to monitor vehicular and pedestrian traffic. BUILDING AND SAFETY DIVISION 40. The applicant shall submit a construction plan and time frame for exterior improvements prior to the issuance of building permits. 41. The applicant shall be responsible for paying all development impact fees, art in public places fees, structural plan -check fees and all permits including all expired permits. ".2. Ti-- a!Wicanf . sha i rot exceed ocupar.cy loads estabiished .:nder �'ali,,om B!illiiing Code, LGS A']4eicS l.0!!i ity i ire Code, or whichever may e more resirict`ve based On the recomm-ndation of tile Los Arigeic5 iou:,.t/ f. 3. Apnli ; " "F par o ,f ; da ^Y pe card �ned f;y all .ro ty caner ,:.u.. p o` ! a cc of tha rm;t ci f other d%E•�'a. mentS prior t0 :iC:h?vUlf1]CJ a final Inspec -,ion. +•'», G'•i? C!.riS %raCiiCn shall meet or excedJ the minimurr. tw:lding Sian :Jaws the: ?t are. r:g;8ru i�C6d in ;he oilowing o �f i"f:: ice. �i!i''Jr !i18 !?UildiriJ `,.ode - �+�1.J e(, iticdl giii�ir"1 - 2O1)a;_' is Joie. ],.. .tlGr,; a in C_ il;iv; fi!a Nlech—wnir8? Code • 2010 edition: m ( no L.`..7i An'.:,etes, COldlty F e coda - 2010 eat]c• ^, `xhere 'he !..;rCVi6iJn, of the .,1; ?itOrr!ia Buii;ting l %ode, the !.'ty Of o' i %].` Jian3 of 3pcGitli;2. `.lolls in t;tes;^ plan-, ma`;! :'QGfliri, '``,e m,ore .;C•C[i lr7 ,U+: 'I JrI:; ai! guV _,. _0:3 ANGE L. aS i::i3Li•iTY FIR DEPARTMENT 4J. -,-','e r. Oican.t sha ?I ccrrloly wlLl all code regllimrn�Ms and ccriditionS Set forth Q'f the Los Angeles County `ire iepartnnent, r irA P evenf.ion Division, 5;423 ":J:nrT!e'Ce. �. �; L' 90040, (323) 380 -4241 :Cleo appro';zls 'from the LoS Angeles County Fire Department must be obtained prior to isso.am:e of any building permits. Section 3. The City Council finds that the Planning Commission considered the Initial Study prepared pursuant to CEQA and appropriately adopted a Mitigated Negative Declaration based on the finding that the project may have potentially significant impacts pertaining to Land Use and Planning, Transportation and Circulation, Public Services, Water, Hazards, Noise and Mandatory Findings of Significance, mitigation measures and conditions of approval have been incorporated into the project that would reduce potential impacts to a level of insignificance and therefore a Mitigated Negative Declaration was prepared. A Mitigation Monitoring and Reporting Program is not required because all mitigation conditions were either incorporated into the project or are required Conditions of Approval. Section 4. The City Council of the City of Lynwood, based upon the aforementioned findings, approves General Plan Amendment No. 2012 -02. Section 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 5t' day of February, 2013. ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: Fred Galante, City Attorney Salvador Alatorre, Mayor Roger L. 'ley, City Manager APPROVED AS TO CONTENT: 0 athan Colin, Director evelopment Services STATE OF CALIFORNIA ) 3S. CnvV TY OF L 0 S ANGELES ) i, the _ dersig ed, City 0!er C Cl Lynwood, do heratly : cftiS.: L�0f the fnr�gcing R,1 .soluticjn was passed and aiiCO d by tiie City Council of in$ i li.V/ ai Lyrru -:)cd at a regular fneetirg held on the 51" day of Feb; uar/, '2013. AYES: 001J' :'it_ i6 ENHYERS CASTRD, Sp *1 ILLAN -SEAS, MORTON, RODR GUEZ AND ALATO RE NC)lei I_ f�.•a�l��.lV: iV �Jtt. �:�i ?i icc (.�_il!;� •C�� -_'�', t_!C'r' l< ? ,—*�JWY OF LOS ANGELES i. the ur!defsigned, City Clerk of 'Vie C;ty of Lynwood, nnf4 the clefk of t. +f. Gill Catincil of S341, Ci *y, do hereby cc;'tify that the above foregoing, is a full, true and ccrraca copy of Resolution, No. 20'13.091 on file in my office and 'hat said Resolution %vas adopted on the date and by the vote therein stated. Dated this 5t' day of February, 2013. C� Maria Quinonez, City rk RESOLUTION No. 3328 A RESIOLIJT'�,rory OF "THE ;LAa►araznpG COfAni.t'-;STo(s OF 'THE CITY OF 1.Yl'1*10CD APPROVING CCa+�I3lise�,L USE P5Y*,'d.",T NO, A) _12-04 MODIFICA'Fit?N TO MODIFY -EX1.5 T ING CGNl7010tiA'_ USE PERMIT U0. :20.12 -04 7"•O EXPAND TgH'E RESTRICTiONS 'KAT LIMIT SALE THIZ OF-EitAT ON OF J'HE i :ACTLIVY, MODIFY TH 1,XNN'FY(;1JV'e7'?0N 5.17 TFIE 'FARK71RG L):1T SAND l� ..st1iJ i MALL LA Y007 i.'N C'ON13Cl2:310H 'W TH TH 0-1: AN r1fPE 47 ALCOH05-1C c R: 400 r ! �aS? t N? F2' (�'_ j :ra rt ^,, TE 3A.d.:': !