HomeMy Public PortalAbout3389 RESOLUTION No. 3389
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LYNWOOD APPROVING CONDITIONAL
USE PERMIT NO. 2018-01 MODIFICATION TO MODIFY
EXISTING CONDITIONAL USE PERMIT NO. 2012-04
MODIFICATION TO ALLOW SPECIAL EVENTS SUCH AS
CONCERTS AND LIVE ENTERTAINMENT; THE
PROPERTY IS LOCATED AT 10700 ALAMEDA AVENUE,
FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER
6170-002-045 IN THE C-3 (HEAVY COMMERCIAL)
ZONE.
WHEREAS, the Lynwood Planning Commission, pursuant to law, on December 11,
2012, conducted a public hearing and collected all comments, recommendations and
suggestions and continued the item until; and
WHEREAS,the Lynwood Planning Commission,pursuant to law,on January 2,2013,
approved Resolution No. 3298 to establish a restaurant and banquet facility with a type
47(on sale general for bona fide public eating place) alcohol beverage control license at
10700 Alameda Avenue(Property); and
WHEREAS,the Lynwood Planning Commission,pursuant to law,on January 2,2013,
approved Resolution No.3301 and No.3300 to change the general plan designation from
M (Manufacturing),to C(Commercial) and zone change from M (Manufacturing)zone to
C-3(heavy Commercial)in order to establish a restaurant and banquet facility with a type
47(on sale general for bona fide public eating place)alcohol beverage control license at
10700 Alameda Avenue(Property); and
WHEREAS, the Lynwood Planning Commission, pursuant to law, on February 11,
2014, approved Resolution No. 3328 to expand time restrictions that limit sale hours of
operations, modify restrictions on the operation of the facility, modify the configuration of
the parking lot and banquet hall layout in conjunction with the operation of an existing type
47 alcoholic beverage control(ABC)license for the on-site sale at a general bona fide public
eating place;the property is located at 10700 Alameda Avenue(Property); and
WHEREAS, the establishment and licensing of a sit-down restaurant and banquet
facility with a Type 47 ABC requires a Conditional Use Permit in the Heavy Commercial (C-
3)Zone; and
WHEREAS, the Lynwood Planning Commission, pursuant to law, on January 2,
2013, approved the Mitigated Negative Declaration which includes measures and
conditions of approval incorporated into the project that would reduce potential impacts
to a level of insignificance; and
WHEREAS, the Lynwood Planning Commission, pursuant to law, on May 8, 2018,
conducted a public hearing and collected all comments, recommendations and suggestions
and;
WHEREAS, the applicant seeks to provide the City's residents, businesses and civic
groups with additional special events and a more diverse public assembly options such as
concerts and live entertainment; and
Section 1. The Planning Commission hereby finds and determines as follows:
A. That the proposed Conditional Use is consistent with the General Plan;
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The proposed modification to include special events such as concerts and live
entertainment to the existing restaurant and banquet facility are uses that are
consistent with the City's General Plan, Goal LU-2 of the General Plan encourages
land use planning that accommodates the City's needs for goods and services. The
special events will provide more amenities options to all City residents.
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3. That the nature,conditi in,and development of adjacent uses,buildings,
and structures have been considered,and that the use will not adversely
affect or be materially detrimental to these adjacent uses, buildings, or
structures;
The proposed CUP Modification will not have an adverse affect on surrounding
properties as a detailed list of Conditions of Approval have been prepared. Proposed
. conditions of approval include requirements for the implementation of a security and
on-site traffic plan, providing additional on-site lighting, and the installation and
placement of anti-loitering signage throughout the subject propery.Additionally,the
subject property currently has a (10') masonry wall around the perimeter of the site
in order to minimize impacts to adjacent uses.
C. That the site for the proposed conditional use is of adequate size and
shame to accommodate the use and buildings proposed;
The subject property is approximately 3.03 acres in size, which is adequately sized
to allow the operation of a restaurant and banquets facilities with an ancillary ABC
license. The applicant is proposing to renovate and remodel the vacant and
abandoned 35,357 sq. ft. 2 story building as well as provide overall site
improvements including increased lighting and landscaping.
