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HomeMy Public PortalAbout2007-06-12 PLANNING COMMISSION - item08 AGENDA ITEM # 8 CUP NO. 2007-05 VAR NO. 2007-03 ) 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:\ WORDFILE\PLANNING\ST AFFRPT\cup2007-05, var2007-02. 10J201bb,maris1spaisa.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:\ WORDFILE"PLANNING\ST AFFRPT\cup2007 -05,\'3r2007-02.1 OJ201bb.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\PI,ANN I NG\STAFFRPTlClIp2007-05, var2007-02.1 03201bb_maris'3spaisa.doc The restaurant operates daily until 8:00 pm or 9:00 p.m. and isa 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\PLANN1NGIST AFFRPT\cup2007-05, var2007-02.! OJ20Ibb.marislitspaisa.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:I WORDFJLE\PI.ANN I NG\STAFt'RP-ncup2007-05, var2007-02.1 O:l20lbb_maris'jspaisa_doc FINDINGS REQUIRED 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:\WORDFILE\PLANN1NGIST AFFRPT\cup2007-05, var20Q7-02. 103201bb,maris'6spaisa,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:\WORDFILElPLANNINGIST AFFRPT'"cup2007 -05,varl007-02. I03201bb,mariscvspaisa,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. Propertv 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. Existinq Land Uses Subject: North: South: East: West: Resta u ra nt Pet Hospital Cherokee Avenue then Restaurant State Street then Multiple-Family Residential Long Beach Boulevard then Commercial 4 Land Use Desiqnations General Plan Zoninq 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\PI.ANN I NG\STAFFRPTlCllp2007 -05, var2007-02.1 03201bb_mariscgspaisa.doc West: Commercial C-3 (Heavy Commercial) 5. Site Plan Review I The Site Plan Review Committee has reviewed this project and identified conditions set forth in Resolution 3169. 6. Zoning Enforcement History No open cases at this time. 7. Public Response A large number of residents spoke in opposition at the March 13, 2007 Planning Commission meeting. H:\ WORDFILE\PLANNING\ST AFFRPT\cup2007-05, var2007-02.1 03201bb.maris~paisa_doc -' lOCATION MAP =._~'--r--=. ___.__.. . -~-. ~I :~l~ /20 ',,1 \ \\.. <::.0:." .~. /0'->>" I;" I .:,. ~~: _.~~ .~ :.-- . ,.~ I._'='"' ,~ . MICHIGAN ~: g; ('I AVE. Cl l' N CHEROKEE tl \~.. " ".--/ [:' ~ i h " i! l~. 80 (j)r ~J l ! ~ ~ mNo. CONDITIONAL USE PERMIT 2007-05 & VARIANCE 2007-02 'e '~dress: 10320' LONG BEACH BOULEVARD ~l-'.....ant Name: MARISCOS EL PAISA ] 300' or ] 500' Radius Map Page I of I 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 Commander, Century Station (323) 568-4750 6/6/2007 MARISCOS -EL PAISA- 10320 LONG BEACH BLVD., LYNWOOD, CALIFORNIA 90262 TEL: (213) 563-1047 May 7, 2007 PI",,,,,,> (0 ...."....:ff:'''' -- .s,;r/D7. mO_ Planning Commission, City of Lynwood 11330 Bullis Rd Lynwood,CA 90262 Honorable Commissioners: In reviewing all of the conditions required by you on my appiication for a beer license at my restaurant located at 10320 Long Beach Blvd, I find thaT the cost toimplement 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.! 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-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. RESOLUTION 3169 (DENY) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD 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) ZONE, 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 DENIED AND ADOPTED this 12th day of June, 2007, by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: Lourdes Castro-Ramirez, Vice Chair Lynwood Planning Commission Grant Taylor, Director Development Services Department Ronald Wilson, Agency Attorney Planning Commission Counsel 1 -' RESOLUTION 3169 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD ADOPTING CERTAIN FINDINGS RELATED TO, AND APPROVING CONDITIONAL USE PERMIT NO. 2007-05, APPROVAL OF 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) ZONE, CITY OF LYNWOOD, 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 hearing; 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. The existing restaurant is consistent with the General Plan policies and goals set forth in the Land Use and Economic Development Elements. 