HomeMy Public PortalAbout2005-104 (07-05-05)RESOLUTION NO.
2005.104
A RESOLUT1~ON OF THE CITY COUNCI~L OF THE Ct'TY
OF LYNWOOD DENYZNG APPEAL NO. 2005-04
THEREBY UPHOLDING THE DECI*SI'ON OF THE
LYNWOOD PLANNING COMMI!SSION TO DENY
COND?TIONAL USE PERMIT NO. 2005-14; A REC~UEST
TO ESTABLTSH AND OPERATE A TRANS1rTIONAL
L1~VTNG FACILI'TY/HOMELESS SHELTER WITHIN AN
EXISTZNG ONE-STORY BU1rLDING LOCATED AT 4271
CARLZN AVENUE, ACCESSOR PARCEL NUMBERS
6186-011-025, I'N THE R-3 (MULTI'PLE FAMILY
RESI'DENTt'AL) ZONE, CTTY OF LYNWOOD, COUNTY
OF LOS ANGELES, STATE OF CAL'rFORNI'A.
WHEREAS, the Lynwood Planning Commission, pursuant to law, on May 10,
2005 conducted a public hearing on Conditional Use Permit No. 2005-14; and
WHEREAS, the Lynwood City Council considered all oral and written testimony
offered at the public hearing; and
WHEREAS, the Lynwood City Council conducted a duly noticed public hearing on
Appeal No. 2005-04 (Conditional Use Permit No. 2005-14) on July 5, 2005; and
WHEREAS, the Development Services Department has determined that the
proposal is not categorical exempt from the provisions of the California Environmental
Quality Act (CEQA) as the land use may present potentially significant impacts to
properties in the vicinity; and
Section 1. The City Council of the City of Lynwood hereby finds and determines
as follows:
Ao
The granting of the proposed conditional use permit may adversely affect
the comprehensive General Plan. The General Plan land use designation
is Multi-Family Residential that is consistent with the subject property that
has a R-3 (Multiple-Family Residential) zoning. Policy LU-1.2 of the Land
Use Element of the General Plan calls for nonresidential uses to be
compatible with residential uses in a residential district. The transitional
facility may negatively impact residential properties in the area.
The proposed location of the condition use is not in accord with the
objectives of the zoning chapter and the purpose of the zone in which the
site is located. The Lynwood Municipal Code allows the land use pursuant
to a conditional use permit. Activities associated with a transitional living
facility or homeless shelter may be incompatible with residential areas.
The location of the conditional use and the conditions under it is being
operated are detrimental to the public health, safety and welfare and are
materially injurious to properties and improvements in the vicinity. City
staff and the Los Angeles Sheriff Department closed and vacated the
illegal homeless shelter as no zoning entitlements, plan check, inspections
or permits were obtained prior to occupancy. Code violations and
potential health concerns surrounding the homeless shelter cannot ensure
the life, health, safety and welfare of occupants or the general public.
_]_
A homeless shelter is intensive in nature and may have illegal activities to
include but not be limited to drug use, alcohol use, illegal occupancy,
loitering and health/sanitary concerns..
The applicant has not demonstrated that there is a need for this facility in
the area and the facility would serve the needs of Lynwood residents.
The applicant established the proposed use without approvals from the
City of Lynwood, Los Angeles County Fire Department or Los Angeles
County Health Department.
The applicant has not provided credentials or State licenses to operate the
proposed transitional living facility/homeless shelter.
Section 2. The City Council of the City of Lynwood, based upon the
aforementioned findings and determinations, hereby denies Appeal No. 2005-04
thereby upholding the decision of the Lynwood Planning Commission to deny
Conditional Use Permit No. 2005-14.
Section 3. This Resolution shall become effective immediately upon its adoption.
ADOPTED and DENIED this 5u~ day of 3uly, 2005 by members of the
LynwoodPlanningCommission, votingasfollo~.-~, ~,-"~
A'FI'EST: ~,~,~.. ?N ~-Ob R~G U EZ, Mayor
City of Lynwood
ANDREA HOOPER, City Clerk
City of Lynwood
/~t~I~R:[~UE M~RT~NEZ, City~ager
City of Lynwood
APPROVED AS TO CONTENT:
G~RANT TAYLC~, Director
Development Services Department
APPROVED AS TO FORM:
NOL~)'%ELTRAN City~ Attorney
city of
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 _~th day of .1,,17 ,2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEN BYRD, PEDROZA, SANTILLAN, VASQUEZ AND RODRIGUEZ
NONE
NONE
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. 2005.104 on file in my office and that said
resolution was adopted on the date and by the vote therein stated.
Dated this 5th day of July
,2005.
City Clerk, City of Lynwood
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