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HomeMy Public PortalAbout2001-10-02CC~ ~,~ P~5 ~ ~.~ ~EC~ivE~ CITY OF LYNWOQU CITY CLERKS OFFICE ADDENDUM o~rt ~nr~ _ =k~ 33 ~~,.~ ~o~t~6~R~.i r.I~R,~ ~~ Ft~ll~Cill~ TO THE AGENDA ITEMS ON FILE FOR CONSIDERATION~~r~i, p~ LbD~'t`~"' AT THE REGULAR MEETING OF THE LYNWOOD CITY COUNCIL TO BE HELD ON OCTOBER 2, 2001 COUNCIL CHAMBERS 6:00 P.M. PAUL H. RICHARDS, II MAYOR RICARDO SANCHEZ MAYOR PRO-TEM ARTURO REYES COUNCILMEMBER CITY MANAGER RALPH W. DAVIS, III LOUIS BYRD COUNCILMEMBER ARMANDO REA COUNCILMEMBER CITY ATTORNEY SHAN THEVER & ASSOCIATES CITY CLERK CITY TREASURER ANDREA L. HOOPER IRIS PYGATT AGENDA ITEM 1. UPDATE OF LYNWOOD PLAZA MIDDLE SCHOOL PROJECT Comments: On September 24, 2001 the City Council discussed the status of the EI Farallon Restaurant and Nightclub located at 3551 Martin Luther King Jr. Boulevard within the Lynwood Plaza. The Council directed the City Manager and City Attorney to contact Lynwood Unified School District (LUSD) representatives to determine the status of the proposed middle school project on the Lynwood Plaza property. Recommendation: Staff recommends for the City Council consider the property status, applicable code requirements, and direct staff. 2. UPDATE ON THE CONTRACT DIAL-A-RIDE SERVICES Comments: On June 19, 2001, the City Council approved an Agreement with Administrative Services Cooperative, Inc. (ASC) to provide Dial-a-Ride Services in Lynwood. The service encompasses 24-hours, seven days a week dispatching services, a 15-minute time pick-up from request and a twice a month shopping excursions. The level of service that the City will be receiving under ASC is more than what the City is currently providing in-house at the same cost. Staff has been in communications with ASC's representative in order to process their application for their business license and permit. ASC has complied with the majority of the paperwork required by the City in order to process the license and permit. Proceeding with the Agreement has been delayed because of certain requirements that have not been met pursuant to the City's code regarding permitting and licensing taxicabs in Lynwood. ASC has recommended that the City's municipal code be amended and be updated in light of the current taxicab industry standards. Recommendation: Staff recommends for the City Council to receive an update from staff relative to the contract Dial-a-Ride services and to provide staff directions. ADJOURNMENT Motion to adjourn to a Regular Meeting to be held October 16, 2001 at 6:00 p.m. in the Council Chambers of City Hall, 11330 Bullis Road, Lynwood, California. 2 DATE: TO: FROM: BY: SUB7ECT: BACKGROUND October 2, 2001 Honorable Mayor and Members of the City Council Ralph W. Davis III, City Manager Joseph Wang, Public Works Director/City Engineer Grant Taylor, Senior Planner Update of Lynwood Plaza Middle School Project, Status of EI Farallon Restaurant and Dance Hall. On September 24, 2001 the City Council discussed the status of the EI Farallon Restaurant and Nightclub located at 3551 Martin Luther King Jr. Boulevard within the Lynwood Plaza. The Council directed the City Manager and City Attorney to contact Lynwood Unified School District (LUSD) representatives to determine the status of the proposed middle school project on the Lynwood Plaza property. DISCUSSION Planning staff spoke with the architect, Dan Benner, of Ruhnau Ruhnau Associates. Mr. Benner stated he met with LUSD officials on September 25th and discussed the- Middle School Project design, development and retail component. Mr. Benner requested to meet with staff next week to discuss not only the middle school project but the proposed elementary school at Long Beach Boulevard and Pluma. Mr. Benner forwarded the updated "pre-design development" for the proposed middle school that was performed June 15, 2001. Staff reviewed the letter from LUSD Superintendent, Dr. Harold Cebrun to the EI Farallon Restaurant dated September 25, 2001. The letter states the middle school project is in the study phase, no determination has been made to acquire property, project funding is uncertain, and the LUSD urged EI Farallon to continue with normal operation of the business. The letter from the City Manager to Dr. Cebrun dated September 24, 2001 requests a meeting on September 26, 2001. Dr. Cebrun has not responded. In addition, staff left a voice mail for Greg Norman, lead consultant for the LUSD with no response. RECOMMENDATION Staff respectfully recommends that the City Council consider the property status, applicable code requirements, and direct staff. Attachments: Letter from LUSD to EI Farallon Restaurant dated September 25, 2001 Letter from City Manager to Harold Cebrun dated September 24, 2001 Lynwood Middle School Pre-design development booklet City Council staff report and backup dated September 24, 2001 H:\W ORDFILE\PLANNING\STAFFRPT\memo.lynplaza.lusdupdate.doc o~ .LY~w 4 p U ~° ~ d ~ ~ ~~ . ~LtFO¢ta OFFICE OF THE CITY MANAGER September 24, 2001 city o~ ~Yl~T~00D c}~ Ctty vtdeeftng ChaQQenges 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 603-0220 Dr. Harold Cebrun, Superintendent Lynwood Unified School District 11331 Bullis Rd. Lynwood, CA 90277 Dear Dr. Cebrun: PROPOSED NEW SCHOOL AT LYNWOD PLAZA 1'I~'I At the Special City Council Meeting on September 24, 2001, the City Council directed the City Manager and the City Attorney to approach the School District with regards to the School District's commitment to construct a new school at the Lynwood Plaza. The Cit~r staff was to report back to the City Council within seven (7) days from September 24~ with regards to the School District's response. Early this year, the City received information that the School District wanted to construct a new middle school at the Lynwood Plaza. Two members of the Lynwood City Council and two members of the School District as well as the City Manager and Superintendent met in May 2001 to discuss the School District's proposed schools. A following meeting in June 2001 took place between the School District and the City. Understanding the needs of the community, at this meeting, the City presented to the School District representatives renderings of four (4) school concepts at various locations. The City also conveyed to the School District its willingness to share the City's proposed school concepts to a joint meeting between the City Council and the School District to promote open discussion of the City's proposed plan. In July 2001, the School District reported to the City that the District cannot facilitate the joint meeting with the City at the present time. The City would like to receive information from the School District with regards to the School District's plan to construct a new school at Lynwood Plaza. This issue has come to bear in significance to an issue facing the City Council with regards to a business named EI Farallon which is located at the Lynwood Plaza. EI Farallon is currently operating as a restaurant and a dance hall at the Lynwood Plaza. The area in which El Farralon is located at is not zoned for such use. In May 2001, the City Council denied a request for a zone change filed by EI Farallon. EI Farallon and the Lynwood Plaza have had its share of reported public safety issues raised by members of the community as well as zoning issues. Thus, the City is compelled to address them. Because of the School District's plan to construct a new school at the Lynwood Plaza, certain members of the City Council had hoped that this could be a viable win-win solution to an immediate problem -providing EI Farallon an opportunity to operate in short term and to reassess its situation; allowing the School District to pursue a plan for a new school; and providing relief to residents beset with the increasing public safety incidents at the location. In March 2001, at a Planning Commission meeting which dealt with EI Farallon's request for a zone change, a letter was submitted by a Board Member of the School District supporting EI Farallon as well as a testimony from the Deputy Superintendent of the School District in support of EI Farallon. Such efforts by the School District are contrary to efforts made by consultants working on behalf of the School District who have started approaching businesses at the Lynwood Plaza with regards to relocating and the School District's public pronouncements of a proposed new school at Lynwood Plaza. As you can see, the City is receiving mix signals from the School District with regards to its plan for a new school at the Lynwood Plaza. It would be an assistance to the City if the School District openly and formally through a meeting with the City Attorney and the City Manager convey to the City its plan for a new school at the Lynwood Plaza and to convey such plan in writing addressed to the City Manager. Pursuant to City Council's request, the City staff is to report to the City Council no later than October 1, 2001. To accommodate this timeline, please let me know if a meeting on Wednesday September 26 at 10:00 a.m. would be convenient for you. Should you have any questions, please do not hesitate to contact me at (310) 603-0220, ext. 205. Sincerely, ~r ~~ Ralph .Davis, III City Manager cc: Mayor and Members of the City Council President and Members of the Lynwood Unified School District „~'- J~tiF1ED ~ td 2~0 ~ ~i i ~ a - * Psr.ivsv ~ LYNWOOD UNIFIED SCHOOL DISTRICT 11321 Bullis Road, Lynwood, CA 90262 (310) 886-1600 September 25, 2001 El Farallon Restaurant 3553 Martin Luther King Lynwood, CA 90262 RE: Proposed New Middle School Lynwood Unified School District Dear Business Owner: 09-25-01 P03:26 IN As you may be aware, the Lynwood Unified School District has proposed that a new Middle School be constructed on the site of the neighborhood shopping center bounded by Long Beach Boulevard, Abbott Road, and San Luis Avenue. Your business is located within this potential site. We wish to emphasize that this site. is still in the study phase; no determination has yet been made to acquire any property. The District is preparing necessary supporting documentation in order to request acquisition funds from the State of California. Although the District is hopeful that it will be able to construct a new school on this site, it is uncertain at this time when, or even whether, funds will be allocated for this project. Therefore, we urge you to continue with the normal operation of your business. We would discourage you from making any business decisions based upon the possibility the District may acquire this property, since that is not a guarantee at this time. If the District eventually receives funds for the assemblage of this site, you will be notified when offers are presented to the property owners. At that time, your business will be entitled to relocation assistance and benefits, as provided by state law. If you move before offers are presented, you will not receive any relocation benefits. Further, current plans provide for some commercial development on at least a portion of the larger site, so there may be opportunities for some businesses to remain, perhaps in a new location within the site. BOARD OFEDUCATION Domiti]a Aguilar President Maria Medina Vice President Rachel Chavez Clerk Cynthia Green-Geter Member Errick R. Lee Member Dr. Harold L. Cebrun, Sr. Superintendent and Secretary to the Board \;Sy C J~,F1ED g~~Q l ++p a-u+eFa++++tt++-y L'ST. 191 Page 2 If you have any questions in this regard, please feel free to call the District's real estate consultant, Mr. Bob Hoffman of Cutler & Associates, Inc., at (562) 431- 6789. We thank you in advance for your patience and courtesy while this process transpires. Sincerely, Dr. Harold L. Cebrun, Sr. Superintendent of Schools Lynwood Unified School District cc: City Manager (Lynwood) ~i~'Ach Yrk~ DATE: May 15, 2001 TO: Honorable Mayor and Members of the City Council FROM: Ralph W. Davis III, City Manager ~ ~•~~~~ Gary Chicots, Community Development Director BY: -Grant Taylor, Senior Planner SUB]ECT: Appeal No. 2001-02: Request to overturn the decision of the Planning Commission to approve Zone Change No. 2000-03 and Conditional Use Permit No. 2000-31, EI Farallon Restaurant/Dance Hall at 3551 Martin Luther King Jr. Boulevard, Lynwood. PURPOSE To conduct a public hearing in order to consider Appeal No. 2001-02, a request to overturn the decision of the Planning Commission to Approve Zone Change No. 2000-03 and Conditional Use Permit No. 2000-31; applications to change the zoning at Lynwood Plaza from CB-1 (Controlled Business) to C-3 (Heavy Commercial); and approve a 2,890 square foot expansion to the EI Farallon Restaurant/Dance Hall at 3351 Martin Luther King Jr. Boulevard. BACKGROUND On March 19, 2001, the Planning Division and City Clerk's Office received Appeal No. 2001- 02, arequest to overturn the decision of the Planning Commission. The Planning Commission conducted public hearings on March 13, 2001, January 9, 2001 and December 12, 2000 on the above-identified applications. On March 13, 2001, the Planning Commission approved two (2) applications submitted by the business owner of the EI Farallon Restaurant/Dance Hall. The Planning Commission approved Zone change No 2000-03, to change the zoning for the property known as Lynwood Plaza from CB-1 (Controlled Business) to C-3 (Heavy Commercial). In addition, the Planning Commission approved Conditional Use Permit No. 2000-31 that provided approval of the following: a) Expand the existing restaurant and dance hall by 2,890 square feet; and b) Remove the nonconforming status of the dance hall land use; and c) Remove the nonconforming status of the alcoholic beverage license. The conditional use permit only needs Planning Commission approval, however, a zone change is an ordinance and requires approval from the City Council. If the City Council does not adopt the zone change ordinance, the conditional use permit is null and void. On April 17, 2001 the City Council accepted public testimony and continued the item. The subject property is located at 3551 Marti. zone and the business establishment currently The addition would bring the total floor area to following active licenses: • City of Lynwood Business License • Dance Hall & Dance Club Permit • Live Entertainment Permit • Vending & Coin Operated Machines Permit • Alcoholic Beverage Control License H:IWORDFILEIPLANNINGISTAFFRPT1cup.zc.elfarallon.cc.doc ~ Luther King Jr. Boulevard within a CB-1 totals approximately 14,779 square feet. 17,816 square feet. The business has the AGENl1A I'rElUi ~Z 4 There is no record of a conditional use permit for the business. Conditional use permits are required for dance halls and the sale of alcoholic beverages. City Council approval is required for live entertainment permits and no resolution or minute order is on file. The Planning Commission approved a security plan that must be entered into between the business owner and the Los Angeles County Sheriff Department. The security plan would not only address the parking area of the business, but would require security of a two (2) block radius around the perimeter of Lynwood Plaza. Such security plan would restrict ingress and egress on residential streets and would force patrons to exit the property on Martin Luther King Jr. Boulevard. The business owner has agreed to contract with the Sheriff Department for the life of~the conditional use permit to provide uniformed Deputies in Lynwood Plaza and surrounding neighborhoods. Security inside the establishment would js''provided by a private firm. The conditional use permit contains twenty-three (23) conditions of approval with specific time frames to complete such conditions. DISCUSSION Lynwood Municipal Code (LMC) Section 25-7(b) identifies permitted uses within the CB-1 zone. Dance halls or nightclubs are not a permitted use, therefore, the business is nonconforming. LMC Section 25-7.2(c) identifies prohibited uses and states that any business, use or institution that is specifically authorized in other zones is prohibited in the CB-1 zone. LMC Section 25-10.1(f)(1) identifies dance halls as permitted subject to a conditional use permit within the C-3 (Heavy Commercial) zone, therefore, dance halls are prohibited in the CB-1, C-2 and C-2A zones. The Lynwood General Plan Land Use Map designates the property as commercial. The zone change from CB-1 to C-3 is consistent with the General Plan. There are several issues involving the zone change request. Lynwood Plaza consists of eight (8) separate property owners. EI Farallon is part of a large multiple tenant building. It would not make good planning sense to only designate EI Farallon as C-3. The entire Lynwood Plaza should be addressed as a whole. The proposal is all or nothing for Lynwood Plaza and would make at least two (2) nonconforming businesses comply with the LMC. A C-3 zoning designation would allow additional land uses that could be more intensive such as auto repair, equipment rental yard, equipment storage yard, feed and fuel yard, and dog kennels. The parking within Lynwood Plaza is sufficient to accommodate the business expansion, the building could support the occupancy load, and the business has fire sprinklers. Based on public testimony, the primary issue is activities in the parking lot and surrounding neighborhood. The comprehensive security plan and other applicable conditions of approval were developed to address those issues. The business is classified as nonconforming and subject to provisions set forth in LMC Section 25-15. Non-conforming buildings and uses are not permitted to expand or intensify the land use. In addition, there is an amortization period of ten (10) years in commercial zones in which nonconforming uses shall be abated pursuant to LMC Section 25-15.6(b). It does not appear that the City has enforced abatement schedules and there is a question if the LMC nonconforming and abatement code sections are legally enforceable. H:\WORDFILE\PLANNING\STAFFRP71cup.zc.elfarallon.cc.doc 2 LMC Section 25-27 permits property owners or their authorized agents to initiate a change of zoning or general plan designation, however, the public cannot initiate a ZOA. OPTIONS The City Council has five (5) options to consider regarding this appeal. 1. Overturn the Planning Commission decision and APPROVE Appeal No. 2001-02, thereby DENYING Zone Change No. 2000-03 and DENYING Conditional Use Permit No. 2000-31. 2. Uphold the decision of the Planning Commission and APPROVE Zone Change No. 2000-03 and APPROVE Conditional Use Permit No. 2000-31. 3. Direct staff to perform a Zoning Ordinance Amendment to allow dance halls, nightclubs, etc. in the CB-1 zone subject to a conditional use permit. 4. DENY Zone Change No. 2000-03, the Conditional Use Permit and the Appeal would become "moot". 5. TAKE NO ACTION. The conditional use permit would automatically be approved pursuant to the Planning Commission actions and conditions of approval. However, Council must approve the Zone Change otherwise the conditional use permit is null and void. Approving the Appeal and denying the applications would leave anon-conforming business with no conditional use permit and no conditions to regulate the business. The result of a nonconforming business would be continued problems with cruising, loitering and other police issues. In addition, other uses within Lynwood Plaza would remain nonconforming.. Support of the conditional use permit and zone change would include mandatory and specific conditions of approval in order to protect the health, safety, and general welfare of citizens working and residing in the area. Conditions would include implementing and maintaining a security plan reviewed and approved by the Sheriff Department; implementing an exterior lighting plan, parking plan, submitting a new fire sprinkler plan, and submitting for building plan check. If the applicant fails to comply with conditions of approval, the City may initiate revocation proceedings against the conditional use permit and/or the business licenses. If conditions of approval are implemented and adhered to, the required findings in LMC Section 25-25.7 could be made to approve the conditional use permit. In addition, a Mitigated Negative Declaration has been prepared and appropriate mitigation measures have been required in order to reduce negative .impacts to a level of insignificance. The zone would provide EI Farallon with an opportunity to be conforming and mitigate impacts on properties in the vicinity. If the City Council directs staff to draft a zoning ordinance amendment, the appeal, zone change and conditional use permit could be tabled until the Planning Commission and City Council conduct public hearings for the zoning ordinance amendment. Staff does not recommend this option. If the City Council denies the ordinance for the Zone Change, the Conditional Use Permit would become moot and the Appeal would automatically be approved. H:\WORDFILEIPLANNING~STAFFRPT1cup.zc.elfarallon.cc.doc 3 Taking no action would in effect, deny the proposed expansion. The Conditional Use Permit would be approved, however, an ordinance for the Zone Change must be adopted by Council, and without the Zone Change the Conditional Use Permit is null and void. Whatever option the City Council chooses, the appropriate course of action would be to act on the Zone Change first. Action on the Zone Change dictates approval or denial of the project and other applications. SUMMARY & CONCLUSION If the City Council elects to uphold the decision of the Planning Commission, the Council would introduce the ordinance approving Zone Change No. 2000-03 first, otherwise the conditional use permit (CUP) would be null and void. The second motion would be to adopt the resolution to approve Conditional Use Permit No. 2000-31. If the project is approved, the EI Farallon Restaurant/Dance Hall would be scheduled for hearing before the Planning Commission within six (6) months to review the status of compliance with mandatory conditions of approval. If the City Council elects to support the Appeal and thereby overturn the decision of the Planning Commission, the Council would adopt the resolution to approve Appeal 2001-02. The City Council needs to carefully review and enforce the need to protect surrounding residential properties from deleterious affects of unregulated businesses. The City Council also needs to be mindful that businesses with historical enforcement problems need to be given adequate opportunity to comply before aggressive enforcement is contemplated. A zone change and conditional use permit with strict conditions is a good first step in ensuring that the business as well as residents issues are taken into consideration and resolved in a timely manner. If the applicants fail to abide by the conditions set forth in the resolution, the City can consider other options including revocation of the conditional use permit and business licenses. RECOMMENDATION Staff respectfully recommends for the City Council to conduct a public hearing and after considering public oral and written comments to close the public hearing and choose one of following options: 1) Adopt the resolution to APPROVE Appeal No. 2001-02 and overturn the decision of the Planning Commission, thereby denying the project. 2) Uphold the decision of the Planning Commission and introduce the ordinance approving Zone Change No. 2000-03 and adopt the resolution approving Conditional Use Permit No. 2000-31. 3) Direct staff to draft a Zoning Ordinance Amendment and thereby table the appeal, zone change and conditional use permit. 4) DENY Zone Change No. 2000-03, the Conditional Use Permit would become "moot" and the Appeal would automatically be approved. 5) Take no action. This would effectively deny the project. Although ~ the Conditional Use Permit would automatically be approved, a zone change must be an ordinance adopted by Council. The Conditional Use Permit is null and void without the Zone Change. H:\WORDFILE\PLANNING\STAFFRP71cup.zc.elfarallon.cc.doc 4 Attachments: Project Profile Location Map Appeal No. 2001-02 application List of citizens providing public testimony Sheriff Report Resolution Approving Appeal No. 2001-02 Ordinance Approving Zone Change No. 2000-03 Resolution Approving Conditional Use Permit No. 2000-31 Environmental Documentation Security Plan Lighting Plan Traffic/Parking Plan Floor Plan H:\WORDFILEIPLANNING\STAFFRP71cup.zc.elfarallon.cc.doc PR0.7ECT PROFILE Zone Change 2000-03 & Conditional Use Permit 2000-31 3551 Martin Luther King Jr. Boulevard 1. 2. 3 4. 5. Source and Authority Lynwood Municipal Code (LMC) Section 25-7(b) identifies permitted uses in the CB-1 zone; LMC Section 25-7.2(c) identifies prohibited uses in the CB-1 zone; LMC Section 25-10.a(f)(1) identifies dance halls as conditionally permitted in the C-3 zone; LMC Section 25-15 addressed nonconforming land uses and structures; LMC Section 25-25.7 sets forth required findings to approve a conditional use permit; LMC Section 25-27 addresses zone changes. Property Size and Location The Lynwood Plaza is triangular in shape and bounded by Abbott Road to the north; Norton Avenue to the south; Martin Luther King )r. Boulevard to the east; and San Luis Avenue to the west. The Lynwood Plaza is comprised of five (5) buildings, eight (8) parcels and totals approximately 551,890 (12.67 acres) square feet in area. Currently, EI Farallon totals 14,779 square feet. The proposed expansion is 2,890 square feet that would bring the business total to 17,816 square feet. Existing Lan= Subject: Multiple Tenants Commercial North: Single-Family Residential South: Commercial East: Commercial West: Single-Family Residential Land Use Desi nations General Plan Zonin~C Subject: Commercial North: Single-Family Resid, South: Commercial East: Commercial West: Single-Family Resid. Site Plan Review CB-1 (Controlled Business) R-1 (Single-Family Residential) H-M-D (Hospital-Medical-Dental) CB-1, C-2 and H-M-D R-1 (Single-Family Residential) The Site Plan Review Committee has reviewed the proposed project and recommended conditions of approval are included in Resolution 2812. 6. Zoning Enforcement History The business is currently nonconforming and has an extensive police response record. (See attached report) 7. Public Response At the last Planning Commission meetings on December 12, 2000 and January 9, 2001, extensive public testimony was provided. III-YN_SRV 11VOL31WORDFILEIPLANNINGISTAFFRPT\cup2000-3 I.doc 4 LOCATION MAp ~ h 'e h 90 Z ~~ L_ -~2. . ~. ~ M so ~0'13t ~9 e -~ ti h~ ~ n ~ w v; ti :, 2 n n SO y? :. N ti w .~, ,~. ~ A a SO P` '~ e .fBBOTT d 0 0 0 161 \ n ~Z ~~ i6 2 i~ io, s %~ To; ~ ~t ^~ .dr t N y ~ ~ to ~0 IO~err 41 ~ a J ~ 3s h9 G V V ~•~N f ~~ t2t t 14 9 N ~ N ~ 1!617 'TC~ O `wp a p~pf ~ 1 / h O A62 NUE d ~ ~ / ~ h e ro o i J z f •^ ~7RTON zs ~ ~ .~~ n,a a O ~ J ~~ ~O ~ $u 3ffi 7,$ \~ ..../ 7~.i1,li ~ A.g // .. ~ .ii .:'I ~..'.IY1 _'J~ ~.