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Home My Public Portal About2007-06-12 PLANNING COMMISSION - temp AGENDA L YNWOOD PLANNING COMMISSION MEETING CITY HALL COUNCIL CHAMBERS ,- 11330 BULLIS ROAD ,,' L YNWOOD, CA 90262 June 12, 2007 6:30 P.M. City qf I!NWOOD u\ Cltg uUeeliM9 Cba~~eM9e!l 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 603-0220 PLANNING COMMISSIONERS Lourdes Castro-Ramirez! Chair <Y Kenneth West Vice Chair Rita Patel Commissioner William Araujo Commissioner Dr. Carlos Manlapaz Commissioner COMMISSION COUNSEL Law Office of Ronald Wilson STAFF ~_A_41 ALL_AMElICA. CITY , ~ ~ ~ ~' ~..(!~ RECEDVED CITY OF lYNWOOD CITV ("'I rpl(~ nr=rtCE ..~ , , i , JIJN rJ 7 2007 AM PM 7,8,9110111,1211,2,3,41516 ~ ~, pI.~iI~"-U Itcf~ ( .t. Juan Enciso Commissioner Bill Younger Commissioner Grant Taylor, Director Development Services Kimberly Gonzalez, Administrative Analyst I Jonathan Colin, Dev. Services Manager Karen Figueredo, Planning Assistant H:\WORDFILE\PLM'NING\AGENDA\juneI2,2007.doc - 1 - OPENING CEREMONIES 1. Call meeting to order. 2. Flag Salute. 3. Roll call of Commissioners. 4. Certification of Agenda Posting. 5. Minutes of Planning Commission Meetings: February 13, 2007 May 8, 2007 SWEARING IN SPEAKERS 6. The Lynwood Planning Commission shall swear in all persons wishing to testify on any item listed on the Planning Commission Agenda. Residents shall swear to tell the truth, the whole truth and nothing but the truth. PUBLIC ORALS 7. At this time, any member of the public may comment on any issue within the jurisdiction of the Planning Commission that is not on the Agenda. Members of the public may also comment at this time on any Agenda Item that is not scheduled for a public hearing. To preserve continuity, the Planning Commission Chair may, at his/her discretion, request members of the public wishing to comment on Agenda Items for which public hearings are not scheduled to hold their comments until just prior to the Commission's discussion of the Agenda Item in question. CONTINUED PUBLIC HEARINGS 8. Conditional Use Permit No. 2007-05 & Variance No. 2007-03 APPLICANT: Mariscos EI Paisa, Inc. 10320 Long Beach Boulevard APN 6207-009-029, 030 & 036 H:\WORDFlLE\PLANNING\AGENDA~ul1e I ~,~007,doc -2- Prooosal Request for approval of an on-sale beer and wine license (Type 41) for the existing Mariscos EI Paisa Restaurant located at 10320 Long Beach Boulevard in the C-3 (Heavy Commercial) zone. In addition, reduce the distance to a residential zone from 100 feet to 80 feet. The restaurant totals 2,395 square feet with 1,300 square feet of seating and pick up area. Recommendation Staff recommends that the Planning Commission adopt Resolution 3169 denying Conditional Use Permit No. 2007-05. If the Planning Commission elects to support the application, attached is a Resolution 3169 approving Conditional Use Permit No. 2007-05 with conditions and a resolution 3170 approving Variance No. 2007-03. 9. Conditional Use Permit No. 2007-07 Zone Chanae No. 2007-01 Neaative Declaration/Initial Studv APPLICANT: Oakwood Plaza, LLC 3211 Oakwood Avenue & 3198 Los Flores Boulevard APN 6170-039-017, 034, 035 and 036 Prooosal Request to develop a mixed use commercial/residential project, four stories in height with 15,000 square feet of commercial on the first floor, 129 parking stalls on the first and second floors and nineteen condominiums on the third and fourth floors. The applicant proposes to change the zoning for two of the seven parcels from P-l (Parking) to C-3 (Heavy Commercial) and gain approval of the environmental review (Negative Declaration/Initial Study). The subject property totals 48,743 square feet in area and is located at 3211 Oakwood Avenue and 3198 Los Flores Boulevard. Recommendation Staff recommends that the Planning Commission approve the project subject to the following zoning entitlements: a) Adopt Resolution 3177 approving Conditional Use Permit No. 2007-07; and b) Adopt Resolution 3179 recommending that the City Council approve Zone Change No. 2007-01; and c) Certify the Negative Declaration/Initial Study. H:\WORDFILE\PLANNINGIAGE:\DA'june 12,2007 doc -3- 10. Conditional Use Permit No. 2007-08 APPLICANT: Maria Sandoval 12726 Waldorf Drive APN 6186-022-023 Proposal Request to construct two (2) detached residences, one-story in height, with three attached two-car garages on property located at 12627 Waldorf Drive in the R-3 (Multiple-Family Residential) zone. The existing residence at the front of the property would remain. Recommendation Staff recommends that the Planning Commission adopt Resolution 3180 approving Conditional Use Permit No. 2007-08. 11. Conditional Use Permit No. 2007-11 APPLICANT: Hugo Munoz 12219 Alpine Avenue APN 6168-019-014 Proposal Request to construct two attached residences (duplex), two-stories in height with two attached 2-car garages. The existing residence at the front of the lot would remain. The subject property is located at 12219 Alpine Avenue in the R-3 (Multiple-Family Residential) zone. Recommendation Staff recommends that the Planning Commission adopt Resolution 3183 approving Conditional Use Permit No. 2007-11. 12. Conditional Use Permit No. 2007-12 &. Variance 2007-04 APPLICANT: Jaime Gutierrez 11694 Atlantic APN 6189-001-900 Proposal Request to construct a one-story commercial building totaling 1,275 square feet in area with a 411 square foot mezzanine for storage. In addition, the applicant is requesting approval of a variance to reduce the required rear yard setback from three feet (3') to zero feet (0') on property located at 11694 Atlantic Avenue in the C-2 (Light Commercial) zone. H:\WORDFILE\PLAl"N1NG\AGEl\'DA\jllne I :U007doc - 4- Recommendation Staff recommends that the Planning Commission adopt Resolution 3184 approving Conditional Use Permit No. 2007-12 and adopt Resolution 3185 approving Variance No. 2007-04. 13. Conditional Use Permit No. 2007-13 & Tentative Tract MaD No. 2007-02 (69177) APPLICANT: Jaime Martinez 10987 Wright Road APN 6194-005-027 Proposal Request to construct twelve (12) detached residences, two-stories in height with attached two- car garages and subdivide the parcel for townhomes with a common drive and twelve (12) guest parking stalls. The existing five (5) residences would be demolished. Recommendation Staff recommends that the Planning Commission adopt Resolution 3187 approving Conditional Use Permit No. 2007-13 and adopt Resolution 3186 approving Tentative Tract Map No. 2007- 02 (69177) 14. General Plan Amendment No. 2007-01 - UDdate Housina Element APPLICANT: City of Lynwood Proposal For the Planning Commission, residents and general public to review and provide comments on the Draft Update to the Lynwood Housing Element. Recommendation Staff recommends that the Planning Commission review the Draft Housing Element Update, accept public oral and written testimony, provide comments and recommendations and continue the item to the next regular meeting on July 10, 2007. Staff is pursuing a workshop that may be held prior to the next regular meeting. CONTINUED REGULAR AGENDA NONE H:\WORDFlLE\PLANNING\AGENDA\julIe 12,2007.doc -5- NEW REGULAR AGENDA 15.. Reoort on Sale of Redevelooment Aaencv Prooertv APPLICANT: Lynwood Redevelopment Agency 4267 Fernwood Avenue APN Proposal Request for the Planning Commission to review the Lynwood Redevelopment Agency proposal to sell dispose of a 8,150 square foot parcel located at 4267 Fernwood Avenue in the R-3 (Multiple-Family Residential) zone to Habitat for Humanity (HFH) to construct three (3) residences. State Law (California Government Code Section 65402) requires that prior to sale or disposition of City property, the Planning Commission shall make findings of consistency and conformity with the Lynwood General Plan and Zoning Ordinance and make a report of its findings. Recommendation Staff recommends that the Planning Commission review the proposed sale and project, approve findings of consistency and conformity with the Lynwood General Plan and Zoning Ordinance, adopt Resolution 3191 making express findings of consistency and conformity and forward a report of such findings to the City of Lynwood and the Lynwood Redevelopment Agency. COMMISSION ORALS STAFF ORALS ADJOURNMENT Adjourn to the regular meeting of the Lynwood Planning Commission on July 10, 2007 at 6:30 p.m. in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California, 90262. H:\WORDfILE\PLANN[NG\AGE:\[)A~une I ~.2007doc - 6- AGENDA ITEM # 5 MINUTES: 2-13-07 LYNWOOD PLANNING COMMISSION MEETING. Februarv 13. 2007 The Lynwood Planning Commission met in regular session in Bateman Hall, Room # I. Chair Gomez called the meeting to order at 6:30 p.m. Commissioner West led the flag salute. Chair Gomez requested roll call. Development Services Manager Colin called roll. Chair Gomez presiding. Commissioner's Castro-Ramirez, Enciso, Manlapaz, Morton Patel and West answered the roll call. Also present were Deputy City Attorney Tara Taguchi, Development Services Manager Jonathan Colin and Planning Assistant Karen Figueredo. Chair Gomez asked staff if the agenda had been duly posted. Development Services Manager Colin stated the agenda had been duly posted III accordance with the Brown Act Item #5: MINUTES - Januarv 9. 2007 Chair Gomez announced agenda Item #5, Minutes of the January 9, 2007 Planning Commission meeting and asked if the Commission had any comments or revisions. Motion by Commissioner Manlapaz to approve the Planning Commission Minutes of January 9, 2007, 2nd by Commissioner Enciso. Chair Gomez requested roll call. Development Services Manager Colin called roll and the motion to approve passed 7-0. Item #6: Swearin!! in Speakers Chair Gomez requested that City Clerk Andrea Hooper swear in speakers in English and in Spanish. City Clerk Hooper duly swore in members of the public wishing to speak on any agenda item. CONTINUED PUBLIC HEARINGS Item #7: Conditional Use Permit No. 2006-17 APPLICANT: Alex Benavides / Wiseman Dawoody 10820 Atlantic A venue APN 6194-001-048 Chair Gomez announced continued public hearing agenda item #7 and requested the staff report. Development Services Manager Colin presented the staff report and stated the project has been continued several times due to fire department concerns and a revised rendering. The applicant proposes to construct a 6,065 square foot commercial building on property located at 10820 Atlantic Avenue in the C-3 (Heavy Commercial) zone on a property totaling 18,371 square feet in area. The applicant also requests approval of a variance to reduce the side and rear yards from five feet (5') to zero feet (0') and consolidate five (5) lots into one (I) parcel. The project will provide twenty-seven (27) parking stalls including one (I) loading stall and two (2) handicap stalls. Staff met with the developer at the Site Plan Review Committee to reiterate code requirements and conditions of approval. Chair Gomez opened the public hearing. Alex Benavides, 8054 Telegraph Road, Downey, CA spoke in favor of the project stating he has worked with staff to address all code requirements and concerns. Chair Gomez inquired about the parking, size of the building and any potential tenants. Wiseman Dawoody, inaudible address?, spoke in support of the project and stated they do not have any tenants at this time. Vice Chair Castro-Ramirez arrived at 6:37 p.m. Commissioner West inquired about the number of tenant spaces. Mr. Dawoody stated it would depend on how much building area each tenant would require for their business. Chair Gomez requested review of the rendering. Development Services Manager Colin referred to the rendering identifying colors, materials, architectural style and amenities. Commissioner West inquired about graffiti and the use of creeping fig VOles to discourage graffiti on bare walls. Vice Chair Castro-Ramirez referred to the site plan stating 9% of the lot area would be landscaping and inquired about the type of plant materials. Mr. Benavides stated the setback area would have sod, palm trees and shrubs. Development Services Manager Colin stated a detailed landscaping and irrigation plan is required. Chair Gomez inquired about the type of palm trees. Commissioner West stated the type of palm trees should not damage the sidewalk. Development Services Manager Colin stated the landscaping plan can be referred to Public Works for review and recommendations. Commissioner Enciso inquired about the construction schedule. Mr. Benavides stated they planned to move forward as quickly as possible with plan check, grading and construction. Chair Gomez inquired about a trash enclosure. Development Services Manager Colin identified the trash enclosure on the site plan. Commissioner Manlapaz inquired about the variance for the setbacks. Mr. Dawoody stated they have down sized the project several times for parking and to meet setback requirements would make the project financially infeasible. Chair Gomez closed the public hearing. Commissioner West stated he wanted to make sure the royal palms are compatible with the area. Chair Gomez asked if there is a motion. Motion by Commissioner Manlapaz to approve the project subject to the following entitlements: Adopt Resolution 3154 approving Variance No. 2006-02 Adopt Resolution 3155 approving Conditional Use Permit No. 2006-17; Adopt Resolution 3156 approving Tentative Parcel Map No. 2006-07 (64758). 