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:
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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.
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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.
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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.
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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
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