~I MI MI ~OIM~I f7l ~~ ~^~ ors J~J CascNo. ZONE CHANGE 2000-03 & CONDITIONAL US E PERMIT 2000_31 Site Address: 3551 MARTIN LUTHER KING JRp BOULEVARD Applicant Name: HERMELIO FRANCO 300 or [ ) 500' Radius Mali ,.: . ~C- ~ R- t~ ~ M ~h"~ MM J v .'~a e7~ ~ I AI ~.¢ SO ~ r ~ o ' ea ~~~~ -I• AOAO 0 ~ ABBOTT ' y 9<7G a DS.39 L Y ~ D• ~ ~~ouY 2 ~: sa ~.• ~ W ~ ~ ~ ~ e~ w Ji~O n1 `~ ~ 2 to ~a/ a lyj c AB,Bp~. RD ~~ ~~ a s10`t' 9 ~'~ ~~ d PLOT PLA1V -- ~-E S `~ - 16 ®~ ~1 ~ 5~ ~` ® ~ ~~ ~\ a ~~ _ ~ ~ ~za ff~~~ ~~,~9,~ EL FARALLONNIG P~P~~n~UC ~ f~cs~cv AND ~' CLUB B 8050 E. Florence Rve., ste. Qob 3551 Marti~utheU~~ ~o~ Do=~ne~~, CA ~~~ao Lynwood, Ca 90262 T~ Blvd. (~6Q) ~2a-~o~ ~ j~'~ I i ~i15.? I~,~ ~ I~~ .. Y" ~o .® W ~' ~. y ~ ~ City of ~T ~~ f `r/~I~ ~ ~ ~~~~ ~~" ~~ ~4 City vGteeting ChaQQenges 8Y 11330 BULLIS ROAD ' ~ ~ ~' I LYNWpOD, CALIFORNIA 90262 (310) 603-0220 ~Ow1MUNITY DEVELOPMENT DEPAR~'~w~o>~r Receipt No, Trot a Date Filed March 19, 2001 pplicable APpI RedC`d By Grant Taylor ~ Y I 2 ~~ti / ^ ,~ ~ Zone Change 2000-03 and ,~~ f ! Case No (s) Conditional Use Permit 2000-31 2814 -zone change Reso No. 2812 -conditional use permit PLANNING ACTION APPLICATION FORM ~i~ardorganc~iez 11330 Bullis Road, Lynwood, CA 90262 (310) 603-0220 Name of applicant Address (City, State Zip Code} Telephone No. 3551 Martin Luther King Jr. Boulevard (E1 Farallon Restaurant & Dance Hall Project Address ) CB-1 (Controlled Business 6191-018-008 Tract 20680, Lot 70 Zone County Assessors Book Information Page Parcel No. Legal Description Check T e of Permits Re uested: Please submit plans with a complete application. For Site P! submit 10 Plans ONLY. an Review ~ Appeal -City Counul to (_._. Copies) Appeal -Planning Commission (_ Copies) Certificate of Compliance ( Co ies Conditional Use Permit (z6 Plans) P ) Environmental Assessment (----Copses) General Plan Amendment (z6 Plans) Home Occupation Permit (-Copses) Lot Line Merger (_ Copies) Lot Merger (-Copies) Property Owner Notice (-.Copses) PURPOSE OF APPLICATION S Modification of Cond. Use {zs copies) Sign Permit (z copies) Site Pian Review (io copies) Tentative Parcel Map (z6 Copses) Tentative Subdivision Map (z6 copses) ~/arlanCe (26 Copies) Zone Change (z6 copies) Zoning Ord. Adjustment (----copies) Zoning Ordinance Text Amendment ( Copies) LX ]New Construction ~ X) Existing Construction. Request to change the Lynwood Plaza zoning from CB-1 (Controlled Business C-3 (Heav ) to Y Commercial) and expand the E1 Farallon was approved by the Lynwood Plannins Commission on March 13 2001. Three (3) public hearings were conducted. Staff and the Planning Commission received extensive public comment and co rertaining to loiterin g ncerns other po ice re ate g' dru s, gangs, shootin s issues. g ~ cruising, noise trespassing and Plaza parking lot and surroi~iiding~mp a3.n s nc e ods od ' ''' ` T ~ March 19, 2001 Signature _ Date h:\wordfile\planning\Corms\ENVASS2.DOC / Revised 03-06-01 3 ~~~~~ I~i~1~t 1 r ZIIQ~ ~Y d'~- NPdIIV IV Employees of the Planning Division will give eve V` `LVr~t~ r APPROVALS files an application for Planning or Development app ovals. a How Vee to anyone who the burden of proof is on the applicant to make the showing necessary before any ermit can be granted. Also there is no guarantee -expressed or compliedp- that or approval will be granted by the agency or commission which has authori . in t any Permit tY he matter. The applicant shall understand also that each matter must be careful) inve after a staff investigation has been made, or a public hearing has been he stigated and recommendation or decision may be contrary to a position taken in an Ids relimtaff's discussions. Y p inary The staff is not permitted to assist the applicant or any opponents of an preparing arguments for or against a request. Y applicant in March 19, 2001 Date I have read the foregoing and understand that I HAVE 1'HE BURDEN OF the matter arising under the application made by me.. PROOF in ~~ .,, ~ A scant Signature Appeal No. 2001-02 (ZC 2000-03 & CUP 2000-31) Application Case Number. ~~:~wordfi f eSplanningSformslEN VA SS2. DOC Revised 03-OG-01 ¢ April 17, 2001 Lynwood City Council Meeting Appeal No. 2001-02 Zone Change No. 2000-03 Conditional Use Permit No. 2000-31 PUBLIC TESTIMONY 1) Selena Martinez {architect) Yes 2) Irene Garcia No 3) Edwin Jaciento Yes 4) Arvin Moore No 5) Helen Lustig No 6} Pat Hernandez No 7) John Graham No 8) Raul Vallejo No 9) Mrs. Morrison No 10) Ken Swift Yes 11) Maria Lopez Yes 12) Silvaro Lopez Yes 13) Janice Hermosillo (little girl) No 14) Adriana Franco Yes 15) ??? Inaya (employee) Yes 16} Alejandro ??? (teacher) Yes 17) Juana Jimenez Yes 18) Carlos Molina Yes 19) ??? (inaudible teenager) Yes 20) Luce Rodriguez Yes 21) Ramon Rodriguez Yes 22) Ike Mbele (architect) Yes 23) Alex Zendejas Yes 24) Jim Morton Yes 25) Sal Preciado (contractor) Yes 26) Mario DeGrio? (security guard) Yes Yes = 18; No = 8 APPEAL NO. 2001-02 CITIZENS SPEAKING IN OPPOSITION EL FARALLON RESTAURANT Zone Change No. 2000-03 & Conditional Use Permit No. 2000-31 December 12 _2000 Plannina Commission Meetina Teresa Coleman-Graham, 10650 San Juan Ave. Arvin Moore, 10740 San Luis Ave. Erasmo Castro, 10611 San Juan Ave. Raul Vallejo, 3825 Abbott Rd. Alma Gonzalez, 3905 Abbott Rd. Caroline Castillo, 10881 San Miguel Ave. Miguel Hernandez, ????? San Miguel Ave. January 9. 2001 Plannina Commission Meetina Teresa Coleman-Graham, 10650 San Juan Ave. John Graham, 10650 San Juan Ave. Raul Vallejo, 3825 Abbott Rd. Helen Lustig, 3907 Abbott Rd. Sandra Bustamente, ???? San Juan Ave. Amy Castro, 10116 San Juan Ave. Arturo Lopez, 4331 Lugo Ave. ?????, 10150 San Juan Ave. March 13, 2001 Planning Commission Meetina Teresa Coleman-Graham, 10650 San Juan Ave. Helen Lustig, 3907 Abbott Rd. 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Y TAT CODE 8~ ORT RD: 2112, 3551 ' REPORT DATE: 01/0>/2000 to ~ Event Date Incident Date Range Time Range R p 08/31/2000 -------- - Address VEHICLE BURGLARY App --met I 04/23/2000 04/23/20000 04 23/2 00 B S;Rjg LA5R0~ 2112 3551 nger Van Burglary MARTIN LUTHER KING BLVD 1 VEHICLE BURGLARY: Auto/Passenger Van Burglary 1 VEHICLE BURGLARY THEFT, PETTY ($400 OR LESS) STAT CD. 389 THEFT, PETTY ($4D0 OR LESS): Other From P 0620/2000 06/132000 06/13/2000 00:00 01:00 2112 3551 ( rvt Res, Boat, Plane,Yard) 1 THEFT, PE MARTIN LUTHER KING BLVD 1 THEFT, pE~Y TTY ($4D0 OR LESS): Other (From Prot Res, Boat, Plane,Yard MISDEMEANORS, MISCELLANEOUS STAT CD. 399 MISDEMEANORS, MISCELLANEOUS: All Other Misdemeanors 03/06/2000 03/06/2000 03/06/2000 02:43 02:43 2112 3551 08/13/2000 08/13/2000 22'02 2112 3551 MARTIN LUTHER KING BLVD JR 2 MISDEMEANORS, MISCELLANEOUS: AU Other MisdemeanoHER KING BLVD 2 MISDEMEANORS, MISCELLANEOUS rs NON-CRIMINAL STAT CD. 442 NON-CRIMINAL: Property LosVFound/Recovered 02/05/2000 01/29/2000 23:41 2112 3551 1 NON-CRIMINAL; property LosUFound/RecoveredMARTIN LUTHER KING BLVD 1 NON-CRIMINAL TOTAL Cases 24 Date 8 Time 09/13/2000 12:4 e: 2 of 2 -------- File Numbe --_ 2000-07727 2000-11877 2000-04368 2000-15772 2000-02453 Version: 2.05.10.0 System: ~A.RC1s „~, Los An Sheriffs'' ,Rpc. ID: G-001-D "tment Date ~ Time RD: 2112, 0912/2000 12: REPORT DgTE:01/01/2000 to 0 31/2000 Event Date Incident Date Range Time Range R D Page: 1 _ Address GRAND THEFT APB of _ STAT CD. 089 GRAND THEFT: Other (From Boat, Plane, P 02/25/2000 02/25/2000 rvt Res Yard 19 30 E X Street File Numb , , : tc) 2112 3555 MARTIN Lt1THER KING BL 1 GRAND THEFT; Other (Fro B m VD g oat, Plane, p 1 GRAND THEFT ~ Res, Yard, Etc) 2000-0377 VEHICLE BURGLARY STAT CD. 340 VEHICLE BURGLARY: Auto/Passenger Van Burglary 02/04/2000 02/03/2000 02/04/2000 10:30 01:30 2112 3555 1 VEHICLE BURGLARY: Auto/Passenger Van Burg aryTIN LUTHER KING BLVD 1 VEHICLE BURGLARY NON-CRIMINAL 2000-02361 STAT CD. 444 NON-CRIMINAL: Suspicious Circumstances, Possible Cri 06/18/2000 06/18/2000 19:00 i m nal Activity 2112 3555 1 NON-CRIMINAL: Sus i i T p c ous Circumstances, Poss b e 1 NON-CRIMINAL G Criminal Act vity BLVD 2000-11738 TOTAL Cases 3 Version: 2.05.10.0 RESOLUTION NO. A RESOLUTION OF THE LYNWOOD CITY COUNCIL APPROVING APPEAL NO. 2001- 02; THEREBY OVERTURNING THE DECISION OF THE PLANNING COMMISSION AND DENYING ZONE CHANGE NO. 2000-03, A REQUEST TO CHANGE THE ZONING FROM CB-1 (CONTROLLED BUSINESS) TO C-3 (HEAVY COMMERCIAL) FOR THE LYNWOOD PLAZA; AND DENYING CONDITIONAL USE PERMIT NO. 2000-31, A REQUEST TO EXPAND THE EXISTING EL FARALLON RESTAURANT AND DANCE HALL AT 3551 MARTIN LUTHER KING JR. BOULEVARD, LYNWOOD, CALIFORNIA. WHEREAS, the Lynwood City Council, pursuant to law, conducted a public hearing on May 15, 2001 and approved Appeal No. 2001-02 thereby overturning the decision of the Planning Commission and denying Zone Change No. 2000-03 and Conditional Use Permit No. 2000-31; and WHEREAS, the Lynwood City Council, pursuant to law, conducted a public hearing on April 17, 2001 to hear Appeal No. 2001-02 a request to overturn the decision of the Planning Commission and the item was continued for thirty (30) days; and WHEREAS, the Lynwood City Council considered all pertinent facts, oral and written testimony; and WHEREAS, the Lynwood Planning Commission, pursuant to law, on December 12, 2000 conducted a public hearing on the subject application and continued the item to the next regular meeting; and WHEREAS, the Lynwood Planning Commission, pursuant to law, on January 9, 2001 conducted a public hearing on the subject application and continued the item for sixty (60) days; and WHEREAS, the Lynwood Planning Commission, pursuant to law, on March 13, 2001 conducted a public hearing on the subject applications and approved Zone Change No. 2000-03 and Conditional Use Permit No. 2000-31; and WHEREAS, the Director of Community Development has determined that the proposal may have a significant effect on the environment, there may not be a significant effect in this case as mitigation measures were developed to reduce possible negative impacts to a level of insignificance, pursuant to provisions of the California Environmental Quality Act (CEQA) Guidelines as amended; Section 1. The Lynwood City Council hereby finds and determines as follows: A. The proposed project may adversely effect the comprehensive General Plan. The proposed zone change may allow more intensive and/or obtrusive land uses to establish. H:\WORDFtLE\PLANNINGUtESOS4ao.cc.denyelfarallon.doc - ~ - B. The proposed location of the zone change may not be in accord with the objectives of the zoning code. Additional land uses permitted in a less restrictive commercial zone may not be able to comply with required development standards. C. The proposed location of the zone change may be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The land uses permitted in a less restrictive commercial zone may negatively impact properties in the vicinity.. D. The effects of the zone change may not have the implementation of mitigation measures that would reduce negative impacts on properties in the vicinity to a level of insignificance. Such mitigation measures would pertain to effects on noise, light and glare, transportation/circulation, and public services. E. The proposed project may adversely effect the comprehensive General Plan, specifically the following goals and policies; 1) Ensure that residential neighborhoods are protected from the encroachment of incompatible activities or land uses which may have a negative impact on the residential environment. (Land Use Element, Policy 3, page LU-19) 2} Prevent and mitigate the adverse impacts of noise from internal and external sources on Lynwood residents. (Circulation Element, Goal 1, page N-5) 3) Provide a pattern, scale, and design of land uses which promote individual safety. (Safety Element, Policy 5, page S-12) F. The proposed location of the conditional use may not be in accord with the objectives of Chapter 25, Zoning of the Lynwood Municipal Code, and the purpose of the zone in which the site is located. The zoning code strives to provide land uses and commercial establishments that serve the needs of residents city wide. The subject business may be creating negative impacts on adjacent residential and commercial properties. G. The location of the proposed conditional use and the conditions under which it operates or maintained may be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The establishment has a negative history of excessive police response requests. Residents have testified at public hearings of criminal activities and disturbance of their peace and welfare. H. The conditional use may not comply with each of the applicable provisions of the zoning chapter. The Lynwood Municipal Code requires dance halls and establishments that serve alcohol to have a conditional use permit and this business does not have such permits. I. The applicant has not demonstrated that he has implemented mitigation measures that would reduce negative impacts on properties in the vicinity to a level of insignificance. Such mitigation measures pertain to effect of noise, light and glare, transportation/circulation, and public services. Section 2. The City Council of the City of Lynwood, based upon the aforementioned findings and determinations, hereby approves Appeal No. 2001-02 and thereby denies Zone Change No. 2000-03 and denies Conditional Use Permit No. 2000- 31. 2 Section 3. A copy of the Resolution No. applicant. PASSED, APPROVED AND ADOPTED this ATTEST: ANDREA L. HOOPER, City Clerk City of Lynwood APPROVED AS TO CONTENT: GARY CHICOTS, Director of Community Development Dept. shall be delivered to the day of PAUL H. RICHARDS II, Mayor City of Lynwood 2001. RALPH W. DAVIS III, City Manager City of Lynwood APPROVED AS TO FORM: SHAN K. THEVER, City Attorney H:\WORDFILEIPLANNING\RESOS\reso.ec.drnyeltarallon.dce ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, APPROVING ZONE CHANGE NO. 2000- 03; WITH RESPECT TO TRACT 20680, LOTS 70 and 71; ASSESSOR'S MAP BOOK 6191 PAGE 18 PARCELS 001, 002, 003, 004, 005, 006, 007, 008 AND 009; ALSO KNOWN AS THE LYNWOOD PLAZA AND BORDERED BY ABBOTT ROAD TO THE NORTH; MARTIN LUTHER KING, ]R. BOULEVARD TO THE WEST; SAN LUIS AVENUE TO THE EAST; AND NORTON AVENUE TO THE SOUTH, LYNWOOD CALIFORNIA, CHANGING THE ZONING FROM CB-1 (CONTROLLED BUSINES) TO C-3 (HEAVY COMMERCIAL). WHEREAS, the Lynwood City Council conducted a public hearing on May 15, 2001 in order to hear Zone Change No. 2000-03; and approved such zone change; and WHEREAS, the Lynwood City Council conducted a public hearing on April 17, 2001 in order to hear Zone Change No. 2000-03; and continued the item for thirty (30) days; and WHEREAS, the Lynwood City Council considered all written and oral testimony at such public hearing; and WHEREAS, the Lynwood Planning Commission did pursuant to law, conduct a public hearing on March 13, 2001 and approved Zone Change No. 2000-03 regarding the above-identifies properties; and WHEREAS, the Planning Commission of the City of Lynwood did pursuant to law, conducted a public hearing on January 9, 2001 on a proposed Zone Change regarding the above-identified properties and the item was continued to March 13, 2001; and WHEREAS, the Planning Commission of the City of Lynwood did pursuant to law, conducted a public hearing on December 12, 2000 on a proposed Zone Change with respect to the above-identified properties and continued the item; and WHEREAS, the Community Development Department has determined that the proposal could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures have been added to the project to reduce possible impacts to a level of insignificance; and WHEREAS, the Lynwood Planning Commission determined that C-3 (Heavy Commercial) zoning of these properties would be consistent with the Goals and Policies of the General Plan. Section 1. The Lynwood City Council hereby finds and determines as follows: A. The proposed Zone Change will be consistent with the objectives and the development policies of the City of Lynwood. B. The proposed Zone Change will not unreasonable constrain the use of property by landowners and developers. H:1 WORDFILEIPLANNINGIRESOSUeso.el farallonzc..pprove. doc 1 C. The Proposed Zone Change will not adversely affect the General Plan. D. A C-3 (Heavy Commercial) zoning designation of the subject properties would be compatible with surrounding land uses. E. A Zone Change from CB-1 (Controlled Business) to C-3 (Heavy Commercial) would be consistent with the Goals and policies of the General Plan. F. At least two (2) non-conforming properties would become legal properties and business establishments. G. The rezoning would allow property owners additional land uses that could be established and operated. H. The infrastructure is adequate to support the rezoning. Section 2. The City Council of the City of Lynwood, based upon the aforementioned findings and determination hereby approves Zone Change No. 2000-03. PASSED, APPROVED AND ADDOPTED this day of 2001. ATTEST: PAUL H. RICHARDS II, Mayor City of Lynwood ANDREA L. HOOPER, City Clerk City of Lynwood RALPH W. DAVIS III, City Manager City of Lynwood APPROVED AS TO FORM: SHAN K. THEVER, City Attorney Planning Commission H:1W ORDFILEU'LANNINGV2ESOS1rcso.elfarallon.u..pprove.doc APPROVED AS TO CONTENT: GARY CHICOTS, Director of Community Development Department 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, APPROVING CONDITIONAL USE PERMIT NO. 2000-31; THEREBY DENYING APPEAL NO 2001-02 AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION; PERMITTING THE EXPANSION OF AN EXISTING RESTAURANT AND DANCE HALL AT 3551 MARTIN LUTHER KING JR. BOULEVARD, LYNWOOD, CALIFORNIA WHEREAS, the Lynwood City Council conducted a public hearing on May 15, 2001 in order to hear Appeal No. 2001-02; a request to overturn the decision of the Planning Commission to approve Conditional Use Permit No. 2000-31; and WHEREAS, the Lynwood City Council conducted a public hearing on April 17, 2001 in order to hear Appeal No. 2001-02; a request to overturn the decision of the Planning Commission to approve Conditional Use Permit No. 2000-31, the item was continued for thirty (30) days; and WHEREAS, the Lynwood City Council considered. all written and oral testimony at such public hearing; and WHEREAS, the Lynwood Planning Commission, pursuant to law, on March 13, 2001 conducted a public hearing on the subject applications and approved Zone Change No. 2000-03 and Conditional Use Permit No. 2000-31; WHEREAS, the Lynwood Planning Commission, pursuant to law, on January 9, 2001 conducted a public hearing and the subject application was continued for sixty (60) days to March 13, 2001; and WHEREAS, the Lynwood Planning Commission, pursuant to law, on December 12, 2000 conducted a public hearing on the subject application and the item was continued to the next regular meeting; and WHEREAS, the Community Development Department has determined that the proposal may have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures have been added to the project to reduce possible impacts to a level of insignificance. Section 1. The Lynwood City Council hereby finds and determines as follows: A. The site of the proposed project is adequate in size and shape to accommodate expansion of an existing restaurant and dance hall within an existing multiple tenant building. B. The proposed project, subject to conditions, will not have a negative effect on the value of surrounding properties or interfere with or endanger the public, health, safety or welfare provided conditions of approval are completed and maintained. H:\WORDFILEIPLANNINGUtESOSkeso.appea12001-02.approve.doc - ~ - C. The granting of the Conditional Use Permit will not adversely affect the General Plan and is consistent with the General Plan Land Use Designation. D. The granting of the Conditional Use Permit is in compliance with all provisions set forth in the Lynwood Municipal Code provided a Zone Change is approved. Section 2. The City Council of the City of Lynwood, based upon the aforementioned findings and determinations, hereby approves Conditional'Use Permit No. 2000-31 upholding the decision of the Planning Commission; and denies Appeal No. 2001-02; provided the following conditions are observed and complied with at all times. COMMUNITY DEVELOPMENT DEPARTMENT 1. The proposed development shall comply with all applicable regulations of the Lynwood Municipal Code, the California Building Code, the Health and Safety Code and the Los Angeles County Fire Code. 2. Any proposed subsequent modification of the subject site or structures thereon shall be first reported to the Community Development Department, Planning 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. PLANNING DIVISION 4. All applicable construction permits and approvals for the 2,890 square foot expansion of the business shall be obtained within one hundred eighty {180) days from date of approval. 5. The applicant shall implement and maintain a detailed traffic circulation and parking plan within ninety (90) days of adoption by the City Council. 6. The applicant shall implement and maintain a detailed lighting plan for the parking lots areas and the exterior of the business within ninety (90) days of adoption by the City Council. 7. All parking and traffic circulation areas under EI Farallon lease shall be repaved and slurry sealed. All parking stalls shall have double-stripe delineation and provide concrete bumper stops within ninety {90) days of adoption by the City Council. 8. This conditional use permit approval is contingent upon adoption of an ordinance approving Zone Change No. 2000-03 by the Lynwood City Council. Denial of Zone Change No. 2000-03 would make this conditional use permit approval null and void. 9. The applicant shall paint the exterior of the business within forty-five (45) days of adoption by the City Council. Colors shall be reviewed and approved by the Redevelopment Division. 10. The applicant shall implement a comprehensive security plan as approved by the Los Angeles County Sheriff Department within ninety (90) days of adoption by . the City Council. Such security plan shall be maintained for the life of the conditional use permit. 2 11. The applicant shall submit a detailed sign plan to be reviewed and approved prior to the issuance of building permits. Such sign plans shall include individual channels letters and a maximum twenty-five percent (25%) window signage. 12. Their shall be no adult entertainment activities pursuant to Lynwood Municipal Code Section 25-16.19. 13. The subject conditional use permit shall be brought back to the Planning Commission for review of said conditions within six (6) months of approval. 14. All conditions of approval shall be printed on the cover page of revised plans. 15. The applicant shall provide proof of City Council lawful approval of a live entertainment permit, to the satisfaction of the City Clerk. 16. The hours of operation of the dance hall shall be between 8:00 p.m. and 2:00 am. unless the time period is more restricted as outlined in the Los Angeles County Sheriff Department's Security Plan. 17. The applicant shall not exceed building occupancy loads as established under the Uniform Building Code, Los Angeles County Fire Code, or more restrictive based on the Los Angeles County Sheriff security plan. BUILDING AND SAFETY DIVISION 18. All construction shall meet or exceed the minimum building standards that are referenced in the following codes: The Uniform Building Code - 1997 edition; The Uniform Plumbing Code - 1997 edition; The Uniform Mechanical Code - 1997 edition; The Uniform Fire Code - 1997 edition; The National Electric Code - 1996 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. 19. The applicant shall submit new sprinkler plans covering proposed expansion area. Such plan shall re reviewed and approved by the Plan Check Engineering consultant. Applicable permits shall be obtained. 