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HomeMy Public PortalAbout2004-137 (08-17-04)RESOLUTTON NO. 2004.137 A RESOLUTI'ON OF THE CI'TY COUNCI'L OF THE CI'TY OF LYNWOOD APPROVI'NG VAR1'ANCE NO. 2004-03; TO REDUCE MTNI'MUM D1'STANCE RE(~UTREHENTS FROM FZVE HUNDRED FEET (500') TO FZFTY FEET (50') FOR ON-STTE GENERAL SALE OF BEER, Wi'NE, AND D1'ST1'LLED SPTR1'TS W]'TH]'N A BONA Fl'DE EATI'NG ESTABLI'SHMENT (TYPE 47), LOCATED AT 10700 ALAMEDA STREET ZN THE C-3 (HEAVY COMMERCI'AL) ZONE, ASSESSOR PARCEL NUMBER 6170-002-026, CTTY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CAL1'FORNTA. WHEREAS, the Lynwood City Council, pursuant to law, on August 17, 2004 conducted a public hearing on Variance No. 2004-03; and WHEREAS, the Lynwood Planning Commission, pursuant to law, on July 13, 2004 conducted a public hearing on the subject application and did not approve the variance; and WHEREAS, the Lynwood City Council considered all oral and written testimony offered at the public hearing; and WHEREAS, the Development Services Department has determined that the proposal may have potentially significant impacts, however, staff performed an Initial Study pursuant to the California Environmental Quality ACt (CEQA), mitigation measures and conditions of approval have been incorporated into the project to reduce potential impacts to a level of insignificance, a Negative Declaration was prepared. Section 1. The City Council of the City of Lynwood hereby finds and determines as follows: Bo 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 ~[ndustrial corridors are within 500 feet of residential zones. Only the areas on Alameda Street and Industry Way comply with current code requirements. 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. H :\WOR I)FILE\PLANNING\R ESOS\reso3019a.doc -1- Co 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. Do 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. Eo Fo 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. 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 zone change would make the property conforming. Section 2. The City Council of the City of Lynwood, based upon the aforementioned findings and determinations, hereby approves Variance No. 2004-03. Section 3. A Copy of this resolution shall be delivered to the applicant. APPROVED AND ADOPTED this 17th day of August, 2004, by members of the Lynwood City Council. 2 ATTEST: BY City of Lynwood ANDREA L. HOOPER, City Clerk City of Lynwood ]~O~EPH WA~ City MaSSager City of Lynwood APPROVED AS TO CONTENT: GRANT TAYLOR, E:~"~-e/cto~' Development Services Department APPROVED AS TO FORM: RNOLDO BELTRAN, City Attorney lanning Commission Counsel 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: NOES: ABSTAIN: ABSENT: COUNCILMEN PEDROZA, RODRIGUEZ, SANTILLAN, VASQUEZ AND BYRD 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 Resoluton No. -20O~..j.3.z__ 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 ,2004. City Clerk, City of Lynwood tt:\W()R I)FILE\PLANNING\R ESOS~reso3019a.doc -3-