_"F Ai., .AT _a 13YENEYL2i . 30,N+3 F.ID'H i�':J�t,_1:+: E+�`f °s'i\:'i �''11i:`I; s "�•!* PF:�,`�7E. "d`;Y i:i Y.�'sCr��'E� : "•.'L.1A'. D-i .0iVC7�U. >, 'i.3 r..0 P.:: t: 0Lr3Z.Re_11E%J . e+� t. �>.T . .. il� _�. "�h�.:. i:: 1. �•3: $]' ='i tJ ...�� 113.! i�°'. !{•�,� °'�i`6� Llc'� ! S:"r C. (i•�P'r yYiJe�51i }d..�f•{.j fL�+!!Y L'. /'v ", C�.i� . �'?, '..�.•I�:. �. i l r1Yrl ;�.i i r ,J ...,++,' ` .!Y ; I 4;-Ua. ­t i•7 i ain, . n -y;1 r' i3O r` i ;i. -� .'i':i:i: �.i 1Iu 7 vt3 iic t_[! i(1(� anC. .. jy:''.l.��Ci ali anid contInued tine it�_in until; and Id; !t REA , a ?P L. n.,;r p a :; +r 'a iss!on Pursuant to 1.av" On fan z;", _' 1013; !i "ill i� n 't -.c, 'G•h r.�a t ;•:. is Za ap* i' vea t :il_ .Jt,�n io. 2 to esl-,: 1 . >± ,J n d..y banquel- F c4lit`J i.. "•7 (011 SCie g£'_ner %i lor'Jona fl''-1 g ' lic P "'rj rdace) t I eve,age Ccnucl lice s: at U tla d.1 t ., YCOr:O. tl 10700 Alameda Avenue (Properti); and WHEREAS, the Lynwood Planning Commission, pursuant to law, on February 11, 2014, conducted a public hearing and collected all comments, recommendations and suggestions; and WHEREAS, the applicant is proposing to expand time restrictions that limit sale hours of operations, modify restrictions on the operation of the facility, modify the configuration of the parking lot and banquet hall layout in conjunction with the operation of an existing type 47 alcoholic beverage control (ABC) license for the on -site sale at a general bona fide public eating place; the property is located at 10700 Alameda Avenue; and WHEREAS, the establishment and licensing of a sit -down restaurant and banquet facility with a Type 47 ABC requires a Conditional Use Permit in the Heavy Commercial (C- 3) Zone; and WHEREAS, the applicant seeks to provide the City's residents, businesses and civic groups with additional dinning and public assembly options as well as to eliminate blight in the community; and WHEREAS, the Development Services Department conducted an Initial Study and has determined that the project may have potentially significant impacts pertaining to Land Use and Planning, Transportation and Circulation, Public Services, Water, Hazards, Noise and Mandatory Findings of Significance; and WHEREAS, mitigation measures and conditions of approval have been incorporated into the project that would reduce potential impacts to a level of insignificance and therefore a Mitigated Negative Declaration was prepared. Section 1. The Planning Commission hereby finds and determines as follows: A. That the proposed Conditional Use is consistent with the General Plan; The proposed restaurant and banquet facility are uses that are 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 restaurant and banquet facility with an ancillary alcohol license provides a dining option to the City's business and manufacturing communities along the Alameda Corridor, which currently lacks viable restaurant establishments. Additionally, the proposed project provides a dining option to all City residents, particularly in the vicinity of the project site, as the restaurant and banquet facility will be family - oriented and open to all age groups. 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 CUP Modification will not have an adverse affect on surrounding properties as a detailed list of Conditions of Approval have been prepared in conjunction with City Departments including Public Works, Development Services and the Fire Department. Proposed conditions of approval include requirements for the implementation of a security and on -site traffic plan, providing additional on- site lighting, and the installation and placement of anti - loitering signage throughout the subject property. Additionally, the subject property currently has a (10� masonry wall around the perimeter of the site in order to minimize impacts to adjacent uses. C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; The subject property Is approximately 3.03 acres in size, which is adequately sized to allow the operation of a restaurant and banquets facilities with an ancillary ABC 2 license. Tha applicant is prcpusir:g to rcni;ivate ,arid i'emodei Lie vacEnt and abandoned 35,357 sil. , }. 