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 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 would 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 the 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 and waiting area, provides thirteen (13) parking stalls, and 1,690 square feet or 13.67% of the property consists of landscaping. The property is adequate to accommodate the restaurant with a beer and wine license. D. That the proposed conditional use complies with all applicable development standards of the zoning district; and The restaurant satisfies development standards set forth in the Lynwood Municipal Code to include use, parking, landscaping, and setbacks, however, a variance is required to reduce the site distance to residential zones from 100 feet to 80 feet. E. That the proposed conditional use observes the spirit and intent of this Zoning Code. The restaurant is consistent with permitted uses and development standards set forth in the Lynwood Municipal Code. Section 2. The Lynwood Planning Commission hereby approves Conditional Use Permit No. 2007-05, subject to all conditions, restrictions and limitations set forth as follows: 2 CONDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT 1. The conditional use must be acted upon within one 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 the end of the valid period, at the discretion of the Development Services Department. 2. The project shall comply with all regulations and standards set forth in the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code and all other City Departments. 3. The project shall be developed in accordance with the plans approved by the Lynwood Planning Commission dated March 13, 2007 and on file in the Development service Department, Planning Division. 4. Any proposed subsequent modification of the subject site or structures thereon, shall be first reported to the Development Services Department, Planning Division, for review of said modifications. 5. The property owner/business owner shall sign a Statement of Acceptance stating that he/she has read, understands, and agrees to all conditions of this resolution prior to issuance of building permits. 6. Conditions of approval shall be printed on plans or attached to the plans prior to submission to the Building and Safety Division for plan check. PLANNING DIVISION 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 trespass and loitering prior to approval to sell alcoholic beverages. Gates shall be installed across both vehicle access areas and shall remain locked after business hours. Prior to fence installation the property owner shall submit plans and obtain a fence permit. 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 business facing Long Beach Boulevard or the parking lot area. 3 9. The Los Angeles County Sheriff Department shall be consulted for recommendations regarding any additional security measures to be provided for adequate protection of patrons, employees and nearby residents. 10. The applicant shall submit a detailed plan identifying security features to include but not be limited to a survelliance system, installations of locks and alarms, and security lighting. 11. The property owner shall not allow alcoholic beverages to be brought onto the site. Only beer and wine provided by the restaurant shall be permitted. No alcoholic beverages shall be consumed outside the approved restaurant area, or on any property adjacent to the licensed premises under the control of the licensee. 12. The property owner shall not allow loitering on the premises. A prominent sign shall be posted on the restaurant and in the parking lot areas prohibiting loitering. 13. There shall be no exterior advertising of any kind or type promoting or indicating the availability of alcoholic beverages. 14. The property owner shall submit plans and obtain permits for any signs, murals or banners prior to installation. Unauthorized painted walls signs shall be removed or painted over. Murals require submittal for Planning Commission approval. Unauthorized signs shall be remedied prior to approval to sell alcoholic beverages. 15. There shall be no display of banners, sandwich boards, A-frame signs, flags, balloons or any type of temporary signs or advertising. 16. The property owner shall submit a detailed landscaping and permanent irrigation plan to the Development Services Department prior to approval to sell alcoholic beverages. 