20. The applicant shall provide a revised floor plan indicating accessible men's restrooms. Such plan shall be submitted to for plan check review. FIRE DEPARTMENT 21. Plans shall be submitted to the L. A. County Fire Department for plan check at the Fire Protection Division, 5823 Rickenbacker Road, Commerce, CA 90040- 3027, (323) 890-4243. CODE ENFORCEMENT DIVISION 22. The applicant shall remove existing window signage in excess of twenty-five _ percent (25%) of the gross window area. H:\WORDFILE\PLANMNGVtESOS4eso.appea12001-02.approve.doc - ~ - 23. The applicant shall obtain an electrical permit and remedy electrical code violations on the exterior of the business. Section 3. A copy of Resolution No. and its conditions shall be delivered to the applicant: Section 4. Any violation of said conditions in this resolution may result in revocation or modification of the Conditional Use Permit by the issuing body at a regularly scheduled meeting. PASSED, APPROVED and ADOPTED this day of 2001. ATTEST: PAUL H. RICHARDS II, Mayor City of Lynwood ANDREA L. HOOPER, City Clerk City of Lynwood RALPH W. DAVIS III, City Manager City of Lynwood APPROVED AS TO CONTENT: APPROVED AS TO FORM: GARY CHICOTS, Director of SHAN K. THEVER, City Attorney Community Development Department 4 ~l i~ ~ ~ V • ~ i .ir.T+~w~ ~ ~ -3 DATE: March 13, 2001 TO: Honorable Chair and Members of the Planning Commission FROM: Gary Chicots, Community Development Director BY: Grant Taylor, Senior Planner SUB]ECT: Zone Change 2000-03/Conditional Use Permit 2000-31 EI Farallon Restaurant/Dance Hall at 3551 Martin Luther King Jr. Blvd. BACKGROUND The business owner of the EI Farallon Restaurant and Dance Hall, Hermelio Franco, has applied for a zone change to change the zoning for the property known as Lynwood Plaza from CB-1 (Controlled Business) to C-3 (Heavy Commercial). In addition, the applicant has applied for a conditional use permit in order to: a) expand the existing restaurant and dance hall by 2,890 square feet; and b) remove the nonconforming status of the business; and c) remove the nonconforming status of the alcohol license. The subject property is located at 3551 Martin Luther King ]r. Boulevard within a CB-1 and the establishment totals approximately 14,779 square feet. The addition would bring the total floor area to 17,816 square feet. The business currently has the following active licenses: • City of Lynwood Business License • Dance Hall & Dance Club Permit • Live Entertainment Permit • Vending & Coin Operated Machines Permit • Alcoholic Beverage Control License There is no record of a conditional use permit for the business. Conditional use permits are required for dance halls and alcoholic beverages. City Council approval is required for live entertainment permits and no resolution or minute order is on file. The application was continued by the Planning Commission on December 12, 2001 and January 9, 2001. Extensive public comments, questions and concerns were raised and the item was continued for sixty (60) days to March 13, 2001. The business owner, the project architect, the Sheriff Department and City staff have worked on a proposed security plan. The plan would not only address the business itself, but would require security of a two (2) block area around the perimeter of the Lynwood Plaza. Such security plan would restrict ingress and ingress on residential streets and would force patrons to exit the property on Martin Luther King Jr. Boulevard. The business owner would contract with the Sheriff Department for the life of the conditional use permit to provide uniformed Deputies in the Lynwood Plaza and surrounding neighborhoods. DISCUSSION Lynwood Municipal Code (LMC) Section 25-7(b) identifies permitted uses within the CB-1 zone. Dance halls or nightclubs are not a permitted use. LMC Section 2507.2(c) identifies prohibited uses and states that any business, use or institution that is specifically authorized in other zones is prohibited in the CB-1 zone. LMC Section 25-10.1(f)(1) \\LYN_SRV 1\VOL3\WORDF[LE\PLANNING\STAFFRP71cup.zc.elfarallon.cc.dpc identifies dance halls as permitted subject to a conditional use permit within the C-3 (Heavy Commercial) zone, therefore, dance halls are prohibited in the CB-1, C-2 and C-2A zones. Applying for a conditional use permit alone will not satisfy code requirements, therefore a zone change application has also been filed. In December of 1999 the applicant applied for a conditional use permit to expand, but the application was rejected and his money refunded due to the nonconforming status of the business. The Lynwood General Plan Land Use Map designates the property as commercial and the applicant has applied for a zone change from CB-1 to C-3 that would be consistent with the General Plan. There are several issues involving the zone change request. EI Farallon is part of a large multiple tenant building and the Lynwood Plaza consists of eight (8) separate property owners. It would not make good planning sense to only designate EI Farallon as C-3; the entire Lynwood Plaza would need to be addressed as a whole. A C-3 zoning designation would allow additional land uses that could be more intensive such as auto repair, equipment rental yard, equipment storage yard, feed and fuel yard, and dog kennels. The parking within Lynwood Plaza is sufficient to accommodate the expansion, the building could support the occupancy load, and the building has fire sprinklers. The primary issue is activities in the parking lot and surrounding neighborhood. The comprehensive security plan was developed to address those issues. The business is classified as nonconforming and subject to provisions set forth in LMC Section 25-15. Non-conforming buildings and uses are not permitted to expand or intensify the land use. In addition, there is an amortization period of ten (10) years in commercial zones in which nonconforming uses shall be abated pursuant to LMC Section 25-15.6(b). It does not appear that the City has enforced any abatement schedule and there is a question if the LMC nonconforming and abatement code sections are legally enforceable. One way to approve the proposed expansion would be for staff to perform a Zoning Ordinance Amendment to permit dance halls, nightclubs, etc. within CB-1 zones subject to a conditional use permit. LMC Section 25-27 permits property owners or their authorized agents to initiate a change of zoning designation. OPTIONS The Planning Commission has four (4) options to consider regarding this application. 1) Deny the zone change and conditional use permit. 2) Approve the zone change and conditional use permit subject to strict conditions. 3) Direct staff to perform a Zoning Ordinance Amendment to allow dance halls, nightclubs, etc. in the CB-1 zone subject to a conditional use permit. 4) Continue the application and further direct staff. Denial of the applications would leave anon-conforming business with no conditional use permit and no conditions of approval. The result of a nonconforming business would be continued problems with cruising, loitering and police issues. In addition, other uses within Lynwood Plaza would remain nonconforming. Support of the conditional use permit and zone change would include mandatory and specific conditions of approval in order to protect the health, safety, and general welfare of citizens working and residing in the area. 1\LYN_SRV 1\VOL3\WORDFILE\PLANK[NG4STAFFRPT~cup.zc.elfarallon.cc.d~c Conditions would include implementing a security .plan reviewed and approved by the Sheriff Department; implementing an exterior lighting plan; implementing and parking plan; submitting a new fire sprinkler plan; and submitting .for building plan check. If conditions of approval are implemented and adhered to, the required findings in LMC Section 25-25.7 could be made to approve the project. In addition, a Mitigated Negative Declaration has been prepared and appropriate mitigation measures would be required in order to reduce possible negative impacts to a level of insignificance. The rezone would make not only EI Farallon conforming, but at least one other current non-conforming business establishment would become a permitted use. If a zoning ordinance amendment were performed, the Planning Commission and City Council would table the zone change and conditional use permit applications until review and public hearings for the zoning ordinance amendment were conducted. Staff does not recommend this option. Continuing this item again would serve no purpose. Staff does not recommend this option. SUMMARY & CONCLUSION The zone change (ZC) would have to be approved first, otherwise the conditional use permit (CUP) would be null and void. If the ZC and CUP were approved, both items would be required to be heard before the City Council. The ZC requires approval of an ordinance by the City Council. There is a fifteen (15) day appeal period in which the decision of the Planning Commission may be appealed to the City Council. The City needs to carefully review and enforce the need to protect surrounding residential properties from deleterious affects of unregulated businesses. The City also needs to be mindful that businesses with historical enforcement problems need to be given adequate opportunity to comply before aggressive enforcement is contemplated. A zone change and conditional use permit with conditions is a good first step in ensuring that the business as well as residents issues are taken into consideration and resolved in a timely manner. If the applicants fail to abide by the conditions set forth in the resolution, the City can consider other options including revocation of the conditional use permit and business licenses. RECOMMENDATION Staff respectfully recommends that the Planning Commission choose one of two options: Auprove 1) Certify the Mitigated Negative Declaration; and Adopt Resolution 2814 and Approve Zone Change No. 2000-03; and Adopt Resolution 2812 and Approve Conditional Use Permit No. 2000-31. OR Denv 2) Deny the Mitigated Negative Declaration; and Adopt Resolution 28214 and Deny Zone Change No. 2000-03; and Adopt Resolution 28212 and Deny Conditional Use Permit No. 2000-31. \V.YN_SRV 1\VOL3\WORDFILE\PLANK[NG\STAFFRP71cup.zc.elfanllon.cc.d~c Attachments: Project Profile Location Map Sheriff Report Resolution 2814 (Approve ZC) Resolution 2812 (Approve CUP) Resolution 2814 (DENY ZC) Resolution 2812 DENY CUP) Environmental Documentation Security Plan Lighting Plan Traffic/Parking Plan Floor Plan 1V.YN_SRV 1\VOL3\WORDFILE\PLANNING\S'fAFFRPilcup.zc.elfarallon.cc.c~c PROJECT PROFILE Zone Change 2000-03 & Conditional Use Permit 2000-31 3551 Martin Luther King ]r. Boulevard 1. Source and Authority Lynwood Municipal Code (LMC) Section 25-7(b) identifies permitted uses in the CB-1 zone; LMC Section 25-7.2(c) identifies prohibited uses in the CB-1 zone; LMC Section 25-10.a(f)(1) identifies dance halls as conditionally permitted in the C-3 zone; LMC Section 25-15 addressed nonconforming land uses and structures; LMC Section 25-25.7 sets forth required findings to approve a conditional use permit; LMC Section 25-27 addresses zone changes. 2. Property Size and Location The Lynwood Plaza is triangular in shape and bounded by Abbott Road to the north; Norton Avenue to the south; Martin Luther King Jr. Boulevard to the east; and San Luis Avenue to the west. The Lynwood Plaza is comprised of five (5) buildings, eight (8) parcels and totals approximately 551,890 (12.67 acres) square feet in area. Currently, EI Farallon totals 14,779 square feet. The proposed expansion is 2,890 square feet that would bring the business total to 17,816 square feet. 3. Existing Land Uses Subject: Multiple Tenants Commercia North: Single-Family Residential South: Commercial East: Commercial West: Single-Family Residential 4. Land Use Designations General Plan Zoning Subject: Commercial CB-1 (Controlled Business) North: Single-Family Resid. R-1 (Single-Family Residential) South: Commercial H-M-D (Hospital-Medical-Dental) East: Commercial CB-1, C-2 and H-M-D West: Single-Family Resid. R-1 (Single-Family Residential) 5. Site Plan Review The Site Plan Review Committee has reviewed the proposed project and recommended conditions of approval are included in Resolution 2812. 6. Zoning Enforcement History The business is currently nonconforming and has an extensive police response record. (See attached report) 7. Public Response At the last Planning Commission meetings on December 12, 2000 and January 9, 2001, extensive public testimony was provided. \U.YN_SRV 11VOL3\WORDF[LE\PLANNING\STAFFRPT\cup2000-3 Ldoc 4 ABBOT ~. i~ ®y°0` 9~Sr' ~~ ~ ~ '1\'~T?\!~~\~y' C S„ W Q ~. ~~ ~~ ~~L d PLOT PLAN ~-E S 1~za t~e~1~~~i ,~ ELF ___ ~ _ y A-RAI,LON NIGHT CLUB e~ P~p;~<n-UC ~ ~~src~ AND RESTAURA.N1' 8050 E. Florence Rve., see. Qob 3551 Martin Luther King Jr. Blvd. °o'"~~'~- c~ ~'o~~o Lynwood, Ca 90262 1~ (~b9) ~2a-~o~v '- - ~ .~ • - ~:., Rpt. 'ID: G-001-D "'' "' F REPORT DAT Event Date Incident Date Range Tim=ge R D ROBE - Address • - ERY, STRONG-ARM _ STAT CD. 041 ROBBERY, STRONG-ARM: Highway, Etc. \ ~'~ osrz7/2oo0 os/27/2000 21:30 2112 3551 1 ROBBERY, STRONG-ARM: Highway, Etc. MARTIN LUTHER KING BLVD 1 ROBBERY, STRONG-ARM ASSAULT, FELONY STAT CD. 051 ASSAULT, FELONY: ADW -Gun 03/26/2000 03/26/2000 01:55 2112 3551 MARTIN LUTHER KING BLVD 1 ASSAULT, FELONY: ADW -Gun 1 ASSAULT, FELONY ASSAULT, FELONY STAT CD. 053 ASSAULT, FELONY: ADW -Other Dangerous Weapon 02/15/2000 02/15/2000 02/15/2000 01:21 01:21 2112 3551 1 ASSAULT, FELONY: ADW -Other Dangerous W ponlN LUTHER KING BLVD 1 ASSAULT, FELONY ASSAULT, FELONY STAT CD. 054 ASSAULT, FELONY: ADW -Hands, Feet, Fist, Etc. 03/12/2000 03/12/2000 03/12/2000 01:15 01:15 2112 3551 1 ASSAULT, FELONY: ADW _ MARTIN LUTHER KING BLVD 1 ASSAULT, FELONY Hands, Feet, Fist, Etc. GRAND THEFT STAT CD. 089 GRAND THEFT: Other (From Boat, Plane, Prot Res, Yard, Etc) 05/30/2000 05/29/2000 05/30/2000 23:30 01:30 2112 3551 1 GRAND THEFT: Other (From Boat, Plane, Prvt Res YardLE C)ER KING BLVD 1 GRAND THEFT GRAND THEFT VEHICLE (GTA) STAT CD. 091 GRAND THEFT VEHICLE (GTA): Automobile/Passenger Van 02/08/2000 02/07/2000 02/08/2000 23:00 01:30 2112 3551 05/23/2000 05/23/2000 MARTIN LU 05/29/2000 07 05/29/2000 17.06 2i 12 3551 THER KING MARTIN LUTHER KIN BLVD /04/2000 07/03/2000 07/04/2000 22:00 2112 3551 G KING BLVD 02/08/2000 07 02/07/2000 01:30 02/08/2000 23:00 01 3 2112 3551 KING BLVD /23/2000 08/26/2000 07/22/2000' : 0 07/23/2000 22:00 03:00 2112 2112 3551 3 MARTIN LUTHER KING BLVD BLVD 08/28/2000 08/26/2000 08/28/2000 02:32 2112 551 3551 MARTIN LUTHER KING BLVD 08/28/2000 08/27/2000 08/28/2000 22:00 02:00 2112 3551 MARTIN LUTHER KING MARTIN LUTHER KING BLVD 9 GRA ND THEFT VEHICLE 2112 3551 HER KING (GT 9 GRAND THEFT VEHICLE A): Automobile/P assenger Van BLVD ASS (GTA) AULT, MISDEMEANOR STAT CD. 144 ASSAULT, MISDEMEANOR: Hands, Feet, Fist, Etc. 01/15/2000 01/15/2000 05/23/2000 05/23/2000 00:45 2112 3551 01:20 MARTIN LUTHER KING BLVD 2 ASSAULT, MISDEMEANOR: Hands 3Feet, Fist, EtM?RTIN LUTHER KING BLVD 2 ASSAULT, MISDEMEANOR VEHICLE AND BOATING LAWS STAT CD. 255 VEHICLE AND BOATING LAWS: Misdemeanor 01/09/2000 01/09/2000 01/16/2000 01/16/2000 19.18 2112 3551 20:00 MARTIN LUTHER KING BLVD 05/06/2000 05/06/2000 2112 3551 MARTIN LUTHER KING BLVD 02:10 2112 3551 3 VEHICLE AND BOATING LAWS: Misdemeanor MARTIN LUTHER KING BLVD 3 VEHICLE AND BOATING LAWS VEHICLE BURGLARY STAT CD, 340 VEHICLE BURGLARY: Auto/Passenger Van Burglary ~~T:.~YA~~TT~`iSr'ic`-2KiG.2::FS•so~.~aarw~.s..~.-....-__.__._ ~` ~'~ 2000-05 2000-030 2000-0477 2000-10257 2000-02620 2000-09817 2000-10206 2000-12869 2000-13106 2000-14295 2000-16705 2000-16833 2000-16835 2000-00957 2000-09768 2000-00576 2000-01065 2000-08660 Version: 2.05.10.0 I- ~-~ -~~ ~S-/~-o ~~ iV a Syscem: [,ARCts ,,,,,,, Los Angeles Coun _RPC. tf~: ~-oot-1D. CRIME INFORMATION Ft, ment By STAT CODE $ ORT RD: 2112, 3551 REPORT DATE:09/09/2000 to 08/.?1~nnn _~~- ~~•~ ~~~~~aent uate Range Tim= a R_D VEHICLE BURGLARY Address i 04/23/2000 04/23/20000 04/23/2 00 B 5:R15 1b30. 2112 3551 nger Van Burglary 1 VEHICLE BURGLARY: Auto/Passenger Van Burg aAryTIN LUTHER KING BLVD 1 VEHICLE BURGLARY THEFT, PETTY ($400 OR LESS) STAT CD. 389 THEFT, PETTY ($400 OR LESS): Other (From Prot Res, Boat, Plane,Yard) 06/20/2000 06/13/2000 06/13/2000 00:00 01:00 2112 3551 1 THEFT, PETTY ($400 OR LESS): Other (From Prot ResNBo tHP ane,Yard LVD 1 THEFT, PETTY ($400 OR LESS) MISDEMEANORS, MISCELLANEOUS STAT CD. 399 MISDEMEANORS, MISCELLANEOUS: All Other Misdemeanors 03/06/2000 03/06/2000 03/06/2000 02:43 02:43 2112 3551 08/13/2000 08/13/2000 MARTIN LUTHER KING BLVD 22.02 2112 3551 MARTIN LUTHER KING BLVD 2 MISDEMEANORS, MISCELLANEOUS: All Other Misdemeanors 2 MISDEMEANORS, MISCELLANEOUS NON-CRIMINAL STAT CD. 442 NON-CRIMINAL: Property Lost/Found/Recovered 02/05/2000 01/29/2000 23.41 2112 3551 MARTIN LUTHER KING BLVD 1 NON-CRIMINAL: Property Lost/Found/Recovered 1 NON-CRIMINAL TOTAL Cases 24 APB X Street Date ~ Time 09/13/200012:4 'age: 2 of 2 File Numbe 2000-07721 2000-11877 2000-04368 2000-15772 2000-02453 Version: 2.05.10.0 System: [.AItCtS ' ~ Rpt. ID: G-001-D Los An Sheriffs A- ~tment RD: 2112, REPORT DATE: 01/01/2000 to 0 Date 8~ Tune 09/12/200012: went uate Incident Date Range Time Range R_D 1/'2000 Page: 1 of 1 -________ Address GRAND THEFT APB X_Street File Numb STAT CD. 089 GRAND THEFT: Other (From Boat, Plane, P 02/25/2000 02/25/2000 rvt Res, Yard, Etc) 19:30 2112 3555 MARTIN LUTHER KING BLVD g 1 GRAND THEFT: Other (From Boat, Plane, Prot Res, Yard, Etc) 1 GRAND THEFT 2000-0377 VEHICLE BURGLARY STAT CD. 340 VEHICLE BURGLARY: Auto/Passenger Van Burglary 02/04/2000 02/03/2000 02/04/2000 10:30 01:30 2112 3555 1 VEHICLE BURGLARY: Auto/Passenger Van Burg aryTIN LUTHER KING BLVD ~ VEHICLE BURGLARY 2000-02361 NON-CRIMINAL STAT CD. 444 NON-CRIMINAL: Suspicious Circumstances, Possible Criminal Activity 06/18/2000 06/18/2000 19:00 2112 3555 MARTIN LUTHER KING BLVD 1 NON-CRIMINAL: Suspicious Circumstances, Possible Criminal Activity G ~ NON-CRIMINAL 2000-11738 TOTAL Cases 3 Version: 2.05.10.0 LOCATION MAP c-~ _ _ ~^ ~h h h ' 1. . 2x . I. SO J7^t ~.X ~` I. ~ ~. SO # :r i ~# Nti A ~ n e ~ ^ SO ~ g ~ ABBOTT ~ d h :: a-~"_ ~ ° ~pp ~ O 1 ~ ~~ I ~~ ae \~~ \ n~ \ Z~ ~~ ~~ ~~' `x M h " ~ F h'ti ~ ?I .Ji ',~,~ e~ ~1I'H1 2 ~~ ~ a h,. ROAD 0 ° ABBOTT ~~ sa7e a 9f.19 = i. ~/ ~ /~~u2 / ~p ~~ SO ) P ~ ~'ie ~ j ~ ~ J 2/ ~/ d j ° o~y/ Q ~c~ 0 10 ~ /~j' e7 a /°.~~/ /pi 11 JVI /i ~01 J, Oj /j0 f J f Yi. I~ ~ M I{ n 40 ~ o h o // o ° ' Q e~/0 .. .. ~ ri .:!I JG ~..GS 3/ -~`~' La§ .03E ~b 67 - " i S~ ~( 2//qJ V J! 1' ~. ~ 20.e~v W ma y • to/ '~ 0 , ~ JS N j ui I! 69 0 ~ ~~~ A~ ~L 2 / I 4 .Q tes tt vQ~ o ~ ` % H v weNUE h .~°. M7RTON . ~ / y SO SO ~ 1 I . E' 25 / so ss« n ~q, ! .9 ~~ 3ffi 7S CascNo. ZONE CHANGE 2000-03 & CONDITIONAL USE PERMIT 2000-31 Site Address: 3551 MARTIN LUTHER KING JR. BOULEVARD Applicant Name: HERMELIO FRANCO [ ] 300' or [ ) 500' Radius Ma~~ RESOLUTION 2814 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD, APPROVING ZONE CHANGE NO. 2000-03 WITH RESPECT TO TRACT 20680, LOTS 70 and 71; ASSESSOR'S MAP BOOK 6191 PAGE 18 PARCELS 001, 002, 003, 004, 005, 006, 007, 008 AND 009; ALSO KNOWN AS THE LYNWOOD PLAZA AND BORDERED BY ABBOTT ROAD TO THE NORTH; MARTIN LUTHER KING, JR. BOULEVARD TO THE WEST; SAN LUIS AVENUE TO THE EAST; AND NORTON AVENUE TO THE SOUTH, LYNWOOD CALIFORNIA FROM CB-1 (CONTROLLED BUSINES) TO C-3 (HEAVY COMMERCIAL). WHEREAS, the Planning Commission of the City of Lynwood did pursuant to law, conducted a public hearing on March 13, 2001 on a proposed Zone Change regarding the above-identifies properties; and WHEREAS, the Planning Commission of the City of Lynwood did pursuant to law, conducted a public hearing on January 9, 2001 on a proposed Zone Change regarding the above-identified properties and the item was continued to March 13, 2001; and WHEREAS, the Planning Commission of the City of Lynwood did pursuant to law, conducted a public hearing on December 12, 2000 on a proposed Zone Change with respect to the above-identified properties and continued the item; and WHEREAS, the Community Development Department has determined that the proposal could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures have been added to the project to reduce possible impacts to a level of insignificance; and WHEREAS, the Planning Commission has determined that C-3 (Heavy Commercial) zoning of these properties would be consistent with the Goals and Policies of the General Plan. Section 1. The Planning Commission hereby finds and determines as follows: A. The proposed Zone Change will be consistent with the objectives and the development policies of the City of Lynwood. B. The proposed Zone Change will not unreasonable constrain the use of property by landowners and developers. C. The Proposed Zone Change will not adversely affect the General Plan. D. A Heavy Commercial zoning designation of the subject properties would be compatible with surrounding land uses. E. A Zone Change from Controlled Business to Heavy Commercial would be consistent with the Goals and policies of the General Plan. F. At least two (2) non-conforming properties would become legal properties and business establishments. \\LYN_SRV 1\VOL3\WORDFILE\PLANNtNG1RESOS\reso2814.doc .,.-*, G. The rezoning would allow property owners additional land uses that could be established and operated. H. The infrastructure is adequate to support the rezoning. Section 2. The Planning Commission of the City of Lynwood, based upon the aforementioned findings and determination hereby approves Zone Change No. 2000-03. PASSED, APPROVED AND ADDOPTED this 13t" day of March, 2001. AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM: Glenn Calsada, Deputy City Attorney Planning Commission 4U.YN_SRV 1\VOL3\WORDF]LE4PLANNINGSRESOStreso2814.doc Donald Dove, Chairperson Lynwood Planning Commission APPROVED AS TO CONTENT: Grant Taylor, Senior Planner Community Development Department 2 RESOLUTION NO. 2812 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2000-31 PERMITTING THE EXPANSION OF AN EXISTING RESTAURANT AND DANCE HALL (EL FARALLON) AT 3551 MARTIN LUTHER KING JR. BOULEVARD, IN THE CB-1 (CONTROLLED BUSINESS) ZONE, LYNWOOD, CALIFORNIA WHEREAS, the Lynwood Planning Commission, pursuant to law, on March 13, 2001 conducted a public hearing on the subject application; and WHEREAS, the Lynwood Planning Commission, pursuant to law, on January 9, 2001 conducted a public hearing and the subject application was continued for sixty (60) days to March 13, 2001; and WHEREAS, the Lynwood Planning Commission, pursuant to law, on December 12, 2000 conducted a public hearing on the subject application and the item was continued to the next regular meeting; and WHEREAS, the Planning Commission considered all pertinent testimony offered at the public hearings; and WHEREAS, the Community Development Department has determined that the proposal may have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures have been added to the project to reduce possible impacts to a level of insignificance. Section 1. The Planning Commission hereby finds and determines as follows: A. The site of the proposed project is adequate in size and shape to accommodate expansion of an existing restaurant and dance hall within an existing multiple tenant building. B. The proposed project, subject to conditions, will not have a negative effect on the value of surrounding properties or interfere with or endanger the public, health, safety or welfare provided conditions of approval are completed and maintained. C. The granting of the Conditional Use Permit will not adversely affect the General Plan and is consistent with the General Plan Land Use Designation. D. The granting of the Conditional Use Permit is in compliance with all provisions set forth- in the Lynwood Municipal Code provided a Zone Change is approved. Section 2. The Planning Commission of the City of Lynwood, based upon the aforementioned findings and determinations, hereby approves Conditional Use Permit No. 2000-31, provided the following conditions are observed and complied with at all times. 1\LYN_SRV 1\VOL3\WORDFILE\PLANNING\AESOSIreso2812.doc COMMUNITY DEVELOPMENT DEPARTMENT 1. The proposed development shall comply with all applicable regulations of the Lynwood Municipal Code, the California Building Code, the Health and Safety .Code and the Los Angeles County Fire Code. 2. Any proposed subsequent modification of the subject site or structures thereon shall be first reported to the Community Development Department, Planning 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. PLANNING DIVISION 4. All applicable construction permits and approvals for the 2,890 square foot expansion of the business shall be obtained within one hundred eighty (180) days from date of approval. 5. The applicant shall implement and maintain a detailed traffic circulation and parking plan within ninety (90) days of adoption by the City Council. 6. The applicant shall implement and maintain a detailed lighting plan for the parking lots areas and the exterior of the business within ninety (90) days of adoption by the City Council 7. All parking and traffic circulation areas under EI Farallon lease shall be repaved and slurry sealed. All parking stalls shall have double-stripe delineation and provide concrete bumper stops. 8. This conditional use permit approval is contingent upon approval and adoption of Zone Change No. 2000-03 by the Lynwood City Council. Denial of Zone Change No. 2000-03 would make this conditional use permit approval null and void. 9. The applicant shall paint the exterior of the business within forty-five (45) days of adoption by the City Council. Colors shall be reviewed and approved by the Redevelopment Division. 10. The applicant shall implement a comprehensive security plan as approved by the Los Angeles County Sheriff Department within ninety (90) days of adoption by the City Council. Such security plan shall be maintained for the life of the conditional use permit. 11. The applicant shall submit a detailed sign plan to be reviewed and approved prior to the issuance of building permits. Such sign plans shall include individual channels letters and a maximum twenty-five percent (25%) window signage. 12. Their shall be no adult entertainment activities pursuant to Lynwood Municipal Code Section 25-16.19. 13. The subject conditional use permit shall be brought back to the Planning Commission for review of said conditions within six (6) months of approval. 14. All conditions of approval shall be printed on the cover page of revised plans. 15. The applicant shall provide prrof of City Council lawfully approval a live entertainment permit, to the satisfaction of the City Clerk. 2 16. The hours of operation of the dance hall shall be between 8:00 p.m. and 2:00 am. unless the time period is more restricted as outlined in the Los Angeles County Sheriff Security Plan. 17. The applicant shall not exceed building occupancy loads as established under the Uniform Building Code, Los Angeles County Fire Code, or more restrictive based on the Los Angeles County Sheriff security plan. BUILDING AND SAFETY DIVISION 18. All construction shall meet or exceed the minimum building standards that are referenced in the following codes: The Uniform Building Code - 1997 edition; The Uniform Plumbing Code - 1997 edition; The Uniform Mechanical Code - 1997 edition; The Uniform Fire Code -1997 edition; The National Electric Code - 1996 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. 19. ,The applicant shall submit new sprinkler plans covering proposed expansion area. Such plan shall re reviewed and approved by the Plan Check Engineering consultant. Applicable permits shall be obtained. 