HomeMy Public PortalAbout2004-138 (08-17-04)RESOLUTION NO. 2004.138
PERMIT NO.
OPERATION
NIGHTCLUB
ALCOHOLIC
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LYNWOOD APPROVING APPEAL NO.
2004-02 AND APPROVING CONDITIONAL USE
2004-20 PERMITTING THE
OF A RESTAURANT AND
(EL FARALLON) PROVIDING
BEVERAGES FOR ON-SITE
GENERAL CONSUMPTION (TYPE 47) AT 10700
ALAMEDA STREET, IN THE C-3 (HEAVY
COMMERCIAL) ZONE, ASSESSOR PARCEL
NUMBER 6170-002-026, CITY OF LYNWOOD,
COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA.
WHEREAS, the Lynwood City Council, pursuant to law, on August 17, 2004
conducted a public hearing on the conditional use permit; 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
conditional use permit; and
WHEREAS, the Lynwood City Council considered all public oral and written
testimony offered at the public hearing; and
WHEREAS, the Development Services Department has determined that the
proposal may have significant impacts on the environment, an Initial Study was
prepared pursuant to the provisions of the California Environmental Quality Act (CEQA)
guidelines. Mitigation measures have been incorporated into the project to reduce
potential impacts to a level of insignificance and a Negative Declaration was prepared.
Section 1. The City Council of the City of Lynwood hereby finds and determines
as follows:
The site of the proposed project and the existing building are adequate in
size and shape to accommodate the proposed restaurant and nightclub
and satisfy development standards.
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The granting of the Conditional Use Permit will not adversely affect the
General Plan and is consistent with 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 permitted uses in commercial zones and
nightclubs are conditionally permitted in all commercial zones.
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.
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. Mitgation measures and conditions of approval have
been incorporated into the project. A Negative Declaration was prepared.
The conditional use permit will comply with each of the applicable
provisions of the zoning chapter, except for approved variances. The
project is consistent with Chapter 25-10 of the Lynwood Municipal Code
(LMC) pertaining to permitted and conditionally permitted uses in the C-3
zone, consistent with LMC Chapter 25-16.27 regulating places of public
assembly and consistent with LMC Chapter 25-16.20 regulating alcohol
serving establishments.
The project would remedy a blighted property and provide a land use on a
vacant property.
The restaurant and nightclub would provide jobs and provide revenue for
the City (i.e. sales tax, property tax, building permits, plan check fees,
business licenses, etc.)
The project would retain a business displaced by the Lynwood Unified
School District in the City of Lynwood.
Section 2. The City Council of the City of Lynwood, based upon the
aforementioned findings and determinations, hereby approves Appeal No. 2004-02 and
Conditional Use Permit No. 2004-20, provided the following conditions are
implemented and complied with at all times.
CONDITIONS OF APPROVAL
DEVELOPMENT SERVICES DEPARTMENT
The business establishment shall comply with all applicable regulations of the
Lynwood Municipal Code, the California Building Code, the Health and Safety
Code, the Los Angeles County Fire Code and the State Department of Alcoholic
Beverage Control.
Any proposed subsequent modification of'the subject site or structures thereon
shall be first reported to the Development Services Department, Planning
Division, for review.
The applicant and/or his representative shall sign a Statement of Acceptance
stating that he/she has read, understands, and agrees to all conditions of this
resolution prior to issuance of any building permits.
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 observed otherwise such conditional use permit shall become null and
void. The applicant may apply for one ninety (90) day extension provided such
extension is made in writing prior to the expiration date.
PLANNING DIVISION
The project shall' provide a minimum of ten feet (10') 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.
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The project shall provide landscaping consisting of a minimum of seven percent
(7%) of the gross lot area. Such landscaping shall be installed and maintained
pursuant to approved landscaping and permanent irrigation plans. Such plans
shall be submitted and approved prior to the issuance of building permits.
The applicant shall submit a comprehensive sign program prior to the issuance
of building permits. Such sign program shall comply with Chapter 25-33 of the
Lynwood Municipal Code and consist of individual channel letters and approved
colors.
The applicant shall provide a minimum of two (2) trash enclosures on-site and
located within one hundred feet (100') of the building. Such refuse areas shall
be surrounded on three (3) sides by a solid masonry, brick or concrete fence that
shall be a minimum of five feet (5') in height and shall be enclosed with a solid
and sight-obscuring decorative gate.
The applicant shall install a solid block wall, a minimum of ten feet (10') in height
along the southerly and easterly property lines. Such fencing shall have
engineering calculations and details approved by the Building & Safety Division.
The applicant shall obtain a fence permit prior to installation.
The applicant shall submit, implement and maintain a detailed and
comprehensive security plan. Such security plan shall include but not be limited
to:
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A site plan and detailed written description of security measures,
personnel, locations and hours.