17. Vehicle access and parking areas shall be permanently paved and maintained at all times. Parking stalls shall be delineated with 9' X 20' stalls and provide bumper guards. 18. The property owners shall maintain a pro-active approach to the elimination of graffiti form the structures, fences and any accessory building on a daily basis. 19. The property shall be maintained in a neat and orderly manner at all times. No outside storage of supplies or outside display of merchandise is permitted. 4 BUILDING AND SAFETY DIVISION 20. All construction shall meet or exceed the minimum building standards that are referenced in the following codes: . The Uniform Building Code-2004 edition; . The Uniform Plumbing Code-2004 edition; . The Uniform Mechanical Code-2004 edition; . The Los Angeles County Fire Code-2004 edition; . The National Electric Code-2004 edition; All as amended by the California Building Code 2004. In cases where the provisions of the California Building Code, the City of Lynwood Municipal Code, or the plans or specifications in these plans may conflict, the more restrictive provision shall govern. PUBLIC WORKS DEPARTMENT 21. Reconstruct damaged sidewalk along Long Beach Boulevard, Cherokee Avenue and State Street. 22. Provide and install two (2) street marbelite poles with light fixture, underground services and conduits on State Street and Cherokee Avenue. Exact locations shall be determined by the City. 23. A permit from the Engineering Division is required for all off-site improvements. 24. This development is subject to the City's Standard Urban Stormwater Mitigation Plan Ordinance (SUSMP). Pursuant to Section 14.13 of the City of Lynwood Municipal Code relating to the control of pollutants carried by stormwater runoff, structural and/or treatment control best management practices (BMP's); A maintenance agreement for the Standard Urban 5tormwater Mitigation Plan (5U5MP) shall be signed by the owner(s) and submitted to the Department of Public Works/Engineering Division. 25. This project may be subject to the City of Lynwood's Construction and Demolition Ordinance. Determination shall be made upon submittal of the project's cost estimate to the Department of Public Works. Building permits and/or demolition permits shall not be issued until developer/project owner contacts the Department of Public Works. 5 26. This project may be subject to the City of Lynwood's Development Impact Fees, City of Lynwood Resolution No. 2006.067. 27. Additional Conditions: a) Vacate Cherokee Avenue (Long Beach Boulevard to State Street). b) Construct sidewalk, curb and gutter across Cherokee Avenue at Long Beach Boulevard and State Street and continue improvements on both sides of APN 6207-009-031. c) Dedicate improvements to City (sidewalk, curb and gutter). d) Relocate sitting area from front of take-out restaurant to rear and landscape the front of take-out restaurant. LOS ANGELES COUNTY FIRE DEPARTMENT 28. The property shall comply with all code requirements and conditions set forth by the Los Angeles County Fire Department, Land Use Division, 5823 Rickenbacker Road, Commerce, CA 90040-3027, (323) 890-4243. LOS ANGELES COUNTY SHERIFF DEPARTMENT 29. The property owner shall submit 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. Section 3. A copy of Resolution 3169 and its conditions shall be delivered to the applicant. 6 APPROVED AND ADOPTED this 12th day of June, 2007, by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: Lourdes Castro-Ramirez, Vice Chair Lynwood Planning Commission Grant Taylor, Director Development Services Department Ronald Wilson, Agency Attorney Planning Commission Counsel 7 RESOLUTION 3170 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD ADOPTING CERTAIN FINDINGS RELATED TO, AND APPROVING VARIANCE NO. 2007-02, TO REDUCE REQUIRED DISTANCE FROM AN ALCOHOL SERVING ESTABLISHMENT FROM 100 FEET TO 80 FEET FOR PROPERTY LOCATED AT 10320 LONG BEACH BOULEVARD IN THE C-3 (HEAVY COMMERCIAL) ZONE, FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBER 6207-009-029, 030 & 036, 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 Variance No. 2007-02 and continued the item; and WHEREAS, the Lynwood Planning Commission considered all oral and written testimony offered at the public hearing; and WHEREAS, the Development Services Department has determined that the proposal is Categorically Exempt from the California Environmental Qualify Act (CEQA) pursuant to Section 15301(a), therefore; Section 1. The Planning Commission of the City of Lynwood hereby finds and determines as follows: A. 