20. The applicant shall provide a revised floor plan indicating accessible men's restrooms. Such plan shall be submitted to for plan check review. FIRE DEPARTMENT 21. Plans shall be submitted to the L. A. County Fire Department for plan check at the Fire Protection Division, 5823 Rickenbacker Road, Commerce, CA 90040- 3027, (323) 890-4243. CODE ENFORCEMENT DIVISION 22. The applicant shall remove existing window signage in excess of twenty-five percent (25%) of the gross window area. 23. The applicant shall obtain an electrical permit and remedy electrical code violations on the exterior of the business. Section 3. A copy of Resolution No. 2812 and its conditions shall be delivered to the applicant: Section 4. Any violation of said conditions in this resolution may result in revocation or modification of the Conditional Use Permit by the issuing body at a regularly scheduled meeting. \U.YN_SRVI\VOL3\WORDFILEIPLANNINGiRESOSkeso2812.doc - ~ - APPROVED this 13"' day of March, 2001 by members of the Planning Commission, voting as follows: AYES NOES ABSENT: ABSTAIN APPROVED AS TO CONTENT: Donald Dove, Chairperson APPROVED AS TO FORM: Grant Taylor, Senior Planner Glenn Calsada, Community Development Department Planning Commission Counsel 4 RESOLUTION NO. 2814 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD DENYING ZONE CHANGE NO. 2000-03, A REQUEST TO CHANGE THE ZONING FROM CB- 1 (CONTROLLED BUSINESS) TO C-3 (HEAVY COMMERCIAL) FOR THE LYNWOOD PLAZA, LYNWOOD, CALIFORNIA. THE SUBJECT PROPERTY IS FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBERS 6191-018-001, 002, 003, 005, 006, 007, 008, AND 009; TRACT 20680, LOTS 70 and 71; 3539 THROUGH 3595 MARTIN LUTHER KING JR. BOULEVARD AND 3706 THROUGH 3898 ABBOTT ROAD. WHEREAS, the Lynwood Planning Commission, pursuant to law, on December 12, 2000 conducted a public hearing on the subject application and continued the item to the next regular meeting; and WHEREAS, the Lynwood Planning Commission, pursuant to law, on January 9, 2001 conducted a public hearing on the subject application and continued the item for sixty (60) days; and WHEREAS, the Lynwood Planning Commission, pursuant to law, on March 13, 2001 conducted a public hearing on the subject application; and WHEREAS, the Planning Commission considered all pertinent testimony offered at the public hearings; and WHEREAS, the Director of Community Development has determined that the proposal may have a significant effect on the environment, there may not be a significant effect in this case as mitigation measures were developed to reduce possible negative impacts to a level of insignificance, pursuant to provisions of the California Environmental Quality Act (CEQA) Guidelines as amended; Section 1. The Planning Commission hereby finds and determines as follows: A. The proposed project may adversely effect the comprehensive General Plan. The proposed zone change may allow more intensive and/or obtrusive land uses to establish. B. The proposed location of the zone change may not be in accord with the objectives of the zoning code. Additional land uses permitted in a less restrictive commercial zone may not be able to comply with required development standards. C. The proposed location of the zone change may be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The land uses permitted in a less restrictive commercial zone may negatively impact properties in the vicinity.. NLYN_SRVI5VOL3\WORDFILE\PLANK[NG\RESOS\reso.2814.deny.dot _ ~ _ D. The effects of the zone change may not have the implementation of mitigation measures that would reduce negative impacts on properties in the vicinity to a level of insignificance. Such mitigation measures would pertain to effects on noise, light and glare, transportation/circulation, and public services. Section 2. The Planning Commission of the City of Lynwood, based upon the aforementioned findings and determinations, hereby denies Zone Change No. 2000-03. ection 3. A copy of the Resolution No. 2814 shall be delivered to the applicant. DENIED this 13th day of March, 2001 by members of the Planning Commission, voting as follows: AYES NOES ABSENT: ABSTAIN APPROVED AS TO CONTENT: Grant Taylor, Senior Planner Community Development Donald Dove, Chairperson APPROVED AS TO FORM: Glenn Casada, Planning Commission Counsel 2 RESOLUTION NO. 2812 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD DENYING CONDITIONAL USE PERMIT NO. 2000- 31, A REQUEST TO EXPAND AN EXISTING RESTAURANT AND DANCE HALL {EL FARALLON) AT 3551 MARTIN LUTHER KING JR. BOULEVARD, IN THE CB-1 (CONTROLLED BUSINESS) ZONE, LYNWOOD, CALIFORNIA WHEREAS, the Lynwood Planning Commission, pursuant to law, on December 12, 2000 conducted a public hearing on the subject application and continued the item to the next regular meeting; and WHEREAS, the Lynwood Planning Commission, pursuant to law, on January 9, 2001 conducted a public hearing on the subject application and continued the item for sixty (60) days; and WHEREAS, the Lynwood Planning Commission, pursuant to law, on March 13, 2001 conducted a public hearing on the subject application; and WHEREAS, the Planning Commission considered all pertinent testimony offered at the public hearings; and WHEREAS, the Director of Community Development has determined that the proposal may have a significant effect on the environment, there may not be a significant effect in this case as mitigation measures were developed to reduce possible negative impacts to a level of insignificance, pursuant to provisions of the California Environmental Quality Act (CEQA) Guidelines as amended; Section 1. The Planning Commission hereby finds and determines as follows: A. The proposed project may adversely effect the comprehensive General Pian, specifically the following goals and policies: 1) Ensure that residential neighborhoods are protected from the encroachment of incompatible activities or land uses which may have a negative impact on the residential environment. (Land Use Element, Policy 3, page LU-19) 2) Prevent and mitigate the adverse impacts of noise from internal and external sources on Lynwood residents. (Circulation Element, Goal 1, page N-5) 3) Provide a pattern, scale, and design of land uses which promote individual safety. (Safety Element, Policy 5, page S-12) B. The proposed location of the conditional use (i.e. the expansion) may not be in accord with the objectives of this chapter and and the purpose of the zone in which the site is located. The zoning code strives to provide land uses and commercial establishments that serve the needs of residents city wide. The subject business may be creating negative impacts on adjacents residential land uses. \\LYN_SRVIIVOL3\WORDFILE\PLANNMG\RESOS\RES0.2812.DENY.doc - t - C. The proposed location of the conditional use and the conditions under which it operates or maintained may be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The establishment has a negative history of excessive police response requests. Residents have testified of criminal activities and disturbance of their peace and welfare. D. The conditional use may not comply with each of the applicable provisions of the zoning chapter. The Lynwood Municipal requires dance ha(Is and establishments that serve alcohol to have a conditional use permit and this business does not. E. The applicant has not demonstrated that he has implemented mitigation measures that would reduce negative impacts on properties in the vicinity to a level of insignificance. Such mitigation measures pertain to effects on noise, light and glare, transportation/circulation, and public services. Section 2. The Planning Commission of the City of Lynwood, based upon the aforementioned findings and determinations, hereby denies Conditional Use Permit No. 2000-31. Section 3. A copy of the Resolution No. 2812 shall be delivered to the applicant: DENIED this 13th day of March, 2001 by members of the Planning Commission, voting as follows: AYES NOES ABSENT: ABSTAIN APPROVED AS TO CONTENT: Grant Taylor, Senior Planner Community Development Donald Dove, Chairperson APPROVED AS TO FORM: Glenn Casada, Planning Commission Counsel 2 NOTICE OF DETERMINATION To: Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, Ca. 95814 From: City of Lynwood Lynwood Redevelopment Agency 11330 Bullis Road Lynwood, Ca. 90262 County Clerk County of Los Angeles 500 West Temple Los Angeles, Ca. 90012 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 2151 of the Public Resources Code. Project Title: Zone Change No. 2000-03 & Conditional Use Permit No. 2000-31 State Clearinghouse Number: N/A Lead Agency: City of Lynwood, (310) 603-0220 Project Location-Specific: The subject properties are commercial structures within the Lynwood Plaza bounded by Abbott Road to the north; Norton Avenue to the south; Martin Luther King Jr. Boulevard to the west; and San Luis Avenue to the east. The property totals 551,890 square feet or 12.67 acres in area. The property is further described as Tract 20680, Lots 70 and 71; Assessor's Map Book 6191, Page 18, Parcels 001, 002, 003, 005, 006, 007, 008 and 009; located at 3539 Martin Luther King Jr. Blvd.; 3545 through 3581 Martin Luther King Jr. Blvd., -3595 Martin Luther King Jr. Blvd.; 3700 through 3706 Abbott Road and 3898 Abbott Road. Project Description: The proposed project consists of entitlements to construct a 2,890 square foot addition, within an existing structure, to an existing restaurant and dance hall, El Farallon, bringing the total area of the business to 17,816 square feet. The subject business is located at 3551 Martin Luther King Jr. Boulevard, APN 6191-018-008. This is to advise that the City of Lynwood as Lead Agency has approved the above-described Negative Declaration on January 9, 2001 and has made the following determinations regarding the above-described project. 1. The project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached sheet have been added to the project. 2. ~ A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures were made a condition of approval of the Project. 4. A Statement of Overriding Conditions was not adopted for this project. 5. Findings were not made pursuant to the provisions of CEQA. This is to certify that the Negative Declaration with comments and responses and record of project approval is available to the General Public at Lynwood City Hall ,"~.nnex, 11330 Bullis Road Lynwood, California 90262. Signature Title: Community Development Director, City of Lynwood Date: Date received for filing at County of Los Angeles: Date received for filing at OPR:_ \\L1Tf_SRV I\VOL3\WORDFILE\pLANNING\not.det.zc2000-03.cup2000-31.doc CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FEE EXEMPTION De Minimis Impact Findings Project Title: Zone Change No. 2000-03 & Conditions! Use Permit No. 2000-31 Project Site: 3551 Martin Luther King Jr. Boulevard, Lynwood Lynwood Plaza, 3539-3595 Martin Luther King & 3700-3798 Abbott Road Tract 20680, Lots 70 and 71 Assessor's Parcel # 6191-018-001, 2, 3, 5, 6, 7, 8 & 009. Applicant: Hermelio Franco 3551 Martin Luther King Jr. Boulevard Lynwood, CA 90262 Project Description: The proposed project consists of entitlement to construct an addition to an existing restaurant and dance hail. The initial study is based on a maximum 2,890 square feet. The subject property is located on a 551,890 square foot parcel or 12.67 acres within the new zoning designation of C-3 (Heavy Commercial). The area is bounded by Abbott Road to the north; Norton Avenue to the south; Martin Luther King Jr. Boulevard to the west; and San Luis Avenue to the east. Findings of Exemption: This project will not have an individual or cumulative adverse effect on fish and/ or wildlife resources in that the Initial Stud environmental review of the project nor the recordrof the proceedings for its alth royal identified any potential impacts to fish and game or such resources. pp Certification: I hereby certify that the lead agency has made the above findings of fact and that (based upon the initial study and hearing record) the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. Grant Taylor Senior Planner Title City of Lynwood Lead Agency Date 11LYN_SRV 11VOL31WORDFILE~PLANNINGIfish&game.3551 mlk.doc CITY OF LYNWOOD COMMUNITY DEVELOPMENT DEPARTMENT 11330 BULLIS ROAD LI'NWOOD, CA 90262 (310) 603-0220, Extension 326 NEGATIVE DECLARATION County Clerk Corporation Division, Room 106 Post Office Box 151 Los Angeles, Ca. 90053 RE: Negative Declaration for Zone Chan e No. 2000-03 and Conditional Use Permit No. 2000-31.3551 Martin Luther King Jr. Boulevard. L, nwood, To Whom It May Concern: Application has been filed with the City of Lynwood for approval of the project known as Zone Chan e No. 2000-0 and Conditional Use Permit No. 2000-31 located at at the Lynwood Plaza and bounded b~Abbott Road to the north Norton AvPn„P r~ i~~,o ~,,,.~>,. Td r i ro ert i further des ibed a Tra t 0 is 70 an 171uAsses lor's Man Book 6 I le Page 18 Parcel 001 002__p0~i gip- 06 007 008 and 00 located at 3539 Marti Luther Kin Jr. Blvd. 54 throw 5 1 Martin Luther Kin Jr. Blvd. 3595 Martin Luther Kin Jr. Blvd. 3700 throw h 706 A bott Road and 8 8 Abbott Road. The project is briefly described as: and dance hall ex and remove the non-conformin status of an existin li uor store and allow additional land uses for future development onditional Use Perm;t N., ~nnn ~, . ,, „___ would bring the business establishment total area to 17 819 square feet. In accordance with the authority and criteria contained in the California Environmental Quality Act, State Guidelines, and the City of Lynwood Guidelines for the implementation of the California Environmental Quality Act, the Department of Community Development of the City of Lynwood analyzed the project and determined that the project wilt not have a significant impact on the environment. Based on this finding, the Department prepared and hereby fled this NEGATIVE DECLARATION. A period of twenty-one (21) days from the date of filing of this NEGATIVE DECLARATION will be provided to enable public revie~,~ of the project specifications and this document prior to action on the project by the Ciiy of Lynwood. A copy of the project specification is on file in the offices of the Department of Community Development, City Hall 11330 Bullis Road, Lynwood, California. This Document is being filed in duplicate. Please acknowledge filing date and return the copy in the enclosed stamped, self- addressed envelope. Prepared and filed by: The Department of Community Dev lopment BY: - ~- rant Taylor, Senior P er h:lwordfi lelplannni ngltormsMegdec.doc Revised 07-27-98 CITY OF LYNWOOD COMMUNITY DEVELOPMENT DEPARTMENT ENVIRONMENTAL CHECKLIST FORM (To be completed by Lead Agency) I. BACKGROUND 1. Name of proponent: Hermilio Franco (EI Farallon Restaurant) 2. Address and phone number of proponent: 3551 Martin Luther Kind Jr Blvd Lynwood, Ca. 90262, 3. Date of checklist submitted: November 29.2000 4. Agency Requiring Checklist : City of Lynwood 5. Name of proposal, if applicable: Zone Change No 2000-03 and Conditional Use Permit No.2000-31 II. ENVIRONMENTAL IMPACTS (Explanation of all "YES" and "MAYBE" answers are required on attached sheets.) 1. Earth. Will the proposal results in: YES ~ MAYBE NO a) Unstable earth conditions or in changes in geologic substructures? X b) Disruption, displacements, compaction or overcovering of the soil? X c) Change in topography or ground surtace relief features? X d) The destruction, covering or modification of any unique geologic or physical features? X e.) Any increase in wind or water erosion of soils, either on or off the site? X f) Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? X g) Exposure of people of property to geologic hazards such as earthquake, landslides, mudslides, ground failure, or similar hazard? - X 2. Air. Will the proposal result in: H:\ W ORDF[ LEIPLANNIN G\FO RMS1ZC2000-03.EN V. DOC 1 .•-, --- YES MAYBE NO a) Substantial air emission or deterioration of ambient air quality? X b) The creation of obecjtionable odors? X c) Alterations of air movements, moisture, temperature, or any change in climate, either locally or regionally? X 3. Wa ter. Will the proposal result in: a) Changes in currents, or the course of direction of water movement, in either marine or fresh waters? X b} Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? X c) Alterations to the course or flow of flood waters? X d} Change in the amount of surface water in any water body? X e} Discharge into surface waters, or in any alterations of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? X f) Alterations of the direction or rates of flow of ground waters? X_ g) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? X h) Substantial reduction in the amount of water otherwise available for public water supplies? X I) Exposure of people or property to water .. relocated hazards such as flooding or tidal waves? X 4. Plant Life. Will the proposal resuh in: a) Change in the diversity of sp~,cifies, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? X b) Reduction of the numbers of any unique, rare or endangered species of plants? X c) Introduction of new species of plants into an area, or in a barrier to the normal H 1 W replenishment of existing species? : ORDF[LEIPLANN[NG~FORMS~ZC2 000-03.ENV.DOC 2 X -- YES MAYBE NO d) Reduction in acreage of any agricultural crop? X 5. Animal Life. Will the proposal result in: a) Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects. )? X b) Reduction of the numbers of any unique, rare or endangered species of animals? X c) Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? X_ d) Deterioration to existing fish or wildlife habitat? X 6. Noise. Will the proposal result in: a) increase in existing noise levels? X b) Exposure of people to severe noise levels? X 7. Light and Glare. Will the proposal produce new light or glare? X 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area.? X 9. Natural resources. Will the proposal result in: a) Increase in the rate of use of any natural sources? X b) Substantial depletion of any nonrenewable natural resources? X ~ 0. Risk of Upset. Will the proposal involve: a.) A risk of an explosion or the release of hazardous substances( including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? X b) Possible interference with an emergency response plan or an emergency evacuation plan. X H:\W ORDFILE\PLANNINGIFORMS\ZC2000-03.ENV.DOC 3 11. Population. Will the proposal alter the location, YES distribution, density, or growth rate of the human population of an area? 12. Housing. Will the proposal affect existing housing, or create a demand for additional housing? 13. Transportation/ Circulation. Will the proposal result in: a) Generation of substantial additional vehicular movement? b) Effects on existing parking facilities, or demand for new parking? c) Substantial impact upon existing transportation systems? d) Alterations to present patterns of circulation of movements of people and/ or goods? e) Alterations to waterborne, rail or air traffic? f) increase in traffic hazards to motor vehicle, bicyclist or pedestrians? 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a) Fire Protection? b) Police Protection? c) Schools? d) Park or other recreational facilities? e) Maintenance of public facilities, including roads? f) Other governmental services? 15. Energy. Will the proposal result in: a) Use of substanti_11 amounts of fuel or energy? b) Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? 16. Utilities Will the proposal result in a need for new systems, or substantial alterations to the following utilities: H:\ WORDFILE\PLANNING\FORMS\ZC2000-03.ENV.DOC 4 MAYBE X X X X NO X X X X X X X X X X X X YES MAYBE NO a) Power or natural gas? X b) Communication systems? X c) Water? X d) Sewer or septic tanks? X e) Storm water drainage? _X f) Solid waste and disposal? X 17. Human Health. Will the proposal result in: a) Creation of any health hazard or potential health hazard (excluding mental health)? X b) Exposure of people to potential health hazards? X 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? X 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? X 20. Cultural Resources. a} Will the proposal result in the alteration of or the destruction of a prehistoric or historic. archeological site? X b) Will the proposal result in the adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? X c) Does the proposal have the potential to cause a physical change which would affect unique ethic cultural values? _ X d) Will the proposal restrict existing religious or sacred uses within the potential impact area? X H:\W ORDFILEIPLANNING\FOftMS\ZC2000-OJ.EN V.DOC 5 ... ^. YES MAYBE NO 21. Mandatory Findings or Significance. . a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short- term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endue well into the future.) X c) Does the project have impact which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resources is relatively small, but where the effect of the total of those impacts on the environmental is significant.) X d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X DISCUSSION OF ENVIRONMENTAL EVALUATION SEE ATTACHED EXHIBIT "A" H:\ WORDFILE\PLANNING\FORMS\ZC2000-0J.ENV.DOC 6 IV. DETERMINATION ( To be completed by the Lead Agency) ON THE BASIS OF THIS INITIAL EVALUATION: L 1 I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ~ ] I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. ] I find that the proposed project may have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Date: November 29, 2000 BY: f c 'lam Signat Grant Taylor Print Full Name Community Development Department Department H:IWORDFILEIYLANNING~FORMS~ZC2000.03.EN V.DOC EXHIBIT "A" CITY OF LYNWOOD DISCUSSION OF ENVIRONMENTAL EVALUATION AND MITIGATION MEASURES BACKGROUND Applicant: Hermelio Franco EI Farallon Restaurant and Dance Hall 3551 Martin Luther King Jr. Boulevard (310) 631-4899 (310) 862-5311 Lead Agency: City of Lynwood Community Development Department 11330 Bullis Road Lynwood, CA 90262 (310) 603-0220 Grant Taylor, Senior Planner Date of Initial Study & Mitigation Measures: November 29, 2000 PROPOSAL The proposed project is to expand an existing restaurant and dance hall 2,890 square feet within an existing multiple tenant building. The existing restaurant and dance hall totals 14,779 square feet and the addition would bring the total area to 17,816 square feet. In addition, the proposal includes changing the zoning for the entire Lynwood Plaza from CB-1 (Controlled Business) to C-3 (Heavy Commercial). The Lynwood Plaza contains the dance hall and a liquor store that is not permitted in the CB-1 zone and are therefore non-conforming. Non-conforming land uses may not alter or expand, and have an amortization period to convert to a conforming land use. Without approval of a zone change, the conditional use permit cannot be granted. It would not make good planning sense to only change the zone for the restaurant property, therefore, the proposed zone change is for the entire Lynwood Plaza. PROPERTY LOCATION AND DESCRIPTION The subject property is located at 3551 Martin Luther King Jr. Boulevard within a CE-1 (Controlled Business) zone. The zoning is consistent with the General Plan land use designation of Commercial. The property is located on the north side of Martin Luther King Jr. Boulevard between Abbott Road and Norton Avenue. The property comprises eight (8) lots that totals 551,890 square feet in area or 12.67 acres. The Lynwood Plaza is developed with a multiple tenant building that occupies about twenty percent (20%) of the lot area and is also developed with two (2) separate restaurants and two (2) office/retail buildings. ENVIRONMENTAL DETERMINATION Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described herein have been added to this project. A Negative Declaration will be prepared. ENVIRONMENTAL CHECKLIST FORM There are three (3) possible responses to each of the questions on the preceding Environmental Checklist Form: 1) No Impact. This response is used when the proposed project does not have any measurable environmental impact. 2) Maybe (possible impact). This response is used when the proposed project may have a possible environmental impact; however, if an impact will result of the significance of the impact cannot be determined. Mitigation measures are incorporated into the resolution to reduce possible impacts to a level of insignificance. 3) Yes (potential impact). This response is used when the proposed project potentially has an environmental impact. Mitigation measures are incorporated into the resolution to reduce potential impacts to a level of insignificance. DISCUSSION OF ENVIRONMENTAL EVALUATION (Page 6 on the Initial Study/Environmental Checklist) Noise Impact Discussion &Mitiaation Measures 6a) Increase in existing noise levels? On weekends, the business currently generates noise levels that may be unacceptable. There is loitering, cruising, vehicle racing, etc. in conjunction with EI Farallon. Expanding an additional 2,890 square feet may increase noise levels. If approved, the applicant will be required to draft and submit a security plan to be reviewed and approved by the Los Angeles County Sheriff Department. The security plan would discourage undesirable or illegal activities and would include number of security personnel, hours of security supervision, a guard tower, hand radios, etc. The applicant would also be required to submit a parking and traffic circulation plan in order to minimize vehicular movement and improve traffic flow within the parking area. In addition, the applicant would be required to submit an exterior lighting plan as a well illuminated parking area would discourage undesirable and illegal activities. 6b) As mentioned above, the business may generate undesirable noise levels and expansion may intensify noise levels. To mitigate potential noise levels to a level of insignificance a security plan, parking and traffic circulation plan and lighting plan would all he required. The grading may slightly alter the topography. A grading and drainage plan will be reviewed and applicable permits required. Li ht and Glare Impact Discussion &Mitiaation Measures 7) Will the proposal produce new light or glare? The project may produce new light and glare as exterior lighting would be required for security purposes in the parking area and around the business. The applicant would be required to submit a detailed lighting plan and the li h standards would be erected away from neighboring residential properties and the lights would be installed so as to be directed away from neighboring residences and businesses. Transportation/Circulation Discussion & Mitigation Measures 13a) Generation of substantial additional vehicular movement? Increasing the size of the restaurant and dance hall may attract additional vehicles and therefore increase vehicular movement. A detailed parking and trafhc circulation plan will be required to be reviewed and approved by the Community Development Department and the Los Angeles County Sheriff Department. The plan would include parking lot attendants, delineation of traffic circulation, and assisted parking. 13b) Effects on existing parking facilities, or demand for new parking? The project will require parking facilities sufficient for employees and patrons to the business. On weekend evenings, the majority of patrons utilize the parking area to the rear of the business where the dance hall entrance is located. The Lynwood Municipal Code requires one 1 {100) square feet of building area for(restauralnts,sthe efo eacif anerhundred Farallon would require 178 parking stalls. The entire Lynwood Plapa ~onaainsl approximately 682 parking stalls to serve all businesses. 