2nd b C .. E' Y ommlSSlOner nCISO. Chair Gomez requested roll call. Development Services Manager Colin called roll and the motion to approve the three (3) zoning entitlements passed 7-0. A RESOLUTION ENTITLED: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING VARIANCE NO. 2006-02, REDUCING SIDE AND REAR SETBACKS FROM 5 FEET TO 0 FEET IN CONJUCTION WITH THE DEVELOPMENT OF A 6,065 SQUARE FOOT COMMERCIAL BUILDING ON PROPERTY LOCATED AT 10820 ATLANTIC AVENUE IN THE C-3 (HEAVY COMMERCIAL) ZONE, FUTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6194-001-048, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. ROLL CALL AYES: NOES: ABSENT: ABSTAIN: CASTRO-RAMIREZ, ENCISO, GOMEZ, MANLAPAZ, MORTON, PATEL & WEST NONE NONE NONE A RESOLUTION ENTITLED: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF L YNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2006-17 TO CONSTRUCT A COMMERCIAL BUILDING AT 10820 ATLANTIC AVENUE, IN THE C-3 (HEAVY COMMERCIAL) FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6194-001-048, CITY OF LYNWOOD, COUTNY OF LOS ANGELES, STATE OF CALIFORNIA. ROLL CALL AYES: NOES: ABSENT: ABSTAIN: CASTRO-RAMIREZ, ENCISO, GOMEZ, MANLAPAZ, MORTON, PATEL & WEST NONE NONE -NONE A RESOLUTION ENTITLED: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING TENTATIVE PARCEL MAP NO. 2006-07 (64758), CONSOLIDATING FIVE (5) PARCELS INTO ONE (1) LOT IN CONJUNCTION WITH THE DEVELOPMENT OF A 6,065 SQUARE FOOT COMMERCIAL BUILDING ON PROPERTY LOCATED AT 10820 ATLANTIC AVENUE, IN THE C-3 (HEAVY COMMERCIAL) ZONE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6194-001-048, CITY OF LYNWOOD, COUNTY Q}' LOS ANGELES, STATE OF CALIFORNIA. ROLL CALL AYES: CASTRO-RAMIREZ, ENCISO, GOMEZ, MANLAPAZ, MORTON, PATEL & WEST NONE NONE NONE NOES: ABSENT: ABSTAIN: NEW PUBLIC HEARINGS Item #8: Conditional Use Permit No. 2007-01 APPLICANT: Neil Smith and Cory Sims 3246 Euclid Avenue APN 6176-010-012 Chair Gomez announced new public hearing agenda item #8 and requested the staff report. Development Services Manager Colin stated staff is recommending continuance of the application before you due to fire department conditions. Planning Assistant Figueredo presented the staff report and stated the subject property totals 12,383 square feet in area and is located on the south side of Euclid Avenue between Alpine Avenue and Oak Avenue in the R-3 (Multiple-Family Residential) zone. The applicant is requesting approval to develop two attached residences, two-stories in height, with a new detached two-car garage on the rear of the property. The existing residence and four-car garage at the front of the property would remain. Each residence consists of three bedrooms, two and a half baths with a two-car garage. Landscaping exceeds the minimum 35%, the Lynwood Municipal Code allows one residence per 2,420 square feet of property and the lot is large enough to accommodate a maximum of five (5) residences. Chair Gomez asked if there are any questions or staff. Chair Gomez opened the public hearing. Deputy City Attorney Taguchi stated the applicant arrived after the swearing in and should be sworn in. Chair Gomez requested Commissioner Enciso to swear in the applicant. Commissioner Enciso swore in the applicant. Cory Sims, 3246 Euclid Avenue spoke in favor. Mr. Sims summarized the project and stated he is working with the fire department regarding the restricted access of 10 wide driveway. Mr. Sims proposes to install fire sprinklers in the duplex and garage instead of demolishing a portion of the existing residence and requested authorization to submit for plan check. Development Services Manager Colin stated no project can move forward without fire department stamped approval. Vice Chair Castro-Ramirez inquired about the fire department time frame. Development Services Manager Colin stated he hoped to have fire department approval for the next meeting on March 13,2007. Chair Gomez continued the item to the next meeting by general consensus. Item #9: Conditional Use Permit No. 2007-02 and Variance No. 2007-01 APPLICANT: Adolph Lopez I Parents Interested in Education (PIE) 3200 Mulford Avenue, Suite 202 Plaza Mexico Shopping Center Chair Gomez excused himself from this item due to a potential conflict of interest. Commissioner Enciso excused himself from this item due to a potential conflict of interest. Vice-Chair Castro Ramirez announced new public hearing agenda item #9 and requested the staff report. Development Services Manager Colin presented the staff report and stated the applicant is requesting approval to operate a private school to tutor citizens in obtaining the GED high school equivalency. The school would be located within a 1,600 square foot tenant space located at 3200 Mulford Avenue, Suite 202 within the Plaza Mexico Shopping Center in the CB-I (Controlled Business) zone. Floor plan identifies three conference rooms, restrooms and reception area. The variance is required for the parking deficiency in Plaza Mexico. Retail, commercial and service establishments require one stall per 250 square feet of building and schools require one stall per 100 square feet of building. Mr. Colin stated when Plaza Mexico was built the parking requirement was one stall per 400 square feet of building area. Whenever there is a change of use or increase in size, current parking requirements shall be met, therefore, Plaza Mexico requires 1,951 parking stalls but only provides 1,704. The school requires 15 parking stalls with a maximum occupancy of 38 persons. Commissioner Manlapaz inquired if the school required licensing and if the tutors had to be certified by the State. Mr. Colin commented that a State license is not required and State certification or a degree is not required for tutoring services. Vice Chair Castro-Ramirez suggested the applicant should address the issue of State licensing and certification and asked if there were any other questions of staff. Vice Chair Castro-Ramirez opened the public hearing and requested that the applicant testify. Walter Lopez, 11209 Birch Street, Lynwood spoke in support. Mr. Lopez stated PIE is a non-profit organization operating since 1983 at Compton College. Because of the situation with Compton College the PIE program was ousted and in need of a new location. Mr. Lopez stated Plaza Mexico offers a location, that PIE is not teachers but tutors who prepare residents for the GED test to obtain their high school diploma. PIE employees do not work for any School District but are a private non-profit organization. Commissioner Manlapaz inquired about compensation to the tutors and how they pay their rent. Mr. Lopez stated the tutors are volunteers and funding comes from grants and donations. Commissioner West inquired about hours of operation. Mr. Lopez stated Monday through Friday 9am to 6pm and Saturday 9am to Ipm. Vice Chair Castro-Ramirez commented on the parking variance reducing parking from 15 to 8 stalls and inquired if PIE encouraged public transportation and how they would manage the parking. Mr. Lopez stated they direct students to proper parking areas and do encourage using public transportation if possible. Commissioner West inquired about course time frame. Mr. Lopez stated the tutoring is for three month periods and there is limited class space. Vice Chair Castro Ramirez inquired about future locations. Commissioner West inquired about other possible locations. Mr. Lopez stated they would like to expand if successful and only Plaza Mexico asked them to move their location to their property. Commissioner Morton inquired about the need for tutoring that the Lynwood Adult School provides and the cost. Mr. Morton inquired about who provides the diploma and qualification requirements of the tutors. Mr. Lopez stated they are not trying to take away from the adult school but want to assist citizens to get their degree as many jobs require a degree. The State of California provides the diploma, the tutors are not required to be certified and PIE prepares citizens for the test. Commissioner West inquired about the difference between a high school diploma and a GED certificate. Vice Chair Castro-Ramirez requested that the Planning Commission focus on the Conditional Use Permit and Variance applications. Commissioner West expressed concern about the parking variance and the PIE parking interfering with Plaza Mexico parking as the school operates at the same time as most businesses. Mr. Lopez stated the diploma and GED certificate carry the same weight and PIE directs students to parking areas next to the school. Vice Chair Castro-Ramirez asked the applicant if he had read, understood and would comply with the conditions of approval in the resolution. Ms. Castro-Ramirez stated the resolution title should be changed from private school to learning facility. Aide Castro, 4357 Fernwood A venue, Lynwood spoke in favor of the proposal. PIE is a learning center and not an adult school. It's a personal choice and citizens can feel more comfortable at PIE where the adult school may be intimidating. Should not designate parking spaces as malls do not require designated parking stalls. PIE is a non-profit organization that seeks grants and donations. Ms. Castro questioned the Planning Commission inquiries about PIE operating procedures. Vice Chair Castro-Ramirez stated it is the Planning Commissions responsibility to analyze land use applications to ensure compliance with code requirements and install conditions that protect properties in the area. Commissioner Manlapaz stated the Commission inquires about pertinent operating procedures. Commissioner Morton stated the Commission is charged with making sure applications comply with code requirements. Ms. Castro stated she is passionate about PIE as it provides a valuable community service. Stated the Planning Commission should review the conditional use permit and variance applications but questions the need to inquire about employees, certifications and operating procedures. Irene Garcia, 2737 III th Sireet, Lynwood, spoke in opposition stating Plaza Mexico has a parking deficiency and citizens should go to an adult school. Vice Chair Castro-Ramirez closed the public hearing. Director of Development Services Taylor arrived. Commissioner Morton inquired about the parking. Director of Development Services Taylor stated Plaza Mexico has 1,704 stalls and is required to provide 1,951 stalls. A change of use from retail to a more intensive use requires either more parking or a variance. Mr. Taylor stated the code does not address preferred or assigned parking. Valet parking is available but limited. Commissioner West inquired about employee parking. Director of Development Services Taylor stated a previous conditional use permit requires Plaza Mexico employees to park in the rear of the shopping center and referred to the site plan. Vice Chair Castro-Ramirez inquired about the title being a school verses a learning center. Director of Development Services Taylor stated a learning center is a better definition however the zoning code only identifies public and private education facilities that require a conditional use permit. Commissioner Patel made a motion to adopt Resolution 3165 approving Conditional Use Permit No. 2007-02 and adopt Resolution 3166 approving Variance No. 2007-01. Commissioner West inquired about changing the Resolution form private school to learning center. Director of Development Services Taylor stated a learning center is acceptable if the Planning Commission concurs. Commissioner Morton inquired about continuing the item. Director of Development Services Taylor recommended approval and no continuance. Commissioner West suggested a condition that states the approval is only for a learning center and not other services. Director of Development Services Taylor concurred and stated a condition would be added and the language approved by the City Attorney. Vice Chair Castro-Ramirez requested roll call. Director of Development Services Taylor called roll and the motion to approve on both entitlements passed 4-0-3 on the following vote: Castro Ramirez - Approve Enciso - Abstain Gomez - Abstain Manlapaz - Approve Morton - Abstain Patel- Approve West - Approve A RESOLUTION ENTITLED: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF L YNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2007-02, TO OPERATE A PRIVATE LEARNING CENTER OFFERING TUTORING SERVICES FOR ADULTS TO OBTAIN THEIR HIGH SCHOOL DIPLOMA EQUIVALENT ON PROPERTY LOCATED AT 3200 MULFORD A VENUE (PLAZA MEXICO), ASSESSOR PARCEL NUMBER 6171- 001 TO 007, IN THE CB-l (CONTROLLED BUSINESS) ZONE, CITY OF L YNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. ROLL CALL AYES: NOES: ABSENT: ABSTAIN: CASTRO-RAMIREZ, MANLAPAZ, PATEL & WEST NONE NONE ENCISO, GOMEZ & MORTON A RESOLUTION ENTITLED: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF L YNWOOD APPROVING VARIANCE NO. 2007-0], A REQUEST TO REDUCE REQUIRED PARKING TO LESS THAN ONE STALL PER 200 SQUARE FEET OF BUILDING AREA (I.E. EIGHT (8) SPACES TO OPERATE A PRIVATE LEARNING CENTER LOCATED AT 3200 MULFORD AVENUE IN THE CB-] (CONTROLLED BUSINESS) ZONE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6]7]-00] THROUGH 007, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. ROLL CALL AYES: NOES: ABSENT: ABSTAIN: CASTRO-RAMIREZ, MANLAPAZ, PATEL & WEST NONE NONE ENCISO, GOMEZ & MORTON CONTINUED REGULAR AGENDA Item #]0: Status of Pacer Distribution Services- 2700 Imperial Hil!.hwav Vice Chair Castro-Ramirez requested that staff notify Chair Gomez and Commissioner Enciso to return. Director of Development Services Taylor apologized for being late due to a Special City Council Meeting budget workshop. Chair Gomez and Commissioner Enciso returned to the dais. Chair Gomez announced continued regular agenda item #10 and requested the staff report. Director of Development Services Taylor stated the item had been continued and Planning Commission direction to staff was to address mitigation measures to reduce impacts on adjacent residential properties, bring back a status report in 30 days and bring back a final report with recommendations in 60 days. In addition, to have staff notify the residents of the hearing in 60 days, monitor the property and work with Pacer personnel. Mr. Taylor stated that staff has taken noise readings on a regular basis and sometimes the readings are within accepted ranges and sometimes not as it depends on the type and time of activity. Mr. Taylor stated the last meeting with Pacer personnel included: Install an 8' block wall on residential property lines; Creeping fig vines installed on the block wall; No parking trucks adjacent to wall; Install no parking signs on wall; Delineate no parking on asphalt; Implement and maintain mitigation plan. Mr. Taylor stated for the most part Pacer has been compliant but there have been a couple times they parked adjacent to the residences. A summary of the Pacer mitigation plan was summarized. Mr. Taylor stated a final report would be brought back at the next meeting. Chair Gomez inquired about the effectiveness of a sound wall and what should be the height and landscape screening. Mr. Taylor stated a solid wall can go as high as eight feet and the wall deflects the noise up and over so the noise will improve but not go away. Mr. Taylor stated when the property was developed in 1998 staff should have required a block wall. Mr. Taylor recommends creeping fig vines. Ms. Aguirre interrupted Planning Commission deliberations. Chair Gomez directed Ms. Aguirre to wait for public orals. Chair Gomez continued the item by general consensus. NEW REGULAR AGENDA NONE PUBLIC ORALS Mrs. Aguirre, 11441 Plum Street submitted pictures to the Planning Commission. She stated the staff report was correct except that Pacer is still parking trucks on the residential property lines. Ms. Aguirre requested that Pacer not be allowed to park anywhere between the building and residential property lines. Commissioner Enciso inquired about evening inspections. Director of Development Services Taylor not to this point but would do a few after hours inspections based on budget availability. COMMISSION ORALS Commissioner West inquired about the APA conference. Director of Development Services Taylor stated he had not received a flyer but would inquire and report back. Commissioner inquired about lot size for a new house. Director of Development Services Taylor stated in the R-I you need 6,220 square feet, in the R-2 3,112 square feet, in the R-3 2,420 square feet. Commissioner Enciso requested reducing density and requiring more lot area. Director of Development Services Taylor stated reducing residential density would require a general plan amendment and zoning ordinance amendment. If the Planning Commission concurs, staff can forward a request to the City Council. Vice Chair Castro-Ramirez suggested a survey of other cities regarding density and development standards. Director of Development Services Taylor suggested a survey and have staff prepare a matrix as compared to other cities. Mr. Taylor also stated Lynwood has lower residential densities than the majority of the surrounding cities. Commissioner Patel thanked her colleagues and staff. Commissioner Morton expressed concern about the PIE item. Commissioner Enciso hoped all his colleagues would continue on the Commission and he thanked his colleagues. Commissioner Manlapaz complimented Chair Gomez, Vice Chair Castro-Ramirez and Mr. Colin on a good job conducting the meeting. Deputy City Attorney Taguchi suggested now is a good time for the Commissioner's to report on the seminar in Los Angeles; Chair Gomez requested a report. Planning Assistant Figueredo summarized the seminar that she and Commissioners Manlapaz and Morton attended at the Caltrans building in Los Angeles including the General Plan, livable communities and transit oriented development. Commissioner Manlapaz said he enjoyed the seminar as it was very informational. Commissioner Morton commented the seminar had good speakers and it was educational. Vice Chair Castro-Ramirez suggested a public oral comment time limit of maybe three minutes. Remind audience that the Commission supports projects and development but must assure quality development and code compliance. Chair Gomez commended Mr. Colin and thanked his colleagues for their support. STAFF ORALS Director of Development Taylor commended the Planning Commission for their efforts, thanked his staff and reminded the Planning Commission it is time to reorganize next month. Mr. Taylor stated he would bring the Draft Housing Element next month for review but it would take a number of meetings to adopt. Mr. Taylor stated the revised trailer park project at 4309 Carlin Avenue would be back next year. Mr. Taylor stated the budget workshop was grim and Lynwood may be looking to make funding and staff cuts. Jonathan Colin passed out an information form asking the Planning Commission to fill it out so staff could make an updated list. ADJOURNMENT Motion by Commissioner West to adjourn, 2nd by Chair Gomez. Chair Gomez adjourned the meeting at 8:35 p.m. AGENDA ITEM # 5 MINUTES: 5-8-07 LYNWOOD PLANNING COMMISSION MEETING. Mav 8. 