2 s.ory building as vi N as pravidr, everail site Improvements incre i>ed lightinig ,acid lan:-,<apfng, D. That the ;:re -Posed ut��a f:« � ;:�; >:, fl }= a p,. k. e�..i�.a as'5. �_ L:a� „�.:.;2�s 7e: i..:s ril _ t.a�['i rtle deveiopmeat rstaas a.Wirds *,e the 7o its E q Vis' r Ct,' Zone Change from Mt 1.1•iJli!.ir_:_t' °rii�Cj; tl) C-3 (HeZV'7 Comrneri`lul) zone vyas approved i` the. ; i an i .^ a i i a }iTssiO; ,;Il .8tls,ar` i I 20.131 m- < Sil �' �:\.d n ” [ e'tV I. onllg des t_;rlutiC,n 31(u de, oar! ?C4 it `iw.,..arias a, Fe C'Ji'•siat'Ilt Vilil. ,i!.. pCOx,v5;'_tl conditional u_" r 4. r b rdn._ 1 , •� r fi q h. E. T;9e3i: �liti qn i''i?i:t.:,,�i:.o`.3 C:JY di.xJifc:.� ii.a,. m1Y..i. >. �.: T k:. :g.iti� �iuti� f ita:'li.. i? ta1 "a Ibe Hea'q CtTAVo4nerda! zor'.: P:i)'.`i,?' -I for a varlet,, cn ii .oad !related iiSs S ii .[� 1!tg d 1 "ce _t���arfts; 5 'i•ia! G ;;i 1. v i Uodic d.`sr:!!ii Py. n•e 1 l " niFs sit - av� n J _��.�,:: a_ � f 1 c �:,_ r re l3uranrs ` +Ri .Hill ':tie He%Vl,/ ,`..il; ;fa il_': +:la: ZGNf : 'a ✓i ii t3l:.S N 1 ..`�''i'_'i �.f.i'?l.l.t .i� .he issuaACe Lid S-1-lion 7,h „ic' lP,�;j r'�iSctlGi i, -t i'i.Y n` �y, lfti0vi i� i::i!:'� i'i I;ua ap'Xo`G3i of U�3._ K:i- :ICiCii i, -41.? "t ! uil Ca}iilail7rib, r ii; iCtiQ!`:`s' and iJ $Cr; fClCi'e 05 i'GItU}! . R.fli. -A L i. The project shall comply with :ail regi1laiR t is of tiro I,yilwood Municipal f=ore, the California Building Code, the Los Angeles Count';/ Fire lode, other City Departments and applicable State and Federal regulations. 2. Any subsequent, modification of the subject site 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 Perm ft approval shail lapse and become void one (1) year from the date (February 11, 203.5) of this document unless ail conditions of said permit are met and a building permit is issued or substantial progress Baas bczeii made towaV d establishing this rise. 5. 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 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. PLANNING DIVISION 7. The applicant shall comply with all established mitigation treasures identified in the project's Mitigated Negative Declaration, including security and traffic plans. Any modifications or alterations to established mitigation measures must be presented to the Planning Division for review and consideration. 8. The existing Truck Storage as approved by Ordinance No. 1607 shall be terminated before a Certificate of Occupancy is issued for the proposed restaurant and banquet facility. 9. All banquet events and activities shall be limited to a total area of 14,176 square feet (Banquet Hall No 1 is 5,976 square feet and Banquet Hall No 2 is 8,200 ssc uare feet) and the restaurant area of 2,112 square feet is comprised of the restaurant area which is 1,031 square feet, and kitchen area is 1,281 square feet as identified on the approved plans. 10. The parking lot layout will consist of 171 regular parking stalls, 6 handicapped parking stalls and 146 stalls that are designated for vehicle admission management system, to be implemented free of charge, for a total of 323 arking stalls. The proposed use as modified provides 323 parking stalls, which are exceed by 6 with the approval of a Minor Variance. 11. The sales, service, and consumption of alcoholic beverages in the restaurant and banquet facilities shall be permitted only between the hours of 9:00 a.m. and 2:00 a.m., seven days a week. 19 12. There shall be no 24 hour ooeratior': of the restaurant or banquet facility. The hours of o eration for the. _estairant sad' banqu °t shall be 6:00 a.rq._io 2:00 a.m.. eve dav of the 1 ^:eer"_ 13. The app8icent shali campiy vvith all tonsditions & approvals set forth Resolutions Mo. 3300, 3331 acd 3298. 14. The applicant shall install decorative secsrity yares across driveways. Such gates shall be closed ant. scoured during non - business licurs. The applicant shall submit plans and obialn a fence: permit prtOr to installation. 15. A special permit lr�,n the City Couuncii of the r'ity of Lyrivrood is rcuuired for all live ent.,..•al;S!ierk and dal f -in j, vnE i ,:j - .+1311 be ;irriitzd t.; Lhe I aniQ,iet fa Ihty and the reswurai'rt only wHen the "c5 a ant iv ie3s_,d in corij'UnCion with the banquet facility. her-" srafl be i0 C a nCi , r; g as an; s :TC:i :a " y use with th_ proposed restaurant. 