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Home My Public Portal About2021.097 - (08-17-21) RESOLUTION NO. 2021.097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. 2021-02 FOR THE ESTABLISHMENT, USE AND MAINTENANCE OF A 139-STALL TRUCK CONTAINER STORAGE FACILITY AT 2801 LYNWOOD ROAD, (ASSESSOR' S PARCEL NUMBER 6169- 010- 003) WITH A CLASS 32 (IN- FILL DEVELOPMENT PROJECTS) ENVIRONMENTAL CLEARANCE WHEREAS, on March 1, 2021, Duke Realty, LP/Polynt Composites USA, Incorporated ("Applicant") applied for a Conditional Use Permit ("CUP") to establish, use and maintain a 139-stall truck container storage facility located at 2801 Lynwood Road, further described as Assessor's Parcel Number 6169-010-003 ("Site"); and WHEREAS, 2801 Lynwood Road is located in a M (Manufacturing) zone; and WHEREAS, Lynwood Municipal Code Section 25-130 provides the purpose and criteria for a CUP; and WHEREAS, Sections 65800 & 65900 of the California Government Code and Lynwood Municipal Code Section 25-130-3 (C) authorizes the Lynwood Planning Commission to approve, conditionally approve, or disapprove CUP applications; and WHEREAS, on May 27, 2021, fifty-five (55) notices were sent to property owners within 300-feet radius from the subject Site specifying the availability of the application plus the date, time, and location of the public hearing for CUP No. 2021- 02; and WHEREAS, pursuant to California Government Code Section 65091, a public hearing notice was published in at least one newspaper of general circulation within the local agency. As such, the notice was published in the Lynwood Press Wave on May 27, 2021. In addition, the notice was posted at three (3) public locations, which included inside City Hall, outside City Hall at the kiosk, and on the City's website; and WHEREAS, on June 8, 2021, the Lynwood Planning Commission held a duly noticed an advertised public hearing to receive oral and written testimony relative to CUP No. 2021-02; and WHEREAS, on June 8, 2021, the Lynwood Planning Commission sufficiently considered all testimony and approved CUP No. 2021-02 and adopted Resolution 3423 making findings and determinations with regard to the approval; and WHEREAS, on June 22, 2021, Moises Gomez, the owner of South Bay Iron, Inc., filed an appeal to the City Clerk' office, requesting to appeal the Lynwood Planning Commission's decision; and 1 WHEREAS, on July 8, 2021, fifty-five (55) notices were sent to property owners within a 300-feet radius from the subject Site, in addition to notices posted in three (3) public locations, and published in the Lynwood Press Wave, specifying the availability of the application, plus the date, time, and location of the public hearing for the appeal of CUP 2021-02; and WHEREAS, the City Council of the City of Lynwood held a duly noticed public hearing on August 17, 2021, to consider the appeal of CUP 2021-02; and WHEREAS, the City Council of the City of Lynwood has sufficiently considered all testimony resented to them in order to make the following determination. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Lynwood finds the recitals set forth above are true and correct and incorporated herein as if set forth in full. Section 2. The City Council of the City of Lynwood hereby finds and determines that CUP 2021-02 is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332 In-fill Development Projects and meets all of the required conditions (a)-(e) set forth under Section 15332 of the California Code of Regulations because the Project is consistent with the applicable general plan designation and policies as well as applicable zoning designation and regulations; the proposed Project occurs 'within City limits on a project site measuring approximately 4.6 acres and surrounded by existing urban uses; the Project site consists is currently a vacant and fully paved and has no value for endangered, rare, or threatened species; approval of the Project would not result in significant effects relating to traffic, noise, air quality, or water quality; the Project site can be served by all required • utilities and public services; and the Project does not trigger the .exceptions set forth. Section 3. The City Council of the City of Lynwood hereby finds and determines that facts do exist to justify upholding the Planning Commission's decision to approve CUP 2021-02 in accordance with Lynwood Municipal Code Section 25-130-5 as follows: A. That the proposed conditional use is consistent with the General Plan FINDING: The subject Site is zoned M (Manufacturing) with a General Plan designation of Manufacturing as well. The zone permits truck container storage facilities with an approved CUP. The relationship between the subject specific plan and municipal code are consistent with the City's General Plan. Goal LU-3 of the City's General Plan has set a goal that industrial uses must enhance the employment base of Lynwood through the provision of adequate lands dedicated 2 to industrial uses. The proposed use serves the intent of this goal as the project provides is creating a viable industrial use from land that is presently not serving the public or commerce in any manner. Permitting the proposed truck container storage facility would increase commerce activity and likely provide more employment opportunities for Lynwood residents for trucking services and the local delivery of products to market. As such, based upon the above findings, the subject conditional use permit is consistent with the City's General Plan. B. That the nature, condition, 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; FINDING: Imposing the recommended Conditions of Approval for the proposed truck container storage facility would result in an approval and use that will not be materially detrimental to any adjacent uses, buildings, or structures in the immediate vicinity of the subject Site. These safeguards will set in-place conditions of approval listed within CUP No. 2021-02 that will run with land. A visual survey was completed wherein it was determined that the proposed use will not adversely affect or be materially detrimental to any adjacent building or structure as the proposed truck container storage facility will be consistent with surrounding development. The proposed