2007 The Lynwood Planning Commission met in regular session in the City Hall Council Chambers. Chair Castro-Ramirez called the meeting to order at 6:37 p.m. Commissioner Araujo led the flag salute. Chair Castro-Ramirez requested the roll call. Director of Development Services Taylor called roll. Chair Castro-Ramirez presiding. Commissioner's Araujo, Patel, Manlapaz, and Enciso answered the roll call. Mr. Taylor announced that Commissioner Younger had notified him that he would be out of town. Also present were City Attorney Arnoldo Beltran, Director of Development Services Grant Taylor, Development Services Manager Jonathan Colin, Planning Assistant Karen Figueredo and Redevelopment Project Manager Bruno Naulls. Chair Castro-Ramirez inquired if the agenda had been duly posted. Director of Development Services Taylor stated the agenda had been duly posted in accordance with the Brown Act a minimum of seventy-two (72) hours prior to the meeting. Item #5: MINUTES - April 10. 2007 Vice Chair Castro-Ramirez announced agenda Item #5, Minutes of the April 10, 2007 Planning Commission meeting and asked if there were any questions or corrections. Motion by Commissioner Manlapaz to approve the April 10, 2007 Minutes, seconded by Commissioner Patel. Chair Castro Ramirez requested roll call. Director of Development Services Taylor called roll and the motion to approve passed 5- O. Item #6: Swearinl! In Speakers Chair Castro-Ramirez requested Commissioner Enciso to swear in citizens wishing to speak on any agenda item. Commissioner Enciso duly swore in all speakers. Development Services Manager translated swearing in to Spanish. Director of Development Services Taylor identified handouts for the Planning Commission. Item #7: Public Orals Chair Castro-Ramirez announced the item and stated any citizen wishing to testify on any issue under the jurisdiction of the Planning Commission may speak now. Nobody spoke during public orals. NEW PUBLIC HEARINGS Chair Castro-Ramirez reorganized the agenda to hear new public hearing agenda item #11. Item #11: Conditional Use Permit No. 2007-09 APPLICANT: Phoenix House & C-Conrad Group 11300 Atlantic Avenue APN 6194-020-901 Chair Castro-Ramirez announced new public hearing agenda Item #11 and requested a staff report. Director of Development Services Taylor presented the staff report and stated the applicants are requesting approval to operate a transitional housing facility for residential substance abuse treatment to include drug rehabilitation, mental health screening, referral services, family planning, vocations assessments and training and job placement on property owned by the Lynwood Redevelopment Agency (LRA) at 11300 Atlantic Avenue in the C-3 (Heavy Commercial) zone. The facility would house 40 to 60 previously incarcerated women. Redevelopment Project Manager Naulls stated the LRA had purchased the property with Housing 20% Set Aside Funds to develop a senior housing project. The developers, SELAC eventually defaulted on loans and the property has remained vacant. Mr. Naulls stated the 20% set aside funding is mandated for low or moderate income housing and a transitional housing facility qualifies. Chair Castro-Ramirez inquired about sale and rent restrictions. Commissioner Enciso inquired if the applicant would buy or lease the property. Commissioner Manlapaz inquired about low and moderate income. Redevelopment Project Manager Nanlls stated the properly would have restricted deeds or leases that would run with the land for 55 years, Phoenix House is requesting a three year lease and low/moderate income requirements are set forth by HUD. Chair Castro-Ramirez opened the public hearing. Winnie Weschler, 11600 Eldridge Avenue, Lake View Terrace, 91342 is the Phoenix House director and spoke in support. Ms. Weschler summarized the program, identified other facilities, distributed photographs, and commented on the staff and Planning Commission tour at the Monrovia facility. Suzanne Osterman, 343 W. Foothill Boulevard, Monrovia, 91016 is the Monrovia facility Director of Operations who spoke in support. Ms. Osterman described the programs and asked her staff and clients in the audience to stand. Dr. Bill Marshall, (address inaudible), President of C-Conrad Group spoke in support and summarized their partnership with Phoenix House and introduced his staff including Cynthia Marshall and Mary Ornellas. Commissioner Manlapaz commented he had toured the Monrovia facility, thought it was a good program, commented on the methadone clinic across the street, residences near the facility and who is eligible for the program. Commissioner Patel inquired about quality control for the program. Commissioner Enciso inquired about restrictions on clients. Chair Castro-Ramirez inquired about the programs, success rate and performance measures. Winnie We schIer stated there are many women who need a chance to recover, their facilities to not impact properties and they have not received complaints, women on payroll are referred from the State Department of Corrections, the women live there full- time and participate in structures programs, there is staff present 24 hours a day and strict curfews. Phoenix House has a contract with the State Department of Rehabilitation, a budget is submitted to the State, there are twelve facilities with 450 staff. Suzanne Osterman stated funding is provided from the State Department of corrections, women volunteer for the program and are referred from the State, children are reintroduced to their parents with supervised visits and she referred to the brochures. Chair Castro-Ramirez invited the public to testify and requested that testimony be limited to two (2) minutes each. Shashi Hanuman, Public Counsel Law Center, P.O. Box 76900, Los Angeles, CA 90007 spoke in support as the facility provides affordable housing. Alex Landeros, 11537 Louise, Lynwood, CA spoke in opposition stating the property was supposed to be senior housing, is in litigation and felons will be at the facility. Aide Castro, 4357 Fernwood, Lynwood, CA spoke in opposition stating the applicants have good intentions but the facility is for senior housing, the property is in litigation, there is a methadone clinic across the street and on-site parking is insufficient and she opposes a zone change. Sal Alatorre, 3185 Oakwood, Lynwood, CA spoke in opposition and forwarded a letter from the Lynwood Unified School District in opposition. Ramon Rodriguez, 11244 Atlantic Avenue, Lynwood, CA spoke in OppositIon identifying the methadone clinic and drug addicts steal from businesses in the area. Margaret Araujo, 3621 Cedar Avenue, Lynwood, CA spoke in opposition supporting senior housing. Rod White, 4608 Carlin Avenue, Lynwood, CA spoke in opposition stating Lynwood does not need any more rehabilitation facilities and supports senior housing. Faisal Haroon, 11330 Atlantic Avenue, Lynwood, CA is the property owner next door speaking in opposition state he sees the activities of the methadone clinic and Phoenix House will affect property values. Lorene Reed, 11805 Harris Avenue, Lynwood, CA spoke in opposition supporting senior housing. Jeanette Gutierrez, 10949 Pope Avenue, Lynwood, CA spoke in opposition supporting senior housing. Ruby Charles, (address inaudible), of the Lynwood Adult School spoke in opposition stating the facility would impact schools and children. Hilario Rodriguez, (address inaudible), spoke in opposition too close to schools. Olga Real, ?? Pope Avenue, Lynwood, CA spoke in opposition Commissioner West arrived at 7:57 p.m. Carmen Sanchez 11066 Pope Avenue, Lynwood, CA spoke in opposition. Marco Barrios, 11301 Atlantic Avenue, Lynwood, CA owns business across street spoke in opposition stating Phoenix House will scare clients away. Martina Rodriguez, 5146 Martin Luther King Jr. Boulevard, Lynwood, CA spoke in opposition stating wrong location for Phoenix House and the methadone clinic impacts the area. Gloria ?, 5227 Cortland Avenue, Lynwood, CA spoke in opposition stating facility would impact children. Rachel Manso, 3130 Flower Street, Lynwood, CA spoke in opposition. Emelda Luna, 11256 Virginia Avenue spoke in opposition stating impact on children and drug addicts in the area. Rebecca Wells, 11672 Lugo Park Avenue, Lynwood, CA spoke in opposition citing problems with the methadone clinic. Joaquin Macinas, 3107 Euclid Avenue, Lynwood, CA spoke in opposition. Jim Morton, 10112 Long Beach Boulevard, Lynwood, CA submitted a letter of opposition and stated facility would impact schools and the methadone clinic is a problem. Chair Castro-Ramirez invited a rebuttal. Winnie Weschler stated she understands the stereotypes of Phoenix House, invited residents to tour their facilities and conduct a meeting. Dr. Marshall stated he was on the Los Angeles Narcotics Commission and has seen good and bad facilities and Phoenix House is well run. Chair Castro-Ramirez closed the public hearing. Director of Development Services Taylor stated there is no zone change, the facility in Monrovia is very similar to the Lynwood location, the tour of the Monrovia facility demonstrated a quality facility, the methadone clinic is completely different and the senior housing developer defaulted. Chair Castro-Ramirez inquired who owns the property. LRA Attorney Ron Wilson commented the LRA owns the property, the developer defaulted, the City is paying $6,000 to $7,000 per month for a vacant property, there is ongoing litigation and Phoenix House would provide a beneficial land use and revenue. Commissioner Manlapaz inquired about the litigation. Commissioner West inquired about the next court date. LRA Attorney Wilson stated hopefully the litigation could be completed this year and he anticipates a June trial date. Commissioner Araujo suggested waiting for litigation outcome. Commissioner Patel encouraged her colleagues to tour the Phoenix House as she had in Monrovia. Commissioner Manlapaz encouraged his clients to tour the Phoenix House as he had in Monrovia. Chair Castro-Ramirez stated she understands the communities concerns, she has three children, women need help and opportunities, commended the three Commissioners who visited the facility and encouraged other Commissioners to attend, requested Phoenix House to conduct a workshop to address residents and school district and requested continuing the item for 30 days. Commissioner West concurred with a community meeting. Director of Development Services Taylor stated he would work with LRA staff and Phoenix House to arrange tours and community meetings. Motion by Commissioner West to continue for 30 days, seconded by Commissioner Manlapaz. Chair Castro-Ramirez continued the item by general consensus. CONTINUED PUBLIC HEARINGS Item #8: Conditional Use Permit No. 2007-05 & Variance No. 2007-03 APPLICANT: Mariscos El Paisa, Inc. 10320 Long Beach Boulevard APN 6207-009-029 Chair Castro Ramirez announced continued public hearing agenda item #8 and requested the staff report. Director of Development Services Taylor presented the staff report stating the applicant is requesting approval of an on-sale beer and wine license (Type 41) for the existing Mariscos El Paisa Restaurant located at 10320 Long Beach Boulevard in the C-3 (Heavy Commercial) zone. In addition, reduce the distance from an alcohol establishment to residential zone from 100 feet to 80 feet. The restaurant totals 2,395 square feet with 1,300 square feet of covered seating and pick up area. Mr. Taylor distributed a letter from the applicant, Manuel Simental, requesting certain conditions be deleted or modified and he has three months to comply. Commissioner West requested summary of the conditions. Director of Development Services Taylor stated: Condition #7: Delete requirement to install six foot wrought iron fence around the perimeter of the parking lot area. Condition #8: Defer use of a security guard to a later datc. Condition #9: Defer Los Angeles County Sheriff review of security plan. Condition #10: Delete submittal of a security plan. Condition #21: Delete repair of damaged sidewalk. Condition #22: Delete installation of two street light poles. Chair Castro-Ramirez commented that there are 23 conditions in Resolution 3169 and the applicant is requesting waivers or deferring of a number of conditions. Chair Castro-Ramirez opened the public hearing. Manuel Simental, 10320 Long Beach Boulevard, Lynwood CA the property and business owner spoke in support. Development Services Manager Colin translated English to Spanish for Mr. Simental. Mr. Simental apologized for missing meetings with staff, the fence condition would isolate customers, has told patrons not to drink on-site, the light poles would cost $20,000 the sidewalk is too expensive, and cruising activities do not occur until 2:00 a.m.. Commissioner Araujo commented that cruising begins much earlier than 2:00 a.m., usually about 8:00 p.m. Jesus Simental, ?? Long Beach Boulevard, runs fish store across the street spoke in support stating the fence would be an eyesore, people drink in the area no matter what they do and opposed security guards. Sal Alatorre, 3185 Oakwood Avenue, Lynwood, CA spoke III support stating the applicant runs a good business and the cruising is not his fault. Ramon Rodriguez, 11244 Atlantic Avenue, Lynwood, CA spoke in support stating most mariscos restaurants serve alcohol and the owner should not be penalized for cruising activities. Arturo Reyes, 11048 Carson Avenue, Lynwood, CA spoke in support stating his business is across the street at 10229 Long Beach Boulevard stating Mr. Simental runs a good business and cruising does not occur until after the restaurant is closed. Alex Landeros, 11537 Louise, Lynwood, CA spoke in support stating the applicant runs a good business and cruising is not his