Security shall be provided a minimum of one (1) hour after closing or 3:00
a.m. on Fridays, Saturdays and Sunday mornings.
No loitering in the parking lot or areas outside the building shall be
permitted at any time. Post no loitering signs.
Security personnel and traffic blocking instruments shall be maintained on
Little (east) Alameda Street and 108~h Street and a minimum of one (1)
hour after closing on weekends and holidays. Only residents and guests
may enter residential streets.
Security personnel shall regularly drive Santa Fe Avenue, 108th Street and
surrounding streets to ensure no loitering or trespass pertaining to
business patrons exists.
The applicant shall 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.
Install security cameras to the interior and exterior of the premises.
Prohibit parking outside the business on the streets.
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.
The applicant shall implement and maintain a detailed exterior lighting plan for
the parking lots areas and the exterior of the business. Such lighting plan shall
illuminate parking and other public areas. Lighting shall be screened and
directed away from adjacent properties.
The building exterior shall consist of improvements, materials and colors as
reviewed and approved by the Lynwood Redevelopment Agency prior to
construction.
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Adult activities are strictly prohibited pursuant to Section 25-16.19.d of the
Lynwood Municipal Code.
The applicant shall receive approval of a special permit business license by the
Lynwood City Council for live entertainment and dance hall.
Hours of operation shall not extend beyond 10:00 a.m. to 11:00 p.m. Sunday
through Thursday, and 10:00 a.m. to 2:00 a.m. on Friday, Saturday and holidays.
The project shall provide a minimum of one (1) parking stall per one hundred
(100) square feet of gross building area, or a minimum of 311 parking stalls.
Such parking stalls shall have minimum dimensions of 9' X 20'. Handicap
parking stalls shall be provided pursuant to ADA standards.
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.
The parking area and exterior of the business shall be maintained in a neat,
clean and sanitary condition at all times.
After issuance of the Certificate of Occupancy no outside storage of materials of
any kind shall be permitted.
The applicant shall hire a certified acoustical engineer to perform a detailed
noise analysis of the subject property and surrounding properties. The
acoustical analysis shall identify compliance with the City's Noise Ordinance set
forth in Lynwood Municipal Code Section 3-12. Such study shall be presented to
the City Council.
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.
The applicant shall install climbing vines at the base of the block wall along the
perimeter of the property adjacent to 108th Street. A detailed landscaping plan
and permanent irrigation system shall be submitted prior to the issuance of
building permits.
The applicant shall install trees along the s°uth and east property lines inside the
fence. Such trees shall be tall and fast growing to create a buffer for the
residential properties.
The westerly driveway shall be entrance only and the easterly driveway shall be
exit only on Fridays, Saturdays and special events. Security personnel shall
monitor and direct traffic.
The applicant shall submit a construction plan and time frame for exterior
improvements prior to the issuance of building permits.
The conditional use permit shall be brought back to the Planning Commission for
review of said conditions within six (6) months of approval.
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.
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The applicant shall not exceed building occupancy loads as established under
the California Building Code, Los Angeles County Fire Code, or which may be
more restrictive based on the recommendation of Los Angeles County Sheriff in
the security plan.
The applicant shall secure all licenses from the State Department of Alcoholic
Beverage Control. A copy of said license shall be submitted to the Development
Services Department, Planning Division.
The applicant shall obtain and keep current all required City of Lynwood
business licenses.
No exterior advertising of alcoholic beverages shall be permitted.
No temporary signs, banners or advertising shall be permitted.
The applicant shall install decorative security gates across both driveways. Such
gates shall be closed and secured during non-business hours. The applicant
shall submit plans and obtain a fence permit prior to installation.
The applicant shall receive and submit a written determination from Southern
California Edison to the Development Services Department, Planning Division.
Such written determination shall identify Edison poles on-site regarding
undergrounding and related concerns or conditions from the utility company.
Such determination shall be submitted prior to building plan check.
The outside patio area may only be utilized during lunch hours (i.e. 10:00 a.m. to
3:00 p.m. daily. The outside patio shall not be used for any reason after 3:00
p.m. daily.
The applicant shall identify emergency routes from both stories in the building.
Such emergency route plan shall be submitted to the Development Services
Department, Planning Division and posted on the second floor.
Failure to comply with all conditions set forth in the Resolution and/or any
applicable municipal code, state or federal law shall be grounds for revocation
proceddings.
BUILDING AND SAFETY DIVISION
All construction shall meet 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 Los Angeles County Fire Code - 1999 edition;
The National Electric Code - 2001 edition;
All as amended by the California Building Code of 2001.
In case 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.