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. H:\WORDFILEIPLA:'\:\I:\G\RESOSlreso3170.10320lbb.mariscospaisesdoc 1 Commercial corridors within the City of Lynwood are narrow and adjacent to commercial zones. All alcohol serving establishments are closer than 100 feet to residences and require a variance. B. The 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 alcohol serving establishments in the City have been granted conditional use permit approval and by the State Department of Alcoholic Beverage Control within 100 feet of residential properties. C. Granting the variance will not be materially detrimental to the public welfare and injurious to properties and improvements in the vicinity. Conditions set forth in Planning Commission Resolution 3169 would reduce potential impacts on properties in the vicinity and protect the public health, safety and general welfare. D. Granting the variance will be consistent with the spirit and intent of the Zoning Code. Restaurants are permitted uses in commercial zones and alcoholic beverage licenses are conditionally permitted uses. The application is consistent with provisions in the Lynwood Municipal Code to include Chapter 25.25 (commercial districts), Chapter 25.130 (Conditional Use Permits), Chapter 25.135 (Variances - Major), and AppendiX A (Regulation of Uses by Zoning District). E. The variance will not grant special privilege to the applicant. Other properties in the vicinity possess licenses to sell alcoholic beverages within 100 feet or residences. F. The variance request is consistent with the General Plan of the City of Lynwood. Granting the variance is consistent with the commercial land use designations and the Land Use and Economic Development Elements of the General Plan. Section 2. The Planning Commission of the City of Lynwood hereby approves Variance No. 2007-02. H:\WORDFlLE\PLA~:\l:-.JG\RESOS\reso~ J 70.] 0320lbb,mariscospaisesdoc 2 APPROVED AND ADOPTED this 12th day of June, 2007, by members of the Lynwood Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: Lourdes Castro-Ramirez, Chair Lynwood Planning Commission Grant Taylor, Director Development Services Department Ronald Wilson, Agency Attorney Planning Commission Counsel H:\WORDFILE\PL,.\;-":;\:[:\GIRESOSlreso3170 I03:?Olbb mariscospaises doc 3 -L/' ~ 8l'ai$a MARISCOS EL PAISA Inc. SECURITY PLAN May 21,2007 Mariscos El Paisa inc. . 10320 Long Beach Blvd. Lynwood, Ca. 90262 . (323) 566-9977 ~ q>alsa TABLE OF CONTENT Title Page Table of content Letter to Reader Security Plan Main Information Existing Security features: . Surveillance - written description and map . Surveillance - pictures of cameras. . Surveillance - pictures from cameras Existing Security features: . Parking Perimeter - written description and map . . Parking Perimeter - Hedge and Chain pictures . Parking Perimeter - Hedge and Chain pictures . Parking Perimeter - Lighting description . . Parking Perimeter - Lighting pictures Existing Security features: . Building Perimeter - Lighting description. . Building Perimeter - Lighting pictures . Building Perimeter - Gate description . Building Perimeter - Gate pictures Existing Security features: . Building Security - Alarm description Proposed Security features: . Building Security . . Building Perimeter. . Building Signs Appendix I Appendix II Appendix III Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 7 Page 8 Page 9 Page 9 Page 10 Page 10 Page 10 Page 11 Page 11 Page 11 Page 12-16 Page 17 Conditions of Approval from the City Add on to the Conditions as of May 15,2007 Appendix II Mariscos El Paisa inc. . 10320 Long Beach Blvd. Lynwood, Ca. 90262 . (323) 566-9977 -...