use is further safeguarded by the fact that the approved project will be required to complete on-going inspections by the Public Safety Division and other State and Federal agencies. These entities will ensure compliance with all their respective government codes. Furthermore, the proposed truck container storage facility will be reviewed by and require approval from the Los Angeles County Fire Department to ensure compliance with all current fire protection codes as well. The applicant will provide site security and be required to maintain the Site free of graffiti, as the CUP includes a condition that any graffiti placed within the control of the operator be abated and painted to match the existing surroundings within 24 hours its placement. The operator will also be required to ensure that no loitering occurs, at any time, to preserve a positive image of the community. Similarly, the newly developed Site meets all the development standards required of truck container storage facilities as prescribed by the zoning code. The proposed use will add safety to the surrounding area as lighting and security cameras will be installed throughout the Site. The recommended Conditions of Approval required by the Planning Division, in conjunction with the safeguards described above, have been developed and are intended to mitigate any potential adverse impacts to the adjacent uses and operational activities not adversely affects or be materially detrimental to adjacent uses, buildings, or structures. 3 C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; FINDING: The subject Site is sufficient in size and shape to accommodate the conditionally permitted truck container storage facility. The subject Site is approximately 4.6 acres in size and the proposed use will establish and maintain a 139-stall truck container storage facility. The proposed truck container trailer storage design meets on-site circulation requirementsand will improve egress and ingress to the entire Site in compliance with all City Engineering requirements. The proposed use will serve the Applicant's business needs and a demand in the industry market well served by the proposed use and provide an important service to local and surrounding population. The subject Site is well suited for the development of the proposed project due heavy manufacturing zone and designation. In contrast, the subject Site is not appropriate for commercial or any near future residential uses. As such, the proposed use is compatible with the surrounding uses, supports the existing character,of the area, and serves the needs of those who live, work, and visit the local manufacturing zoned area and compatible uses. D. That the proposed conditional use complies with all applicable development standards of the zoning district; and FINDING: The proposed conditional use application for a truck container storage facility is a straightforward use that operates in compliance with the City's manufacturing development standards. The proposed conditional use requests have been analyzed and staff has determined that the proposed use meets all applicable development standards established by the City's zoning code. The project has also imposed conditions will ensure that operation will complement the existing adjacent uses subject to the review, revision and final approval by the Planning Commission. Based upon the supporting facts, a finding is confirmed in the positive that the proposed conditional use application requests comply with all applicable development standards associated with the Site's underlying zoning and requirements and development standards. E. That the proposed conditional use observes the spirit and intent of this zoning code; FINDING: The project proposes to develop a truck container storage facility use or an overflow area in observance with the spirit and intent of the City's zoning code. The project Site is presently a vacant and presently paved land. The 4 proposed new truck container storage facility use will be consistent and in greater observance with the City's zoning code regulations and the spirit and intent of the City's zoning code. Some of the more compliant aspects of the project include the creation and development of a more attractive streetscape that upgrades the Site in compliance,with the goals and objectives of the Lynwood Zoning Code. As such, the proposed CUP will result in a project that observes the spirit and intent of the City's zoning code. Section 4. The City Council of the City of Lynwood hereby upholds the Planning Commission's Conditions of Approval. In addition, the City Council of the City of Lynwood approves one (1) added condition to address crime and site security concerns. This condition will be added under the heading "Community Development Department - Planning Division". Thereby changing the total number of conditions outlined on the Conditional of Approval from twenty-five (25) to twenty-six (26). The added condition shall read as follows: The Applicant, or his/her designees, shall install a 24-hour security camera system to the satisfaction of the Community Development Director. Section 5. The City Council of the City of Lynwood hereby DENIES the appeal of CUP 2021-02, a request to not allow the establishment, use and maintenance of a 139- stall truck container storage facility located at 2801 Lynwood Road. Section 6. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect. (Signatures on Next Page) 5 PASSED, APPROVED and ADOPTED this 17th day of August 2021. AI*? lirarna, . or ATTEST: dALjAje Maria Quinonez, City Clerk APPROVED AS TO FORM APPROVED AS TO CONTENT Noel Tapia, Ernie Herr . dez, City Attorney City Man. .. •r 6 STATE OF CALIFORNIA ) ) § COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of said City at its regular meeting thereof held in the City Hall of the City on the 17th day of August, 2021 and passed by the following vote: AYES: COUNCIL MEMBERS FLORES, SOLACHE, SOTO, MAYOR PRO TEM CASANOVA AND MAYOR SANTANA NOES: NONE ABSTAIN: NONE ABSENT: NONE ,, ,_ /„/ ./ A,4_ aria Quinonez, / City Clerk STATE OF CALIFORNIA ) ) § 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. 2021.097 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 August, 2021. Maria Quinonez, City Clerk j 7