fault. Margaret Araujo, 3621 Cedar Avenue, Lynwood, CA spoke in support stating the issues at Mariscos El Paisa have been addressed and State ABC issues alcohol licenses not the City. Chair Castro-Ramirez closed the public hearing. ~-- Director of Development Services Taylor commented that State ABC requires City approval prior to issuing a license, State ABC has issued a violation notice to Mariscos El Paisa for unauthorized drinking on-site, patrons go across the street to a liquor store and bring alcohol back to consume, the conditions are to mitigate impacts on properties in the area, and staff supports the resolution as is and recommends the Planning Commission not waive or defer any conditions or deny the application. Commissioner Enciso commented on the community support, stated the applicant IS willing to work with staff and encouraged staff to work with the applicant. Commissioner West stated they need to be specific on the conditions and requested the Sheriff attend. Commissioner Araujo commented the applicant should share the cost of off-site improvements. Chair Castro-Ramirez commented the conditions are to protect the community and should be maintained. Director of Development Services Taylor suggested the Commission either deny the application or continue for 30 days to allow the applicant to submit a security plan for sheriff review. Mr. Taylor commented staff will work with the applicant but the applicant must be responsible and attend meetings. Motion by Commissioner Manlapaz to concur with staff on all conditions and continue the item for 30 days, seconded by Commissioner Enciso. Chair Castro-Ramirez continued the item by general consensus. NEW PUBLIC HEARINGS Item #9: Conditional Use Permit No. 2007-07, Zone Chanl!e No. 2007-01 and Nel!ative DecIarationJInitial Study APPLICANT: Oakwood Plaza, LLC 3211 Oakwood Avenue & 3198 Los Flores Boulevard APN 6170-039-017, 034, 035 and 036 Chair Castro-Ramirez announced new public hearing agenda item #9 and requested the staff report. Development Services Manager Colin presented the staff report and stated the applicant is requesting approval to develop a mixed use commercial/residential project, four stories in height with 15,000 square feet of commercial on the first floor, 129 parking stalls on the first and second floors and nineteen condominiums on the third and fourth floors. The project includes changing the zoning for two of the seven parcels from P-I (Parking) to C-3 (Heavy Commercial) and gain approval of the environmental review. The subject property totals 48,743 square feet in area and is located on the west side of Long Beach Boulevard between Oakwood Avenue and Los Flores Boulevard. Mr. Taylor requested a continuance as the applicant had concerns on some of the conditions in Resolution 3177. Chair Castro-Ramirez opened the public hearing. Sal Alatorre, 3185 Oakwood Avenue, Lynwood, CA supports the project but recommends that Oakwood Avenue be widened, encouraged superior architectural design and commented on City of South Gate mixed use. Motion by Commissioner Patel to continue for 30 days, seconded by Chair Castro- Ramirez. Chair Castro-Ramirez continued the item by general consensus. Item #10: Conditional Use Permit No. 2007-08 APPLICANT: Maria Sandoval 12726 Waldorf Drive APN 6186-022-023 Chair Castro-Ramirez announced new public hearing agenda item #10 and requested the staff report. Planning Assistant Figueredo presented the staff report and stated the applicant is requesting approval to construct two detached residences, one-story in height, with three attached two-car garages. The existing residence at the front of the property would remam. Chair Castro-Ramirez opened the public hearing. Ricardo Flores, 8726 Cherokee Avenue, Downey, CA spoke in support stating the new houses would match the existing houses and the roofs would all be composition asphalt. Commissioner Enciso stated the rendering was very poor and requested a better rendering. Chair Castro-Ramirez requested the architect to explain the rendering. Mr. Flores stated the project would include vinyl window trim, vinyl garage doors and identified the colors. Commissioner West commented the rendering was poor and suggested rock veneer on the building facades, exterior lighting and accented doors and windows and recommended a continuance. Chair Castro-Ramirez suggested more detail on the rendering. Motion by Commissioner West for an improved rendering and continue for 30 days, seconded by Chair Castro-Ramirez. Chair Castro-Ramirez continued the item by general consensus. Item #12: Conditional Use Permit No. 2007-10 APPLICANT: Red's Pro-Series Hydraulics 3030 Martin Luther King Jf. Boulevard APN 6170-025-003 Chair Castro-Ramirez announced new public hearing agenda item #12 and requested the staff report. Development Services Manager Colin presented the staff report and stated the applicant is requesting approval to operate an auto parts installation and sales facility within an existing 5,400 square foot building located at 3030 Martin Luther King Jf. Boulevard in the C-3 (Heavy Commercial) zone. Chair Castro-Ramirez opened the public hearing. Spase Matosky, 2816 Rubidoux, Riverside, CA spoke in support stating he has owned the business for five years relocating from Paramount. Requested the conditions to reconstruct sidewalk and install a wheelchair ramp be deleted, the City provide trash cans and they planted palms in the parkway that they would like to remain. Commissioner West commented on the chain link fence on the side street, suggested creeping fig vines on the front of the building and inquired about the Public Works conditions. Director of Development Services Taylor stated the applicant received a business license for auto parts sales only and the zoning code requires a conditional use permit for auto parts installation. Mr. Taylor stated off-site improvements are usually only required for new buildings or additions and the business is within an existing building, suggested deleting. Persons must obtain a permit to plant or alter the parkway and staff can check with Public Works about keeping the palm trees. Margaret Araujo, 3621 Cedar Avenue, Lynwood, CA spoke in support and requested the palm trees remain. Chair Castro-Ramirez closed the public hearing. Motion by Commissioner Araujo to adopt Resolution 3182 as amended by deleting conditions 19 and 20 and modifying condition 21, seconded by Commissioner Patel. Chair Castro-Ramirez requested roll call. Director of Development Services Taylor called roll and the motion to approve passed 6- O. Mr. Taylor confirmed the following amendments: Delete Condition #19 requiring sidewalk replacement. Delete Condition #20 requiring installation of a wheelchair ramp. Modify Condition #21 to read "Subject to Public Works review and recommendation, remove exiting palm trees along Martin Luther King Jr. Boulevard and Capistrano Avenue. A RESOLUTION ENTITLED: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF L YNWOOD ADOPTING CERTAIN FINDINGS RELATED TO, AND APPROVING CONDITIONAL USE PERMIT NO. 2007-10, TO OPERATE A RETAIL BUSINESS SELLING AUTO PARTS AND INSTALLING SUCH AUTO PARTS ON PROPERTY LOCATED AT 3030 MARTIN LUTHER KING JR. BOULEVARD IN THE C-3 (HEAVY COMMERCIAL) ZONE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6170-025-003, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA (AMENDED BY PLANNING COMMISSION MAY 8, 2007) ROLL CALL AYES: ARAUJO, CASTRO-RAMIREZ, ENCISO, MANLAPAZ, PATEL & WEST NONE YOUNGER NONE NOES: ABSENT: ABSTAIN: CONTINUED REGULAR AGENDA Item #13: General Plan Amendment 2007-01-Update Housinl! Element APPLICANT: City of Lynwood Chair Castro-Ramirez announced continued regular agenda item # 13 and requested a staff report. Director of Development Services Taylor stated the item is again on the agenda to provide the Planning Commission and the public an opportunity to review and comment on the draft update to the Lynwood Housing Element. Mr. Taylor stated pursuant to Planning Commission direction, staff forwarded their request to the City Council to conduct a Special Planning Commission meeting. The City Council directed staff to conduct the meeting on Saturday, June 2, 2007. Chair Castro-Ramirez supported the June 2, 2007 Special Meeting and requested staff to provide more detail on low and moderate income housing and identify State Department of Finance statistics. Chair Castro-Ramirez invited public comment. Shashi Hanuman, Public Counsel Law Offices, P.O. Box 76900, Los Angeles, CA 90007 commented on the Housing Element providing suggestions on public workshop format and content, identified Draft Housing Element inaccuracies in Appendix B regarding units built and vacant parcels and supported the special meeting. Rebecca Thornton, Law Offices of Rebecca Thornton, 429 Santa Monica Boulevard, #550, Santa Monica, CA encouraged public participation, supported the special meeting, recommended public surveys, advisory committees and affordable housing. Chair Castro-Ramirez requested staff to review the comments. Commissioner Araujo inquired to Ms. Hanuman and Ms. Thornton their motives regarding the Housing Element Update. City Attorney Beltran commented that the Planning Commission must comply with State Law, what motivates the public to participate is irrelevant and the handout should be part of the Planning Commission minutes. Chair Castro-Ramirez encouraged staff to inquire what other cities have done, involve students, review the Housing Element annually and document public participation. Motion by Commissioner Manlapaz to continue the item, seconded by Commissioner West. Chair Castro-Ramirez continued the item by general consensus. NEW REGULAR AGENDA Item #14: Extension of Tentative Parcel Map No. 2004.03 (26626) APPLICANT: Plaza Mexico 3100 Imperial Highway Chair Castro-Ramirez announced new regular agenda item #14 and requested the staff report. Commissioner Enciso excused himself for a potential conflict of interest. Director of Development Services Taylor presented the staff report and stated the parcel map approved for Plaza Mexico May 11,2004 consolidates multiple lots into six parcels and will expire May 11, 2007 pursuant to the State Subdivision Map Act. Staff is requesting a continuance for six months to file the Final Map. Motion by Commissioner Araujo to grant a six (6) month extension, seconded by Commissioner Manlapaz. Chair Castro-Ramirez requested roll call. Director of Development Services Taylor called roll and the motion to approve passed 5- 0-I with Commissioner Enciso abstaining. COMMISSION ORALS Commissioner Enciso inquired about the housing element attorneys accusing the City of not complying with State Law. City Attorney Beltran commented the City is complying. Chair Castro- Ramirez thanked her colleagues and staff. STAFF ORALS NONE ADJOURNMENT Motion by Commissioner West to adjourn, seconded by Commissioner Patel. Chair Castro Ramirez adjourned the meeting at II :53 pm. LYNWOOD UNIFIED SCHOOL DISTRICT 11321 Bullis Road. Lynwood, California 90262 . (310) 886-1600 * * ~"~ P/<t"''','v. . (If) ....""'I''O,''6--\. ?/f/~7 May 5, 2007 GrantTaylor, Director Developmental Services City of Lynwood 11330 Bullis Road Lynwood, CA 90262 Reference: Lynwood Planning Commission Meeting May 8, 2007 Conditional Use Permit No. 2007-09 Phoenix House & C.Conrad Group Ltd. Dear, Mr. Taylor, The Board of Education has become aware of the above-referenced New Public Hearing item. Previously, our Board of Education President publicly spoke against approval of a Transitional Housing Facility at 11300 Atlantic Avenue. Formal opposition was raised with the Lynwood City Council. Reasons for opposition included the proximity to Lynwood Community Adult School, located at 11277 Atlantic Avenue, and Will Rogers Elementary School, located at 11220 Duncan Avenue. The presence of a drug rehabilitation/mental health screening facility to these schools warrants that the District again voice formal opposition. The health and safety of school age children is of utmost concern to the District's governing board. Adults attending the Adult School also need safe passage and an environment free from risk. The District respectfully requests that the Commission be made aware. of our opposition to this project, and votes to deny the presence of such a disruptive activity in the City of Lynwood. -~- ai, Superintendent of Schools cc: .Board of Education Lourdes Castro-Ramirez. Chair of Planning Commission BOARD OF EDUCATION Mr. Jose Luis Solache Mrs. Guadalupe A. Rodriguez Mr. Alfonso Morales Mrs. Rachel Chavez President Vice President Clerk Member Mrs. Marla G. Lopez Member Dr. Ohyan Lal Superintendent and Secretary to the Board Jim Morton P.O. Box 775 Lynwood , Ca. 90262 May 8, 2007 1\ lf~'; hv'k(J ~ ,. U O,../y..f./' ~ f k;'7 ~(D1 TO : Honorable Chairman & Planning Commissioners Drugs are the worst plague world wide, and have brought misery to many families and extended families worldwide. Just about everyone you speak to has been affected by drugs in some form or another . Elected officials and appointed commissioners, first responsibility is to the families ofLynwood. Phoenix House is a housing facility for substance abuse, with fourteen units and one manager residence, the facility can house between forty to sixty women. Phoenix House presently cannot control the environment outside the property line, and unfortunately children pass by every day to and from schoo\. Elementary schools such as Will Rogers at 1220 Duncan Ave, and Washington at 4225 Sanborn are just blocks away. This concerns the community and we are sure you would want the same safe environment in your own residential neighborhoods. A methadone clinic at 11315 Atlantic Ave. is located across the street from Phoenix House at 11300 Atlantic Ave. the facility received a conditional approval in a resolution on the basis that there would be no impact on the community. Families and businesses protested, but officials gave them the permit. Ever since the opening of the clinic the families and businesses in the area have been exposed to alleged drug dealers, shoplifting, and vagrancy. The misery they live with is due to the misguided decision of city officials and should never be repeated. Phoenix House is a good program, but not in a residential or business community surrounded by schools.! ask you to stand with your Lynwood families and business community and vote NO. Sincerely, ~. Jim Morton MARISCOS EL PAISA 10320 LONG BEACH BLVD., LYNWOOD, CALIFORNIA 90262 TEL: (213) 563-1047 May 7, 2007 Du+r.tJ~ t" r /G"'''> (,....""',</',... c; I rib! Planning COl1!mission, City of Lynwood 11330 Bullis Rd Lynwood, CA 90262 Honorable Commissioners: In reviewing all of the conditions required by you on my application for a beer license at my restaurant located at 10320 LongBeach Blvd, I find that the cost to implement the required conditions is high and since business is slow, it would put my business finances at risk. Please allow me to get the license; security cameras and alarms are already in place, the hiring of security guards and a good sheriff approved security plan would be implemented as soon as possible. The conditions that I alll opposing are those where fences and other capital improvements are concerned; they are extremely expensive and- would not help in the overall business operation. I have been a good business in the City of Lynwood and as such I am requesting the