1.5. There shall be no cutdo0r music, oUidocr °ven's or cutdoo7 dancing. 17. T he project approval is 'iT,ited to a sit- down fannlly ar ientEd restaurant and bai,gUet iaciiity thy+: is ooen to all _.eS. The Gi:a'iu..70ri v a , :gj :. ,Ut,' Oi an exclusive ;18r;ce i i? is arc ; ;ibited. Ti,e >utieasing of H-E restaurant and barnquet facility to prorfl tpra , .Jr, _, to c,perLita a flight -ciub is suictiy pi iui ]-,,0 . 18. Events in the, banlue_ faCiiit'y' slno i b2 lirnited t0 pr'ivaT'e en.gagerneni:s iricludin.a weddings, anniver•s2 les, business mE. -eti ng-, and Conv.,,0.o is. l;lore snail be no „door fee" "cove, - charge" or related en.'rarice fee into the'. anquet facility. 19. The restaurant must be maintained as a bona fide eating establishment. An eating establishment as defined by the Alcoholic Beverage Control Board must include the following items: A. One conventional range/ oven B. An autornatic dishwasher C. A double sink D. A 25 cubic foot refrigerator E. A four -foot by six -foot food preparation area 20. The sale of alcoholic beverages for consumption off the premises is strictly prohibited. 21. Any music or noise shall conform to the City of Lynwood`s Noise Ordinarice. 3 22. The applicant shall post signs within and around the subject property stating that "loitering is strictly prohibited" and shall enforce such policy. 23. 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. 24. 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). 25. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. 26. The premises shall be maintained as a bona fide eating establishment and shall provide a menu containing an assortment of foods normally offered in restaurants. 27. This land use authorization is only for a Type 47 on -sale general, public eating - place, any other license use at this location will require a new land use clearance. 28. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance. 29. The applicant shall submit a detailed sign program detailing all proposed sign locations, sign types . and colors. The installation of flags, A- frames or painted signs is prohibited. 30. The applicant shall obtain a business license from the City of Lynwood's Business License Division prior to operating business activities. 31. Failure to comply with all conditions set forth in the Resolution, Mitigated Negative Declaration and any applicable municipal code, state, federal law shall be grounds for revocation proceedings. 32. The conditional use permit shall be brought back to the Planning Commission for review of said conditions within six (6) months of approval or as requested by the Planninq Commission. 0 BUILDING AND SAFETY DIVISION 33. The applicant shall submit a construction plan and time frame for exterior improverne its prior tc: the issuance of b6ldiny penniits. 34. The applicant shall be responsible for paying ali developrnent irnpact fees, art in public places fees, structural plan -deck fees and ail permits including ail expired permits. 35. The applicant sh;:si nut exc ::sec bJ,!•:ii„r ocai�rru:y p !,, s .ad.. established a:� establ ;ed under California Building Cede, restrictive based en the Les 1�.rrgle c-s Count .=ire Code, or recomrn::n ,ja -ion of t :e L cs Ancieies which may be roore County Sherr iff. 36. Applicant /property ;iv.'nCr r:`st:si' irC "JI Jc' ' Ct py ofe(irlit Curd sfgnP_L G'y all i ti let departlT:P.nts privi" to aCi'fed;;ling 1 :iikii i;lS; ^.r!!'tii]I "! 37. Aii construction si;aii ;nl e.t -.r exc ,'c'd file iminin'!um bu!lsding sCandards that are references; in the fuiio` ling Codes. The Cali(' vn ia E.is;irg Code - %U.� e..!ticr:; s The California Ulu !'' g C.orde - -0 4 3 ettion; •� Tre La li lrnia �`.�l iecha .,ical rc _ u. "13 edit �• �.:�.„ _� % o ,._ ,ior., The Los i ,e;- u-'Unly F" 'i£Q \..o!. e '- _{ i� ' i1• "; e.! t!C The CallT.ornia F :lecu ie a; CoJ2 - 20 13 edition: In lases where the pfl w!.s!ons of the Luilding ?true, isle City cf !_jll'.Food Municipal Code, or the plans or specFlcat!on-s ;In these plans may conflict, the snore restrictive provisions shall govern. LOS ANGELES COUNTY FIRE DEPARTMENT 38. 