-.... ~ lii'AisA Manuel Simental May 21,2007 In response to number (9) in the Conditions of Approval from the Development Services Department, for the sales of Beer and wine in Mariscos El Paisa Inc., the President Manuel Simental has agreed and set forth this Security Evaluation. The condition of approval number (9) "The Los Angeles County Sheriff Department shall be consulted for recommendations regarding any additional security measures to be provided for adequate protection of patrons, employees and nearby residents" is the basis of this document but it will also answer and describe other conditions of approval. Appendix III Mariscos El Paisa inc. . 10320 Long Beach Blvd. Lynwood, Ca. 90262 . (323) 566-9977 ~ qJai$a Date: May 24, 2007 Subject: Mariscos EI Paisa inc. security plan 10320 Long beach Blvd. Lynwood Ca. 90262 APN 6207-009-029, 30&36 Owner: Phone #: Manuel Simental 323-566-9977 Existing Location Map: The location of the property is East of Long Beach Blvd., West of Sate St., and North of Cherokee Ave. in the City of Lynwood, California 90262. {330 56' 28.07" N - 118012' 52.45" W}from "Google Earth". '. ,.1 ~l I " ~j ;Y.;4: ~ '< ..; _._.___'" _-.I , STATE ST. L_...___ III ," 'I I: -;;..;' 1: '" " !i, l~ ; H , '.":,. 'j, +-2 '. " " " ~i f!. '___~_ LOCATION MAP N.T.S. 1 Mariscos El Paisa inc. . 10320 Long Beach Blvd. Lynwood, Ca. 90262 . (323) 566-9977 -:.. .. ..~... .. ~ qJalsa Existing Security Features: Surveillance: The property owner has total of (6) exterior video cameras: (3) facing into the main sitting area (1) facing the front parking lot (1) the rear area of the building (1) facing south on the hallway upstairs Video camera view description: (HH) On the North West comer (Long Beach Blvd. side) of the sitting area facing South East (II) On the West wall (Long Beach Blvd. side) of the sitting area facing East (JJ) On the outer South wall (Cherokee Side) facing the Parking Lot. (KK) On the South East comer (State St. Side) facing North West sitting area. (LL) Upstairs on the North East side (State St. side) facing South on the Hallway. (MM) On the outer North wall (Sequoia Ave. side) facing the Parking Lot. ... I (110.91.') <'< II: , F , ,.., , !~ ~ , , ~ , 'i1 ~ ,., -" :~ ~ l.~ ~ q \JI ~ I~ ,~ ~ ::! q V ~ 15 ~ ,~ \l> Y ~ , C) '- , N~ , ~ , , , -;.....---D----~ a , , , , !'; , , ~ W , , , ~ '" ~ ;;; ~ I : .. '" '" .. .J FLOOR PLAN wi VIDEO CAMERAS NT-S. 2 . Mariscos EI Paisa inc. . 10320 Long Beach Blvd. Lynwood, Ca. 90262 . (323) 566-9977 ~ 87'alsa Existing Security Features: Surveillance: Views of Cameras. I Iffi II JJ KK LL MM 3 Mariscos EI Paisa inc. . 10320 Long Beach Blvd. Lynwood, Ca. 90262 . (323) 566-9977 ~ lij)alsa Existing Security Features: Surveillance: Views from Cameras ~.,.. N'f. ..... .,' ''''''. , 'I. . . 1 ['i.\,< ; , ~~. i:J~." \t'1'" ""l l., , i.''', '. 1M! Jf I' "- ,- ~T' " " ~.~ ~ ~t:f,\l\ "" ..,.~W~' JJ KK LL MM 4 Mariscos El Paisa inc, . 10320 Long Beach Blvd, Lynwood, Ca. 90262 . (323) 566-9977 & ~I'Al$A Existing Security Features: Parking perimeter Hedge and Chain Description: The property owner has 3' high perimeter hedge all around the parking lot excluding driveways. As a mean to prevent loitering over night, the property owner currently has metal posts with which he encloses the driveways after hours by stretching a 2" in diameter metal chain with master lock. [as seen on (AA),(BB),(EE), (GG) in the following pages.] .. II .. ('!O{J(J) " . UJ5TIN57J.ID5rOO pp I u tp , ~I 'w I " ~ ul i I Ii 0) I' 0) 0) 0) :::~-~:::::,..---~ " " ,f{;. teJ.(]' 2!-(J' , f1J5f!N':jIffI1MPk" r~. Ili I , 01 0) " '" >I "'.f:<irrK>tr.J!it: ' ~ zQl ,... tNJ" , , 9 , , , , ~oJ!9,"A 11(j~- \O'J1f)}f1- - )?"" ~ ~ ~ ~ PARKING wi PICTURE POINTS N.T.S. 5 ",.u ts lJ ........-' ~ ~ ~ ~ "". I , i , ~I gi lei 0' I <I" ------ ~ Mariscos El Paisa inc. . 10320 Long Beach Blvd. Lynwood, Ca. 90262 . (323) 566-9977 ~ ilj)alsa Existing Security Features: Pa!:~J?~perimeter Hedge and Cha~~~.~_. ~''''-~~&?;.l;':.iti)'': ,"<.2;:~';f1,(?;t:#;ifi~k,- AA BB CC DD EE FF 6 Mariscos El Paisa inc. . 10320 Long Beach Blvd. Lynwood, Ca. 90262 . (323) 566-9977 ~ q>alsa Existing Security Features: Parking peri!l1~t:r Hedge and Chain: ;,/f\{'"i1i~'~''''''''' GG AA at (8:30 pm) everyday. Existing Security Features: Parking perimeter Lighting Description: The property owner has three (3) existing street light poles on the property (1) on the South West Comer (Long Beach Blvd. side) pictured on (NN) (1) on the South East Comer (Sate St. side) pictured on (MM) (1) on the North West Comer (Long Beach Blvd. side)pictures on (00) 7 . Mariscos El Paisa inc. . 