D. That the propOted conditional use complies with all applicable
development standards of the zoning district;
Zone Change from M (Manufacturing) to C-1 (Heavy Commercial) Anna was
approved by the Planning Commission on January 2, 2013,the subject property's
zoning designation and development standards are consistent with the proposed
conditional use modification.
E. That the proposed conditional use obseries the spirit and intent of this
Zoning Code.
The Heavy Commercial zone provides for a variety of rood related uses including sit-
down restaurants, as well as places of public assembly,and entertainment centers.
Section 2. The Planning Commission of the City of Lynwood hereby recommends
approval of Conditional Usc Permit No. 2018 01 Modification, subject to all conditions,
restrictions and limitations set forth as follows:
CONDHTIO 1S OF APPROVAL
DEVELOPMENT N'T SERVIC1 S DEPARTMENT
RTME3 T
: . The project shall comply with all regulations of the Lynwood Municipal Code, the
California Building Code,the Los Angeles County Fire Code,other City Departments
and applicable State and Federal regulations.
2: Any subsequent modification of the subject site or structures t,ereon shall be first
reported to the Development Services Department, Planning Division,for review.
3. The applicant shall sign a Statement of Acceptance stating that: they have read,
understand, and agree to all conditions of this this ..,:pproval prior h issuance of any
h,iu1inr i
permit c,
SCAD
4. The Conditional Use Permit approval shall lapse and become void one
(1) year from the date (May 8, 2018) of this document unless all
conditions of said permit are met and a building permit is issued or
substantial progress has been made toward establishing this use.
5. All appeals must be brought within ten (10)working days of the date of
the final action by the Planning Commission.An appeal will be scheduled
for public hearing before the Lynwood City Council. Persons filing the
appeal must submit application and pay a fee of$1,154.62
6. The Applicant shall agree to defend at his sole expense any action
brought against the City, its agents, officers, or employees, because of
the issuance of this approval. The Applicant shall reimburse and
indemnify the City,its agents,officers or employees for any award,court
costs, and attorney's fees which the City, its agents, officers, or
employees may be required to pay as a result of such action. The City
may,at its sole discretion,participate at its own expense in the defense
of any such action, but such participation shall not relieve Applicant of
his obligations under this condition.
PLANNING DIVISION
7. The applicant shall comply with all established mitigation measures identified in
the project's Mitigated Negative Declaration, including security and traffic plans.
Any modifications or alterations to established mitigation measures must be
presented to the Planning Division for review and consideration.
8. The existing Truck Storage as approved by Ordinance No. 1607 shall be terminated
before a Certificate of Occupancy is issued for the proposed restaurant and
banquet facility.
9. All banquet events and activities shall be limited to a total area of 14,176 square
feet (Banquet Hall No. 1 is 5,976 square feet and Banquet Hall No. 2 is 8,200
square feet) and the restaurant area of 2,312 square feet is comprised of the
restaurant area which is 1,031 square feet, and kitchen area is 1,281 square feet
as identified on the approved plans.
10. The parking lot layout will consist of 171 regular parking stalls, 6 handicapped
parking stalls and 146 stalls that are designated for a vehicle admission
management system,to be implemented free of charge,for a total of 323 parking
stalls. The proposed use as modified provides 323 parking stalls, which are
exceeded by 6 through the approval of a Minor Variance.
11. The sales, service, and consumption of alcoholic beverages in the restaurant and
banquet facilities shall be permitted only between the hours of 9:00 a.m.and 2:00
a.m., seven days a week.
12. There shall be no 24 hour operation of the restaurant or banquet facility.The hours
of operation for the restaurant and banquet shall be 6:00 a.m. to 2:00 a.m.,
everyday of the week.
13. The applicant shall comply with all conditions of approvals set forth Resolutions
No. 3300, 3301, 3328, 3298, 2013.010 &2013.011.
14. The applicant shall install decorative security gates across 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.
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15. A special permit from the City Council of the City of Lynwood is required for all live
entertainment and dancing. Dancing shall be limited to the banquet facility and
the restaurant only when the restaurant is leased in conjunction with the banquet
facility.There shall be no dancing as an ancillary use with the posed restaurant.