opportunity to otTer an additional service at my business and at the same time put an end to our collective problems. . . . Should you have any other questions, please do not hesitate to contact me. Testimony to Lynwood Planning Commission Maji 8, 2007 r'Publicl~~... \..AJunse.. ....... LAW C E N T E R Shashi Hanuman, Public Counsel Rebecca Thornton, Law Offices of Rebecca Thornton On behalf of the residents of the Carlin Avenue Village Mobilehome Park and ACORN, we submit comments on the draft housing element presented for consideration to the Lynwood Planning Commission today. As Planning Commissioners, it is your duty to ensure that the document you adopt as your housing element (HE) is both accurate and complies with the requirements of the law. The HE requires actual public participation in the "development" of the housing element. Here, no such participation has been had, and one public workshop is nowhere near sufficient to accomplish real public input. The reviewing agency places a high priority on actual public participation as required by law. Again, while we applaud Staff for making efforts to adopt a valid housing element, we also request that you, as Commissioners, do this in accordance with the requirements of the law for actual public participation. Our comments alone are insufficient, as we represent only a few of the residents of the Lynwood. o First, we direct your attention to the following inaccuracies in the draft HE, and ask that you direct Staff to explain and correct them: a) Duplicate Units List: Duplicate units listed in the Summary of Units Built (Appendix B): Pages B-ii through B-vi are the same exact pages and list the same units as pages B-vii through B-x - thus 120 to 140 units have been overstated. b) Inconsistent Data with Respect to Units Built During Planning Period: Staff should explain why other data sources, including Construction Industry Research Board data, show that Lynwood has built only half of the 595 units it claims to have built during the planning period. c) I,nconsistent Data with Respect to Potential to Build on Vacant Parcels: Staff should explain why the Environmental Report lists that vacant parcels can accommodate 60 units (See ErR, page 10), while the draft HE lists that vacant parcels can accommodate 104 units. (See draft HE, TableA-3). @ Second, we remind you that while you have directed Staff to take our comments of April 10, 2007 into account, our review shows that no changes have been made to the draft HE to reflect our comments. @} Third, in light of the above, we request that you make the following specific directives to Staff: 1. Revise the draft HE to correct the above deficiencies before another public meeting is held on this; 11. Revise the draft HE to reflect our prior comments in the letter dated April 10, 2007 and incorporated herein by reference; 111. Hold numerous workshops and study sessions, with adequate notice through print, radio and Spanish newspapers, to solicit actual input from citizens on the needs of this community. I IV. Conduct needs surveys of citizens to accurately depict the housing needs of the community as required by the draft HE. v. Take note of citizen input at workshops and study sessions, and use that input in development of the draft HE; and VI. Require staff to present a revised housing element to the Planning Commission onlv after all public workshops have been completed and comments taken into account. 1 Examples of adequate public processes in other cities attached hereto. Other cities have used a variety of methods to get citizen input, including radio, print, television and direct mailing, to ensure actual participation. ",' "- - '" ~- , Examples of Adequate Public Processes in Adoption of Housing Element Plan Preparation (Los Alllreles) . On January 17, 1996 a diverse group of non-profit and for-profit housing organizations met with the City departments dealing with housing matters to layout the issues to be addressed in this Housing Element revision. Subsequently, a Technical Advisory Committee (T AC) was formed from this group to assist the Planning Department in the preparation of this plan. This group had over 20 persons present at its first meeting~ This T AC included representatives from the Housing Department, the Housing Authority, the CRA, non-profit developers, lenders, elected officials, homeowners' associations and others. This committee identified significant housing issues and proposed goals, objectives, and policies to address housing needs in the City. It met at least nine times from February 14,1996 through December 9,1996 plus the members communicated by email, phone and fax to work out the proposals for this element. Plan Review After the plan was prepared for the proposals from the T AC the Planning Department sought review and input from a diverse cross section of the community. Work Shops A number of public workshops were held in various communities of the City to encourage input. Copies of the draft plan were mailed out with the invitations to the workshops so all parties could review the plan. Workshops were held on the following locations. December 20, 1997 Peck Park Community Center, San Pedro January 10, 1998 Canoga Park Senior Citizen Center, Canoga Park January 17,1998 Watts Senior Citizen Center, Watts January 24,1998 Westminster Senior Citizen Center, Venice January 31, 1998 Sun Valley Recreation Center, Sun Valley Diversity The invitations for these workshops went to a broad cross section of the local population in an effort to reach persons of various languages, cultures, abilities and orientations. For example, notices were sent to the English language and non-English press and broadcast media serving the African-American, Chinese, Japanese, Jewish, Philippine, Korean, and Spanish communities. Print Media Invitations were sent to over twenty diverse print media sources including La Opinion, Chinese Daily News, The-Sentinel, International Daily News, La Voz Libre, Life Philippines USA Today, LA Japanese Daily News, the Korean Times, Watts Times and the newspapers at USC, UCLA, and LMU. Broadcast Media The broadcast media were also notified and invited to make public service announcements to their constituencies. Over 30 diverse broadcast media sources were notified including KWKW, KLCS, KNBC, KPFK, KRLA, KXEZ, KMEX, KVEA, KWHY, KLON, KNX, KQLZ and KXLU. Internet and Cable T.V. The Planning Department also posted notice on our Internet site and on channel 35 on local cable T.V. Advocacy Groups Representatives of the housing advocacy groups were also invited to review and comment on the plan. Some ofthose invited include Mental Health Advocacy Services, Low Income Housing Fund, Ecohome, Sober Living Network, Legal Aid Foundation and Western Center on Law and Poverty. Environmental Clearance Review In addition to participating in the plan preparation, the public was able to review the environmental clearance. Notice of the environmental clearance was published in the L.A. Times on October 15, 1998 and the public was able to review and challenge the environmental clearance for 30 days after that date. In addition, the Environmental Clearance accompanied the Draft Housing Element at each stage of the plan review. Public Hearings and Review by Decision Makers Based on the input from the public workshops the proposed Housing Element was prepared and sent to the following decision making bodies of L.A. for further review, public hearings and approval. Planning Commission The Commission reviewed the plan at three public meetings on November 19, 1998, March 11, 1999, and on January 31, 2000 and held public hearings each time to gather input on the plan. Prior to the initial City Planning Commission hearing over 750 notices were sent out to anyone that responded to the notices for the earlier public workshops plus other individuals, public interest groups, homeowners' associations, City departments and various related agencies. Planning & Land Use Committee (PLUM) The PLUM Committee held hearings on the plan on September 12, 2000. Prior to their initial hearing, they sent out over 700 notices. For their subsequent hearings, they notified anyone that had responded in some way to the original notices. City Council After the PLUM Committee completes its public hearings and review of the plan, the full Council will take up the matter. They will send out notices inviting public participation and input. They will hold a full public hearing just as the Commission and PLUM Committee have done and then consider the plan. Public Review of Individual Plan Programs Each of the programs in the Element is subject to review and approval of one or more City or government agency. Each agency has their own due process rules but all must meet state and federal constitutional due process requirements. At a minimum these include open meetings and posting of notices subject to the Brown Act. For the programs in the plan there have been or will be many opportunities in this process for public input as the implementing agencies process the programs. Public Participation (Long Beach) Opportunities for residents to identify community housing needs, recommend strategies, and comment on the City's Housing Element are integral to a successful element. Participation was solicited through the local newspaper, flyers distributed by the City's six Community Planners at meetings with local community groups, and through regular updates and postings on the City's web site. Furthermore, 152 neighborhood and citywide organizations were direct mailed notices regarding the workshops. Therefore, significant public noticing was accomplished for the Housing Element. Numerous groups representing the community participated in various aspects of updating the 2000-2005 Housing Element at the community workshops. A sample of participating groups include the following: Carmelitos (Public Housing) Tenants Association, Long Beach Central Area Association, Empower Long Beach Coordinating Council, Central Long Beach Business Association, Long Beach Area Coalition for the Homeless, Disabled Resource Center, Long Beach Affordable Housing Coalition, Foundation for Independent Living, National Association for the Mentally Ill, and the Legal Aid Foundation to mention a few. DUling the Needs Assessment phase, two rounds of community workshops were conducted dUling the meetings, and to neighborhood organizations. Approximately 350 surveys were completed. This community input has been reflected in the Element's policies and programs. A summary of each community meeting is contained in Appendix B and a detailed tabulation of the Needs Survey is available at City Hall in the Advanced Planning Division (5th Floor). Upon completion of the draft 2000-2005 Housing Element, the Planning Commission, Housing AuthOlity, Housing pevelopment Company, Redevelopment Agency, Disability Commission, and City Councilconducted study sessions. Participants at the prior community meetings were notified of each meeting. The Draft Element was_~~ubniitfeQ to the Department of Housing and Community Development for comment. After HCD reviewed the draft Housing Element, public hearings were held before the Planning Commission and the City Council. AGENDA ITEM # 8 CUP NO. 2007-05 VAR NO. 2007-03 \ J DATE: June 12" 2007 TO: Honorable Chair and Members of the Planning Commission FROM: Grant Taylor, Director of Development Services SUBJECT: Conditional Use Permit No. 2007-05 Variance No. 2007-02 10320 Long Beach Boulevard APN 6207-009-029, 030 & 036 APPLICANT: Mariscos EI Paisa, Inc. PROPOSAL The applicant is requesting approval of an on-sale beer and wine license (Type 41) at the existing Mariscos EI Paisa restaurant located at 10320 Long Beach Boulevard in the C-3 (Heavy Commercial) zone. In addition, the applicant is requesting approval of a variance to reduce the minimum distance requirement between alcohol serving establishment and residential zone from 100 feet to 80 feet. BACKGROUND The subject property is an irregular shaped lot totaling 12,361 square feet in area and is located on the northeast corner of Long Beach Boulevard and Cherokee Avenue. The property is developed with a 2,395 square foot building, two-stories in height with thirteen (13) parking stalls and vehicle access provided from Long Beach Boulevard to the west (front) and State Street to the east (rear). The property provides 1,690 square feet or 13.67% landscaping primarily around the perimeter of the parking lot area. The first floor plan identifies kitchen areas, storage and utility rooms totaling 1,610 square feet and indoor (covered) dining areas totaling 1,300 square feet. The second floor plan indicates office, storage and a balcony totaling 785 square feet. The elevations indicate a two-story building, twenty-two feet (22') in height with stucco siding, tile roof with various building and roof lines. On February 28, 2007 the applicant did not attend the Site Plan Review Committee meeting. H:\WQRDFILE\PLAJ\'1\] NG'.ST AFFRPT'.cupl0Q7-05, varl0Q7-Q1.1 0320lbb_mariscrspaisa,doc At the Planning Commission meeting on March 13, 2007 the Planning Commission accepted extensive public testimony from persons expressing concern with the proposal. The Commission directed the applicant to submit a detailed security plan to include security personnel, fencing, lighting, cameras, locks and other measures and that such plan shall be reviewed by the Los Angeles County Sheriff and comments or recommendations provided. On March 20, 2007 staff forwarded a letter to the owner, Manuel Simental, summarizing the Planning Commission's direction. On March 28, 2007 the applicant did not attend the Site Plan Review Committee meeting. Staff was informed after the fact that the applicant was out of town. On April 13, 2007 the Planning Commission continued the item to allow the applicant more time to provide a detailed security plan. On May 8, 2007 the Planning Commission reviewed the application and a letter from the applicant requesting to waive or defer conditions pertaining to a fence around the parking lot, security plan, security personnel, sheriff review and off-site improvements. The Planning Commission directed the applicant to submit a security plan for Sheriff review and comply with proposed conditions in Resolution 3169. On May 21, 2007 the applicant submitted a security plan consisting of a blueline site plan and attached description. The security plan included proposed revisions to the conditions of approval that are different than in the letter dated May 7, 2007. Staff forwarded the security plan to the Sheriff for review and comment. On May 4, 2007 staff met with the applicant and his agent to review the security plan and conditions of approval. Following is a summary: Condition #7: The applicant proposes to install a low hedge around the parking lot rather than a fence. The hedge will not keep patrons from bringing alcohol or loitering. Condition #8: The applicant opposes the staff recommendation of one security person and the Planning Commission recommendation of two security persons during all business hours. The applicant proposes two security persons on weekends from 4:00 pm until closing. Staff concurs with the Planning Commission recommendation for two security persons during all business hours. The applicant counter offer was one security person for all business hours and one during peak hours. H:\WQRDFILE\PLANNING\STAFFRPP.cup2007-05,var2007-02.1 