10320 Long Beach Blvd. Lynwood, Ca. 90262. (323) 566-9977 ~ 8i'ai$a Existing Security Features: Parkin erimeter Lightin (NN) at night (00) at night 8 . Mariscos El Paisa inc. . 10320 Long Beach Blvd. Lynwood, Ca. 90262 . (323) 566-9977 ~ qJalsa Existing Security Features: Building Lighting Description: Also existing are three (3) building attached 400 watt (Type T or Type R) lamps. (2) on the South face, front of building (Cherokee Ave. side.) (I) on the North East comer of the building (Sequoia Ave. side.) (PP) (QQ) (RR) 9 Mariscos EI Paisa inc. . 10320 Long Beach Blvd. Lynwood, Ca. 90262 . (323) 566-9977 ~ lii'al$a Existing Security Features: Building perimeter gates description: '" , Steel folding security gates are installed on all openings facing South (State St.) and facing West (Long Beach side). The gates are closed and locked \tfter working hours. Building perimeter gate picture - at night. Existing Security features: Building Security Alarm description: The alarm system currently installed is capable of reporting emergencies and unauthorized property breach to the authorities. The alarm system is interconnected with all the major emergency support agencies. The alarm system also has motion sensors located in different areas of the building, it is hard wired to the electricity and has a battery back-up. 10 Mariscos EI Paisa inc. . 10320 Long Beach Blvd. Lynwood, Ca. 90262 . (323) 566-9977 ~ qJaisa Proposed Security features: Building Security: The Planning Commission suggested to the property owner to hire a security guard. The property owner has revised the suggestion and is proposing two (2) security guards on the peek hours of operation, these being mostly during the weekend from Four (4pm) till closing. The security shall require the patrons to enter from the front of the business facing Long Beach Blvd. or the Parking lot areas. Building Perimeter: The Property Owner shall finish enclosing the parking lot with a Hedge no less than 3 feet and keep the parking lot enclosed. Building Sings: The property owner shall not allow loitering on the premises. A prominent sign shall be posted on the restaurant and in the parking lot areas prohibiting loitering. Building sign picture: NO LOITERING 11 Mariscos El Paisa inc. . 10320 Long Beach Blvd. Lynwood, Ca. 90262. (323) 566-9977 ~ lLj)aisa RE: RE: Conditional Use Permit No. 2007-05 & Variance No. 2007-02; Mariscos EI Paisa Restaurant, 10320 Long Beach Boulevard, Lynwood. CONDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT 1. The conditional use must be acted upon within one 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 the end of the valid period, as the discretion of the Development Services Department. 2. The project shall comply with all regulations and standards set forth in the Lynwood Municipal Code, the California Building Code! the Los Angeles County Fire Code and all other City Departments. 3. The project shall be developed in accordance with the plans approved by the Lynwood Planning Commission dated March 13! 2007 and on file in the Development service Department, Planning Division. 4. Any proposed subsequent modification of the subject site or structures thereon! shall be first reported to the Development Services Department, Planning Division, for review of said modifications. 5. The property owner!business owner shall sign a Statement of Acceptance stating that he!she has read, understands! and agrees to all conditions of this resolution prior to issuance of building permits. 6. Conditions of approval shall be printed on plans or attached to the plans prior to submission to the Building and Safety Division for plan check. 12 Mariscos El Paisa inc. . 10320 Long Beach Blvd. Lynwood, Ca. 90262 . (323) 566-9977 ~ qJalsa PLANNING DIVISION 7. The property ovmer shall install and maintain a decorative wrought iron fence not loss than six foot (6') in height around the perimetor of the parking lot area to discourage tresl'lass and loitering prior to approval to sell aleoholic boverages. Gates shall be installed across both 'lehicle aeeess aroas and shall romain locked after businoss hours. Prior to fence installation the I'lroporty owner shall sl,Jemit plans and obtain a fonce permit. Substitution: The property owner shall maintain a decorative hedge around the perimeter of the parking lot area and have a security guard and signs to discourage trespass and loitering prior to approval to sell alcoholic beverages. Vehicle access areas are to be chained up after working hours to deter any gathering. 