16. There shail.be no outdoor music,.outdoor events_or outdoor dancinc
banquet facility that is open to. all .age... The operation .of;a night-club or an
exclusive dance hall is prohibited, however special events such as concerts,
live entertainment events are allowedprovided that the business
complies andobtains a permit in accordance with the reouirements of
Lvnwood Municipal Code Section 25-25-7 entitled "Entertainment
Establishments." .: -. . -- - .-; -. .. . '
prornotcrs in order to operate a night club is strictly prohibited.
18. Events in the banquet facility shall be limited to private engagements including
weddings, anniversaries, business meetings and conventions: There shall bc no
19. The restaurant must be maintained as a bona fide eating establishment. An eating
establishment as defined by the Alcoholic Beverage Control Board must include
the following items..
A. One conventional range/oven
B. An automatic dishwasher
C. A double sink
D. A 25 cubic foot refrigerator
E. A four-foot by six-foot food preparation area
20. The sale of alcoholic beverages for consumption off the premises is strictly
prohibited.
21. Any music or noise shall conform to the City of Lynwood's Noise Ordinance.
22. The applicant shall post signs within and around the subject property stating that
"loitering is strictly prohibited"and shall enforce such policy.
23. There shall be no exterior advertising of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of
alcoholic beverages.
24. It shall be the applicant(s) responsibility to ensure that no alcoholic beverages are
consumed on any property adjacent to the licensed premises under the control of
the applicant(s).
25. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales
of food during the same period.
26. The premises shall be maintained as a bona fide eating establishment and shall
provide a menu containing an assortment of foods normally offered in restaurants.
27. This land use authorization is only for a Type 47 on-sale general, public eating-
place, any other license use at this location will require a new land use clearance.
28. Neither thin applicant, nor any person or entity operating the premises with the
permission of the applicant, shall violate the City's adult entertainment ordinance.
29. The applicant shall submit a detailed sign program detailing all proposed sign
locations,sign types and colors.The installation of flags,A-frames or painted signs
is prohibited.
30. The applicant shall install, use, and maintain in good working condition
a video security system capable of viewing and recording events at the
Property as approved by the City Manager or designee. The video
security system shall be on and operating at all times during business
hours and until all activity at the entertainment establishment has
ceased and all patrons have cleared the establishment and parking area.
The video security system shall be of such to provide images of such a
resolution as to clearly identify individuals for later identification.
a. The applicant shall ensure that at least one employee or
other person is present on the premises during normal business hours
with the necessary knowledge and skill to operate the video security
system so that he or she is able to provide the Sheriff's Department
copies of video recordings immediately upon request.
b. Responsible persons shall preserve the video security
system's recorded information of each business day for a period of not
less than ten (10) business days thereafter for the Sheriff's
Department's review in connection with a criminal or other
investigation.
31. Queuing lines shall be managed in an orderly manner and all disruptive
and intoxicated persons shall be denied entry.Any queue located on the
exterior of a building shall not obstruct the entry or exit doors of
adjacent businesses and residences, and shall be located in such a
manner that the adjacent sidewalk has at least three feet (3') of
unobstructed clearance. All requisite City approvals and permits shall
be obtained prior to placing or using any stanchions, rope,balusters, or
similar barriers for queues.
32. Responsible persons shall not cause, allow, permit, or suffer any
nuisance condition at the entertainment establishment,parking area,or
adjacent public right-of-way.Such nuisances include,but are not limited
to, disorderly conduct, disturbances of the peace, public drunkenness,
consumption of alcohol in public, harassment of passersby, gambling,
prostitution, loitering, public urination, lewd conduct, and possession,
use,or sales of controlled substances.
33. Any graffiti painted or marked upon the premises of an entertainment
establishment or any adjacent area under the ownership, possession,or
control of the responsible person for the entertainment establishment
shall be removed or painted over within 24 hours of its application.
34. There shall be no public telephones located on the exterior of the
premises of an entertainment establishment. All interior pay phones
shall be designed to allow outgoing calls only.