03201bb.maris'2spaisa.doc Condition #21: The applicant opposes repairing damaged sidewalk adjacent to the subject property. In discussion, the applicant agreed to replacing broken panels only. Staff concurs with broken panels only. Condition #22: The applicant proposes to amend condition requiring two street light poles and pay a fee of 5% of the valuation. Staff recommends the two (2) street light poles to include one on State Street and one on Cherokee Avenue. Condition #26: The applicant proposes to delete condition #26 regarding improvements to the adjacent property he owns that is not part of the application. Staff concurs to delete condition #26. On June 6, 2007 the Los Angeles County Sheriff forwarded an e-mail that they reviewed the security plan, rejected the security plan as it is only a reiteration of current building security design and does not address anticipated security concerns that are present and will be present if alcohol were served. The Sheriff recommends denial. In summary, the applicant has not been diligent in pursuing the project, proposes deletions or amendments to conditions that change from meeting to meeting, has not submitted a quality security plan, and has not demonstrated intent to mitigate impacts from his business on properties in the vicinity. ANALYSIS & DISCUSSION Lynwood Municipal Code (LMC) Chapter 25.25 sets forth permitted uses, conditionally permitted uses and development standards for commercial districts. LMC Section 25.25.010 (d) states in part "the Heavy Commercial (C-3) district provides for retail centers that serve community-wide needs and neighborhood needs. The Heavy Commercial District provides for commercial areas that include, but are not limited to, large retail uses such as "big box" stores, furniture stores, appliance and home electronics retailers, movie theaters, service commercial businesses, professional business offices, and restaurants", LMC Appendix A, regulation of uses by zoning districts, identifies "restaurants" as being a permitted use in any commercial zone. Appendix A requires a conditional use permit for any establishment providing alcoholic beverages. LMC Section 25.25.060 (a)(2) states alcohol serving establishments shall not be located within one hundred feet (100') of any area zoned for residential purposes. Residential property to the east on State Street is approximately eight feet (80') from the restaurant property . H:\ WORDFILE\PLANNING\ST AFFRPT\cup2007-05, \'ar2007-02.1 0320Ibb.maris<:3spaisa.doc The restaurant operates daily until 8:00 pm or 9:00 p.m. and is a family oriented eatery. The property owner is requesting the alcohol license to offer patrons the choice to order a beer or glass of wine with lunch or dinner. Serving of alcoholic beverages would be secondary and incidental to food services. Staff is recommending denial of the application. If the Planning Commission considers supporting the application, conditions of approval and mitigation measures should be implemented to discourage and eliminate such activities as trespass, loitering, unauthorized alcohol consumption, noise, light, public safety. Resolution 3169 sets forth conditions to include but not be limited to: . Install six-foot (6') wrought iron fence around the perimeter of the parking lot; . Provide minimum two (2) security guards during business hours; . Have the Los Angeles County Sheriff review and support a security plan; . Plan shall identify security measures to mitigate impacts associated with sales of alcohol to include survelliance cameras, locks, alarms and lighting; . Install no loitering signs; . No exterior advertising of alcoholic beverages . No temporary signs; . Perform off-site improvements recommended by the Public Works Department. Staff originally supported the application as required findings can be made and conditions could be implemented to mitigate potential impacts and the applicant originally agreed to comply with all conditions. Staff is now recommending denial for the following reasons: 1) The applicant objected to submitting a security plan, submitted an as-built plan late that was rejected by the Sheriff; 2) The applicant missed Site Plan Review Committee meetings without notice; 3) The applicant continues to negotiate conditions of approval that change from meeting to meeting; 4) The applicant has not demonstrated a willingness to mitigate impacts; 5) A large number of residents spoke in opposition. 6) Residents who spoke in opposition live in the immediate vicinity of the subject property and residents who spoke in favor do not live in the area. FINDINGS REOUIRED TO APPROVE A CONDITIONAL USE PERMIT Lynwood Municipal Code Section 25.130.050 sets forth five (5) findings the Planning Commission must make in order to approve a conditional use permit. Following is a summary of findings in bold followed by staff determinations: H:\ WORDFILE\PLANNING'..sT AFFRP1\cup2007 -05, var2007.02.1 OJ201bb.maris~spaisa.doc A. That the proposed Conditional Use is consistent with the General Plan; The General Plan Land Use Map designation for the subject property is Commercial that is consistent with the C-3 zoning designation. The restaurant is consistent with the General Plan policies and goals set forth in the Land Use and Economic Development Elements. 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; The restaurant is consistent with the commercial and service oriented uses permitted by the LMC and present in the area. Conditions of approval and mitigation measures would be mandatory to reduce potentially significant impacts on properties in the vicinity and protect the public health, safety and general welfare. The applicant continues to negotiate conditions and change his proposals. C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed; The property totals 12,361 square feet in area and can adequately accommodate the existing restaurant. No additions or alterations are proposed. The applicant does not appear to admit his business creates impacts on properties in the vicinity. D. That the proposed conditional use complies with all applicable development standards of the zoning district; The restaurant currently complies with all development standards set forth in the Lynwood Municipal Code except the distance to residential properties. A variance is required. The applicant does not want to comply with all conditions proposed by staff to mitigate impacts. E. That the proposed conditional use observes the spirit and intent of this Zoning Code. The restaurant is consistent with the C-3 zoning that allows restaurants by right and alcohol serving establishments pursuant to a conditional use permit. The purpose of a conditional use permit is to mitigate impacts on adjacent properties and the applicant is resistant to proposed conditions. H:\ WORDFILE\PLANNINGlST AFFRPTI..cupl007 -05.var2007-02.1 03201bb.maris'5spaisa_doc FINDINGS REOUIRED TO APPROVE A VARIANCE LMC Section 25.135.060 sets forth six (6) required findings that the Planning Commission must make in order to approve a major variance. Following is a summary of findings in bold followed by staff determinations: A. That there are exceptional or extraordinary circumstances or conditions applicable to the property which do not apply generally to other properties in the same vicinity and zone. All commercial properties in the City are along corridors bordered by residential zones. All other alcohol serving establishments are located within 100 feet of residential zones and require variances. B. That such Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone, but which is denied the property in question. Other restaurants and alcohol serving establishments in the vicinity are near or adjacent to residential zones and are licensed by the City of Lynwood and State Department of Alcoholic Beverage Control. C. That the granting of such Variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity. Sales of alcoholic beverages at the existing restaurant will not negatively impact properties or businesses in the vicinity as conditions of approval are set forth in Resolution 3169 to mitigate potential impacts to levels of insignificance. D. That in granting the Variance, the spirit and intent of this Zoning Code will be observed. The restaurant is a permitted use pursuant to LMC Appendix X. Granting the site distance variance is consistent with the intent of Title 25 (Zoning). E. That the Variance does not grant special privilege to the applicant. Other alcohol serving establishments in the vicinity are within 100 feet or residential zones and the granting of the variance would not constitute a special privilege. F. That the Variance request is consistent with the General Plan of the City of Lynwood. H:\WORDFJLE\.PLANNING\ST AFFRP-ncup2007-05, var2007-02. 103201bb,maris't)spaisa,doc Granting the Variance is consistent with the commercial land use designations and the Land Use and Economic Development Elements. ' ENVIRONMENTAL ASSESSMENT The Development Services Department has determined the application is categorically exempt from the California Environmental Quality Act (CEQA), of the State Guidelines, as amended pursuant to Section 15301(a). RECOMMENDATION Staff recommends that the Planning Commission adopt Resolution 3169 DENYING Conditional Use Permit No. 2007-05. If the Planning Commission elects to support the application, attached is a Resolution 3169 approving Conditional Use Permit No. 2007-05 with conditions and a Resolution 3170 approving Variance No. 2007-03. Attachments: 1. Project profile 2. Location Map 3. E-mail from Sheriff dated 6/6/07 4. Letter from applicant dated 5/07/07 5. Resolution 3169 (CUP Denial) 6. Resolution 3169 (CUP Approval) 7. Resolution 3170 (VAR) 8. Security Plan 9. Plans H:\WORDFILE1.PLANNING\ST AFFRPT"Cllp2007-05,var2007-02.1 0320lbb_mariscyspaisa.doc PROJECT PROFILE Conditional Use Permit No. 2007-05 Variance No. 2007-02 10320 Long Beach Boulevard 6207-009-029, 030 &036 1. Source of Authoritv Lynwood Municipal Code (LMC) Appendix A identifies restaurants as permitted uses; LMC Section 25.25.060 sets forth standards for alcohol serving establishments; LMC Chapter 25.25 sets forth requirements and development standards in commercial zones; LMC Section 25.130.050 sets forth the findings that must be made by the Planning Commission for approval of a Conditional Use Permit; and LMC Section 25.135.060 sets forth findings that the Planning Commission must made to approve a variance. 2. Property Location and Size The subject property is located on the northeast corner of Long Beach Boulevard and Cherokee Avenue in the C-3 (Heavy Commercial) zone. The site totals approximately 12,361 in area and is developed with two-story restaurant totaling 2,395 square feet and a 1,300 square foot covered dining area. 3. Existing Land Uses Subject: North: South: East: West: Restaurant Pet Hospital Cherokee Avenue then Restaurant State Street then Multiple-Family Residential Long Beach Boulevard then Commercial 4 Land Use Desianations General Plan Zonina Subject: North: South: East: Commercial Commercial Commercial Commercial C-3 (Heavy Commercial) C-3 (Heavy Commercial) C-3 (Heavy Commercial) R-3 (Multiple-Family Residential) H:\WORDFILE\PLANN I NG\ST AFFRPTl.cup2007.05,var2007-02.1 OJ20Ibb.mariscsspaisa.doc West: Commercial C-3 (Heavy Commercial) 5. Site Plan Review The Site Plan Review Committee has reviewed this project and identified conditions set forth in Resolution 3169. 6. Zoninq Enforcement Historv No open cases at this time. 7. Public ReSDonse A large number of residents spoke in opposition at the March 13, 2007 Planning Commission meeting. H:\WORDFILPPLANN!NG\ST AFFRPT\cup2007-05,var2007 -02.1 03201bb.maris~paisa.doc \ t N '_.../ LOCATION MAP \\. t;~V .'a/.I/' Q.tV'! ..,.'~'. ~:; ~.. _u 't...:..__).~r:;. '":$" r';'" tvnCHEGAN ~: t \$1 :~Li ;2'0 '" ! . ~.----c<_~ r~~ , , . ! , : l::-o.....,","" - - 1-~" i , '. i i l r;' ~ " " ,. I:~. 80 (j) r ~~ ! ~ I (', AVE. Cl 32 i [\ ",eNo. CONDITIONAL USE PERMIT 2007-05 & VARIANCE 2007-02 t"~dress: 10320'LONG BEACH BOULEVARD 06 /dG.?5~f.O ~ Z8 ^()l .. I /5/.Z/ I\. - @I ,~. ~c.o ~~tlc.of2\ ~.@;.;c.o {.. ~ I-J\:J ~ I :'./:l5...4~ {\ &0 ". I "0 "' //S..4-<f t8 ~ .:~6.e3. s t;<:D '0 .. . - '" '?-., /48.44 ~~~ 0 0"l~.V5V f\) tJ\.'" /30.66 .... ~~@ O~& IJ". //0.59 W . D~.......ant Name: (,; '" ~~ 32 8 09 ~~ 0, = ~ "- '" o@ -I> :J @J>t\ 8 &SEQUOI~ DR~ 0. "'" /7.17 'S ~ ~~ ~ 1.0 ~.~ I 9.97 I\l ~ /3 44 I\l I\l U" CHER<&KEE \~ \~og '" MARISCOS EL PAISA ] 300' or [ ] 500' Radius Map Page 1 of 1 Grant Taylor From: Roller, Steven M. [SMRoller@lasd.org] Sent: Wednesday, June 06, 2007 3:52 PM To: Grant Taylor Cc: Rivas, Silverio; Hardy, Paul W. (SGT) Subject: RE: Mariscos Paisa Security Plan (10320 Long Beach) I have reviewed the security plan as submitted by Mariscos Paisa as a condition of their application to the City of Lynwood. I find that the security plans as submitted are only reiteration of the current building security design and do not adequately address the anticipated security concerns which are present when alcoholic beverages are sold. The addition of security guards does mitigate the Sheriffs Department's position. Based upon the submitted information, it is recommended that the necessary permits NOT be granted to Mariscos Paisa for sales of alcoholic beverages. As always, I am available to answer questions from the City. Steven M. Roller, Captain CDmmander, Century StatiDn (323) 568-4750 6/6/2007 MARISCOS EL PAISA, 10320 LONG BEACH BLVD., LYNWOOD, CALIFORNIA 90262 TEL: (213) 563-1047 May 7, 2007 PI" n.^ ,> (0 J<,. .....:, f.'", . ,s,;r/D7 - Planning Commission, City of Lynwood 11330 Bullis Rd Lynwood, CA 90262 Honorable Commissioners: In reviewing all of the conditions required by you on my application for a beer license at my restaurant located at 10320 Long Beach Blvd, I find that the cost to implement the required conditions is high and since business is slow, it would put my business finances at risk. Please allow me to get the license; security cameras and alanns are already in place, the hiring of security guards and a good sheriff approved security plan would be implemented as soon as possible. The conditions that! am opposing are those where fences and other capital improvements are concerned; they are extremely expensive and would not help in the overall business operation. I have been a good business in the City of Lynwood and as such I am requesting the opportunity to-offer an additional service atmy business and at the sameJime put an end to our collective problems. Should you have any other questions, please do not hesitate to contact me. RESOLUTION 3169 (DENY) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF L YNWOOD ADOPTING CERTAIN FINDINGS RELATED TO, AND DENYING CONDITIONAL USE PERMIT NO. 2007-05, AN ON- SALE BEER AND WINE LICENSE (TYPE 41) FOR THE EXISTING MARICOS EL PAISAS RESTAURANT ON PROPERTY LOCATED AT 10320 LONG BEACH BOULEVARD, ASSESSOR PARCEL NUMBER 6207-009- 029, 030 &. 