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HomeMy Public PortalAbout2005-019 (02-15-05)RESOLUTXON NO. :,oo~.o].~ -DENY A RESOLUTZON OF THE CXTY COUNCIL OF THE cTrY OF LYNWOOD DENYI'NG APPEAL NO. 2005-01, THEREBY UPHOLDXNG THE DECt*SI'ON OF THE PLANNING COIqMXSS:[ON TO DENY CONDI'TXONAL USE PERI~II'T NO. 2004-39; A RE(~UEST TO ESTABLI'SH AND OPERATE AN AUTO REPAYR SERVYCE FAC]LXTY XN CON3UNCTTON WTI'H AN EXXSTYNG AUTO PARTS RETAI'L STORE, ON A PARCEL TOTALXNG 6,300 SQUARE FEET I'N AREA, LOCATED AT 11122-11124 ATLANT*rC AVENUE (APN 6194-012-006), I'N THE C-3 (HEAVY COIqHERCt'AL) ZONE, CI'TY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALI'FORNt'A. WHEREAS, the Planning Commission of the City of Lynwood, pursuant to law, conducted a public hearing on .lanuary :[1, 2005 and denied Conditional Use Permit No. 2004-39; and WHEREAS, the Lynwood City Council conducted a duly noticed public hearing regarding Appeal No. 2005-01 on February 15, 2005; and WHEREAS, the Lynwood City Council has carefully considered all public oral and written testimony offered at the public hearing; and WHEREAS, the Development Services Department has determined that the project is categorically exempt from the California Environmental Quality ACt Pursuant to section 15301 (a). The project may have significant impacts on properties in the area to include but not be limited to traffic, parking, noise, light, glare, and air quality. Section 1. The City Council of the City of Lynwood hereby finds and determines as follows: That the granting of the proposed Conditional Use Permit will adversely affect the General Plan. The General Plan Land Use Designation is Commercial and that is consistent with a C-3 (Heavy Commercial) zoning. The General Plan calls for a variety of commercial, retail and services establishments to serve the needs of the public. An over saturation of auto uses is present of which the majority are poorly maintained with code violations to include the subject property. That the proposed location of the Conditional Use is not in accord with the objectives of the Zoning Ordinance and the purpose of the zone in which the site is located. Auto repair and service establishments are permitted subject to a conditional use permit and development standards. The property has insufficient parking, insufficient vehicle access area, and no vehicle access from Atlantic Avenue. A parking variance would be required. That the proposed location of the Appeal and Conditional Use and the conditions under which it would be operated or maintained will be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The proposed auto repair area is adjacent to residential uses. The work area is insufficient in size that would lead to outside work incompatible with citizens living and working in the a rea. H:\WORDFILE\PI~ING\RESOS\reso3D51 11124 atlantic av - DENIED,doc That the proposed Conditional Use Permit does not comply with each of the applicable development standards set forth in Lynwood Municipal Code Section 25-16.15(d). The Lynwood Municipal Code requires a minimum of one (1) parking stall per 250 square feet of building area. A minimum of fifteen (15) parking stalls and only four (4) parking stalls are provided. In addition, auto uses are required to be a minimum of 500 feet apart. Other auto uses in the vicinity are closer than 500 feet. Landscaping is deficient. Inspections of the subject property indicate that auto repair activities have previously been conducted illegally without zoning entitlements, building permits or business licenses. Em Access to the auto repair facility would be from the public alley only. The alley is insufficient in width (20 feet) to accommodate fire department emergency vehicles. Section 2. The City Council of the City of Lynwood hereby denies the proposed project and denies Appeal No. 2005-01. ADOPTED and DENIED at a regular meeting of the Lynwood City Council held on the 15th day of ~_~:Z~.J~Z~. City of Lynwood ANDREA L. HOOPER, City C er ~.O~PH W~'N~ C~ty Mar~ APPROVED AS TO CONTENT: ~;'I:~NT TAYLORf~'ect°r - Development Services Department APPROVED ASTO FORM: RNOLDO BELTRAN, City Attorney ity of Lynwood H:\WORDFILE\PL~ING\P~ESOS\reso3051 11124 atlantic aY - DENIED,doc 2