35. A sign indicating the maximum occupancy as approved by the City shall
be posted as directed by the City Building Official. No responsible person
shall cause,allow, permit,or suffer any person to enter or remain in the
entertainment establishment (or any area thereof) in excess of the
approved maximum occupancy.
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36. Responsible persons shall provide consent for and access by any person
responsible for the enforcement of the provisions of this Chapter or any
other provisiiori of this Code to enter any portion of the entertainment
establishment, without charge, at any time during normal business
hours or during which any operations are occurring at the Property in
ones tO verity coma-fiance with -#Iiia permit s nciedting an ail?roved
security phan And ABC license), the provisions of this Chapter oa any
other portion of this Ci de,or any other applicable law or regulation.
37, The applicant shall obtain a business license from the City of Lynwood's Business
License Division prior to operating business activities.
38. Failure to comply with all conditions set forth in the Resolution, Mitigated Negative
Declaration and any applicable municipal code, state,federal law shall be grounds
for revocation proceedings.
39, The conditional use permit shall be brought back to the Planning Commission for
review of said conditions with-in six(6) months of approval or as requested by the
Planning Commission.
40. No trucks parking during special events, owner will not renew truck
lease parking after December 2013.
BUILDING A AND SAFETY DIMSMA
41. The applicant shall not exceed building occupancy loads as established under
California Building Code, Los Angeles County Fire Code, or which may be more
restrictive hacar'l nn t a recommendation nf the Los An les County Sherri ff
Y I �I f l l l,
42, Applicant/property owner must provide a copy of permit card signed by all other
departments prior to scheduling a final inspection
43. Ail construction shall meet or exceed the minimum building standards that are
referenced d in the following codes.
a The California Building Code - 2016 edition;
.The California Plumbing Code-2016 edition;
a The California Mechanical Code 2016 edition;
aThe Los Angeles County Fire Code—2016 edition;
The California Electrical Code—2016 edition;
In cases 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.
LOS ANGELES.,COUNTY LF -Ds •AR i14,
44. The Applicant shall comply with ail code requirements and conditions set forth by
the Los Angeles County Fire Department, Fire Prevention Division, 5823
Rickenbacker Road, Commerce, CA 90040, (323) 1300-4243. Firnail approvals
from the Los ii.igaies Count?/ Fire Department most be oh:iai fedi prior to
Ile S'a:en ce of avy building permits.
M1aC LLAT EOU5
45 'The, er ''lice ., siWa defend, .!1 l:em,d t, end bold hT3rng the city, "
ate: �i:'.,.,
',i ne a.it?d ill Pip; tui': -ni11d., i'il���lr-.r..en If711 3
any claim, action, or proceedings (brought against the city, its elected
and appointed officials, agents, officers, or employees arising out of, or
which are related to the City's process or approval of applicant's project,
Such actions include but are not limited to: actions to attack,set aside,
void, or otherwise modify, an entitlement approval, environmental
review, or subsequent permit decision; actions for personal or property
damage; actions based on an allegation of an unlawful pattern and
practice (including administrative or alternative dispute resolution)
(collectively referred to as "Proceedings"). Applicant agrees to
indemnify and reimburse the city for any and all costs incurred in
defense of such Proceedings or actions. This includes, but it not limited
to, the payment of all court costs and attorneys'fees, all judgments or
awards,damages, and settlement costs.The indemnity language in this
paragraph is intended to be interpreted to the broadest extent permitted
by law and shall be in addition to any other indemnification language
agreed to by the applicant. This indemnity provision shall include the
applicant's obligation to indemnify the city for all the city's costs, fees,
and damages that the city incurs in enforcing the indemnification
provisions set forth herein. The city shall have the right to choose its
own legal counsel to represent the city's interest in the proceedings.
Section 3. A copy of Resolution No. 3389 and its conditions shall be delivered to
the Applicant.
APPROVED AND ADOPTED this 8th day May 2018, by members of the Planning
Commission,voting as follows:
AYES: Enciso, Battle,Casanova.
NOES:West.
ABSENT: Ortiz.
ABSTAIN:
Lynwood Planning Commission •
John Yonai, nteri6D ector Jo W. Lam, Agency Attorney
Community Development Department PI nniAig Commission Counsel