330 parking stalls are located directly behind and in close proximity to the business. The applicant will be required to submit a detailed parking and traffic circulation plan to be reviewed and approved by the Community Development Department and the Los Angeles County Sheriff. Components of the plan would be directed and assisted parking, delineation of traffic flow, etc. 14a) Will the proposal result in a need for new or altered fire protection? Expanding the existing business would increase the business occupancy load and therefore may increase the need for fire protection. The applicant will be required to submit detailed plans to the Los Angeles County Fire Department for plan check and review to ensure that required fire safety protection measures and included. The entire building will require sprinklers, exits must remain clear and accessible, and fire extinguisher present and operable at the site. 14b) Will the proposal result in a need for new or altered police protection? The business has a poor police incident record. Expanding the business may attract additional patrons and therefore increase the need for police services. The applicant wi(I be required to submit a detailed security plan to be reviewed and approved by the Los Angeles County Sheriff Department. The plan shall include number of security personnel, hours of security coverage, exterior lighting, hand radios and other measures required by the Sheriff to discourage undesirable and illegal activities at the site. In conclusion, a condition will be included that requires the applicant to return to the Planning Commission within six (6) months for a review of the police records and compliance with mandatory conditions of approval. Failure to comply with all conditions of approval may result in revocation proceedings being initiated against the conditional use permit and/or business license and/or referral to the City Prosecutor for legal action against the business owner and property owners. DATE: September 24, 2001 TO: Honorable Mayor and Members of the City Council FROM: Ralph W. Davis III, City Manager BY: Joseph Wang, Public Works Director/City Engineer Grant Taylor, Senior Planner SUBJECT: Status of EI Farallon Restaurant and Dance Hall 3551 Martin Luther King ]r. Boulevard PURPOSE Pursuant to City Council and City Manager direction, staff performed an inspection to assess the status of the business, reference code requirements, and identify options pertaining. to the EI Farallon Restaurant and Dance Hall. PROPERTY PROFILE The subject business is located at 3551 Martin Luther King Jr. Boulevard in the CB-1 (Controlled Business) zone. The subject property is part of Lynwood Plaza, the triangular shaped parcels bounded by Martin Luther King Jr. Boulevard to the west; San Luis Avenue to the east; Abbott Road to the north; and Norton Avenue to the south. The property totals 551,890 square feet or 12.67 acres in area. The subject business is located within a multiple tenant structure and totals 14,778 square feet in area. The business contains expansions contrary to the Lynwood Municipal Code and has a long history of penal issues and police incident reports. BACKGROUND The subject restaurant and dance hall has a long history. Zoning, building and business license records are not extensive and some details/records are not present. Following is a brief summary of events based on available records and recent inspections: 1991 Hermelio Franco purchases an existing restaurant and dance hall. The business license is a business owner transfer and the alcohol license was aperson-to-person transfer. At that time, the business was located at the rear of the structure and was approximately one-third of its present size. 1992 A building permit application was made by the applicant and issued by staff at the counter to expand into other tenant spaces to the south at the rear of the building. 1995 A building permit application was made by the applicant and issued by staff at the counter to expand west to the front of the building and provide access off Martin Luther King Jr. Boulevard. 1999 The business owner submitted an application for a conditional use permit to expand the existing restaurant and dance hall. Later the application was determined to be in violation of code requirements, was rejected, and the filing fee refunded. H:\W ORDFILE\PLANNING~STAFFRPT\mertp.elfarallonstatus.doc March 13, 2001 The Lynwood Planning Commission approves a zone change from CB-1 (Controlled Business) to C-3 (Heavy Commercial) and a Conditional Use Permit to allow an expansion of 2,890 square feet that would provide a total area of 17,818 square feet. May 15, 2001 The City Council denied Zone Change No. 2000-03 and Conditional Use Permit No. 2000- 31 became moot. The applicant presently continues to operate the restaurant and dance hall and serve alcohol without a conditional use permit; and continue to provide live entertainment without City Council approval of a permit for such use. DISCUSSION AND ANALYSIS On September 19, 2001, City of Lynwood and Los Angeles County staff members performed a multiple department inspection of the premises. The inspection team included representatives from Planning, Building & Safety, Code Enforcement, Fire Department and Health Department. Following is a brief summary: • The fire department did not note any violations at the time but requested the business owner to submit his five (5) year fire sprinkler testing report and a copy of the approved fire sprinkler plans. • The Code Enforcement Division noted an unauthorized sign and poorly maintained signs. • The Health Department said no violations were present. • Building and Safety violations include unauthorized partition walls and illegal electrical wiring on the stage. • Zoning violations pertain to expansion of a nonconforming business contrary to LMC requirements. City records do not contain approval of a conditional use permit for a dance hall or alcoholic beverages or City Council approval of a live entertainment permit. To summarize, it appears that the primary issues with the business pertain to zoning entitlements and penal code issues. LMC Section 3-13.3(0) defines a public nuisance as "the violation of a provision of the Land Use Regulations as set forth in Chapter 25 of this Code, as amended." By current LMC standards, a dance hall is permitted in the C-3 zone subject to a conditional use permit; alcohol sales require a conditional use permit; and live entertainment requires permit approval by the City Council. The business owner does not have a CUP or live entertainment permit. The business currently has four (4) active business licenses. At the time the business was purchased, it appeared to be a legal nonconforming business. The former business was operating as a restaurant with a dance hall area in the rear of the building with no access from Martin Luther King ]r. Boulevard. The Lynwood Municipal Code (LMC) does not permit expansion of nonconforming structures or land uses but does permit continuation of such uses. Expansion of such a land use would require such use to conform to present code requirements. The business owner recently attempted to meet current LMC standards by applying for a zone change and conditional use permit. H:\WORDFILE\PLANNING\S'CAFFRPTIrnemo.elfanllon.status.doc 2 The two (2) structural expansions in 1992 and 1995 were done so, over the counter without a properly issued conditional use permit. Business licenses have been issued annually for the past ten (10) years. OPTIONS It appears that the City Council has a number of options in addressing this situation Following is a brief summary: 1) Determine that the business is a public nuisance and initiate nuisance abatement proceedings. Attached is a copy of LMC Section 3-13 that sets forth abatement procedures and findings. The City Attorney's Office should be consulted to research and provide legal advice. 2) Determine that the expansion entitlements for zoning and building were given in error and/or improperly obtained in violation of the LMC, rescind such entitlements and close the business. The City Attorney's Office should be consulted to research and provide legal advice. 3) Wait for the business license to expire on January 1, 2002, and require any application for business license renewal to come before the City Council for review. 4) Require the property owner to submit another Conditional Use Permit and Zone Change application to legalize the existing operation. 5) Determine the business is nonconforming and do not initiate enforcement actions. 6) Determine that a revocation of the business license is appropriate. Attached is a copy of LMC Section 4-9 that sets forth revocation procedures and findings. The City Attorney's Office should be consulted to research and provide legal advice. RECOMMENDATION Staff respectfully recommends that the City Council consider the business status, consider the history of issues, consider LMC standards and requirements, request the City Attorney to research and advise, direct staff on a desired course of action at a future meeting. Attachments: Location Map Site Plan Floor Plan Business Licenses LMC Section 4-9 (Business License Revocations/Suspensions) LMC Section 3-13 (Nuisance Abatements) H:\WORDF[LEV'LANNING\STAFFRPT\rttemo.elfaralbn.status.doc 3 ~i7CATION Md-P -=W=-4 ~~ ~~I il, ~~~ I ''I.I ~ti ~ " q ~ _ ~B. ~ .~~ a i ~N• 30 ~ ~ I ,~ ~ I `.' M ~^~p~i;e~ I~~ 1~Mn b"~. t~ QI o ~ I~~ x~•`^r. :., ~, I.1~ a so orv :.~ Cno.ti N .I~. r,I~° ~ ~~~~; '.!° I J Ian ~ -Pza ~ I ''~"'.Ji~ Lrr,; JO rM ..~~.,, -,:: ~~ ~ I ~ ~ ~~,~J7 j7I('R~~ ^,s~ ~ ~I, 8 . ,laJ ^ •) n ' JO ~~ ry I I ~ Z II \rYN `,~;1X~E F[~ ~a~ ~ r: m Aegorr d o ~I ~ lna~`J • r ~ i . i . i t'• ~I a r ~n a dpOAD ~ ' ~'~ a _ n".-°`'"`~"~omr~ar _ o° ABBOTT : ~i I ~: ~ ', . I~ l ['-l~il~ei~ nls/iL~~. ~ ~ ion' r II S:~ o 1~ ~` o<<~b~ i. ~ ;2: ~w JJ~ _ 61 ,~ I •!1 e S~ rC:. C, as 353 r m I~ f: o !' . L~.4 ~ '' ~ ~{J [p iC ~ l .4 ~' ~7 ~ F~ e z .y6 cai • Y: , ~ ~ ~ L ,.,J..- I ~~\\ ~• 60 I \ ~ 6'~~~ ~~ i O i,p6~ ~' 6 L'(~ 6.11 7O 5ti+ N r, Ac If i t~ 0 i~ 1 f't. 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I~ - B S I ~ _ ~ r rJ ^ P J ~ ~/ I~ I ~ ! }i 1 ~ {' ' c, ii -.~ _ ~ Casc No. STATUS OF EL FARALLON RESTAURANT & DANCE HALL Site Address: 3551 Martin Luther King Jr. Boulevard Applicant Name: City of Lynwood [ ] 300' or [ 1 X00' Raciu~; i\rta~, I_ ,spa f~.~LL 1 S ~ f~ EL FARALLON RESTAURANT & DANCE HALL 3551 Martin Luther Kind Jr. Boulevard ii y ,~ i I~ '~ i~ j= i~ 1991 Business ~' - ii ~:. i~ ~~ ' ~~ _~ n ===,1 I~v~ ~ ;; ''~-'~ ;3; ~~li, ~~~^ ~ I m I. ~~+ -- _°~- 1 Expansion ~_- - --- - - ~o .c I~ ~ _~`~___ F ILI~ r !` _ ~I= ~ ~I - i .l ~ IJ .. '_'_ i ry - - __ i _ .~~ ~, '- _ ;,,T. ~ ~ _'~• _ D ',; ansi,l,~ ~~ I _ _ '~` ~ _ ~ -'P ~_ i, +ue c _ .E :'IC I~ e I!' c7'p n z~~~ '$I~g~~i~ ~ ~~ _ `~ li Elcl~ =1~'' k ~~: i~s~ ~ Ic's c s~ ~i' ~ .~f Fig r k ~_ ~~~ ~ c- . ~E. i ,a: .I £ s~ ais g I:~: _ - -;-_ -~ r 5~-4 I ~ I I ~„ _ ~:; ' 1=~ ~r. J '_' _~' ~]~ J ~ i - ' ./ . . ~~~ ~~ ~ = I J '~.- j ;> I _._~._ ~ ,~ _ _. . I ~ _ -~ Iti I ~ ~l ~ i _1 ~_ i t: in ~_ illy, c ic~`rl I ~~ s~~ r I I -~ -~_. .~ .~-. .{ ~- _•' :I, T r~~ ~'). ~'-- ~~.`o.i'~r~. EL_FARAL! ~t; RED fl...JRAPJT I ~ 3567 E.LV~A.':': .1tn-R Y.'t:L !'~. OJ:.EV.,Rp I ~ ~ 1 ~r::,r. , _iro ,~ j EI,ECTI<ICAL SYMBOLS ~, = Pole and double light ~ ~ = Pole rrnd single light ~~ ' = 8 ft. Fluorescent lighting (7a 10 fi. on center ~~~~' _ =i -henry duty lighting ar tour ~ V ~~ y~s~o~ ~OJV ~ ' NOTE; ~ v~ ~ 76 ALL Ir1MPS 4VAT1'AGE WILL BE INCREASE 1'0 ~~ ~ ~, PROI'IL?l:'M.-lYlblU,bf I~RIGN7NF_SS. N~ ' ; ~ ' ~~ ,~~. ~ ,~ ? ~ ~ ~S ~ ~ ~ = .~ ~~ ~ ,' ~~~~y e. ~ ~ ~ o ~ v ~ A ~ ~ - ~aL' u V~ Tl'aZ1Ti ` S_ ~i ~ yVSN pr ~'~ ~ ,off -m7" <:.a~ IFS QV~CE ~`~~~ 'N0, .~ ~L11L1 e ~f`~ ~ C Q 9 .0 r / f~'v~ L~-t-l11LL ~' . _~[_ s 50 0 \ ~~ Cv lilllf =' --_- - _ ~~',,u = ~ .._ ] 11.1 Lid-_ ~ ~ ~\ ~\~~~«\~«~~~~ ~ - - _ _ .. ~> > ; ,, ,, ~ ~ ~ ,,~;,~~~~y~~;, ~~ ; ,, ~ ~%~' ~\\QI ®,~.,. Draflech Desi~a_n Co. PLANNING & DESIGN 8050 E. FLORENCE AVE., SUITE ~2C6 (South Building) DOWNEY, CA 90240 (582) 928-5016 M.gR71NLUTHF.RKINGJR BLVD. LI~~'TIN~~ _~A.~,.A1~1 EL FARALLON NIGHT CLUB AND RESTAURANT 3551 Martin Luther King Jr. Blvd. Lynwood, Ca 90262 ~s 't6 ~~O [~a\\ d55ifi1+ ~~j ~<g l/~1 PLOT PLAN N ti~ E S CITY OF LYNW( ~D Business Lice a 8r LICENSE NO: Certificate of Fire t.learance flt)8443 The person, fine or corporation named below, whose residence or place of busmess rs located as shown, having this day paid all reamred fees, is No• of Employees: hereby granted license to engage in the business, pofessron, occupation, trade, or exhibition named, in the Cily of Lynwooa, for the perod 0 indicated. Issuance of license is not an endorsement, nor cert~hcation of compliance with applicable ordinances or laws. License Fee: BUSINESS NAME: E! Farallon Restaurant BUSINESS LOCATION: 3551 Martin Luther King Jr BI Lynwood CA 90262 BUSINESS OWNER: He7milio Franco EL FARALLON RESTAURANT 3551 MARTIN LUTHER KING JR BL LYNWOOD CA 90262 DESCRIPTION: Restaurant 300. U0 Fire Clearance Fee: Effective Date: 01/01/2(101 240.00 Expiration Date: 01/01/2002 Penalty Foe: Date of Original License: 09/04/1991 TOTAL AMOUN7 PAID: $ 540. UO ~ ~ ~ ~ .~-..~ v . License Collector POST IN A CONSPICUOUS PLACE AT BUSINESS LOCATION NOT TRANSFERABLE CITY OF LYNWOOD CertB cate of F'ireeClearance The person, lrrnt or corporation named below, whose residence or place of business is located as shown, having this day paid alt required fees, is hereby granted license to engage in the business, profession, occupation, trade, or exhibition named, in the City of Lynwood, for the perod indicated. Issuance of license is not an endorsement, nor certification of compliance with applicable ordinances or taws. BUSINESS NAME: EI Faral1o71 DESCRIPTION: Dance/Entertain BuslNESS LOCATION: 3s51 Martin Luther King Jr BI Effective Date: 01/01/2001 Lynwood CA 90262 Expiration Date: 01/01/2002 BUSINESS OWNER: HermilZO FYanCO Date of Original License: 09/04/1991 EL FARALLON 3551 MARTIN LUTHER KING JR BL LYNWOOD CA 90262 '//'"'~~ E" A LICENSE NO: 008442 No. of Employees: U License Fee: 4s0.00 Fire Clearance Fee: Penalty Fee: TOTAL AMOUNT PAID: ~ 4sn. Un License Collector POST Ir~J A CONSPICUOUS PLACE AT BUSINESS LOCATION NOT TRANSFERABLE CITY OF LYNWOOD CertBCate of Fire Clea ance The person, firm er cor„oration named below, whose residence or place of business is located as shown, having this da; paid all req.,.red tees, ~s hereby granted license to engage in the business, profession, occupation, trade, or exhibition named, in the City of Lynwood, for the period indicated. Issuance of license is not an endorsement, nor certific::! on of compi~ance with applicable ordinances or laws. BUSINESS NAME: EI Farallon DESCRIPTION: Dance/Entertac7l BUSINESS LOCATION: 3ss1 Martin Luther ping Jr Bl Effective Date: 01/~l/2001 Lynwood CA 902b2 Expiration Date: 01/01/2(102 BUSINESS OWNER: Hermiliu Franco EL FAP.ALLON 3551 MARTIN LUTHEF~ KING JR BL LYNWOOU CA 90262 L ~~ ~~~ POST IN A CONSPICUOUS PLACE AT BUSINESS LOCATIUt~I NOT TRAN,. FERABLE CITY ®F LYNWOOD CertB Cate of F'i eeClearance The l,erson, firm cr corpr.rmon named below. whose residrstce or place of bus aess is locoed os shown, hav,rig this day paid .." requred fees, is Hereby grar;ed license to enrage in the bus rose, pro~ess~on, occupation, r:ode. or exr~biGon named, in the City of Lynwood, for the per ',d indicated. issuance of lice ,a - not an endors~nient. nor c..iific~.i,cn of compliance with applicable ordinances or taws. BUSINESS NAME: EI Fara/l~~n BUSINESS LOCATION: 3ss1 tL/urtin Luther Ring Jr BI Lvnwooc! f,9 902b2 BUSINESS OWNER: Adrfanr7 FI'RlTCO EL FARALLON 3551 MARTIN LUTHF_F: KING .;R BL LYNWOOD CA 901E;~ Date of Original License: 119/(ht/1191 LICENSE NO: 008444 No. of Employees: U License Fee: ?SO. U0 Fire Clearance Fee: Penalty Fee: T(1TAL AMOUNT PAID: ~; 750.00 License Coii~~ctor DESCRIPTION: I~icler~ Games Effective Date: 01/(11/2001 Expiration Date: 01/0//2002 LIc;ENSE NO: 002351 Nn. of Employees: 0 License Fee: 2011.00 Fire Clearance Fee: Penalty Fee: Date of Original License: OU/ZV/199~ TOTAL AMOUNT Pl111): 2fl(1.1,r~1 _C~ ~J --- t~ ~--~-1 G . ~~ Lrcense Cui,~: ~tor POST IN A CONSr"..U~'JS ! ,I •~T JU':IN" ,'. L!~CATICr: 3-13 3->:~ ~~ISANC~s: LYNWOOD CITY CODE 3-fl3.1 lPur}~rr5e And Intent: The purpose of this Section is to provide for the abatement of hazardous, uns~~nitary or unsightly conditions which affect the life, limb, health, property, safety and welfare of tlic ieneral public in such a way as to constitute a nuisance, and is based upon the following findings: a. The City has a history and reputation of well-kept properties, aid the property values and the general welfare of this co,irmunity are founded, in part, upon the appearance and maintenance of property. b. There is a need for further emphasis on the mainten;ti,ce of a number of premises because conditions hereafter described have been found from place to place throughout the City. c. These conditions are injurious and inimical to the public health, safety and ~~eIfare of residents of this City and require substantially g,•e:iter protection against hazards and diminution of property values, prevention of crime and the preservation of public health, safety and welfare and maintenance of police, fire and ~~ccident protection. The::e problems :~~•e 1-,c~comi~tg incre~isingly direct aid substantial in significa-~ce artcl effect, and the uses and abuses of l~rop~;•ty reaso~~ably relate to the proper exercise of t}ie police power in the protection of healt}i, safety acrd welfare of public. d. Unless corrective measures are undertaken to alleviate these conditions and parti~~ularly to avoid future problems in this regard, th.; public health, s;.ifety and general welfare and the property values acid social and economic levels .if the community will be adv~a~~:ely affected. The abatement of these conditions will enhance the apl~.;arance and value of properties rather than be a burden on the owners, and the abatement of such conditions will also appreciate the values and appearance of neighboring properties and benefit use and 326.2 Rev. Ord. Supp. 1/~ri3 PUBLIC SAFETY REGULATIONS 3-13' enjoyment of properties in the general area and will improve the general welfare and image of the City. (Ord. #1329, ~2) 3-13.2 Declaration of Public Nuisance. All property maintained as described herein is declared to be a public nuisance and shall be abated by rehabilitation, demolition, removal or repair pursuant to procedures set forth in this section. These procedures shall not be exclusive and shall not limit or restrict enforcement of other provisions of this Code or abatement of public nuisance in any other manner provided by law. The teen "public nuisance" shall mean any of the following conditions or acts: a. Any public nuisance known as common law or in equity jurisprudence. b. Any attractive nuisance dangerous to children, whether in a building, on the premises of the building or upon an unoccupied lot. This includes any abandoned well, shafts, basements or excavation; abandoned refrigerator and motor vehicles; any structurally unsound fences or. structures; any Iumber, trash, garbage, rubbish, refuse, fences, debris or vegetation which mty prove a hazard for inquisitive minors; abandoned and broken equipment; and hazardous pools or ponds. c. Whatever is dangerous to human life or is detrimental to health as determined by the health officer. d. Overcrowding a room with occupants. e. Irisuffiuient ventilation car illumination. f. Inadequate or unsanitary sewage or plumbing facilities. g. LncIe.utliness as detetirtined by the health officer. h. Frhatever renders air, food or drink unwholesome or detrimental u~ the health of human beings av ~r:enrut~cd by the health officer. i. Any condition or use of premises or of building exterior: which i~ detriment<:1 to the property of others. This includes, but is not limited to the keeping, ~r the depositing on or the 5canering aver tl~e premises of any of the following: 1. Lumber, junk, trash or debris (except in the case of lumber or junk, where the storing of such material is specifically permitted by the zoning regulations applicable to the premises and where the material is being stored in such a fzshion as to not consritute a nuisance as that term is otherwise defined u~ this section); 3~7 ~l `~s Rev.Ord.Supp: X190' 3-13 LYNWOOD CITY CODE 2. A service station that is not currently being operated as such ~ and the condition of which presents a health or safety hazard; 3. Abandoned, discarded or unused objects or equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or containers; 4. Any device, decoration, design, fence, structure, clothesline or vegetation which is unsightly by reason of its condition. j. Dry or dead scrub, dead trees, combustible refuse and waste or any material growing on a street, sidewalk or upon private property, which by reason of its size, manner of growth and location constitutes a fire hazard to a building, improvement, crop or other property, or when dry will, in reasonable probability, constitute a fire hazard. k. A swimming pool, excavation, pond or other body of water which is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted. Polluted water means water contained in a swimming pool, excavation, pond or other body of water, which includes but is not limited to bacterial growth, including algae, remains of insects, remains of deceased animals, reptiles, rubbish, refuse, debris, papers and any other foreign matter or material which because of its nature or location constitutes an unhealthy, unsafe or unsightly condition. 1. The intentional outdoor burning of an}~ material, structure, matter or thing unless specifically authorized. tn. Refuse and waste matter which by reason of its location and character is unsightly and interferes with the reasonable enjoyment of property by neighbors, detrimentally affects property values in the surrounding neighborhood or community, or which would ~:r.aterially hamper or interfere with the prevention or suppression of fire upon the premises. Refuse and waste means unused or discarded matter and material having no substantial market value, and which consists of such matter and materials as rubbish, refuse, debris and matter of any kind including but not limited to rubble, asphalt, concrete, plaster, title, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap m~:tal acrd other pieces of metal, ferrous or nonferrous, furniture, inoperative vehicles and parts, trimmings from plants and trees, cans, bottles and barrels. n. The violation of a provision of the following uniform codes which Dave been adopted as amend:::' by this City: 1. Uniform wilding Code; 2. National Electrical Code; 328 Rev.Ord.Supp.3/9U PUBLIC SAFETY REGULATIONS 3-13 3. Uniform Fire Code; 4. Uniform Housing Code; 5. Uniform Plumbing Code; 6. Uniform Mechanical Code. o. The violation of a provision of the Land Use Regulations as set forth in Chapter ?5 of this Code, as amended. p. The maintenance of land in such a manner as to fail to prevent its use for riding of motorized bicycles and scooters and similar vehicles upon it, creating nuise and intc;rference v~--tlt the use and enjoyment of other property in the neighborhood and/or endangering the }iealtl~ and safety of the riders or other members of the public. q. The existence of any of the following conditions: 1. Buildings which are abandoned. boarded i~p, partially cicstroyed or left unreascmably in a state of partial construction; 2. U~ipainted buildings causing dry rot, w;~rping and termite infestation; 3. Broken windows constituting hazardous conditions and inviting n-espassers and malicious mischief; 4. ~.."overgrown vegetation likely to attract rodents, vermin ~~r other pests or causing a ha .•~rdous condition to pedestrian or vehicular traffic; 5. Dead, decayed, diseased or hazardous trees, weeds and debris; 6. Trailers, campers, boats and other mobile equipment stored for unreasonable periods in front yard areas; 7. Inoperable or abandoned motor vehicles stored for unreasonable periods on the premises other than a vehicle completely enclosed in a building in a lawful manner or stored ire a lawful manner by a licensed dismantler, vehicle dealer or junkyard uperator, 8. Broken or discarded furniture and household equipment in yard area for ~inreasonable periods; 9. Clotheslines in front yard areas; 329 Rev.Ord.Supp.:i/90 3- 13 LYNWOOD CITY CODE 10. Garbage cans stored in front or side yards and visible from public streets and rights-clf-way; 11. Packing boxes and other debris stored in yards and visible from public streets for unreasonable periods; 12. Neglect of premises to spite neighbors, to influence zone changes, or to cause detrimental effect upon property or property values; 13. Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined in Civil Code Section 3480. 14. Property including but not limited to building exteriors which are maintained in such condition CIS to become defecti~ e and ulisi~htly or in a condition of deterioration or disrepair. This includes but is not limited to the keeping and disposing of or the scattering over the propeny or premises of (i) lumber, ~Ilnk, trash or debris: (ii) abandoned or discarded or unused objects or equipment such as automobiles, furniture, stoves, refrigerators, freezers, cans or containers; (iii} stagnant water or excavations; or (iv) any device, decoration, design, fence, structure, clothesline or vegetati~rl which is unsightly by reason of its condition or inappropriate location; 15. Maintenance of premises so out of harmony or conformity with the maintenance standards of adjacent properties; 16. Property maintained (in relation to others) so as to establish a prevalence of depreciated values, impaired investments and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts from such particular area are inadequate for the cost of public services rendered therein. (Ord. #1329, §2) 3-13.3 Notification of Nuisance. Whenever the City Manager finds that any premises in the Ciry are being maintained as a public nuisance, he sh;Ill dive written notice to the owner of the property setting forth a brief description of the condition(s) constituting a public nuisance and the sections being violated. The notice shall set forth a reasonable time limit for correcting the violation(s) and may also set forth suggested methods of abatement. If the ~~wner fails, nel;lects or refuses to comply with the notice, the City Council shall conduct a hearing to determine whether the condition of the property constitutes a put~lic nuisance, the abatement of which is appropriate under the police power of the City. ?notice ~.