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HomeMy Public PortalAbout2006-047 (04-04-06)RESOLUTION NO. ~nnfi_na~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING APPEAL NO. 2006-01 (CONDITIONAL USE PERMIT NO. 2005- 35) TO UPGRADE AN EXISTING LICENSE TO SELL ALCOHOLIC BEVERAGES FROM OFF- SALE BEER AND WINE (TYPE 20) TO OFF-SALE GENERAL (TYPE 21) IN CONJUNCTION WITH THE EXISTING MARKET (VILLA CLARA), LOCATED AT 10236 LONG BEACH BOULEVARD (APN 6191-005-023) IN THE C-3 (COMMERCIAL) ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, on April 4, 2006 the Lynwood City Council conducted a duly noticed public hearing pursuant to law on Appeal No. 2006-01, an appeal of the Lynwood Planning Commission denial of Conditional Use Permit No. 2005-35; and WHEREAS, the Lynwood Planning Commission, conducted a continued public hearing on February 14, 2005 and denied Conditional Use Permit No. 2005-35; and ~ WHEREAS, the Lynwood Planning Commission conducted a duly noticed public t ~ hearing on January 10, 2006 and continued the item; and WHEREAS, the Lynwood City Council has 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 for the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301(e)(1). Section 1. The City Council of the City of Lynwood 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 is commercial and markets are a permitted use in all commercial zones. 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 market is adjacent to residences to the rear (east). A solid r, block wall and parking lot separates the market from the residences and appropriate conditions of approval are included to mitigate potential impacts to insignificant levels. C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. The property is existing and the building and parking areas would not be altered but would be improved aesthetically. t, D. That the proposed conditional use complies with all applicable development standards of the zoning district. The property complied with all zoning standards at the time of construction. E. That the proposed conditional use observes the spirit and intent of this zoning code. The market is a permitted use and no structural alterations Il~.~ are proposed. The applicant proposes to upgrade and improve the structure and also provide distilled spirits in addition to beer and wine. Section 2. The City Council of the City of Lynwood, based upon the aforementioned findings and determinations, hereby approves Appeal No. 2006-01, thereby overturning the decision of the Lynwood Planning Commisison to deny Conditional Use Permit No. 2005-35, allowing upgrade of the existing market alcohol license from sales of beer and wine for off-site consumption (Type 20) to off-site general (Type 21) provided that all of the following conditions are implemented and complied with at all times. CONDITIONS OF APPROVAL DEVELOPMENT SERVICES DEPARTMENT 1. The business establishment shall comply with all applicable regulations of the Lynwood Municipal Code, the California Building Code, the Health and Safety Code, Los Angeles County Fire Code and the State Soard of Alcoholic Beverage Control. 2 Any proposed subsequent modification of the subject site or structures thereon ~ f shall be first reported to the Development Services Department, Planning LJ Division, for review. 3. The applicant and/or his representative shall sign a Statement of Acceptance stating that he/she has read, understands, and agrees to all conditions of this resolution prior to issuance of any building permits. 4. The Conditional Use Permit is valid for a period of one year (1) year from date of approval. The applicant must obtain all approvals and permits show substantial compliance with all conditions prior to the expiration date or such approval shall become null and void. 5. One (1) extention of one year (1) year may be granted by the Planning Commission, provided such extension is requested in writing prior to the expiration date. PLANNING DIVISION 6. The applicant shall submit, implement and maintain a detailed exterior lighting plan for the parking lot area and the exterior of the business. 7. All parking and traffic circulation areas shall be slurry sealed, delineated and maintained in good condition. Such vehicle parking and access areas shall remain clear and accessible for vehicle use at all times. 8. The parking areas, market and recycling facility shall be maintained in a neat, clean and sanitary condition at all times. Rubbish, trash, debris and outside storage shall not be permitted at any time. 2 9 The structures shall be painted neutral of earth tone colors. Trim and architectural features may consist of brighter colors. The applicant shall submit color samples prior to painting to be approved by the Development Services Department, Planning Division prior. i 10. The applicant shall install and maintain alarm and security cameras consistent with the approved plans in the Development Services Department, Planning Division. 