036 IN THE C-3 (HEAVY COMMERCIAL) lONE, CITY OF L YNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission conducted a continued publiC hearing on June 12, 2007; and WHEREAS, the Lynwood Planning Commission conducted a continued public hearing on May 8, 2007 and continued the item; and WHEREAS, the Lynwood Planning Commission conducted a continued publiC hearing on April 10, 2007 and continued the item; and WHEREAS, the Lynwood Planning Commission, pursuant to law, on March 13, 2007 conducted a publiC hearing on Conditional Use Permit No. 2007-05 and the item was continued; and WHEREAS, the Lynwood Planning Commission considered all oral and written testimony offered at the public hearings; and WHEREAS, the Development Services Department has determined that the proposal is categorically exempt from the provisions set forth in the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15301(a), therefore; Section 1. The Lynwood Planning Commission hereby finds and determines as follows: A. That the proposed Conditional Use is consistent with the General Plan. The General Plan Land Use Map Designation for the subject property is Commercial that is consistent with the C-3 (Heavy Commercial) zoning designation. 1 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, building, or structures; The restaurant has a history of unauthorized consumption of alcoholic beverages, loitering and cruising activities. The State Department of Alcoholic Beverage Control has inspected the premises and issued a violation notice. The applicant is resistant to complying with recommended conditions and continues to negotiate conditions that change. C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. The dining area is outside near Long Beach Boulevard. Serving alcoholic beverages outside of an enclosed building is difficult to regulate and may pose significant impacts on properties in the vicinity. The applicant is resistant to install a fence to provide security and prevent trespass. D. That the proposed conditional use complies with all applicable development standards of the zoning district; and The restaurant is less than 100 feet from residential zones thereby requiring approval of a major variance. A large number of residents in the immediate vicinity spoke in opposition to the application. E. That the proposed conditional use observes the spirit and intent of this Zoning Code. The restaurant requires a variance and has a history of code violations and incidents requiring the Los Angeles County Sheriff to respond. The applicant is resistant to complying with recommended conditions. Section 2. The Lynwood Planning Commission hereby denies Conditional Use Permit No. 2007-05. 2 . " ~ - ' ..,..-: , . ""HRESOLli1:.i:or~f3f69~'-- ~.' "<:;," ~. ';.-~,-.;,~.;.~.,o ., ".~ '~"" , ': _'.~' ~, " ...,'" . :,;, . _~;i::':;:;-_:~"'<_;'}.. ~_'_: _~ ",~-< ~"'. ',; ... ,','- "' A'RESOLUtIONOF THE~PLANNING_-COMMISSION,OF, .,: ,THE -.'CItY'oF' LYNWOOO;,,"ADCfPtIN(;",{CERTAIN .....,-. FINDINGS- ," RELATED-',,'TO/i, "'-'AN'O:,.';;APPROVIllaG-' ,"_ ., ~,-.", _~_' ~," . _," -_-~, -",- ~,"_" "_:l.,-.',.r .~ - - c::ONI.)ITIO~A~USE'PERMI~NQ;::~Q07~95;APl':R9VAL_,,: ..'' _. OF ANON-SALEiBEER ANDWINEUCENSE(TYPE 41) " '.. 'FOR THE;:- EXISTING, ,MARlt6s-,.~EL.PAisAS . '-. _ RESTAURANT'ONPROPER:rj"liOcATEDrAT-.i()320 -- . -LONG. 'BEACH" BOULEVARO;-.,AssESSOR"PARCEL' '. _ NUMBER -;6207~009-029>-()3'O'&.()36 ,IN THE C-3 :-' . .' - (HEAV't' .COMMERCIAl,lZONi:;dTv 'OF LYNWOOD,. _'-'. COUNTvOF LOS ANGELESi,STATE10F CALIFORNIA: '.', .-'- ,~ ' "..' -.' -. ,'- _.', ., ':/,:' ~.'-,-.:. ,,-,~_,,:~'-'c~.:<~.~7:>~L;/_~~-i-~~:)~'::-~-~':-/~,'_:::~;'_'~{;~ .-;:t :"~,~:.~>-:':::' "~. '.. .>:. '"; WHEREAS,the>LynwoodPlanning.,<:on'lmission,coiiducted 'a'cpntinued . . '. '. .' . ' '., .. publichearingon June -12, 2007;' and ":", .,; ... -. '. - ,.' ., . . -', - ' , '. - ," . '-:.' '.' 'j'-',. 'I'<'''-:~ . ".,.-'.",:-'. :-,,:~;_,~.::;_..-~.~'.,o~- e\':_-:"~"'~<'>>';'-' 1-".:::..-~'tc~-,:,"7':-,:'___,'-.- '.~~>, ,->'- . - WHEREAS; the Lynwood: Planning. CPrI1[i1ission!=ondlict.edfa;:contin!--,ea: .C.... . " . _ _' < . ' " _ _ . )J. ," - ,'. ' ,":' . - - .,,' _ ~_ . . . _ . . . . publichearing'on~~y 8,2007 a[ld'continqed.tneiteiT1;a[ld '. ,. c.' .. C"" '. ..:~. ~~ _<';, ,_ ',," ' ':~.: ",' ,;:; _ >. __~.. ,,-.: ~~.,,:_, _ ",'~:~'-,,:: ,-";~r.:':~>'''''~__~~',_'-'-':'' ~;>~. ':""'''_', _ _ ''- _ _' '., - ....- _. '. .. WHEREAS,th~Wnwo6d Planning~QlTlmis~ionconduCted'acontinued publictiearinir< . . .' on Api'i119, 2007 and continue? the it~m!~nd,' ", 1>,: "..... .' -: . . " . ........, : ,- , -.~, '.' ',,, '-<'.~ . :',"...- '-<," .-: :<'''"_'Y~~''~'_'';')-~'''-' ;~~_ ::~;"....-.;>.":.!~ .~,';_..-. _~',^":-"., "'," .;".... " '. WHEREAS; the Lynwood Plarinirig' Coniniis~ion;.pursuanttoJaw, on March 13j 2007 _ __ '" con~ucted'a' publiC hearirig on CondltiO[1al: User pe~inlt. No.'?Q07-bS ~ridtlie Item was ' ..' '" . continued; and " ~.' ." '.' ,,-. '. " '.- - - _ .' : , '- , ,- ' " " '-)- :.: . . -' \ " ,~ - ; -, .- ;~ ~ \ ;; . ". "-" r , '- , - - ,- ' , -" ~ ," -" - ' - ' '--: "- . - . <:: '. -' ,". ' ,.-~ ~, '. '-,-' WHEREAS, . tHe Lynwood' Planning: Commission considered 'all 'pra)' and. writte,n . testimonyoffered-atthepublichearing;and;-',, "'. ' --". -- .."c ., .,~ ". .-- . of -'': ,,- --;. '.,;' ::,<' , .~ "," ,~': '.-:: r' .'<, ' ~Y, ", . ._',_' ,'., "'_-:''"':'}'')''':'-,,; - ','" ,_'" ,__'__"'~',~'",,; ,,',: __~" . .,'.' '. .... WHEREAS, the DevelopmentServices,Department:hasdeterminedthattheproposaI " '.. '.. < is.categoricallyexempt froni 'ttie'provisionssef forth.inthe CalifornlfEnvironm'ental QualitY. ......... ....'. 'Act (CEQA) GuidelinespurSuant;to.Sect\on153bt(a);:therefde;""-:":" ..' " --:.' ! ..- f, <___,..,.--','- _: ,-',''';'i~, ,,"_, ,:, .' ,-~' ~c ~,,'._, ", "~___,_>::_'~_:;--,~.-',':;"-":j,::-..,,",_b:,'__<"., ,.,.~-_~-,;.~" ":0 _ <'::____,""\'.', > Sectioni .The tynwood 'Plannin9. 'Commission "hEireby :'finds' anddetermines"as ". . ......... ; _follows:'; .... ". '.' ..' ......... ...... ...... ...,"'.':,:'':.'" '.,';,,' ,'. ,:' .' ".-.-, -,. . ,'~--- : ,:~.- ': . " " " .',..1,- <" .', " ;~ i l. I " ~ - ~. . - , ," "', -'. r - " I ~ . : I l'_ . '. I.... I I I ' I' I_ I.' ~, '. . ,<'." . -' .:' ,,'; -.,:,' , <'-.'e"" ,,- ,- . .'" \,-", ." -'''.. ,'. -,,'-~' .' '~ . .-.- " ..," "-.""..,,-.; . , . ,. '~ , ~ '~1 "';1 '1 4'- c', ",', .. ,r_ ~ ~ ,- , "-<-~" ',. - . -,' .' ',' '"', .\"" , '.. "~' ': ' .-"" ",,'.' I '~: ,: " .,,- ~ -~ ' < '::, '-,''''~' ;". .. \~, :"~--:':', ':~ -'! ,'-''''1 -"", , -'~' , - ;, ',' ",",.. .- . ~ .,~' ,,;:-<~~.! ',. ':-.. .:., d " , "; ..~,~- ,',> " ~ ' :~' '. '" :1 '1 .. " . I i ".")' . ,:'- , ,~. . . "A. That the proPoSed'Coriditi~h~1 US~i~coh~i~~ntwjt_htheGen~ral_'PI';n;:, " 'The' GerieralPlan,' kind, Use .'Map' ';Designa~icinfor,th~ 'subjeCt "propeJ:tY.' i~;' ,." . :-Commercial tnat __is . c6nsistent.with'the"::C-3;'(~~?vy, Commercial),icining . . ", desigl1ation: The existing r~staur~rif is' consist~r1twitfi 'the,~ereraIPlanpblicies',: . _ and goals set forth in the Land Use and Economic Development Elemen_ts; ..-.' " ',',' ,':-:... ~,,' . .~~ .....~ . :..". ",-<' .t~-~ ,,_,~ . ~, " - : .~ - , - " '-,- ~,.~ ',~ " "", >,' . . , .. ,"- , " ,c. ,~'.. \. .,> . , ">." " " ..,-'\- - . "-' :, . '.' ." '" -~'.:-. : ~ ~. ~ "x' '-. . ~' . . . - -- . B. That the nature,' condition, and 'development of adjace!,t uses, buildings, and strl.!ctures have been 'considered;and that the use will . '..not adversely affect or be materially detrimental to. these adjacent uses, . building, orstructuresi . . ..... . . The restaurant is consistent with the commercial and service oriented uses permitted in the Lynwood Municipal Code and present along. Long Beach Boulevard. The. beer and wine license woulp only require minor interior. alterations and the land use will not significantly impact properties in the vicinity. Conditions of approval would be implemented to' reduce potential impacts and. '. protect the public health, safety and. general welfare. ...... C. That the site for the proposed conditional use is of adequate size and . shape to accommodate t~e use and buildings proposed. '. '.' '. . .... . The subject property totals 12,361 square feet. in area, the building consists of two stories, 2,395 square feet of building. area, 1,300 square feet of sitting, pick- . up ahdwaitirig area;. provides thirteen (13) .parking stalls, and 1;690sql.Jare'feet or 13.67% of the property cOnsists of landstaping. The property is adequate to accommodate 'the restaurant,\iVith'a beer and wine licenSe. ." ,. ,.~- . . D. That the proposed conditional use complies with, all applicable . development standardsoUhe zoning districti and' . . . . . . . The restaurant satisfies development. ,stimdards set. forth in the' Lynwood Municipal Code to include use, parking, landscapi.ngi and setbacks, however, a , variance is required to reduce the site distance toiresidential zones' from 100. feet, to 80 feet. . , E.Thatthe proposed,conciitionaluSe observes the spirit and intent of this .' Zoning Code; . " . . ,... . '. .The. restaurant is ,consistent with permitted uses anddE!Velopment' standards s~t' forth in the Lynwood Municipal <;:ode: Section 2. The .Lynwood Planning Commissiol1 hereby appr()ves Conditional Use. Permit No. 2007-05, subject to all conditions, reStrictions and limitations set forth as ' . follows:' , i ,. . .,T;, . ".; . ,'> ';-:.I'''~ . -': \ .. < - ...-' ...., . 2" ,':. :> ., 'i.' .',' " , I I , '" ~CONDrnONS OF APPROVAL " , DEVELOPMENT SERVICES DEPARTMENT' -,'. . . . _' ,__ , ' :___. ," " t '" ..,' 1., The conditional use must beacte~'uponwithinone year:'The Conditional' Use Permit shall become null and void 365 days'from the date of approval if not acted on within this,period. One extension of 1 year may be granted' if the extension ,is, requested in writing prior to th~ end of the valid period, at the discretion of the Development Services Department. , 3 " . ' . .. '. '"L ". , - " 2.> The 'project shall comply with.allreg'ulations and standar~sset forth in the Lynwood ' Municipal Code, the California -Building 'Code, the Los Angeles County Fire Code and' all other City Departments. ' , , The' project shall be developed 'irra~cordand; with' the plans approved by the Lynwood Planning Commission,dated March 13,2007 andon file in the Development service Depa~ment, Planning pivision. " , ~ "' .' -::> . '~,.. 4. Any proposed subsequent modification of the subject site or structures thereon, shalf be first reported to -the Development'Services Department, Planning Division, for review of said modifications. .' , 1-_: ' .. ". 5." The' property owner/business owner shall sign a Statement ofAcceptaricestatiilg thaLhe/shehas read/understands"alld,agrees to ,all conditions of this resolution prior to issuance of building 'permits.' 6. Conditions of approvai shall be. printed. on plans orattachecl to the plans prior to submission tothe Building and Safety Diitision for plan Check. ' , . . , . -.~ " PLANNING,DIvISION, j .' -"",; " '_ _, ". c. t_ ",_ ",,". _,' ; 7. The property owner shall install and maintain a decorative wrought iron fence ,not " less, than six~feet (6') in ,height around the. perimeter 'of the parking lot area to" , ' discourage trespassandloiteringpriortqapproval to seW alcoholic beverages. Gates shail' be inStalled across' both vehicle" accessa.reas and shall remain locked after business hours: Priorto fence installation the property owner shall submit plans and , , obtain a fence permit.: '., I, I I 8. The property :owner shall provide a minimum of one (1) security guard during all business hourS. The security guard shall require patrons to enter from the front of the biJsinessJacing tong Beach Boulevard orthe'parkinglot area. , ' 3' ..,- .'. . ~', '" , , .' ~:c' , -:..... , , , .. ",.." ~:' "; "I i, -'...- . '). ""- ,:'.' -.. ,'" ' ~ .x, . ~ '-, : -',_': ", ; '--> ~~ '- "', ~;., _c'" .' ,~'." -: " . "''>''- " , '~ . , .,' ."., " -:. >,-, .'-, "-." , . ., :" -,,', -", "-- '." '_, -' ,-.~<-";':_~ "', _, ~~ :~~, ,- ._:- '~'-'_ .' ~ _._.,,'< \o/~, 't.,,:. .</"'~.: , ,'j;', ::--:,>' ':;; _ ~" .:: < ;', _ _,' ~ ,';<', "_" . . " ' 0'" ,; :.. ~;_ __ .....< 9. ~,'.' TheLos~!lgel~s C6uhW !iheriffpepi!rtnieqfshal) be consulted forrec;o.mmendatioris ' ! ...., regarding':any a9ditionalsecu~ity, m~a!;urestobe, provideofor' adequate protection 'at;, '. ,,' '. i patron~lerriploy~e~andnearpY:r~sic1entS. . 'i,' > . ,,', ,,"< . ., 10.. '.' The ap~licant -shall submit a de~i1ed pl~n identifyj~g secu'ritY ;~~tUrE~~ t9 include ~~t ~ ,':,~,J '" '.'., ,not be limited to a !;urvelliancesystem, installationsof,16cks andalarms;al1d:securltY . .'., . lighting:;' "" ,.. '';; ':. ;"," "",', , ,Th ,~_':":_: <0' ~~ "\'~~',,;._:' ,::>.~~:,:,_,<~-.,,>.,.,:.,.- . :-",:\";',l':.., :{':,~,',_.~,>~~,_, ~':'/(_:'<'::__';':_-~'.'~:'::".->.","',,::~::" .,',~' i, '11., The:property owriershall'not allow alcoholic beverage!; to beibrought,ontothe site," , , . Only beer: and ~\<Vineprovided,bythe~estcliJrant ;shall'be~perrriittea. .'No alcoholic> beverages shall be consumed ,outside the '.approved restaurant area;br 'ona'ny -. ,0 propertY adjacent to the Iicen,sed premises under the control,of the licensee., . '_, :.- ,," :' ~"'" ' _ ,'. ,-' '". ":, _ , '>'_: :-,,~:',t<<_, _' ' "'_" : "" -~ -, _ '.w',' ,,"" -';:_" ,'-',: " ':' ',' :.:,,_' _" _ _' _ ' "', . '12;:, ,The property' ownersliall,r,ot allow 'loiteririg;ontt1epremise~: A promirientsign shall . , ,~','beposted onth~ r~sta~rantai1d ,in the par,king;lbtareasj5rohibiting loitering.. ;,. ',~ -, ~,-,~.c', ,~_-,} :'. ,":r',~.. ,," :-,~, '(v ~. :.-,' , . c " " '. ~:.. ,~, ," ':\,: ,~':-:~ J~ ;"Y,!.z. !' ~ ~ "":.0;, ;, <"<"" _ ,,_,:\,>,;, ,'''.,., :'-,V '13. There ~hall'l)e rio exterior advertising of any kin~ 'or"tYpe promoting or indicating th~,,-, . ' 'availability'ofal~otiplic oeverages:', . '. .' 'I ' " , ' '. ',,' '-; " . <::, ~:>'_ 'f f' "'.: '~,:~.,,:', ' i._ _:','~-": _~''-''",>,^ '_'<J' ,'~:~"-~:::::~.~..-.:_~,::",;.>>~,~.,.:-'-':, /~,,' '~';,'~__':,:: ...., ':,,,-" '-_.-, ,',-.;':':, "!,: '_,;;' {'-,,! , ,,' ' ." " 14>. ThepropertYi 9~ner csh~lIsubmit'plan!;:and6btain.'permitsforanY signs,rnuralsbr ' , .... oannerspriqr'to installCltiqn: .. ~na~th6ri?ed;painte'd' riall~'-'signs~ha!lbe tern:oved 01'\ '. . '. .. painted oyer,. ,Murals require subril.ittalforPlanriing,Corilmissioh approvah,' "" . Unauthorized signs shaH be remedied prior':tb approval tosenal~oholic !;leverages, '. ... ' . , "0 ,'" .,.-,: : c, -.. "':J. -'::, ,. :,,,"''',,-1.;>-:' ::- '. .,,_ _. ,.', ._' - _' . ",., - '. >.~ ~ - ", .~'- . ',:,\"""~"'''''''. .:,. ~"-.. 15:'" ,There shall, be no display of banners; sandwicMioards; A~frame signs, flags, bi:lIloons '" < ,,' . . oranytype oft~mporarxsigns ol\adyertisin.g./ " ;'<', ..... " " , , ,'.' -"~' :"'_" .:. '.,'".':;'_, _',:-:-::-.. " ,_ ,., ':'~' ,,';'~'~ ""/ '~'~.!;,':~"' . C',,:_ "',_ '..'., c- ", 16...:Th~prop~rty'6wnershaIlSUbmit'fdetaii~,d land!?caping _~M ;permarientirrlgatiori' 'C" " plan to, the ,Development 'Services" D~partment prior. to ,approval to se)I, alcoholic , ' . - - ,.' , ~ - . ." - ~ " . , 'C" . bev~rages..., ., . ,r; ",. ',' ,,," , c' :::' ,'. '. :,. '" ." ~r-' .~" .-, -~'~:~>"'~',':" .";,' :. <.,,-~:-,:.,_"-...__,,,, :-. ..,_~-",,,':~~<'<~-':(',~-~-~:":"'~'_ ,~:~,' .~__~'~:;:'~; ,-' r",:'i;~":;';~"~>> '\-'<~'-_\_::~'"'~'J"_~'-';', ^ ., " ';17.' ':" Vehicle access cllld parking:areas~shall 'be' permaliently, pa'ved,arid mafntairiedafalP ,: ,. ," times..Parkirig stallsshall'b~delineat~\vitti':9'X2m :stallsan:dpr()vide,6~rl1per...' ',' . . , . guards: . .,. . .", ", '. ... '.., ,. .. ,,' ,.,-. . , _.~' ,: ,; ,;.-!:~,:,;:~. ' _~ ~" ~'", r . ,,~ . _ ' '. __ ~ _' _.. u _, . . j'.,., ,~ ' ... .' is.', The.ptopert{ ownerS' shaW maintain apr6:a~ive . approach 'to :the:elimihatioriof' ..' . ,'graffitl.forinttie,structlJre,s, .fericesand.anY'a.ccessO~'buildin'96r\a 'daUy:basis..' .. " . '.,,", , ;-t., ,,- ~ ". " ':, " -'," , ',"';.. , ,-.' " !,c, ". . "" "'19 ' " .' 