~f the hearing shall be served upon the owner. As used in this chapter, unless otherwtsf~ indicated, the terns "owner" shall meals any person owning, leasing, occupying or having c;,.uge or possession of 330 P,ev.Ord.Supp.3/90 PUBLIC SAFETY REGULATIONS 3-13 the affected real property and any person having a financial interest in the propeny as listed in a title search. (Ord. #1329, §2) 3-13.4 Manner of Giving Notice. a. Service of all notices under this chapter shall be upon the owner of the properly at his Iast known address, either by personal delivery or by depositing a copy of the notice, enclosed in a sealed envelope with the postage thereon fully prepaid, in the United States Postal Service. If there is no such address, notice shall be mailed to the owner at the property address. Service by mail is complete at the time of deposit in United States Postal Service. Failure of any person to receive such notice shall not affect the validity of any proceedings hereunder. b. Notice of the hearing before the City Council shall be served upon the property o~~ner not less than teq(10) days before the time fixed for the hearine. Notice of the hearing shall be substantially in the following format: "NOTICE OF HEARING TO ABATE NUISANCE" NOTICE IS HEREBY GIVEN that on the day of 19_ , at the hour of 7:3U p.m., or as soon thereafter as the matter may be heard, the City Council of the City of Lynwoc-d will conduct a public hearing in the City Council Chambers of the Lynwood City Hall, 113l~Bullis Road, Lynwood, California to determine whether the real property located at (Street address), Lynwood, California, mere panicularly d~scribecl as: (Legal Description) constitutes a public nuisance subject to abaternent by the rehabilitation of the property, removal crf t1':itih or debris, or by the repair or demolition of buildings or structures situated thereon. The alleged conditions constituting a public nuisance are the following: (Describe conditions) if the property, in whole or in part, is found to be a public nuisance, and if the public nuisance is not abated by the owner or person in charge thereof as directed by the City Council, then it shall he abated by the City, in which case the costs incurred by the Ciry wil! be assessed upon the propc:rry and shall lxcome a lien against the property until paid. 331 Rev.Ord.Supp.:~/~0 3-13 LYNWOOD CITY CODE All persons having any objection to, or interest in, this matter may appear at the hearing, at which testimony and other evidence will be taken and given due consideration. DATED this day of 19 CITY OF LYNWOOD Ciry Manager (or Designee) c. The City Manager, in his discretion, may combine the notices required by suhs~ction 3-13.3 into one notice, or he may give both such notices at the same time. d. Where the City :Manager determines that the condition of the property presents an irruninent peril to Life ur adjacent property, he may dispense with tree initial notice required by subsection 3-I3.3 and give notice of a hearing before the City Council in which case the hearitrg may be scheduled not less than five (5) days from the date of tl~e notice. Notice of a l~r~~aring under this subsection shat] be given by personal delivery to the owner, by mail thmu~h an established overnight mail delivery service, by teleerim, by telephone, or by such other means as is reasonably calculated to immediately advise the owner of the bearing. The notice shall state the grounds upon which the provisions of this subsection are invoked. (Ord. #1329, §2) 3-13.5 1Hearing by City Council. At the time stated in the notice of hearing, the Ciry Council shall hear and consider sll relevant evidence, including, bur :rot limited to, testimony from owners, City personnel, witnesses and ether interested parties, and Wray consider staff reports and other written evidence relative u~ the matter. The hcarir-g may be conti~tued from time to time. Upon the conclusion of the hearinb, the Ciry Council shall, based upon the evidence presented, determine whether the property, or at~y part thereof, constitutes a public nuisance within the meaning of subsection 3-13.2. If the City Council finds that the property constitutes a public nuisance, rt shall order the public nuisance abated within ;: reasonah~e time. The City Council's decisior, shall be by Resolution, which shall cont::in findings upon which its determination is based. Thy: Resolution shall contain a doticription of the method of abatement necessary to comply with the order and ;rate that if the public nuisance is not abated within flee time permitted by the City Council, the City Manager slr..~il be authorized tr.~ enter upon the premises for the purpose of abating the same. (Ord. #1-29, 2) 3-~3.ri ;ervice on U~.~ner of Resolution Ordering Abatement. A copy of thy: Resolution ordering the abatement of the public nuisance shall bN :~:.rved upon the owner in ::ccorcance with the provisions of subsection 3-13.4a. (Ord. #1329, 2) 332 Rev.Ord.Supp.3/~~U PUBLIC SAFETY REt;UI..ATIGNS ~_ 1 ~ 3-13.7 Abatement by Owner. The property owner shall have the right to have the nuisance abated at his own expense, provided the abatement is catnmenced prior to the. expiration of the period of time set forth in the City Council's Resolution and thereafter diligently and continuously prosecuted to completion. The time set for abatement, upon good cause shown, may be extended by the City Council. (Ord. #1329, §2) 3-13.8 Abatement by City Manager. If the public nuisance is not completely abated in the manner and within the time set forth in the City Council's Resolution, then the City Manager may cause the same to be abated by City forces or private contractor, and entry upon the property for such purpose is hereby expressly authorized. (Ord. #1329, §2) 3-13.9 Record of Cost of Abatement. The City Manager shall keep an ~rccounting of the cost, including incidental expenses, of abatement of the public nuisance for each separate lot or parcel of land where the work has been done, a.nd shall render an itemized report in writing to the City Council showing the cost of abatement, including salvage value, if applicable; provided that before the repon is submitted to the City Council for approval, a copy of the same shall be posted for at least five (5) days upon t:he premises of property upon which said buildings or structures were situated, together with a notice of the time when said report shall be submitted to the Ciry Council for confirmation. A copy of said report and notice shall be served upon the owner of the property in accordance with the provisions of subsection 3- I3.~a, at least five (5) days prior to submitting the same to the City Council. Proof of such posting and service shall be made by declaration and retained in the office of t}te Ciry Manager. The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the City in the preparation of notices, specifications and contracts, inspecting the work, and the costs of printing and mailin:s required under this chapter. (Ord. ;;1329, §2) 3-13.10 Report-Hearing and Proceedings. At the time and place fixed for receiving and considering the report, the City Council shall hear and pass upon the evidence xubmitted by the City Manager, together with any objections or protests raised by any of the persons liable to the assessed for the cost abating the nuisance. Thereupon the City Council may make such revision, correction or modification to the report as it may deem just, after which, the report as it is submitted, or as revised, corrected or modified, shall be confirmed. The hearing may be continued from time to time. (Ord. #1329, §2) 3-13.11 Assessment of Cost Lien Against the Property. The confirmed cost of :lbatement cif a nuisance upon any lot or parcel of land shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in tt~e office of the County Recorder of a Notice of Lien, it shall constitute a lien on the property in the amount of the assessment. After the confilzrtation of said report, a cop}' thereof may be vansmitted to the assessor and tax collector for the City, whereupon it shall be the duty of said assessor and tax collector to add the amount of such assessment, or assesstncnts, t;.i the 333 Rev.Ord.S ul~p.3/90 3-13 LYNWOOD CITY CODE next regular bills of taxes levied against said respective lots and parcels of land for municipal purposes, and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalty and the same procedure under foreclosure and sale in case of delinquency in the manner and means provided by law. The Notice of Lien for recordation shall be in form substantially as follows: NOTICE OF LIEN (Claim of the Ciry of Lynwood) NOTICE IS HEREBY GIVEN that pursuant to the authority vested by the provisions of Chapter ? 1 of the Lynwood Municipal Code, the City Manager of the City of Lynwood did on or about the day of 19_, cause certain work to be performed upon the property hereinafter described for the purpose of abating a public nuisance on said property; that the City Council of• the City of Lynwood did on the day of , 19_, confuTn and assess the cost of such abatement; that neither the cost of such abatement, nor any part thereof, has been paid to the City; that the City of Lynwood does hereby claim a lien for the cost of such abatement in the amount of the assessment, to wit: the sum of $ ;and that the same shall be a lien upon said real property until it has been paid in full and discharged of record. The real property upon which a lien is claimed is that certain parcel ~f land located in the City of Lynwood, County of Los Angeles, State of California, panicularly described as follows: ' (Legal Description) DATED this day of , 19_ CITY OF LYNVVOOD City Manager (Ord. #13?9, §?) 3-13.12 Delegation of City Manager's Responsibilities. The City :Manager may delegate the responsibilities imposed upon liim by this chapter to such subordinate officers or employees as he, in his discretion, deems appropriate. (Ord.#1329, §~) 334 Rev.Ord.Supp.3/90 LICENSING AND BUSINESS REGULATIONS 4-9 not more than two hundred dollars ($200.00), and for a third or any subsequent conviction within a period of one year by a fine of not more than five hundred dollars ($500.00). (Ord. #1418, §2) 4-9 SUSPENSION AND REVOCATION OF LICENSES AND PERMITS GENERALLY: 4-9.1 Suspension Of Licenses And Special Permits By ..The City Manager; Grounds: Any special permit or license issued under this Chapter, except a home occupation permit, may be suspended at any time by the City Manager, after public hearing, due notice of which shall be furnished the licensee, if the City Manager shall find, upon evidence heard, that: a. Any facts exist upon which a denial of the special permit or license would be authorized. b. The licensee, or any agent or employee of the licensee, has violated or has been convicted of violating any of the terms of this Chapter, of any regulation imposed pursuant thereto, or of any law, statute, provisions of this Code or other ordinance, rule, order or regulation of the City, of tl~c State or of the United States, now or hereafter in force regulating the occupation or other activity for which the special permit or license has been issued. c. The licensee or permittee obtained the license or permit by fraudulent misrepresentations. d. If the license authorizes engaging in the business of repairing any property such as radios, television or vehicles. the licensee or any agent or employee of the licensee has stolen or been convicted of the theft of such property or any part thereof or has been convicted of receiving such stolen property in violation of section 496 of the State Pena] Code. (Code 1972 §17-109) 4-9.2 Duration Of Suspension By The City 1Vlianager: A suspension of a special permit or License by the City 1llanager under this Section shall continue in force only until the second regular mcetin~ of the City Council following the date of the suspension of~ the special permit or license by the City Manager, unless the suspension is removed by the City Manager prior to that meeting of the City Council, at which meeting, the City Council shall hold a public hearing to determine whether or not the special permit or license shall continue to be suspended and, if to be continued, for what additional period of time. (Codc 1972 § 17-110) 440.3 R.ev. Ord. Supp. 10/96 LICENSING AND BUSINESS REGULATIONS 4-9 4-9.3 Notice and Report of Suspension by the City Manager. The City Manager, upon suspending a special permit or a license pursuant to this section shall forthwith notify the City Clerk and, within five (5) days following the suspension, shall file in the office of the City Clerk a detailed written report setting forth ail of the facts leading to the suspension and the reasons therefor. (Code 1972 §17-111) 4-9.4 Hearing on Suspension by the City Manager. a. Upon the filing of a report of the suspension of a special permit or a license pursuant to this section, the City Clerk shall set the matter for a public hearing by the City Council at the second regular meeting of the City Council following the date of the suspension, and shall give the licensee or permittee written notice by registered or certified mail, not less than ten (10) days before the meeting. b. In considering the matter before it, the City Council shall be guided by paragraphs a through d of subsection 4-8.1. The decision of the City Council shall be made and filed with the City Clerk within five (5) days after the hearing and, if the decision is not made at the conclusion of the hearing, the suspension shall remain in effect pending the making and filing of the decision. c. No suspension shall exceed a period of sixty (60) days from the date of the suspension. d. If the City Council shall fail to make and file its decision within the five (5) day period, the suspension shall be deemed lifted. e. The decision of the City Council pursuant to this subsection shall be final. (Code 1972 § 17-112) 4-9.5 Suspensian ar Revocation of a License or a Special Permit by the City Council. Irrespective of subsection 4-8.1, any Iicense or special permit issued under the provisions of this chapter, except a home occupation permit, may be suspended or revoked by the City Council acting as follows: a. An accusation or complaint may be filed in writing by the City Manager or by any interested person against any special permittee or licensee alleging that the license or special permittee is not in compliance with, is in violation of, or comes within the category of paragraphs a through d of subsecdan 4-9.4 or of any of those paragraphs. b. The City Clerk shall include the accusation or complaint on the agenda of the next regular meeting of the City Council; however, any accusation or complaint filed in the office of the City Clerk within forty-eight (48) hours of the time scheduled for the next regular meeting 441 4-9 LYNWOOD CITY CODE of the City Council shall not be considered until the following regular meeting of the City Council. c. The City Clerk shall give notice of the time and place of the City Council hearing by registered or certified mail addressed to the last address appearing on the rolls of the License Collector for the licensee or petmittee or, if the License Collector has knowledge of a better or more recent address, then to that address. d. The City Council shall, at the meeting wherein the complaint or accusation is upon the agenda of the meeting, set the complaint or accusation for a public hearing, which hearing shall be not less than ten (10) days nor more than twenty (20) days from the date of the setting thereof. e. The accusation or complaint referred to in paragraph a of this subsection shall be made on forms provided by the City Clerk and the information contained in the forms shall be in compliance with paragraph a through d of subsection 4=8.4, the City Clerk shall not file an accusation or complaint, the allegations of which do not come within the frame of reference of paragraphs a through d of subsection 4-8.4. f. The City Clerk shall mail to the permittee or licensee with the notice of the public hearing, a copy of the accusation or complaint. g. In making its decision as to whether the permit or license shall or shall not be suspended or revoked, the City Council shall be guided in its deliberations by paragraphs a through d of subsection 4-8.4. h. No petnut or license shall be suspended for a period in excess of sixty (60) days. (Code 1972 § 17-113) 4-9.6 Suspension or Revocation of a Home Occupation Permit. A home occupation permit shall be suspended or revoked in the manner prescribed in subsection 4-22.8. (Code 1972 § 17-114) 4-10 DISTRESS AND SIMILAR SALES.' 4-10.1 Contents of Application for Special Permit. Each applicant for a special permit required by subsection 4-B.Kd, 2 to manage, conduct or carry a~i any closing out sale, going out of business sale, bankruptcy sale or any sale of a similar nature, shall state in 'Cross references: Occupational licensing of distress and similar sales, subsection 4-7.9d; regulatory permit for distress or similar sales, subsection 4-8.8d. 442 LICENSING AND BUSINESS REGULATIONS 4-9 not more than two hundred dollars ($2UU.00), and for a third or any subsequent conviction within a period of one year by a fine of not more thin five hundred dollars ($SOO.OU). (Ord. #14 ] 8, §2) 4-9 SUSPENSION AND REVOCATION OF LICENSES ANID Il'ERIVIITS GENERALLY: ~-9.1 Suspension Off Licenses And Specie} ll~crmits By .The City 1Vlanager; Gr~~unds: Any special permit or license issued under this Chapter, except a home occupation permit, may be suspended at any time by the City Mana~_er, after public hearing, due notice of which shall be furnished the licensee, if the City Manager shall find, upon evidence heard, that: a. Any facts exist upon which a denial of the special permit or license would be authorized. b. The licensee, or any agent or employee of the licensee, has violated or has been convicted of violating any of the terms of this Chapter, of any regulation imposed pursuant thereto, or of any law, statute, provisions of this Code or other ordinance, rule, order or rc~~ulation of the City, of the State or of the United States, now or hereafter in force regulating the occupation or other activity for which the special permit or license has been issued. c. The licensee or permittee obtained the .license or permit by fraudulent misrepresentations. d. If the license authorizes engaging in the business of repairing any property such as radios, television or vehicles, the licensee or any agent or employee of the licensee has stolen or been convicted of the theft of such property or any part thereof or has been convicted of receiving such stolen property in violation of section 496 of the State Penal Code. (Code 1972 §17-109) ~-9.2 Duratit~n Of Suspension By The City Manager: A suspension of a special permit or license by the City Manager under this Section shall continue in force only until the second regular meeting of the City Council following the date of the suspension of the special permit or license by the City Manager, unless the suspension is removed by the City Iv~tanager prior to that meeting of the City Council, at which meeting, the City Council shall hold a Public hearing to determine whether or not the special permit or Iicense shall continue to be suspended and, if to be continued, for what additional period of time. (Code 1972 § l 7-110) 440.3 R.ev. Ord. Supp. 10/96 ELECTRICAL SYMBOLS 1 = Pote and double light = Pale and single light ' = 8 ft. Fluorescent lighting @ 10 ft. on center _ ~ - Neavy dory lighting at tour ALL LAMPS WA"ITAGE WILL BE lNCh PROI'IDE MAXIMUM BR/GH77VF,SS. ~0 ~O'1' ~l ~P~ Q~~ ~'-~ ~~ O~~~P~ \~~ 'EASETO~~~t~~ ~; ~ ,\ ~ a ~ ~ ~ i i ~ ~' . ~ ~ ~- • ~~ ~p y~6- ~, s' - ~ ~~j y ~ r i; \ .~ ~~~ ~-_ ~~ ,~Im -Y y, ~-~.ularl~~~~ ~ ~ pQQTI, g ~p 0~ n~ ~p LLLLI 5 Qp~~v~ ~ _ `,~~~~ pu ~7~ fo`p'; ~L \~~~'\G$ \y4p~r -~, ~;~~,,~ \~ao ~~,,,.. Draftech Design Co. PLANNING Ec DESIGr~ ~ 8050 E. FLORENCE AVE., SUITE X206 I (South Building) DOWNEY, CA 90240 I (562) 928-5016 MARTIN LUTHER KING JR. BLVD. PLOT PLAN N ~ E S LI~i~Ir~~NP.r tt~~,t~~~~ EL FARALLON NIGIff CLUE AND RESTAUR~iM' JSS! ~-lartin Lruhcr Kir~Q Jr. 8h~~t. Lrmrood. Ca 9U~'6? "r6 ~~O ~~\ ,- ~ ij ~~~. ~~~~i ~~ ~:__~) „~ ~~ EL FARALLON RESTAURANT & DANCE HALL 3551 Martin Luther King Jr. Boulevard i ;:~~~=_- h ~~ _ _ _ . II - - _ ~_ - - ,, _ - _-_ - I ;9 d 1991 Business _ - _ _ - _ _ ~ ~_ ~I ~ __ ° _ ~ ~l E.C~i11151011 i .Lc~ n .=r ~l ~~~~c I IZ ~3-~^~i - i ~ I t 4 ~i ;f ). I1 j ` '1 I I I` iL .. `` __ ~~ e~ ~~ ~D Z ~' ~_ Ii i~f 3 ~ F~ ~ i y ~~( ~ t i. t i l 4 I: ~I yy ;Cr'r Ig IC Z = t' ilf S ~ 6~z ~ .x 1.•I ~~. i LS ~ 1 ~ ~i "~° is ~ F c'~ ~ ic~ I I I~ ~ ~ I .I= ~ , ,~~ i . y ~ _ ~ ~ Fii I E: it~, = ~ is s E ~; _ i ~.: :i:~ 6_ I Y r i f S: 6IC 6'~_ _I I `. i '1 ~ ~ ,' !_i j ~j' I i /I II r _~ . ~ - ___._ \ I ~ .I r I f '~ - _ ~ " ~ ~ uJ I' I ~ -~ ~ _~ _f ~ it Il I_ ,-- ~ i- I .)= ~ j ~ - ~ _ - I ~ 7nr! ~ ~ ~. EXI1~.Intill)Il _ ,.. _ ~ ~ I -: ~,_~ a ~ y ~~=j { I' n-~ IIiIJ~ I ,; ~- ' j J ~ - ~ I I ~T-=--r''--~_2~" ~ EL FARF~.:I. ^ ~ RESTL.U~?.gl~T .,- 35C' EJ.11Ji7u _ ,~:. i~s.Rri ~: _ I`7 {~~.. ~i t n ~I;. L~~ ~;' _~ it II I 1~ -~ f ~~ I f i L I (i ~~~~ I~r LICENSING AND BUSINESS REGULATIONS 4-9 4-9.3 Notice and Report of Suspension by the City Manager. The City Manager, upon, suspending a special permit or a license pursuant tc~ this section shall forthwith notify the City Clerk and, within five (5) days following the suspension, shall file in the office of the City Clerk a detailed written report setting forth all of the facts leading to the suspension and the reasons therefor. (Code 1972 §17-111) 4-9.4 Hearing on Suspension by the City Manager. a. Upon the filing of a repon of the suspension of a special perntit or a license pursuant to this section, tt,e City Clerk shall set the matter for a public hearing by the City Council at the second regular meeting of the City Council following the date of the suspension, and shall give the licensee or permittee written notice by registered or cemfied mail, nut less than ten (14) days before the meeting. b. In considering the matter before it, the City Council shall be guided icy paragraphs a through d of subsection 4-B.I. The decision of the City Council shall be made and filed with d,e City Clerk within five (5) days after die hearing and, if the dc~cisiori is not made; at the conclusion of the hearing, the suspension shall rem:~in in effect pending the malting acrd filing of the decision. c. No suspension shall exceed a period of sixty (60) days from the date of the suspensic~,,. d. If the City Council shall fail to make and file its decision within the five (5) day period, the suspension shall be deemed lifted. e. The decision of the City Council pursuanr to this suh~;ection ~l,all be final. (Code 1972 § 17-112) 4-9.5 Sust,e~r,siord or Revocation of a I.icer,tie or a Special )<'ermit way fire City Corr.r:3Li1. Irrespec*.ivc• of subsection 4-E.1, any license or special pernut issued undrr the provisic~ns of this; chapte,~, except a home occupation pern,it, mr~y be suspended or revoked by thc° City Council acting as follows: a. An accusation or complaint may be filed in writing by the City Mam,fier or by any interested person against any special permittee or licensee alleging tizat tl,e license or special permittee is nor in compliance with, is in violation of, or comes within the category of paragraphs a through d of subsection 4-9.4 or of any of those paragraphs. b. The City Clerk shall include the accusation or complaint on the :rgenda of the next regular meeti„g of the City Council; however, any accusation or compiaint filed in tl,e office of the City Clerl: within forty-eight (48) hours of the time scheduled for the next regular meeting 441 4-9 LYNWOOD CITY CODE of the City Council shall not be considered until the following regular meering of the City Council. c. The City Clerk shall give notice of the time and place of the Ciry Council hewing by registered or certified mail addressed to the last address appearing on the rolls of t}re License Collector for the licensee or permittee or, if the License Collector has knowledge of a better or more recent address, then to that address. d. The City Council shall, at the meeting wherein the complaint or accusation is upon the agenda of the meeting, set the complaint or accusation for• a public hearing, which hearing shall be not less than ten (10) days nor more than twenty (20) days from the date of the setting thereof. e. The accusation or complaint referred to in paragraph a of this subsection shall be made on forms provided by the City Clerk and the information containc;d in the forms shall be in cornpliurrce with paragraph a through d of subsection 4=8.4, the City Clerk shall not file an :accusation or complaint, the allegations of which do not come within the frame of reference ~,f paragraphs a through d of subsection 4-8.4. f. The City Clerk shall mail to the permittee or licensee with the notice of the public hearing, a copy o~= tlje accusation or corriplauit_ g. Ire makinb its decision as to whether the permit or license shall or shall not be suspended or revoked, the City Council shall be guided in its deliberation ; by paragraphs a through d of subsection 4-8.4. h. No permit o;' license shall be suspended for• a period in excess of sixty (60) days. (Code 1972 § 17-113) 4-~'.~ 5uslrensiori or• Revocation of a)~iome Occupation hermit. A home occupation Permit sirall be suspended or revoked in the maru~cr prescribed in subsection 4-22.ti. (Code 1972 §17-114) 4-1 °~ 1)IS'I'RL~~„ AND SIMILAR SALES.' 4-IO.fl Conterrts of Application for Special Permit. Eac;:t applicant for a :;necial permit requu~ed by subsection 4-8.8d, 2 to man~ige, co~3nct or carry c>~, any closing out sale, Roing out of t~:isiness sale, bartlQUptcy sale or any sate of a similar nature, shall state in °Crc>s ~ referetrce:;: Occupational licensing of distress and similaz sales, subsection 4-7.9d; regul:;tc.ry permit for distress or similar sales, subsection 4-8.8d. 442 DATE: October 2, 2001 TO: THE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Ralph W. Davis, III, City Manager SUBJECT: UPDATE ON THE CONTRACT DIAL-A-RIDE SERVICES PURPOSE: To have the City Council receive an update from staff relative to the contract Dial-a-Ride Services and to provide staff directions. BACKGROUND: On June 19, 2001, the City Council approved an Agreement with Administrative Services Cooperative, Inc. (ASC) to provide Dial-a-Ride Services in Lynwood. The service encompasses 24-hours, seven days a week dispatching services, a 15-minute time pick- upfrom request and a twice a month shopping excursions. The level of service that the City will be receiving under ASC is more than what the City is currently providing in- house at the same cost. ASC will be required to maintain certain number of vehicles as well as provide vehicles that are handicap accessible. ASC would be required to charge residents using the dial-a-ride service only the fares set by the City and would need to secure the appropriate permits and licenses. The fare will remain at a low cost of 50 cents per ride. ANALYSIS Staff has been in communications with ASC's representative in order to process their application for their business license and permit. ASC has complied with the majority of the paperwork required by the City in order to process the license and permit. There are a few items remaining that the City needs to receive. In addition, the current Lynwood Municipal Code governing taxicabs in Lynwood prohibits owner or any driver of any taxicab to enter into any contract, agreement or understanding between themselves by the terms of which the driver pays to the owner a fixed or determinable sum for the use of the vehicle (LMC Section 4-32.13. ASC currently has a lease type agreements with its drivers. In summary, proceeding with the Agreement has been delayed because of certain requirements that have not been met pursuant to the City's code regarding permitting and licensing taxicabs in Lynwood. ASC is currently operating dial-a-ride services in surrounding communities. ASC has recommended that the City's municipal code be amended and be updated in light of the current taxicab industry standards. RECOMMENDATION Staff recommends for the City Council to receive an update from staff relative to the contract Dial-a-Ride services and to provide staff directions. 