11. The applicant shall submit a comprehensive sign plan to be reviewed and approved prior to installation and the issuance of . Such sign plans shall include individual channels letters for permanent wall signs. 12. Their shall be no adult entertainment materials pursuant to Lynwood Municipal Code Chapter 25.85. 13. Other than cigarettes or cigars, the market shall not sell any smoking accessories to include but not be limited to rolling papers, pipes, water pipes.. stones, clips, etc.) 14 All conditions of approval shall be printed on the cover page of plans and submitted to the Development Services Department. The applicant shall obtain all necessary building permits from the Building and Safety Division for plan check. 15. A trash enclosure shall be provided and surrounded on three (3) sides by a solid masonry, brick or concrete walls a minimum of five feet (5') in height and shall be enclosed with a solid sight-obscuring gate of the same height. 16. No signs advertising alcohol shall be installed on the building exterior or in building windows. 17. The applicant shall not permit consumption of alcoholic beverages on site and shall not permit loitering. Signs prohibint loitering shall be posted. 18. Temporary window signs may be permitted but shall not exceed twenty-five percent (25%) of glass area and shall not consist of advertising for alcohol, tobacco or adult materials. No banners, a-frame or sandwich board signs are permitted at any time. 19. The market owner and employees shall not sell single cans of beer. Beer shall be sold in minimum quantities of six packs. 20 The market owner and employees shall not sell miniature bottles of distilled spirits. The minimum distilled spirit size shall be one (1) pint. 21. The market shall remain a full service market and not be converted to a liquor (~ storage where the sale of alcoholic beverages is the primary revenue. 22. Store hours of operation shall not exceed 8:00 a.m. to 11:00 p.m. daily. CODE ENFORCEMENT 23. The owner shall install a trash enclosure consisting of solid block on three sides with asight-obscuring gate. 24. Roof sign shall be repaired or demolished prior to issuance of any licenses or permits. 3- 25. The painted walls signs shall be removed. The applicant may install wall signs consisting of channel letters or cabinets. 26. The awning covering the main entrance is unpermitted. Remove awning or submit plans and obtain building permits, inspection and final approval. 27. The broken window shall be replaced. 28. The rear parking area asphalt shall be repaired and slurry sealed. Parking stalls shall be delineated. The gate shall remain open to custmers during business hours. BUILDING AND SAFETY DIVISION 29. All construction shall meet or exceed the minimum building standards that are referenced in the following codes: The Uniform Building Code - 2001 edition; The Uniform Plumbing Code - 2001 edition; The Uniform Mechanical Code - 2001 edition; The Los Angeles County Fire Code - 2001 edition; The National Electric Code - 2004 edition; All as amended by the California Building Code of 1998. In case where the provisions of the California Building Code, the City of Lynwood Municipal Code, or the plans or specifications in these plans may conflict, the more restrictive provisions shall govern. LOS ANGELES COUNTY FIRE DEPARTMENT 30. The applicant shall comply with all code requirements and conditions set forth by the Los Angeles County Fire Department, Fire Protection Division, 5823 Rickenbacker Road, Commerce, CA 90040-3027, (323) 890-4243. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED, APPROVED and ADOPTED this 4~h day of April, 2006. C' ~ - ~ ~~ CIA VASOUEZ, Mayor City of Lynwood ATTEST: CSF- of ~~~-jo~t.~ ~t _ ANDREA HOOPER, City Clerk . ENF~ U MA NEZ, City Manager City of Lynwood City of Lynwood a APPROVED AS TO CONTEST: GRANT TAYLOR, irector Development Services Department APPROVED AS TO FORM: i I STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) ~, ~X~ J. ARNOLDO BELTRAN, City Attorney City of Lynwood I, the undersigned, City Clerk for the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 4th day of April , 2006. AYES : COUNCILMEN BYRO, JOHNSON, PEDROZA, SANTILLAN AND VASQUEZ NOES : NONE ABSTAIN : NONE ABSENT: NONE City Clerk, City of Lynwood STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. 2006.047 on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this 4th day of April , 2006. ~>~~z~ City Clerk, City of Lynwood -~-