8. The property owner shalll'lrovide a minimum of one (1) security guar-d during all business nours. The security guard shall reEll,Jiro patrons to enter from tne front of the business facing Long Beaen Boulev-ard or tho parking lot aroa. Substitution: The property owner will provide a (2) security guards during the peek hours which are during the weekend from 4pm till closing. The security guard shall require patrons to enter from the front of the business facing Long Beach Boulevard or the parking lot areas. 9. The Los Angeles County Sheriff Department shall be consulted for recommendations regarding any additional security measures to be provided for adequate protection of patrons, employees and nearby residents. 10. The applicant shall submit a detailed plan identifying security features to include but not be limited to a surveillance system, installations of locks and alarms, and security lighting. 11. The property owner shall not allow alcoholic beverages to be brought onto the site. Only beer and wine provided by the restaurant shad be permitted. No alcoholic beverages shall be consumed outside the approved restaurant area, or on any property adjacent to the licensed premises under the control of the licensee. 12. The property owner shall not allow loitering on the premises. A prominent sign shall be posted on the restaurant and in the parking lot areas prohibiting loitering. 13 Mariscos El Paisa inc. . 10320 Long Beach Blvd. Lynwood, Ca. 90262 . (323) 566-9977 ~ 8i'aisa 13. There shall be no exterior advertising of any kind or type promoting or indicating the availability of alcoholic beverages. 14. The property owner shall submit plans and obtain permits for any signs, murals or banners prior to installation. Unauthorized painted walls signs shall be removed or painted over. Murals require submittal for Planning Commission approval. Unauthorized signs shall be remedied prior to approval to sell alcoholic beverages. 15. There shall be no display of banners, sandwich boards, A-frame signs, flags, balloons or any type of temporary signs or advertising. 16. The property owner shall submit a detailed landscaping and permanent irrigation plan to the Development Services Department prior to approval to sell alcoholic beverages. 17. Vehicle access and parking' areas shall be permanently paved and maintained at all times. Parking stalls shall be delineated with 9' X 20' stalls and provide bumper guards. 18. The property owners shall maintain a pro-active approach to the elimination of graffiti form the structures, fences and any accessory building on a daily basis. 19. The property shall be maintained in a neat and orderly manner at all times. No outside storage of supplies or outside display of merchandise is permitted. BUILDING AND SAFETY DIVISION 20. All construction shall meet or exceed the minimum building standards that are referenced in the following codes: . The Uniform Building Code-2004 edition; . The Uniform Plumbing Code-2004 edition; . The Uniform Mechanical Code-2004 edition; . The Los Angeles County Fire Code-2004 edition; . The National Electric Code-2004 edition; All as amended by the California Building Code 2004. In cases where the provisions of the California Building Code, the City of Lynwood Municipal Code, or the plans or specifications in these plans may conflicU the more restrictive provision shall govern. 14 Mariscos El Paisa inc. . 