2 ~~ MEMORANDUM To: Honorable Mayor From: Ralph W. Davis, I] By: Jim Given, Directc Date: June 19, 2001 Subject: the Lynwood City Council ~ Community Services Contractual Agreement to Provlide Demand Responsive General Public Transportation System Background The City of Lynwood has provided demand responsive transportation to senior citizens as well as handicapped citizens here in the City of Lynwood for over twenty (20) years. This service has provided citizens with the methodology to get to such locations as; senior citizen meals program at the Community/Transit Center, doctor appointments, and banks as well as to do their shopping. This service has assisted many citizens to remain in independent living situations, as transportation is a key factor in remaining independent. In the City's effort to improve-both the quality as well as the affordability of the program for its citizens the City has received bids from outside vendors for the provision of this transportation service. Facts 1. The City's current program provides services Monday through Saturday between the hours of 8:00 a.m. and 4:00 p.m. 2. Fiesta Taxi will provide access to both transportation as well as dispatching services on a twenty-four (24) hour per week, seven-day a week basis. 3. The City currently operates only three (3) vans in its Dial a Ride fleet. 4. Fiesta Taxi has numerous vehicles, both taxi cabs as well as wheelchair accessible vans. 5. Fiesta Taxi also has a much larger maintenance garage for its much larger fleet of vehicles. 6. Both the City's current operation as well as the proposed operation offered by Fiesta Taxi provides door-to-door service to the program constituency. 7. The City provides its Dial a Ride staff with "ride along" type training for a term that is dependent upon the needs of the new staff member. 8. Fiesta Taxi provides a complete forty (40) hour training provided by A.D.A. certified trainers prior to them beginning work. 9. The City of Lynwood currently communicates with its vehicles via two-way radios. 10. Fiesta Taxi has a mobile data terminal in each of its vehicles in addition to the basic two-way radio. 11. The cost for the program to the constituency would not necessarily change as it is solely based upon the City of Lynwood and not the vendor. 12. Drivers currently receive direct payment for the service from the ridership. 13. The vendor would provide coupons in books often (10) that will be sold at the Community/Transit Center where all other services for senior citizens are located. 14. In addition to an administrative fee, the other costs associated with this program with Fiesta Taxi will be based upon the level of ridership. The City would receive a monthly invoice to include the administrative fee along with costs associated with all coupons received as payment by passengers during that particular period of time. AGENllA ITE.• recreatn`.ccitem~,dial a ride 6.19.01 Page 2 Analysis The vendor specified in this staff report provides the following enhancements to the current service: • Increased days and hours of service • Increased availability of service due to a much larger fleet of vehicles and drivers • Improved response time ~ Increased number of rides that can be provided within the existing budget parameters. Conclusion/Recommendation Staff respectfully recommends that the Honorable Mayor and Members of the City Council of the City of Lynwood approve the attached contractual agreement between Administrative Services Cooperative, Inc., dba Fiesta Taxi for the term of August 1, 2001 through June 30, 2004. Attachment -Proposed Contractual Agreement RD:JG:jg recreatn\ccitem\dial aride 6.19.0 l DIAL-A-RIDE TRANSPORTATION AGREEMENT BY AND BETWEEN THE CITY OF LYNWOOD AND FIESTA TAXI Demand Responsive General Public Transportation System Effective: August 1, 2001 TABLE OF CONTENTS 1. CONTRACT ADMINISTRATOR 2. PROJECT DESCRIPTION 3. SERVICE TO BE PERFORMED BY CONTRACTOR 4. CHANGES 5. COMPENSATION AND METHOD OF PAYMENT 6. REPORTING REQUIREMENTS 7. INDEPENDENT CONTRACTOR 8. RELATIONSHIP OF THE PARTIES 9. PERMITS AND LICENSES 10. INSURANCE ll. WORKER'S COMPENSATION 12. PERSONNEL REQUIREMENTS 13. MEDIATION 14. INSURANCE/INDEMNITY REQUIREMENTS 15. NOTICES 16. SUSPENSION/CANCELLATION/TERMINATION 17. ASSIGNMENT 18. TERM 19. OPTION TO RENEW 20. SIGNATURE PAGE 21. EXHIBIT A 2 AGREEMENT DIAL-A-RIDE SERVICES This agreement is made this first day of August, 2001 by and between the City of Lynwood, a municipal corporation and political subdivision of the State of California (hereinafter referred to as the "CITY" and Administrative Services Cooperative. Inc., a California corporation, (d.b.a. "Fiesta Taxi" hereinafter refereed to as the "CONTRACTOR"}. Whereas, the CITY desires to provide Dial-a-Ride services to the eligible elderly (~5 years and older) and persons with disabilities who reside in Lynwood. Whereas, CONTRACTOR operates "paratransit" transportation services in the service area and is, therefore, capable of providing the Dial-a-Ride services required under this Agreement. Now, therefore, CITY and CONTRACTOR agree as follows: I . Contract Administrator: The City Manager or authorized representative (hereinafter designated as "Administrator") shall be the administrator of this agreement. CONTRACTOR is responsible for performance of each and all tasks to be performed herein under the supervision and control of the Administrator. 2. Proiect Descriation: CONTRACTOR will pick up and transport "eligible persons" passengers upon telephone request 24-hours a day, seven days a week (including holidays) identified and within the stated geographic boundaries as identified in Exhibit "A" of this Agreement. "Eligible persons"under this Agreement means City of Lynwood residents who are: (1) Handicapped persons, as defined in Section 99206.5 of the California Public Utilities Code. (2) Persons with a developmental disability, as defined in subdivision (a) of Section 4512 of the California Welfare and Institutions Code. (3) Individuals with disabilities who are determined to be eligible for complementary paratransit services under Title II of the Americans with Disabilities Act of 1990 (P.L. 101-336). (4) Persons who are 55 years of age or older. 3. Service to be aerformed by CONTRACTOR• Services to be performed by CONTRACTOR in connection with the subject of this agreement shall be as follows: a. Accept telephone requests from any eligible rider for Dial-a-Ride services and dispatch a vehicle to the pick-up location. The vehicle shall arrive at the pick-up location within 15 minutes from the time the telephone request was received by CONTRACTOR. It is intended that transportation services be provided for employment, education, medical, and personal reasons. Paratransit services shall be provided without regard to whether the person is a member of a household which owns a motor vehicle. The CONTRACTOR shall honor any current identification card which is valid for the type of transportation service or discount requested. CONTRACTOR shall keep in close contact with the county welfare department in order to ensure that transportation is available for purposes of assisting recipients of aid under Chapter 2 (commencing with Section 1 1200) of Part 3 of Division 9 of the Welfare and Institutions Code in order to promote welfare-to-work programs. As special activities, CONTRACTOR will provide the following: 1. Two vans, twice a month for special shopping excursions to selected shopping centers within the City of Lynwood as well as surrounding communities. The pick up point will be the Lynwood Community/Transit Center or other locations to be determined by City of Lynwood staff members. The participants would then either be returned to the Community/Transit Center or their individual place of residence. The days and other details are to be mutually agreed upon between CONTRACTOR and CITY. 2. CONTRACTOR will further provide transportation to special events and activities as may be mutually agreed upon. b. Days and Hours of Operation: 1. CONTRACTOR shall provide reservations and rider services twenty-four (24) hours per day, seven (7) days per week, including holidays. 2. Coupons will be available for purchase at the Community/Transit Center, 11301 Bullis Road, in Lynwood, Monday through Thursday during normal office business hours. c. To maximize service efficiency and productivity, CONTRACTOR shall offer the Following options for residents to reserve a trip: 1. Reservation Service: Patrons may reserve a trip up to two (2) weeks in advance, specifying the time of pick-up and destination for aone-time only trip. 2. Subscription Service: Patrons may schedule a standing pick-up for the same time daily or weekly. CONTRACTOR shall maintain a list of said appointments at its dispatch facility. In the event of contract termination said list shall be provided to CITY. d. CITY Dial-a-Ride passengers shall pay a set fare per trip, as determined by the CITY. CONTRACTOR will invoice the CITY at each trip at the rate of $15.0() per trip plus an administrative fee in the sum of X7,699.00 per month. CONTRACTOR may accept fare tickets only if authorized to do so in writing by the CITY. 4 e. Complaints: All complaints must be responded to by the CONTRACTOR within one week of the time the complaint is received. The response should be a letter which specifically addresses the complaint and explains the reason for the events which precipitated the complaint. A copy of each letter sent by the CONTRACTOR respondins*. to complaints must be sent to the Administrator. f. CONTRACTOR shall gather ridership data and report such information to the Administrator on a monthly basis. More frequent reporting will be acceptable. The type of data to be collected shall be determined by the Administrator. g. Dedicated Telephone Line: CONTRACTOR shall provide atoll-free dedicated telephone line using the CITY'S existing Dial-a-Ride telephone number. CONTRACTOR shall provide several toll free call boxes at scattered sites in the CITY that residents can use to call for a ride. The number and locations of toll free call boxes shall be determined by the Administrator. h. Vehicles, Maintenance, Appearance/Inspections: 1. Vehicles: CONTRACTOR shall provide 1992 or newer vehicles in sufficient number to meet the service performance. It shall be CONTRACTOR'S responsibility to meet the service performance standard of 5 to 15 minutes response time. CONTRACTOR shall also provide ADA compliant handicapped accessible vans to accommodate all wheelchairs, including motorized wheelchairs, in sufficient numbers to meet the same equitable performance standard of 5 to 15 minutes response time. The Administrator shall determine if the CONTRACTOR is supplying a sufficient number of vehicles to meet the 5 to 15 minutes response time. In the event CONTRACTOR fails to meet the 5 to 15 minutes response time, the Administrator is hereby authorized to demand that the CONTRACTOR increase the number of vehicles and the CONTRACTOR'S noncompliance shall be material default of this Agreement. It shall be CONTRACTOR'S responsibility to maintain and operate all CONTRACTOR owned vehicles at its sole cost and expense, and CONTRACTOR shall pay all costs relating to maintenance, insurance, fuel, driver's wages, taxes, fringe benefits, uniforms, licensing, dispatching, radio equipment, training, supervision, management, service monitoring, and vehicular accident reporting. All such liability shall be the sole responsibility of CONTRACTOR. 1n addition, CONTRACTOR, at its sole expense, shall provide two-way radios in each vehicle. Taxis shall have a taxi meter with a current approval and inspection by the Department of Weights and Measures. All CONTRACTOR owned vehicles shall meet all applicable codes and laws for operating general public paratransit on public streets and highways in California. CONTRACTOR shall have a No Smoking Police for all vehicles at all times regardless of whether or not there are any passengers in the vehicles. All vehicles shall be regularly and systematically inspected, maintained, and lubricated by the CONTRACTOR in accordance with the manufacturer's recommendations, or more often if necessary to ensure the safe operating condition of the vehicle. The maintenance shall include, at a minimum, in-depth inspection of the vehicle's brake system, steering components, lighting system, and wheels and tires, to be performed at intervals in accordance with the manufacturer's recommendations. CONTRACTOR shall document each systematic inspection, maintenance, and lubrication and repair performed for each vehicle. Required records shall include service performed, the name of the person performing the service, the date that the service ~i•as performed, and the odometer reading of the vehicle at the time of the service. The records shall be maintained for the period that the vehicle is in service, and shall be presented upon demand to the Administrator. The odometer of a vehicle shall be maintained in proper working order. 2. Appearance: All "in-Cty"Dial-a-Ride taxi vehicles shall be uniform in appearance and have the "Fiesta Taxi" logo and color scheme. For return medical trips outside of the CITY other ASC Co-op vehicles can be used. All Dial-a-Ride taxi vehicles shall be cleaned daily prior to each vehicle service day and shall be kept clean throughout the day. Vehicle exteriors shall be washed not less than once per week, and after any rain or other circumstances that compromise the vehicles clean appearance. Floors shall be free of stains, paper or other debris, gum or other sticky substances. Windows shall be free of dirt, dust, smudges, hands or fingerprints, exterior and interior. Dashboards, wheel wells, rails and ledges shall be kept clean, dirt and grease free. Seating areas shall be kept clean and in good repair with attention paid to cleaning upholstery on a regular basis. Wheelchair lifts shall be kept clean and in good repair. CITY reserves the right to remove from service any vehicle, which in the Administrator's judgement, does not meet its appearance and cleanliness standards. Complete vehicle detailing shall be the responsibility of CONTRACTOR on atwice-yearly basis. Vehicle detailing must be accomplished by scheduling the process in such a manner as to not affect current level of service provision. i. Materials: The CONTRACTOR shall provide the CITY with the following program materials as necessary for the appropriate implementation of the profn-am. 1. Program coupons used for payment by customers. Books of 10 coupons will be sold to qualifying participants by simply requiring proof of residency. A current California Driver's License or I.D. Card plus a current utility bill could be used at the time the coupon books are purchased. A maximum often (I 0) coupons per month per qualified person is recommended. 2. Brochures, fliers, and other documents necessary for the advertisement of the program. 3. Service to be performed by the CITY: In connection with the service and this agreement, the CITY shall: 6 a. Designate hours of service and geographical boundaries of service. b. Set public fares for the service. c. Give prompt written notice to CONTRACTOR when Administrator observes or otherwise becomes aware of any deficiency in CONTRACTOR'S service. 4. Changes: The CITY reserves the right to order an increase or decrease in the level of service provided with (30) days written notice. 5. Comaensation and Method of Pavment: The CITY shall pay CONTRACTOR for services at the approved rate in effect at the time service is provided under this agreement. a. Payment Process: CONTRACTOR shall submit invoices to CITY no later than the 10`h of the month for service provided the previous month. Invoices and required documentation will be on forms approved by CITY and will be accompanied by valid and fully filled out Trip Tickets listed on the invoice. Invoices submitted in a timely manner with all required documentation will result in payment in about thirty (30) calendar days to CONTRACTOR. b. Fare and Tipping Policies: I . Drivers shall not accept tips or other forms of gratuities. CONTRACTOR shall develop a plan to insure that this policy is adhered to, including conducting on-board sting investigations. CONTRACTOR shall also have a policy that drivers will automatically be terminated for accepting tips. 6. Reporting Requirements: a. Budget: The CONTRACTOR shall receive an annual budget from the CITY. This annual budget is the total funding available for all aspects of the program. The CONTRACTOR may not exceed the annual budget without prior written approval by the CITY. The CONTRACTOR must advise the CITY as to status of ridership and related expenses on a monthly basis to be included with the billing submitted to the CITY. At minimum included with each monthly billing to the CITE' must be statistics such as monthly ridership, year-to-date ridership, monthly expenses and year-to-date expenses. The CONTRACTOR shall also meet with the CITY as determined by either entity to review and discuss budget or related matters in order to see that the annual budget is not exceeded. b. Submittals: CONTRACTOR shall submit all .reporting documents as required and at the frequency established by CITY. These shall include, but not be limited to: monthly statistical reports submitted with monthly invoicing, driver's logs and office logs for dates requested for the purpose of documenting on-time performance standards. CONTRACTOR shall also submit written reports on an irregular basis as requested by CITY for specific purposes. If required, CONTRACTOR shall provide a Federal Transit Administration National Transit Database Report (Formerly known as Section X~') to the Metropolitan Transportation Authority (MTA). CONTRACTOR shall be liable for the cost of any funding penalties due to the failure to comply with this reporting requirement. c. Daily Records: Daily passenger and vehicle trip logs shall be maintained by drivers and shall include, but not be limited to, the following: Driver name and vehicle number; total daily passenger counts; no shows and cancellations; fare type, if applicable; passenger name, telephone number, pick up and drop off addresses; passenger pick up and drop off times; passenger trip type by category (i.e. shopping, medical); mileage recorded for each passenger pick-up and drop-off as well as daily mileage by vehicle. including starting and ending mileage for the day. Dispatching shall also keep records of pick-up request orders taken. A "trip ticket" for each order shall include the caller's name, telephone number, pick-up and drop-off address, time the call was received and time the call was dispatched. d. Monthly Summaries: A monthly summary shall be attached to the CONTRACTOR'S billing invoice and shall include the following: Passenger data by fare category or trip type; total vehicle miles and revenue miles; total vehicle hours and revenue hours; passengers per hour; miles per passenger; fares collected; no shows and cancellations; response to passenger complaints; accident or incident investigation findings. Information shall be broken down by day. e. Incident Reports: Drivers shall be required to complete "incident reports" after any out of the ordinary occurrence during service. Such reports must be submitted for CITY review within 48-hours and should be submitted after such incidents as disputes with or between passengers, passenger injury or accidents (during boarding or on-vehicle), passenger misconduct. f. Vehicle Accidents: Accidents (even when there is no vehicle damage visible to the vehicles must be reported immediately to CITY. Within 24-hours after the accident, a written accident form from the CONTRACTOR must be submitted to CITY. CONTRACTOR shall have sole responsibility, at its own expense, for repair of Dial-a- Ridevehicles damaged in a vehicular accident. CITY shall retain the right of accident investigation as it sees fit; and may request drug/alcohol screening of a driver found to be at fault under specific circumstances. g. Patron Complaints: CITY and CONTRACTOR shall investigate and document all complaints or citizen concerns as a part of program administration. CITY may require action in the form of employee disciplinary action or complaint investigation on the part of CONTRACTOR. CONTRACTOR shall issue "free" ride coupons to all patrons with complaints that are found to be the result of CONTRACTOR error. The coupons will be provided by CITY. CONTRACTOR shall bear the burden of the passenger fare lost as a result of the "free" ride coupon. h. Quality Assurance: Jointly CITY and CONTRACTOR shall develop a quality assurance program and form that will be used to assess adherence to obtaining: service performance standards. CITY staff and CONTRACTOR shall meet as necessary to insure adherence to the contract requirements, to discuss overall service operations and to develop corrective measures. 7. Indeuendent Contractor: CONTRACTOR'S relationship to the CITY in performance of this agreement is that of an independent contractor. The personnel performing services under this agreement shall at all times be under CONTRACTOR'S exclusive direction and control. CONTRACTOR shall pay all wages, salaries, and other amounts due such personnel in connection with this agreement; and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, and worker's compensation insurance. 8. Relationshiu of the Parties: CONTRACTOR is an independent CONTRACTOR and no employer-employee relationship is created. CONTRACTOR'S drivers, mechanics, dispatchers and other employees shall be CONTRACTOR'S employees and not those of CITY. 9 . Permits and Licenses: CONTRACTOR shall maintain in force during the contract period, all licenses and permits required by law for the operation of CONTRACTOR'S business in Lynwood including applicable business license and any permits required from Public Utilities Commission. 10. Insurance: During the term of this agreement. CONTRACTOR shall procure and maintain the following insurance from a company acceptable to the CITY as described below: a. Comprehensive general liability insurance with a combined single limit of not less than $1,000,000.00 per occurrence. b. Commercial automobile liability insurance with a combined single limit of not less than $1,000.000.00 per occurrence. Such insurance shall: I . Include coverage of all vehicles used in this service. 2. Name the City, its elected and appointed officials, officers, employees, and agents as additional insured. 3. Be primary of all purposes. 4. Contain standard cross-liability provisions. CONTRACTOR shall name the CITY as additional insured on said policies and shall provide evidence of such insurance. Such policies shall provide that they may not be cancelled without at least thirty (30) days written notice to the CITY. If CONTRACTOR, for any reason, fails to maintain insurance coverage, which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. CITY at its sole option, may forthwith terminate this Agreement and obtain damages from the CONTRACTOR resulting from said breach. Alternatively, CITY may 9 purchase such required insurance coverage, and without further notice to CONTRACTOR, CITY may deduct from sums due to CONTRACTOR to pay any premium costs needed to maintain insurance during performance. 11. Worker's Comaensation: CONTRACTOR certifies that it is aware of the provisions of the Labor Code of the State of California which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 12. Personnel Requirements: a. Supervision: Supervision of the day-to-day operations of the Dial-a-Ride program shall be vested in the CONTRACTOR. A full-time employee of the firm shall be assigned as the Project Manager, and shall show by decision and action to be competent in all aspects of service operations. The assigned individual shall be available by telephone during all hours of the operational day to make decisions, supervise staff and provide coordination as necessary. b. Right of Rejection: CONTRACTOR shall remove any personnel including, but not limited to, the Project Manager from the City of Lynwood Dial-a-Ride Program, which the CITY determines to be unsatisfactory. In addition, the CITY is to be notified within five (5) days of the hiring and/or replacement of the Project Manager. c. Dispatcher: Because the dispatcher is an invaluable component of a successful Dial- a-Ride program, the dispatcher shall have demonstrated experience in dispatching for Dial-a-Ride services. d. Personnel Knowledge: CONTRACTOR'S personnel (i.e., Project Manager, dispatcher and drivers) must be knowledgeable on Dial-a-Ride communications equipment, patron service requirements, and be familiar with the street network in the City of Lynwood and surrounding community service area. In addition, the dispatcher and/or reservation takers shall be bilingual in Spanish and English. e. Driver Qualifications: CONTRACTOR is to have a personnel program which includes recruitment, hiring, training and performance review. All drivers shall be legally licensed to operate a taxi and pass a fingerprint background check as established by the City's Business License requirements. Drivers must have a satisfactory Department of Motor Vehicles record. Drivers must receive sensitivity and safety training. Drivers shall assist any passenger having difficulty in boarding. Drivers shall assist passengers in wheelchairs with boarding and tie downs. Drivers are to be alert, clean, careful, courteous and competent in their driver skills. Drivers shall wear a uniform consisting of blue or black pants, white shirt and closed-toed shoes and name badge. (This may be modified to reflect CONTRACTOR'S standard uniform). 10 f. Driver Safety Program: CONTRACTOR shall have an ongoing safety program that promotes and rewards safe driving. g. Unauthorized Aliens: CONTRACTOR shall comply with all provisions of the Federal Immigration and Nationality Act, as amended, and shall not emplo}~ unauthorized aliens as defined therein. h. Substance Abuse Screening Policy: CONTRACTOR shall participate in a testing program of the United States Secretary of Transportation, and require all drivers to participate in a program consistent with the controlled substances and alcohol use and testing requirements of the United States Secretary of Transportation as set forth in Part 382 (commencing with Section 382.101), Part 653 (commencing with Section 653.1), or Part 654 (commencing with Section 654.1 } of Title 49 of the Code of Federal Regulations. The CONTRACTOR shall further require all drivers to participate in the pull notice system as required by Califomia Vehicle Code Section 34520.5. CONTRACTOR shall comply with all aspects of the Federal Transportation Administration's drug and alcohol testing regulations. Testing shall include at a minimum, apre-employment screening procedure, testing after an accident, testing on reasonable suspicion, random testing, and training of supervisors to recognize drug and alcohol symptoms. In addition, CONTRACTOR shall comply with the alcohol testing certification program that is set forth in California Government Code Section 53075.5 and/or any program adopted by the CITY pursuant to said code section. i. Personnel Policy: Upon request, CONTRACTOR shall provide to CITY its personnel policy regarding reimbursement for sick leave, holiday and vacation pay, wage scales, overtime policy, maternity leave policy. CONTRACTOR'S personnel policy shall be in conformance with all applicable State and Federal laws. j. Driver's Records: CONTRACTOR is to provide to CITY, for each driver, upon request by CITY, copies of driver's license, update training reports as well as Department of Motor Vehicle reports. k. Resident Hiring: CONTRACTOR shall make every attempt to recruit personnel engaged in the operation of this service from the City of Lynwood, if at all possible. 