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 3. A copy of Resolution No. 3328 and its conditions shall be delivered to the Applicant. APPROVED AND ADOPTED this lie' day February 2014, by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: Kenneth West, Chair Lynwood Planning Commission Jonathan Colin, Director David A. Garcia, Agency Attorney Development Services Department Planning Commission Counsel REQUEST FOR: Planning Commission Action Item # 11 PLANNING COMMISSION MEETING DATE: PLANNING DIVISION STAFF: February 11, 2014 APPROVED TITLE: ❑ As CONDITIONAL USE PERMIT NO. 2013- Recommended 07/ RESOLUTION NO. 3334: TO ALLOW ❑ As Amended AN AUTOMOBILE DEALERSHIP ON THE ❑ Set Public PROPERTERTY LOCATED AT 2901 Hearing For IMPERIAL HIGHWAY WITHIN THE DENIED HEAVY COMMERCIAL (C -3) ZONE, ❑Applicant's Request APN: 6170- 020 -044 Prepared by Octavio Silva CONTINUED TO Development Services Director PROPOSAL: The applicant, 310 Auto, is requesting approval of Conditional Use Permit (CUP) No. 2013 -07 to allow a used automobile dealership (Project) on the property located at 2901 Imperial Highway (Property). RECOMMENDATION Staff recommends that the Planning Commission direct staff on one of the two proposed options listed below: Option No. 1- Adopt: • Resolution No. 3334, approving CUP No. 2013 -07 as conditioned. Option No. 2- Deny: • Direct staff to prepare a resolution for the denial of CUP No. 2013 -07. The Property is located on the north -east comer of Imperial Hwy. and Bellinger St. within the Heavy Commercial (C -3) zone and has a General Plan designation of Commercial. The lot area is approximately 14,230 sq. ft. and the property is improved with an existing 1,222 sq. ft. building. The Property has been vacant since 2008 and has been a constant source of blight and vandalism in the community. The applicant is proposing to sell new and used automobiles 7 days a week, between the hours of 9:00 a.m. - 8:00 p.m. As proposed, the applicant will be remodeling the vacant property by installing new parking lot lighting and landscaping as well as a restriping the parking lot and constructing a new trash enclosure (Exhibit No. 1). With regards to the vacant building, the applicant is proposing to remodel the interior to create new office space and will be repainting and refurbishing the exterior fagade. ANALYSIS & DISCUSSION Appendix A [Uses by Zoning Districts] of the LMC indicates that new and used automobile dealers are a conditionally permitted use in the Heavy Commercial (C -3) zone. The applicant is proposing to establish a new and used automobile dealership. The LMC also requires that the applicant provide 7 parking stalls for the proposed use. The applicant will be providing a total of 18 spaces. In an effort to deter vandalism at the subject property, the applicant is proposing to install a multi- camera surveillance system throughout the exterior and interior of the Property as well as 12 new pole lights within the parking lot in order to provide increased illumination of the site. As part of the Conditional Use Permit process, the applicant has agreed to comply with the proposed Conditions of Approval, which include restrictions against the on -site repair of automobiles. FINDINGS REQUIRED TO APPROVE A CONDITIONAL USE PERMIT LMC Section 25.130.050 sets forth five (5) findings the Planning Commission must make to approve a CUP. The following is a summary of findings, followed by staff determinations: A. That the proposed Conditional Use is consistent with the General Plan; The General Plan Land Use Map designation is commercial and retail establishments such as new and used automobile dealerships are conditionally permitted uses in the Heavy Commercial zone. The proposed Project will not adversely affect the General Plan as the use is consistent with the General Plan. There are similar uses within the proximity. 2 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 automobile dealership 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. 