DEPARTMENT OF ENVIRONMENTAL SERVICES/ENGINEERINC
41. The site plan is incorrect. Show all existing buildings and utility poles.
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Submission and recordation of a parcel map is required, Certificate of
Occupancy will not be issued prior to the recordation of a subdivision map.
Submit a grading plan prepared and signed by a registered Civil Engineer. The
grading plan will be checked by the Department of Environmental
Services/Engineering Division. No building permits will be issued prior to the
approval of a grading plan.
Reconstruct damaged sidewalk along 108th Street, Martin Luther King Jr.
Boulevard and Alameda Street.
Close all existing drive approach(es) fronting proposed development and
construct proposed drive approach(es) per APWA standards.
Grind and overlay 11/2'' minimum existing pavement along 108th Street from edge
of gutter to edge of gutter along proposed development.
Connect to public sewer. Each building shall be connected separately.
Construct laterals 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 Department of Environmental Services/Engineering Division.
Root prune all existing street tree(s) and install root barriers at Alameda Street
fronting development site.
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.
Construct tree well covers per APWA standards for existing and proposed street
trees.
Regrade parkway and landscape with grass on Martin Luther King Jr. Boulevard.
Underground all new utilities. Underground existing utilities if any modifications
are proposed for the electric service panel.
All Edison vaults and utilities shall be placed underground.
A permit from the Engineering Division is required for all off-site improvements.
All required water meters, meter service changes and/or fire protection lines shall
be installed by the developer. The work shall be performed by a licensed
contractor hired by the developer. The contractor must obtain a permit from the
Department of Environmental Services/Engineering prior to performing any work.
This development is subject to the City's Standard Urban Stormwater Mitigation
Plan Ordinance (SUSMP) which requires stormwater runoff from the site to be
filtered. Pursuant to Section 14.13 of the City for Lynwood Municipal Code
relating to the control of pollutants carried by stormwater runoff, structural and/or
treatment control best management practices (BMP's); a maintenance
agreement for the Standard Urban Stormwater Mitigation Plan (SUSMP) shall be
signed by the owner(s) and submitted to the Department of Environmental
Services/Engineering Division.
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Remove existing and unused wooden pole located at the northeast corner of
Alameda Street and 108th Street.
Construct landscaped median islands on Martin Luther King Jr. Boulevard
between Alameda Street and Santa Fe Avenue. Plans shall be reviewed and
approved by the City.
The developer shall investigate the feasibility and implementation of vacating a
section of 108th Street west of the alley and construct a street knuckle to
eliminate through traffic on 108th Street. This will require land dedication from
the developer. The City will review and approve street knuckle design.
Underground all existing power poles located on site.
The developer is required to submit a traffic study prepared by a registered traffic
engineer to determine traffic impact and mitigation measures.
CODE ENFORCEMENT
The developer shall cut back all overgrown vegetation anhd shall remove and
junk, trash and debris throughout the property.
LOS ANGELES COUNTY SHERIFF DEPARTMENT
No vehicle access from Alameda Street or 108th Street shall be allowed.
Increase the size of the wall and/or add shrubbery to decrease noise from the
business onto 108th Street as planned. Research if it is possible to soundproof
or reduce sound past the wall.
Add an interior wall or courtyard inside the lot and outside the entrance doors to
help reduce noise.
Ensure appropriate level of lighting in parking lot to discourage thefts from
vehicles or crimes against persons in the lot.
Ensure adequate interior and exterior security personnel levels to discourage
crime and inappropriate activitiy during all hours of business operation. Assign
additional lot security and continuance of current extra Sheriff's patrol (two (2)
patrol deputies 2200 hours until 0300 hours on weekend evenings (Friday,
Saturday and special events).
Add emergency routes from second stoW.
Install recorded security cameras to interior and exterior.
Parking outside the business shall be prohibited or discouraged.
LOS ANGELES COUNTY FIRE DEPARTMENT
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.
Section 3. A copy of Resolution No. ?pn,~_13A 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.
PASSED, APPROVED AND ADOPTED this 17th day of August, 2004 by
members of the Lynwood City Council.
ATTEST:
LOUIS BY R[3-~Ma~;or
Lynwood Planning Commission
ANDREA L. HOOPER, City Clerk
City of Lynwood
~~"~l'rr City Manage
City of Lynwood
APPROVED AS TO CONTENT:
Development Services Department
APPROVED AS TO FORM:
RNOLDO BELTRAN, City Attorney
ity of Lynwood
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: NONE
ABSTAIN: NONE
ABSENT: NONE
COUNCILMEN PEDROZA, RODRIGUEZ, SANT]LLAN, VASQUEZ AND BYRD
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. 2004.138 on file in my office and that said
resolution was adopted on the date and by the vote therein stated.
Dated this __17_ttL day of August
,2004.
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