10320 Long Beach Blvd. Lynwood, Ca. 90262 . (323) 566-9977 ~ qJaisa PUBLIC WORKS DEPARTMENT 21. Reconstruct damaged sidewalk along Long Boaoh Boulevard, Chor-okoo /'....enue and State Stroot. Substitution: The project owner will feasibly reconstruct damaged sidewalk along Long Beach Boulevard, Cherokee Avenue and State Street Substantiation: a. The Property Owner recognizes that the sidewalk along Long Beach Boulevard, Cherokee Avenue and State Street are some what in disrepair but reminds the public works department that just 3 months ago the Long Beach Blvd. corridor was being refitted with sewer pipes in which case some of the damage to the side walk was done by them. b. The property owner also reminds the public works office that the total reparation will justify a maximum of 5% of total project cost. Having this in mind 5% equivocates to: 1. Taking in to consideration that the majority of the property owners clientele are families and people that take food to go. The property owners are calculating a sale of 1,500 units of alcohol per month, times 12 month in a year, this is equal to approx. 18,000 units. Units being each beer and at a sale price of $2.50 the total gross revenue that the property owners is assumed to receive is approx. $45,000 dollars a year. Although good for the economy and taxes for the city, it is not substantial enough to conceive the reconstruction of the sidewalk on every street. 2. Recap: 18,000 units a year at $2.50 = $45,000 x.05 5% of the total cost $2,250 22. Provide and install two (2) street marbelite poles with light fixture, underground services and conduits on State Street and Cherokee Avenue. Exact locations shall be determined by the City. Addendum The project owner is willing to cooperate with the cities concerns but is restricted monetarily. He is willing to provide the 5% of the total project cost as per the agreed upon percentage in the meeting this past May 8, 2007 for all of the publiC works demands. 15 Mariscos El Paisa inc. . 10320 Long Beach Blvd. Lynwood, Ca. 90262 . (323) 566-9977 ~ qJal$a LOS ANGELES COUNTY FIRE DEPARTMENT 23. The property shall comply with all code requirements and conditions set forth by the Los Angeles County Fire Department, Land Use Division, 5823 Rickenbacker Road, Commerce, CA 90040-3027, (323) 890-4243. Section 3. A copy of Resolution 3169 and its conditions shall be delivered to the applicant. 16 Mariscos El Paisa inc. . 10320 Long Beach Blvd. Lynwood, Ca. 90262 . (323) 566-9977 ~ 8i'Ai$A Add on to the Conditions of Approval: As ofMav 15 2007 The Lynwood Public Works Department has again reviewed the application and conditions in Resolution 3169. The Public Works Department upholds their original conditions and requests additional conditions be considered to include: ~ .'\ Ilermit from the EAgiAeeAAg Oi...isioA is r-eqllired for all off site imllr-9VemeAts. Substitution Not necessary if #26 is removed. 24. This de'/elollmeAt is sllllject to the City's StaAdard UrllaA Storm'Hater MitigatioA Pia A OrdiAaAce (SUSMP). (Le. do Aet wash deterlleAts into City storm dr-aiAs). Substitution Not necessary if #26 is removed. 25. This Ilroject may lie sllllject to the City of lym'JGod's Constr.IJctioA and DemolitioR OrdinanGEl. DeteR'Aination shall be made Illlen tllllmittal of tf:le project's Gott estimate to the Plllllic Works Dellartment. BllildiAg Ilermits eRd!or demolitioR lleR'Aits shall net lie iSSlleG Ilntil develollerf.llroject owner S9Atract the PIlIlIiG '}\.'orks Department. Substitution Not necessary if #26 is removed. 26. Imllro>.<ements to the tlianglllar Ilr-9llerty llollRded Ily leng Beach BOlllevard, State Street and Cher-9kee .^.'1enlle iRclllde: a) V-asate Cherokee A-v-enlle (loAg Beach BOlllevard to State Street). II) Constrllct sideo....alk, clllb and gutter across Cherokee JI....enlle at long Beach Boulevard and State Street and Gontinlle imllro>/ements on beth sides of APN 6207 001l OJ1. c) Dedicate imllro>.'emeAts to City (side.....alk, cllm and glitter). d) Relocated sittiAg ar-ea from fro At of take Ollt restelll'ant to rear aAd laAdscalle the frOAt of take ollt restallr-ant. Substitution The triangular property bounded by Long Beach Blvd., State Street and Cherokee Avenue with APN 6207-099-031 is not part of the application in accordance with the plans approved by the Lynwood Planning Commission dated March 13, 2007 and on file in the Development service department, Planning Division. as per #3 in the Conditions of Approval, and should not be taken into consideration for the Approval. #26 should be removed. roperty owner/project owner have read, understand and agree to conditions of prior 0 issuance of building permits. Date 17 Mariscos El Paisa inc. . 10320 Long Beach Blvd. Lynwood, Ca. 90262. (323) 566-9977