2013 -07. Conditions include restrictions against on -site automobile repair as well as requirements for the maintenance of an on -site surveillance system. C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; The Property is adequate in size and shape to accommodate the conditionally permitted use. The site is approximately 14,230 sq. ft. in area, and the existing building is 1,222 sq. ft. with no expansion of building size. D. That the proposed conditional use complies with all applicable development standards of the zoning district; The applicant's request to establish an auto dealership complies with all applicable standards of the C -3 (Heavy Commercial) zone including lot size, landscaping and on -site parking requirements. The applicant is not expanding the floor size of the existing structure and will be making facade and site 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 conditional use observes the spirit and intent of this Zoning Code. The sale of new /used automobiles is a conditionally permitted use in the C -3 Zone. The conditional use observes the spirit of Policy LU -2.1 of the City's General Plan, in which the applicant's request for an auto dealership provides additional general merchandising and retail services in the City. There are similar uses in the vicinity. 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. 3 Project Profile Location Map Exhibit No. 1- Site Plan Resolution No. 3334 ll PROJECT PROFILE Conditional Use Permit No. 2013 -07 2901 Imperial Hwy. APN: 6170 - 020 -044 1. _Source and Authority The findings required in order to make a Conditional Use Permit determination are located in Chapter 25 of The Lynwood Municipal Code within Article 130. 2. Property Location and Size The subject property is approximate 14,230 sq. ft. and the existing building is 1,222 sq. ft. in area. 3. Existing Land Uses Site Developed North: Residential South: Commercial Wes *.: Commercial East: Commercial 4. Land Use Designation The subject parcel has a General Plan designation of Commercial, which is consistent with Heavy Commercial (C -3) zone. The adjacent properties General Plan and Zoning designations are as follows: Site General Plan Zoning North: Single Family Residential R -1 South: Commercial LBBSP West: Commercial C -3 East: Commercial C -3 5. Site Plan Review The Site Plan Review Committee has reviewed and approved the Project. 6. Code Enforcement History The Code Enforcement Division has issued a Notice of Violation on the property for completing work without the benefit of permits. The applicant has obtained necessary permits for unauthorized construction activities. 7. Public Response None on record at the time of this report. 5 LOCATION MAP Oa y �' FOOaaG � % ivnte Bal � / / BanE, Smiml i so� RlFal4�lr- �id�HWY. i O i & ADDRESS: 2901 Imperial Hwy. CASE NO.: Conditional Use Permit No. 2013 -07 APPLICANT: 310 Auto APN (S): 6170 - 020 -044 I: RESOLUTION NO. 3334 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2013 -07 IN ORDER TO ALLOW AN AUTO DEALERSHIP AT 2901 IMPERIAL HIGHWAY WITHIN THE HEAVY COMMERCIAL (C -3) ZONE; APN: 5170- 020 -044 !'WHEREAS, applicant, 310 Auto, is requesting approval of Conditional Use Permit (CUP) No. 2013 -07 to allow an automobile dealership at 2901 Imperial Hwy. (Property); and WHEREAS, the Property is located on the north -east corner of Imperial Hwy. and Bellinger St. within the Heavy Commercial (C -3) zone and has a General Plan designation of Commercial; WHEREAS, the Property is approximately 14,230 sq. ft. in area and is improved with an existing 1,222 sq. ft. building; WHEREAS, in addition to selling new and used automobiles, the applicant is proposing to improve the Property by installing new landscaping and parking lot lighting as well as resurfacing the existing parking lot and repairing the building's exterior facade; and WHEREAS, the Lynwood Planning Commission, pursuant to law, on February 11, 2014 conducted a public hearing on the application; and WHEREAS, the Planning Commission carefully considered all oral and written testimony offered at the public hearings; and WHEREAS, the Property is consistent with the City's General Plan in that the subject site is designated "Commercial" on the General Plan Map; and WHEREAS, the Property is located within the Heavy Commercial (C -3) zone, which allows for conditionally permitted new and used automobile dealerships, through the granting of a Conditional Use Permit; 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 specifically 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 such as new and used automobile dealerships are conditionally permitted uses in the Heavy Commercial zone. The proposed Project will not adversely affect the General Plan as the use is consistent with the General Plan. There are similar uses in the vicinity. 