'The "property .shall be' mai'ritainedinCl'l1eafand.9rderIY'm~nneratalltinies.:' Ni{; . 6utsid~:st~~~9tof ~U~pl.!~~,or.ou~i~e, diS~I~y~~rll)~i;iihanqiS~iS perlJ1,i~ea. ....;'.'.. ',> .. -< ,., l',-,-. '" ~.. . ",' " ,;.',; ',',0" ",',f . ;,,_,. '" ,..- ~ ',~ : .. .' ....' "'. '" ',:' ,," "., ,,' 0,..,,_ ..':_ -"':'~__."~_,.,_"';';':'~_~'_',_~_--::' , ~I _..'.i' .:L ______.:..--._,~:..~,-'-~___~____,__~." , ._ ~...c..;., ~-"-"'- ,-' - . u',:, ",'. : ",' ~> ,'; .'.:' '. ~",. ,.;-~ , ~" '.:;, ,-;~_ i '. . ".. ." '. . .', '" .' ,~.': '-:. .,;,.' ~. . '" -, " ,'. , <, , .:" ~ '- ~~ ''- -' { -, ' "''<'. - .. ~ ' 1 ",",,'~UjiDIN~' A~~~A'FEri' ~IVISION' '.,' '" ,(,; , , ., ..,~, _, ""e' .,'~,''-~''~~:-',.".:_",. ., :'~,.'2:~; '. .,_,~-, '.20' All con;truGti~n ~hall:,rne~t--ocexceed, the)ninirTiu~ buildihg ~~ndards~ that are referenc,ed in the following 'cQdesr.'! ,,':' ,',' " , '~, 0" '," " , ':'," i. '. The Uniform'Building'tode"2004:editiohr' ",' , ,', , ,,' :', .' The Uniform Plumbing Code-2004 edition; " " ; . The UniformMechanicaICode~2004editi()n;, ,., ,. .:, .' Thetos Angeles County Fire Codec20M edition; , " .the National Electric Code~2004 edition; ",' ", :~-',:.., .~, ._"~',:::'<x,,; ~'." ,~c_ _,' "c',._-'.:--.::'-,r,._...\~_~..:"\'-'\:!'::;<,^S~<'::{'" ~. ,', ;." 'Allasameridedbythe California BliildingCode 2004.\ , . '. . "_ ~.-. . " '.'" , " J,' .~ ," , , , -', ,\:' . ,. -;, ,~J ,';;''-.---1 ,", ".~-' '" -r. , ,',:,,~.- ;\,', . '-'-; , ".,-' - '.',.'j ,',..<, , , ! i - ;~^ ',' '.'." '. -,,' " '" -'"'~, , '_' _ " "; '.W- .... '_ ~ .>, " . '. .', - _ . ,', .' In cases, where . the::pr()Vi~i6.ns:of:th~::calif<?rnia ~B~il~i~g::t;de;, thepty,of tY/1WOOdt' ',' , '.., ,JY1unicipaICode" or the plan~ or 'specifications An these. plans may conflict,Jhemore '" . " 'restrictive provisionshallgoliein: ,,: ',\ ' , , . ' . ' ., ',' '.~,;.::<,-:::-~ -t, .5.-'~,,~',.., '<, ,_ :.~. _' ,~ ,....c". .~. "',_.,,, ' "."1'" .~:' 'T'-'" . '"' 'D" " " '. ,,' PUBL~CWOR!<~,D~PARTfo1~~T, ."." " ",' .... ; :: ~ , :_ ' . " '",', " _:. ~ ",,'.,'_ .,' _'~' ,:l__" ':',;:,:J.,:'_," >::~-."__,,.r'l. , :.. "_ :_'" ,,,,,. _," ~-' .' lt~ Reconstruct da,magedsidewalk'along, Long Beach :Bo~leVardl Cherokee AVenue ' and' ,. :StateSt~e",.et~,',. 0 .", " , , "".::':,;;,' ;, ";;:;:-,.", .' ....,,' """" , ~ ,-' .,' '_' ','_:,' , . , '_, ~-'" ,'_-': _.",,;f~\ _- _,'~-;-~'~,_"" 'c .'~ ..<".,c.-,__,:' ,,_'<"'f>. '~__' ,_ ,'_ ',: . ",.' 22. Provide an'" instali tWO(2)si:~eei:~marbelitepoles,witti~Ughf'.fjxture,underground:, '; ." serVices and conduits on: Statestreet,ancI'CherokeeAvenue.: Exactlocations'sh'allbe . . -, ' ",",-', ' t . determined by the City;.";':....,.. ..,," . . , '. '~'.: " '~, ;.,',:""',' ~.~;,-<;:~+";:~.. "J..,. .,' "" . . - . , " -', ~ -,' -,' . ~ "','~ -~ . .' -' -- -- ' , "23. " . A 'p~rmitfro~, the'En9i;'e~rin9':bi';i.~i~~\1~;~qQffedfo~,ci'II:0ff~SiteiMpfoverhents: . I" " " ',' 2~. , ' T~iS devel;pmerit:i~ sU:bjeci'to:the>~[W:~;'~~~d:rd ~r~~'h:si~mJw:t~r,J'1itigaiiOn Pla~' :" ". , 'Ordinance(SUSMP)i ',', , :, ',',';' '" '::', ",~, .0':--\ ",",:' ,... '_.. .." ,":"':':',:,,' ::':~ :,~,"~'.,~"~'"...~:'<>,-,~_'./~-.o'-:-',""~" .,;';:_-"-~-.~';: ,~. ~:".. '__"~ ~,' .' .-":~':; "-"'~"_""'_ '_ ;' I' '~:,Purs.uant to SectiOnl~;,131,()ft:l')~'~jtY:~fLy~wobd'Mu~iSipal;;<:ode relating 'to:the ',.: ...., ,controlof pollutan~ carned by stormwaterrunoff, structura.land/or,treatmentcontrol. ., . ',' "best management. pjactices: (BMP~s) ;'Amaintenance agre~meritfor the; Standard .' ; ,.' Urban: StormwaterMitigatioh Piari'(SUSMPf'shall be sign€!9 by,the owner(s) and . ., s~bmittedto the Department,of Public Worl<sjEngineeringDiyision:; , ",,' : ,~, - ", -' ; .' < ':'1 ~e .I i ,:,:,-: '" :\'.. ,;c ~. . ,'" " 25: ." ." . . Ti'iisprOject m~y\e"S~bject'to~the,. GitY . bfLY!1WOOd'SConstrUCt\On andoemolitiop, . . Ordinance. ", Deterr)1ination shal!l5emade upon submittal of the ,project's:' cost . }',;': '.. estim~te.t6 .the .Departme,nt,of'Public Works;, ~lJi[ding'PE!rmitSandjor delllolltlon " ' l:>ermitSshall not be'issueduntildeveloperjprojeCt'Qwner.contactsthe Departmentof '.' . 'Public "'(arks.. f' .....;,. ;>,.",:: .;.',>:';'. <"c I;;: ....; ,'" '~,,:,:: ','~' -- ' - - ~ . ' ' ',~,'" --; e ': '..' . , .'," .; c ...... 1;' ., ~ '; - ,', )"-~~' . -"' - ' .~ ,~ . "./.,,- . ',. ~ , . ~" .'" '-">, ,,' -c: .",.; '";1' .,. .c _~_.~ . .... :-" '.'.' ' ":- ;- ,,,- ". ". ;.-, ~,~, ~ ,,'. ' .,~ c' \, I . , , ',or . ~~ ,-'0. , , ,..,. <"." r,"- " '- ~'~ '. .... ' " r ^' . ',' -.,. , ,~ ~ , .. :-- _'____._~ ::._._..~_----:. ~..;,,'-;'..-::". __'1 -...'..-, ;; , 0 __ ,. ~' ..-" , .' , "--_..,-~---,~---~""_.~---, .t' . ,_ . - , , '. >. . ,H___ __ . . ~'", ' , ' i l- ie I i i I '26. 27. - ",",' . f.' - -" ..' . -, . This project may be'subject to the City of Lynwood's Development Impact Fees, City ofLynwood R.esolution No. 2006.067..." '- ,. ,_. "'''. Additional Conditions: " ! a) . .b) .". . . ..- - , , Vacate Cherokee Avenue (Long Beach Boulevard to State Street). Construct SigeWalk, curb and gutter across Cherokee Avenue at Long Beach Boulevard and State Street and continue' imprcivemel'lts on both sides of APN 6207-009-031. - . Dedicate improvements to City (sidewalk,turband-gutter). . Relocate sitting -area from front.of take~out restaurant to rear and landscape' the front of take"out restaurant. ' .\ I ., c) 'd) ,_ LOS ANGELES COUNTY FIBEDEPARTMEJlLT . -. .. ,. . :~ I 28. The property shall comply with all code requirements and conditions set forth by the Los Angeles Cc;>unty Fire Department" Land Use'. Division, 5823 Rickenbacker' Road, Commerce, a 900~0-3027,(j23) 890-4243.' " 29. LOS ANGELEScOU~TY SH~IFFDEPARTM..EtiT,' ',' . ~-, - ," - . The property owner shall 5uomit an acceptable security plan that identifies not only existing -security provisions but security measures that would be implemented to address safety concerns associated with.Serving alcohol. - , , .. . . -,', - - ~ ,. ' .J"" . . . Section 3. A copy of Resolution 3169 and itsconditi6ns shall be delivered to the applicant. ' \- A ... .-. '. .~" . ;.. '>- . " .' ;.,-'.' .,-.:;' ~"" -,-. 6 l . : I ^. .. ,'<'.; . , ...., '. : -,: . APPROVED AND ADOPTED::thiS 12th day of June, 2007:'by membersofthe Planning Coimnission, voting as follows: "'e" . ! AYES: NOES: ABSENT: . ABSTAIN: .-... '.f . Grant Taylor, Director " . Development Services Department .' " Lourdes Castro-Ramirez,Vii:e Chair "Lynwood Planning Commission . '. ~ RonaldWilson, Agency Attorney . Planning Commission Counsel . ->~~ . .' .' ), .7. :c.'- . ~",. .. ;, .", .',' ' " ~"q , ';'_";,,,;"" ,",.; ',' , .. : ',; -"~ -. ;," '-, .._, '_,I " , .<~ ,'" " - ~" ':' " '-"l ' ~ ,~ -" 1....,-" > -' " .':" "', ",', " ~" '. : . '. . , ,,< . ~-, "~-" ,}.\/~,,,.",< ~, '. ' '- - ~- , ;" - '" . . :.<.' . ,", _ ,.~'.~ _~ ~,-"; - ':;'," ;:__.,_, ',>.,:' ":'.' _,,:~,:-,;o: "::4; _ . ~.' RESOllJTION'3170 :i~',.: ..' I ".' ,',' , " , "",' :;, ~~ - "'" ,,~ :'- ,-,"" ,,-;', : ~- "" - " ","' ".; -' (. , , ,-'.~ '-'" - . ,- - ',,-,,: '::'->' .'-','. "1,. ,',."" .', .....1 .....,. ] ". ,:1 , "'7' ',1 --! -,-' " .' ~, ,)^ . . .' ,. '.' , :-;^..-" ~ >"-, .~, ," '-f '-' j , ',,"j I <<{'J-', "'-', .' . --. ,,-~ , .,j .' , ',.' .-, , -, "~'_"'_" ' " .', . , '", ~'~:- ._:", ~-_': , A.":~" ' ~:',:'''.'. ,_ __'" f- , WHE~EAS, the .lynwobd Planning Commission conducted a continued: publiCi'" . . ',' - _' -< .. ,,"-', ,_ " , ',. ' -, _' , ~ -,'" _' . '.. C'_" ' I '_, - ,- . . 'i' .hearingorUuneJ2, 2007; afld .:. . .,' .,'... . . -: ." - -, "",..-:-' " -, " .~'''' .~ -- " , ~,-';" . -' '. -,"::' ~' ' .' "',, I '.' " . '. . WH~REAS/.the . LynWOOdPlanl'ling\,commis~ion.2ondJciea 'a"' c~~tinued PUb'IiC .<, ." "."hearingonMay~;i007andcontin(jedtheitem;and;.. ',,',;:":' ," ,;.. ,. ' '~: "',' ..._.-"0 _'co:, ,>..,;' _,',,'o:~,_'.,~-L---:'~_>,::~"~~'>-="'_-""-'_':;-;'",~,>."\_":~,~"'.__'::",,,-':":' -',"",~" _",,,,,_: ,<_" .',,'''' . ... ..': WI-iEREA$; .: the ,LynwoqdPlaijning,:~C6ml!li~Sidn: condllcted . a:.' continued" pubiic" hearingonAprillO;'2007and ~onti.nued,theitem;and' , ..' :.,J .._'" ' '~' :', ~..- , -: "~. ,~":_' _:' -' _ ~ "''''\'' ,/": ',',:.'.."", ';,' --\,~:~ ',' :" ~>:~:"~~. '~~'i"" ,::>: ,";" " ",_~~.:, '('. _ '>'_ :' ,'~_ .~ '-:, ,_-~ :,~ _ -;_" ~'> _-_.' ,..___ >. " ":,_, i '>" . ....:yv~E~EA5'~he. .Lyriwop~ ,Plai\ni~g,cOlTlmi~slonf pur:su~l1t' t~,I?w,;6n .Marcl) 13, . . .; "', . 2007. conducted a publiC hearJng.onVan~nceNo;,2007.~,02 andcontmu~d theltem;and: . ,::~,-' ':",,~,__,'_":"," _ ".._ :;-',~<"::, ,_ J,'-..-_:o. ':~-'" :.~<:,~:~>__":::'._,_~:-_~-,.;:~'~f;~^,,,,".'-',",:.:':_--~~'>'_:::<~-" '_,-:_ '_">, ,,' '_.-~ ;.,:: .- ,., ". .,...... WHEREAs;.ttie LynwooaPlanning'Comrriission'conSIderectall.oral and..wfitten' . '" · ...tEistimonyoffered atthe'pu~lic hearingi;arl~ '';..: .;:" '. ,: ':.',: '../ , ~,~. ", ,-,-,,:,_,,',', ..'.... ^';.,'_~', """ ...,' ,-'~ '.<":~ \''<.~',< :(~'\'~':"~-'." ,'. ", ,',,_~__ " c, <,^," ';'"" "'. ..:,:,WHEREAS,',the. Development,,~iVices' Depa"rtment, has :deterniii1ea .~hat the, , . pl"9posal is Cat~gorica[ly Exempt 'from the <?lifornia' Environmental Qualify Act (CEQA) , .pursuant to Section,,15301(a), therefore; , ' . '" , . ,,, . , ,,_,~,,","" ~,~,,,,,-:,,". .' :-':-"'~ ',~" :.- ;.',~,,"'~",: ',,"'-.""-\~"_i,,"?'-_:r',':c:~- <:"o_:,>_,/';"':."'~":~ .:-,":':>:---:' -: :-,' ',':"' Section l.":.Th~'p'I!;lhnirig Commi.ssiono(.the~btyof ~yn)No()d'~~reby fines: and "deterr11inesas follows:, '" ..," ~ . "" ..' ' " >, . ,f. - '" .- <. ,'-' ," " - :~' " . <" ';', , "..., ~"' ,<"':' " "-.~ '~ '. A. . ~ '_ . " . ,..' -, - ',' '--"" ';' ,-, '" ~: "c, -''-. --; - '-.: '._ ' , ;:, , , ,_~_ ., . ' The,l:e' a~ exceptio'nal' of "eXtraordh'ary;"ci~cumstaric~s,,': or" , . conditions, appliCable:to ,the, propertY, which do'.not,'apply ,: . generally to other,properties'inthe saineviCini~clndzone..: .. , ' , - "", - <"-, ~ -' " -'" - c.. - .,' - , " . ,,- - ,': ,-~ : ,,' , ", , ~ -" ~ , ~- ~~, "_ ":' ~ ~,-^,~: e' ,,', '<.c" 'f ," ,'" __ ~<"__~' i " " . " - '-"-<'"',--', - " ," --". , " -H:\WO,RD~Ji:IP.L:~N~IN~\RES~~~eso31~O,I,~3~Olb?:~SC05Paises-doC , ~" ." k . \,.c - '. t. ",' ',{,- . ;,(,,'-, 0'" ,',; ',/, ~;. -', . , ~, ' -" . ..,,' - ' ~ ,,-,.;. ":: ". '<-t' ,,_'_ Co" . ",- . ~~,' .'~ !/',"', . ,..' " - ,. "','- :. " ~, ':,' - . . ., . . . ".:'" ,,"::"~-, '_\ r.'- .' .' . '.', , " ~.;~ , "~ ",,', .,., ,-"'-( , ~ '.. , " ,~ , ",._,-',. ',," " '., ~:' '.'.,.-, ',",--,': , : ' , " '. ,. '''~ . ' ': ,'" ~ . ,-,", ,.,,; " ''-''''_: ,c, --" ...... ,; , , .~;' - ,J' i' .,: :,': ' '" ,-- ."' .)-~>:<'- ,::';'~'. ;"" ',,,"_, '''-';'>':''.:-}-''>,:;~,-: "",;t~.'~",~,__\", :",.<:-.- ;.><-.:r-- ->,'\_"~':"--; _", ;;.-:~,,->-,._"..,~:-~. '" ", .' ,'.' ..' ,,',,:'.' ";.,f~ci,~~~~~i~ir~~~~i:W~~i~j~~A~;~~i~~~~~~!i:~~~h~~o:r:'~~o~~a~~~~ ,,'\' '., >-:1 '. n , 100 feefto residE!nces and require a variance'.,' "" . ' , . ~ _ '" 0 ~, ~' '~ ,:" , . ',-".~ _ ,,",":, ,-'~ :~"" _ _ ,:<-{,~:.,' : : ;'-_~ _'~-,'/ ,-' .:':1,; '::'^ .-- _" _ ",,' " ','0:.. \- .' '", '8; '.' Theva~ial'!~:is,riefesSaryfo~,thepreServ~tionand 'er,joymentof .'. " . , substantiilll. property rig tits posse.S!!ed "yother properties hi . th~' . '. .'. i same',vidriityandzone b,lJf which,is,deni~' the.pro.,ei1:y.in.. .. . j '" . ., . . queStion,.. Other: alcohol. servirlgesi:a6lishments hi. the' City. haye)eeir" ..",) ..., .., '.:gra.nte~'con(:lition~luse pei-mit:capprovar.arid, by tJie:~tate Dep,irtment:,of ,: ,'" '.,' , '., .", '. ; AI?9h6!iCBeverage'~oritrOlwithin ,190feetQfreSidehtlar~rop~rties.' . ,....'o;L 1 " :'/,: .. ' .' '~",:- --;, C. <G..in\ing the~ vari.lnCeANiII ~otb~;,m~~~riaIlYdetrimental tOthe, ' . , .. 'piJblic::welfiueand injurious.tqprop~rtiesandi.I11Pro~eR1ents ,i.,the ,. .; ....: . " , vichlit:V;Conditi6I1S' set forth in Planning Commission Resolution 3169" wbiJidreducePotel1tial iii1pactson ,proPe'r1:jes~inthe' vicinity an9,'protectthe, ":. '. public,health; safetY~l'!djJene,raiwelfare< "'~';,: : 'co :. :.' :, .,' ...,' ','.,: . ',: 'd. :: 'Gr~~ti~g'thevjria~~';';'ili'be'~;~~i~tentwith' the'~~i:ritand,intent ..:' . / oftheZol"l.rig Code;. Restaurants are permitt&l uses"in cbmmercialzones.:',: ',' ,-. ,"-' '-" -' , ,,--,.' '- " , ", , - anc! alcoholic' Deveragelicensesare conditiopally p~rniitt~9, u~s. ':Th.e . :.;. . ,. ,~ppiii:atiori is' consi~tenb^'ittiprovisi~n5.jrf ~tie:Lynwood' -M,unicipal CO~e,tb . .', '.," .' , . include' Cti~pt~t 25;~5 (~ornrner~!aILdi~g-icts)/;c.tiapter??130 "(Conditi9nal." . UsePermits),-:'~h<;lpter?5.135<(Yariances. ~ Major.), ,and Appenpix A . (Regulation'.Of'tJsesby.:clhingD~strict).;. ....' . ,; " '.' . '" <.... " , ,. "E.. < The .v~ria~g! will;i1'~i~rant~peciarpriyn~ge ~~ file apPlicant:Oth~~ . .', .'propertiE;!sin the vii:i~itY:POS.sessji~eri~stos~lI'alc()boli( beverages'within . . .'100.feetorresidences.'>",.'" " ,: . ',' "'. ~ _/ ':' '.___>.-'.' .-, ~.~' ,. .'c ._....>'-.~~: /~.... :~.',.;'-.::>('.:-'..~,;:>~>_;., ,. :.'_' '~~: ,'-.,\ ''-<'''':''',,0.,<__.., ,,; ,', ~~. < F. ,......,The: vari~nce 'request~is'con'si~erit' withj:He.(;eri~raIPI.an'qtthe.. "City of. Lynwood.Granting thevarianceisc6i1siste~rwith:thecominercial . ,land . use designations " and ,the Land Use " and' . EconomitDevelopment .'. .... . < . ElementsQfthe.GenerarPI~h:,'::..:':; .,.:,-",:.:,>",,~,~,.:,,~ ." ..~ ,. .,'- - - ,.f. .-,' .. . Sectio~ 2/' The Planning Commissionontie 'City,of Lynwood hereby approves. '. Variance No. 2007702. . ... , '. ...... ", " ",';" " '., , ' . - ~;. ~., , , ' .. ;"" ., . " ",. " , .' . ,,-;,' ~, ","' ' ;., 'c", , ',' -' ,~' ' , ~,,""'~, ....' ;-; "',,' ~,' .:".' ~ ",;'- " ,"". ~, "- .' :t',,' ,_,_:, , , .," "'" '.' ,.'>.:. ""_.,,0' '$ " " ,. ,". .,' .'~. ?" . , " '''.' ,,- " -~. "'..'" ',.' .,,"', ,:!' ,', ' >;0 ~ ',,' , .~,~ - ,,' " - -'---~ :'" ' ,'" , . , ,.-,. '. ;, " -" ':. ' H\~~Ri>FILE\PLAi":~G,,",SOS"'~;li; :o3201bb'mori=,p~,';;d~;\,., >.f ;;~~:":' . ... , ,n'" ",'- .,> ' " '.' . . ~ " , ',:; . '~ 1 " ~ '. ~, . .' ~., ~ " ,',-'" 1'"~~' ,~". c:,' ,}>' ~--{: ,.'. '.,"-'. \ " ." , 0-;; 1,> " .; ~- ;' ,. ",' ,;-,::' ''''' .".' , ..~ ' I;' ." .' .. <"""l,,' " ---:'" " ., '. ",> " , ..' .'-~- ", ----';.' '. ,,(', ."" ; ~. . ." -,,', ",.j ',," , ,~+, ~ .V~ ~.. , ' ., ,,",,, , . ," ~;' ,'< ,. ",."; .,. ',' (. 'p-,," . ~ . . APPROV,ED AND 'AOO'PrEO'fhiS 12th. day bf ]iJ~e;2007,' by. ni~mbefS' o(the, [y~wood. Planning.cOmmi~Sion,votingasfonows: ,', ,.:." " ',>'f', -.:' .:' ..... ",,';',;, AYES: '.< ) . :'< 0'...." 'r'-' .', .' NOES:' ~" >"~, ,:j.' -"", " '..," ABSENT: ,'. " I I , , , ! ,-, ~ '. , -,~ -." ABSTAIN: \'" <). .. . . ,:.,", .' ,..e: .''- > ,.---,:, "~~,>-' , <..,~, ' ;,~ -- . . tourdesCastro-Rarnirez . Chair , '. J'- . "." _ ~., ,_ . . I~, .' . L:yn\\lood p,lan~Jn~JonimissiR!,f" . ~-- ~ . ':-., " I ~ ' 0';' ,"", . .' ", ". "." "..', ;~. '.'" >,:p', , :-~ ~'I '1 , .1 , ! .' ',I. .~ " '.. ~~ ~.: ,,;." " ,1 I ... "'" ~' ,;:' GrantTc!ylor, Dir:ect9r. . . ' .. Developmentservices' Department. . ";:,' ','.- .,' , -.,,:' ;'- " ,,- . Rona[dWilspn; 'Agency Attorney'.' :.:::picifirying CornmisSionCounsel: ,. -._", " , . r " ,~ . '.' , . ';'~'" " (~ ., , , 'i'. I' i; I I" , I I i l I r .,', 'j-, ',"\ ".'" . ' .'.> ~, .. .~ ,0, J '.1,' H:\WORDFli.E\PLANNING\RESOS\r"eso3170.IOi201bb,mariscospai~,doc' . <'1; ;:' 'c./ ,~ t '". -,-" ~ , . '.,: .. :,-i<. " '," ,. .:. . ~ ' " v,~ , ,~. ;", ," :". ", :' '''.,. .,,,. .'/