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 automobile dealership 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. 2013 -07. Conditions include restrictions against on -site automobile repair as well as requirements for the maintenance of an on -site surveillance system. C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and, buildings proposed; The Property is adequate in size and shape to accommodate the conditionally permitted use. The site is approximately 14,230 sq. ft. in area, and the existing building is 1, 222 sq. ft. with no expansion of building size. D. That the proposed conditional use complies with all applicable development standards of the zoning district; The applicant's request to establish an auto dealership complies with all applicable standards of the C -3 (Heavy Commercial) zone including lot size, landscaping and on -site parking requirements. The applicant is not expanding the floor size of the existing structure and will be making faSade and site improvements to the Property, which will be in compliance with all applicable development standards, as provided in the Conditions of Approval. 2 E. That the proposed conditional use observes the spirit and intent of this Zoning Code. The sale of new /used automobiles is a conditionally permitted use in the C -3 Zone. The conditional use observes the spirit of Policy LU -2.1 of the City's General Plan, in which the applicant's request for an auto dealership provides additional general merchandising and retail services in the City. There are similar uses in the vicinity. Section 3. The Planning Commission hereby approves Conditional Use Permit No. 2013 -07, subject to all conditions, restrictions and limitations sett 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 Depa tments and applicable State and Federal regulations. 2. Any subsequent modification of the subject site 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 shall lapse and become void one (1) year from the date (February 31, 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) working 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, 3 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 development or within 90 days after the date of the imposition of the fees, dedications, reservations, or exactions imposed on the Project. PLANNING DIVISION 8. Any amendment to this Conditional Use Permit, with regards to hours of operation or types of vehicles sold must be submitted to the Planning Division for review. 9. The applicant shall maintain seven (7) on -site parking spaces for customer and employee parking and screened from public view. 10. The applicant shall repair and maintain the existing trash enclosure in good working condition. 11. The on -site installation of automobile accessories and repair, maintenance, upholstering, wrecking or dismantling of automobiles is strictly prohibited on the subject property. 12. Any proposal to provide on -site automobile rental services will require a modification to the established Conditional Use Permit. 13. The applicant is required to provide and maintain an on -site surveillance system. The surveillance system shall be installed so as to not disrupt the privacy of adjacent properties. 14. The applicant shall install "anti- loitering" signage throughout the subject property. 15. The applicant shall be responsible for obtaining a Business License from the City's Business License Division. 16. The applicant shall obtain a Fence Permit from the Planning Division, prior to the installation of any on -site fencing. H 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 petitioner(s) shall be responsible for maintaining the premises free of graffiti. Graffiti shall be removed within 24 hours of its appearance. 19. Illegal signs including A- frames and painted signs are prohibited. 20. There shall be no over -night habitation of the property or utilized as sleeping quarters. 21. A creeping fig shall be planted along the perimeter fence and around the trash enclosure. 22. Window displays must be kept to a rninimum to allow for maximum visibility and shall not exceed 25 percent of window coverage LOS ANGELES COUNTY FIRE DEPARTMENT 23. The Applicant shall comply with all ccde 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 ,pries to issuance of any building permits. PUBLIC WORKS DEPARTMENT 24. Remove graffiti along sidewalk by sandblasting or pressure washing along Bellinger St. and Imperial Hwy. 25. Repair crack in drive approach fronting Bellinger St., with epoxy cement. 26. Repair crack with epoxy cement at south curb top of "x" fronting Bellinger st. 27. Remove and replace 5'x5' section of sidewalk at south side of driveway at Bellinger St. 28. Remove and replace 5'x5' of sidewalk west of driveway at Imperial Hwy. 29. Patch around wooden power pole at northeast corner of Imperial Hwy. and Bellinger Street with epoxy. 5 30. A Public Work permit will need to be obtained for the above described work. Section 3. The Development Services Department has determined that 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 4. A copy of Resolution No. 3334 and its conditions shall be delivered to the Applicant. APPROVED AND ADOPTED this 11'rt' day of February 2014, by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: Jonathan Colin, Director Development Services Department rl Kenneth West, Chair Lynwood Planning Commission David A. Garcia, City Attorney Planning Commission Counsel OPENING CEREMONIES 1. Call meeting to order. 2. -lag Saiute. �. Rol; fall �%� t.':;m rni -sii tiers. =f. Peol':icni.Zation. Ce�llilcalItJF: ?.`( niieni�3 Posting. of Pi,, ning L cn'i Ci"iI a1Dr1 i`iP, rtii',g: - 'Iw%i�sry 14i 2014 in all i_'ers-ns, i l :sh.ing to on : —v t rn L.ri. ii-d ^•rnml5sion gar :da ft.+:.. �i�f.I'RJ Gil i:=:i� JLti -C•r �. -:i '_I Cam. ii:_'_I ;� ;IC)'riF ir,'i�: truth and n odhing !)�:t e truth. PUB-I-X ORALS 8. A,- lags ;i; ^ °, :dov '.l ?_n'.ber of the rl.l;; +itC may coil m�ient on any issue within t ;? i;r i=t -, -•l� ; , +� t ,+a ^lit that is na, on •1gnnUp— fl'iewi ors of the public ?Tay also cornment at this time on any Agenda It_•n! that is it r sched +.:led ror a pLihlic hearing. to preserve continuity, tile ?I,7nning Co'nmisslof, :_n ?Ir ma.r, at his /her discretion, request members of the public wishing to comment on Agenda Items for which public hearings are not scheduled to hold their comments until just prior to the Commission's discussion of the Agenda Item in question. CONTINUED REGULAR AGENDA (Public Hearing) 9. Conditional Use Permit No. 85101 Modification Applicant: Soung Monh 11400 Atlantic Avenue 6189 - 037 -032 2 Proposal 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 limit sale hours of operation to midnight. The applicant is requesting to extend the sale hours to 2:00 a.m. on a daily basis within an existing convenience store (7- Eleven) located at 11400 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. i - Adopt: Resolution No. 3332, approving CUP No. 85101 Modification as conditioned. Option No. 2- Deny: s Direct staff to prepare a resolution for the denial of CUP No. 85101 Modification. NEW REGULAR AGENDA (Public Hearing). 1o. Conditional Use Permit No. 2012 -04 Modification Applicant: Ofelia Franco 10700 Alameda Avenue APN:6170- 002 -045 Proposal The applicant is requesting approval of Conditional Use Permit (CUP) No. 2012 -04 Modification, to expand a Type 47 Alcoholic Beverage Control (ABC) License for the off - premise sale of beer and wine. The modification request consists of extending the time restriction that limits alcohol sales, and hours of operations for the restaurant and banquet hall, parking lot configuration and the reconfiguration of the banquet hall and restaurant on property located at 10700 Alameda 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: 3 -- -_._ . Resolution -No. 3328, approving CUP No.- 2012 -04 Modification as- conditioned.-- - - -" Option No. 2- Deny: O Direct staff to prepare a resolution for the denial of CUP No. 2012 -04 Modification. init 7,40. 201.3-o"17 &_1_PJ_ica_'s_: 310 Auto 1901 lrn vial 9;iy ':vay APh.: 5170 -010 -04 f2a� "f� i ht , ap 3 i -_ —ant, 310 Autp: is (=.'.C.; iJ Sit!? j acprov'c! c' Cond'ti`7nal Use Permit (t^i iP) T -j:;i, 2013 -. r.7 tci o!l !i a used (Pr;)i'e� ct) , on the prop erty iOCst d at 2.;3. 01 4�..,. . y$�LII 1•4A.(flf l x-1'.1 (�.i1 •'t'! �. .tafY re;;- men, !Ii t tl'li? Y'.aannin ?i