1. Taxicab Business Permit: CONTRACTOR shall apply for and obtain a taxicab business permit from the CITY and comply with all of the provisions of City of Lynwood Municipal Code for Licensing and Business Regulations for Taxicabs 4-32.1 through 4- 32.55. 13. Mediation: The parties hereto for mediation shall refer any dispute or contro~~ersv arising under this agreement, or in connection with any of the terms and conditions hereof. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the event parties hereto. If the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at la«~ or in equity with respect to any such dispute or controversy. 14. Insurance/Indemnification Requirements: a. Comprehensive General Liability: Without limiting the CONTRACTOR'S indemnification of CITY', CONTRACTOR shall provide and maintain throughout the life of the contract a program as set forth in Exhibit Independent Cities Risk Management Authority (ICRMA), Insurance Requirements for Contractors. However, CONTRACTOR shall provide coverage with limits of $5,000,000 rather than the minimum limits of $1,000,000 set out in said Exhibit. All insurance requirements as set forth in Exhibit _, or as modified by ICRMA, shall be maintained pursuant to terms acceptable to CITY. b. Indemnity: Except for the negligence or willful misconduct of CITE', CONTRACTOR shall indemnify and hold the CITY of Lynwood, its elective and appointed boards, officers, agents, assigns and successors in interest, harmless from all suits, and causes of action, claims, losses, demands and expenses, damages or liability, including but not limited to all reasonable attorney's fees and other costs incurred in defending any claims arising out of or in connection with the services performed by CONTRACTOR under this agreement. Such indemnity shall extend, but not be limited to, claims, damages, and liability arising from injuries or damages to person or property of either party hereto or of any third party, arising in any manner by reason of, or incident to, the performance of service on the part of CONTRACTOR or any subcontractors provided that the obligation to indemnify shall not extend to claims, damages, or liability arising solely from the negligence or misconduct of the CITY or its officers, agents, or employees. c. Proof of Insurance: CITY shall be named as additional insured on all policies required herein, and CONTRACTOR shall furnish CITY with satisfactory proof of the carriage of insurance required. together with adequate legal assurance that each carrier shall give CITY at least thirty (30) days prior written notice of cancellation of any policy during the effective period of the contract, by re;~istered or certified mail. 12 d. Additional Requirements: In addition, requirements of CONTRACTOR shall include the following: 1. Insurance shall be primary with respect to any insurance maintained by CITY and not contributing with any other insurance maintained by CITY; 2. Insurance shall be maintained from brokers or carriers authorized to transact insurance business in the State of California; 3. Evidence of insurance shall be submitted to and approved by CITY prior to the commencement of any work or tenancy under the proposed contract; 4. If any of the required insurance coverage contains aggregate limits, or apply to other operations or tenancy of CONTRACTOR outside the herein contract, CONTRACTOR shall give CITY prompt written notice of any incident, accident, occurrence, claim settlement or judgement against such insurance that may diminish the protection such insurance affords CITY. CONTRACTOR shall take further immediate steps to restore such aggregate limits or shall provide other insurance coverage protection for such aggregate limits. Insurance programs and self-insured retention in these policies are subject to approval by CITY upon review of evidence of CONTRACTOR'S financial ability to respond. In addition, such programs or retention must provide CITY with at least the same protection form liability and defense of suits or claims as would be afforded by first-dollar insurance. All CONTRACTORS must provide necessary Worker's Compensation insurance coverage. The form as set out in Exhibit _ must be submitted regarding compliance to Worker's Compensation. 15. Notices: All notices herein required shall be in writing and delivered in person or sent by registered mail, postage prepaid. Notice required to be given to the CITY shall be addressed as follows: City Manager City of Lynwood 11330 Bullis Road Lynwood, CA 90262 Notice required to be given to the CONTRACTOR shall be addressed as follows: Administrative Services Co-op Attn: Victor Caballero 2129 West Rosecrans Avenue Gardena, CA 90249 13 16. Suspension/Cancellation/Termination of Contract• a. Suspension/Cancellation of Contract for Cause: The CITY reserves the right to cancel the contract, without cause, with thirty (30) days notice. In addition, the following are basis for termination of contract by the C1T1'. 1. Bankruptcy of CONTRACTOR or assignment by it for the benefit of creditors: 2. Failure or refusal of CONTRACTOR (after written warning by CITY) to perform service as specified herein in a satisfactory manner; 3. Failure or refusal of CONTRACTOR to comply with CITY instructions or with applicable local, state or federal codes and laws; 4. Failure by CONTRACTOR to perform any of its obligation shall not constitute a breach of contract if such failure is caused by an act of God which causes an interruption or cessation of service; neither will the CITY be held to make payment for such services which are not provided as described herein. 5. CITY reserves the right to withhold payments to CONTRACTOR, suspend the contract and/or provide substitute service with all charges in excess of contract rate to be paid by CONTRACTOR, in the event CONTRACTOR fails to meet any of the specifications in regard to vehicle or safety quality as described in this document, until such time as the CITY determines that CONTRACTOR has satisfactorily corrected any deficiencies. Such suspension shall be considered for cause, and CONTRACTOR may not claim any liquidated damages against CITY for any suspension action. b. Suspension/Cancellation Beyond Control of Contractor: [fat any time prior to the expiration of the contract (or subsequent extensions thereto) CITY considers it impractical or undesirable to continue performance of the work or any portion thereof, whether or not for reasons for which either party is responsible, or for reasons beyond the control of the CITY, CITY shall have the authority to cancel or suspend performance of operations after thirty (30) days written notice to CONTRACTOR, until such time as it may determine the feasibility or desirability of proceeding. c. Termination: The CITY may terminate this agreement at any time with or without cause by giving thirty (30) days written notice to the CONTRACTOR. CONTRACTOR shall be compensated based upon the work which has been completed, and CONTRACTOR shall be entitled to no further compensation. 14 17. Assignment: This Agreement shall not be assigned without written consent of the CITY. During the term of this Agreement, and to the extent permitted by law, CONTRACTOR shall have the exclusive right to operate the Dial-a-Ride, and CITY shall not enter into any agreement with any other person or entity for the operation of a similar system without the prior written consent of CONTRACTOR, with the following exception: Should CITY wish to modify the services provided by CONTRACTOR (i.e., increase service area, etc.) and CONTRACTOR cannot provide, or elects not to provide, the modification requested, CITY shall have the option to retain the services of another contractor. Upon reassignment to another contractor, the service provided by CONTRACTOR may continue, be curtailed, suspended or canceled at CITY'S discretion. 18. Term: The term of this Agreement shall be from August 1, 2001 through June 30, 2004. 19. Oation to Renew: CITY reserves the right to extend this contract, upon mutual agreement of the parties, for two successive one-year terms. Extension negotiations shall commence six (6) months prior to the expiration of the original two (2) year term and/or the first extension period thereto. Should the parties fail to reach agreement within a reasonable period of time, CITY shall release a Request for Proposal for the Dial-a-Ride Program. CONTRACTOR agrees to continue performance of the contract until a successor provider commences operation. ]$ SIGNATURE PAGE IN WITNESS WHEREOF, this agreement was executed on the day and year first mentioned above. ADMINISTRATIVE SERVICES COOPERATIVE, INC. (dba Fiesta Taxi) Victor Caballero, Vice President and Senior Director of Marketing CITY OF LYNWOOD Paul H. Richards, II, Mayor ATTEST: Andrea Hooper, City Clerk APPROVED AS TO FORM: Shan K.Thever, Esq. City Attorney 16 EXHIBIT A Included in the approved service areas are the following cities and locations: City of Lynwood City of Bellflower City of Huntington Park City of Downey Los Angles County Martin Luther King Hospital City of Bell Los Angeles County General Hospital City of South Gate City of Compton City of Cudahy City of Lakewood Los Angeles International Airport Area (LAX) Alternative Locations: Alternative locations not noted above must be approved through the office of the Administrator of this Agreement or his designee without additional cost to the CITY or individual patron(s). recreatn~corres\final contract -fiesta taxi 17 LICENSING AND BUSINESS REGULATIONS 4-32 a. The private patrol licensee shall file a written application in the office of the Chief of Police, upon forms furnished by the Chief of Police, containing all of the information required by subsection 4-31.2 and shall be signed by the private patrol licensee, or an officer, partner or manager of the private patrol licensee. b. No applicant shall commence to operate or do business in the City until he has paid his business license tax as required by subsection 47.9 and has complied with all of the provisions of this section required as a prerequisite to operating as a private patrol operator or operating a private patrol service in the City. __ c. The Chief of Police shall cause all applications to be filcd and indexed in his office and to be maintained there until such time as they may be .destroyed in the manner provided by law. d. No such applicant shall commence to operate or do business in the City if the Chief of Police, or other person performing the functions of said office, determines him to be of bad moral character. e. The phrase "bad moral character" used in the preceding paragraph shalt include, but shall not be limited to, conviction of any felony or any other crime involving moral turpitude. (Code 1972 §27-8; Ord. #1016, §§1-4) 4-32 TAXICABS.' 4 - 3 2.1 Definitions. As used in this section: Cruising shall mean the driving of a taxicab on the streets, alleys or public places of the City in search of, or soliciting, passengers for hire. Driver shall mean and include each person in charge of driving or operating any taxicab, either as agent, employee or otherwise. _ Driver's license shall mean the permission granted by the traffic authority to a person to drive a taxicab upon the streets of the Ciry. Holder shall mean a person to whom a permit has been issued pursuant to this section. 'State law reference: Commercial passenger vehicles, Vehicle Code, § 16500. 497 432 LYNWOOD'CITY CODE Manifest shall mean a daily record prepared by a taxicab driver of all trips made by the driver, showing the time and place of origin, destination, number of passenger and the amount of fare of each trip. Owner shall mean every person having the ownership, use or control of any taxicab who operates or proposes to operate the taxicab as a business within the City. Permit shall mean the authority issued to an owner authorizing him to operate or have operated a specific number of taxicabs upon the public streets of the City. -` Rate card shall mean a card issued by the Traffic Authority in each taxicab which contains the rates of fare then. in force. Taxicab shall mean a motor vehicle regularly engaged in the business of carrying passengers and their baggage for hire, having a seating capacity of less than six (6) persons and not operating on a fixed route irrespective of whether br not the operations extend beyond the City. Taximeter shall mean a meter instrument ar device attached to a taxicab which measures mechanically the distance driven and the waiting time upon which the fare is based Traffic Authority shall mean the Chief of Police of the City. Waiting time shall mean the time when a taxicab is not in motion from the time of acceptance of passengers to the time of discharge, but does not include any time that the taxicab is not in motion if due to any cause other than the request, actor fault of a passenger. (Code 1972 §31-14) 4-32.2 Proof of Financial Responsibility. Holders shall be required to file with the City Council and thereafter keep in full force and effect, proof of compliance with Section 16500 of the State Vehicle Code. The holder shall file an endorsement of the proof of compliance with the City Clerk, wherein it is provided that the insurance policy or other security shall not be canceled by the insurer or at the request of the insured uatil the City shall have notice in writing at least ten (10) days immediately prior to the time when such cancellation shall become effective. Notice of such cancellation shall be addressed to the City Clerk at City Hall. (Code 1972 §31-15) 4-32.3 Required Service. a. Scope. Each person engaged in the taxicab business in the City operating under the provisions of this section shall render an overall service to the public desiring to use taxicabs. 498 LICENSING AND BUSINESS REGULATIONS 4-32 b. All Calls For Service To Be Answered: Holders of permits issued pursuant to this Section shall answer all calls received by them for service inside the City as soon as they can do so and, if services cannot be rendered within a reasonable time, they shall then notify the prospective passengers how long it will be before the call can be answered and give the reason therefor. (Code 1972 § § 31-16, 31-17) 4-32.4 Refusal To Provide Required Service, Violation; Revocation Of Permit: Any holder of a permit issued pursuant to this Section who shall refuse to accept a call anywhere in the City at any time when the holder has available cabs or who shall fail or refuse to give overall service, shall be deemed a violator of this Section and the permit granted to the holder shall be revoked at the discretion of the Traffic Authority. (Code 1972 §31-18) 4-32.5 Continuous Operation Of Authorized Taxicabs: The holder shall use or operate continuously the number of taxicabs authorized by his permit issued pursuant to this Section for the purpose of transporting individuals for hire upon trips originating within the City. (Code 1972 § 31-19) 4-32.6 Manifests: a. Every driver subject to this Section shall maintain a daily manifest upon which are recorded all trips made each day, showing time and place of origin and destination of each trip and amount of fare and all completed manifests shall be returned to the owner of the taxicab by the driver at the conclusion of his tour of duty. b. The forms for each manifest shall be furnished to the driver by the owner of the taxicab and shall be of a character approved by the Traffic Authority. c. Each holder of a permit issued pursuant to this Section shall retain and preserve all drivers' manifests in a safe place for at least the next calendar year following the current calendar year, and the manifests shall be available to the Traffic Authority. (Code 1972 § 31-20) 4-32.7 Cruising: No driver subject to this Section shall cruise in search of passengers except in such areas and at such times as shall be designated by the Traffic Authority. Cruising areas and times shall only be designated when the Traffic Authority finds that taxicab cruising would not congest traffic or be dangerous to pedestrians and other vehicles. (Code 1972 §31-21) 4-32.8 Additional Passengers: No driver subject to this Section shall permit any person other than the person first employing the taxicab to occupy or ride in the taxicab unless the person first employing the taxicab shall consent to the acceptance of additional passengers. (Code 1972 §31-22) 499 Rev. Ord. Supp. 1/98 ,,~,. --~ 4-32 LYNWOOD CITY CODE 4-32.9 Drivers Not To Sell Intoxicating Liquors Or Solicit For House Of Ill Repute: It shall be unlawful for any driver subject to this Section to engage in selling intoxicating liquors or solicit business for any house of ill repute. (Code 1972 §31-23) 4-32.10 Operation From Place Other Than Authorized Stand Or Garage: It shall be unlawful for any taxicab to be operated from any place in the City except a stand authorized by the City Council or Traffic Authority in accordance with this Section or Chapter 7 or from a private or public garage or parking space on private property. (Code 1972 §31-24) 4-32.11 Operation By Females: Repealed. (Code 1972 §31-25; Ord. #1436, §1) 4-32.12 Operation By Person Other Than Owner Or Employee: No taxicab for which a permit shall have been issued pursuant to this Section shall be operated by anyone but the owner or any employee of the owner. (Code 1972 §31-26) 4-32.13 Agreement Between Owner And Driver For Lease Of Taxicab Prohibited: It shall be unlawful for the owner or any driver of any taxicab to enter into any contract, agreement or understanding between themselves by the terms of which the driver pays to the owner a fixed or determinable sum for the use of the vehicle. (Code 1972 §31-27) 4-32.14 Soliciting Patronage: It shall be unlawful for the owner, driver or other employee or agent of a taxicab to solicit patronage of persons assembled at the scheduled stop of any common carrier or at intermediate points along any established route of such a carrier or at a stand of another taxicab owner when persons have assembled for the purpose of using the service of a common carrier or vehicle of another owner. However, this Subsection shall not be construed to prohibit or interfere with response to any call for a taxicab made by telephone or by signal from a pedestrian. (Code 1972 §31-28) 4-32.15 Provisions Of This Section To Be In Lieu Of Other Licensing Provisions: All persons who shall come within the purview of and are subject to the terms of this Section shall be excepted from this Chapter. (Code 1972 §31-29) 4-32.16 Appeals From Administrative Determinations: a. Within thirty (30) days after the rejection of an application for a driver's license pursuant to this Section or the decision of the Traffic Authority prescribing new or different rates for the use of taxicabs, the applicant, germittee or licensee may file a written appeal with 500 Rev. Ord. Supp. 1/98 LICENSING AND BUSINESS REGULATIONS 4-32 the City Clerk stating in detail the reasons why the application for a driver's license should be granted or why the decision of the Traffic Authority prescribing new or different rates for the use of taxicabs should be revoked notwithstanding the action of the Traffic Authority to the contrary. b. Within twenty-four (24) hours of the receipt of the written appeal, provided for by paragraph a., the City Clerk shall advise the Traffic Authority of the appeal and within the same period will fix a date and time for the hearing of the appeal by the Council and notify the applicant, permittee or licensee and the Traffic Authority thereof by registered mail, which date must not be more than ten (10) days from the date the appeal is filed with the City Clerk. c. Upon receipt of notice that an appeal has been filed, the Traffic Authority shall furnish the Council with a written report of the reasons for the rejection of the driver's license. The filing of his written report based upon his investigation of the complaint that the rates being presently charged are excessive in accordance with this section shall be deemed sufficient compliance with this subsection insofar as an appeal fmm the decision of the Traffic Authority fixing new or different rates is concerned. d. The Council shall deny the appeal and affirm the decision of the Traffic Authority if it finds the applicant has failed to .comply with any of the provisions of this section or the laws of the United States or of the State, the violations of which reflect unfavorably on the fitness of the permittee or licensee to offer public transportation. e. The decision of the Council shall be final. (Code 1972 §31-30) PART A. OWNERS' PERMITS 4-32.17 Permit ReQuired; Issuing Authority. No person shall operate or permit a taxicab owned or controlled by him to be operated as a vehicle for hire upon the streets of the City without having first obtained a permit from the Council if it is an original application, or fmm the Traffic Authority if it be an application for the renewal of a pernut. (Code 1972 §31-36) 4 - 3 2.18 Application. An application for a permit required by this section shall be filed with the City Clerk upon forms provided by the City, containing such information as may be provided by the rules and regulations of the Traffic Authority or the council pertinent to the operation of the taxicab business and as to the character and quality of the service; the application shall be verified under oath. (Code 1972 §31-37) SOI 432 LYNWOOD CITY CODE 4-32.19 Prerequisites to Issuance. No permit shall be issued under Part A until the following minimum conditions are complied with: a. The applicant has not been convicted of a felony or of a crime involving moral turpitude or of reclEless driving or driving while under the influence of intoxicating liquor. b. The applicant is a citizen of the United States or one who has regularly declared his intention to become a citizen and is more than twenty-one (21) years of age. c. The applicant has complied with all the provisions of this section including satisfactory evidence that the minimum requirements for liability insurance required by this section have been met; however, if the applicant produces evidence satisfactory to the Council that the liability insurance required by this section will be procured prior to the actual commencement of operations, then the permit may be issued conditioned upon its becoming effective at such time as the requirements of this section relating to liability insurance are met. (Code 1972 §31-38)~ 4-32:20 Permits Held Prior to Adoption of Section. The establishment of the public convenience and necessity shall not be necessary for granting the same number of. permits held by the applicant under the same name and color scheme on the date preceded by this section for the expiration of permits and the permit shall be classified as a renewal, and the applicant shall be guaranteed a permit provided he complies with Part A pertaining to renewal of permits. (Code 1972 §31-39) 4-32.21 Action on Applications for Original Permits., a. Upon the filing of an application for an original permit to be issued pursuant to Part A the Council shall fix a time and place far a public hearing thereon, Notice of the hearing shall be given to the applicant and to all persons to whom permits have heretofore been issued Due notice shall also be given to the general public by posting a notice of such hearing in the lobby of the City Hall, Any interested person may file with the City Clerk a memorandum in support of or in opposition to the issuance of a permit. b. Upon receipt of an application far an original permit to be issued pursuant to Part A the City Clerk shall refer the application to the Traffic Authority who shall investigate and report in writing to the Council before the tune set by the City Clerk for the hearing upon the application, upon the following matters: The public demand and need for the additional taxicab service. 2. The financial responsibility and experience of the applicant. 502 LICENSING AND BUSINESS REGULATIONS 4-32 3 • The character and fitness of the applicant. 4 • The adequacy of the existing service. 5. 'The mechatical condition, the safety, the cleanliness and appearance of the vehicle and the equipment to be used in the operations. c. If the Council finds that further taxicab service in the City is required by the public convenience and necessity and that the applicant is fit, willing and able to perform such public service transportation and to conform to the provisions of this section and the rules promulgated by the Traffic Authority, then the Council shall issue a permit stating the name and address of the applicant, the number of vehicles authorized under the permit and the date of issuance; otherwise the permit shall be denied. (Code 1972 §31-40) 4-32.22 Action on Application for a Renewal of Permit. a. ~ Subsection 4-32.21 shall not apply to any renewal permits and unless the applicant has violated any of the provisions of this section, the laws of the State or of the United States, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation, the Traffic Authority shall, upon the a this section, issue a renewal permit for one (1) year only, p yment of the fees prescribed by b. In the event the application for a renewal penmit is denied, the applicant shall have the right of appeal to the Council as provided within the section for appeals from administrative determinations. (Code 1972 §31-41) 4-32.23 Annual Fee. No permit required by this section shall be issued or continued in operation unless the holder has paid an annual license fee in an amount established by resolution of the City Council for the right to engage in a taxicab business, plus an additional fee established by resolution of the City Council for each year for each vehicle operated under the permit. The fee shall be for the calendar year and shall be in addition to any other license fees or charges established by proper authority and applicable to the holder or the vehicle under his operation and control; however, the applicant for any pemut under Part A shall be credited on the permit fee with the prorated balance of any business license fee paid by the applicant for the operation of taxicabs pursuant to any other provision of this Code. (Code 1972 § 31-42; Ord. # 1140, § 36) 4-32.24 Duration of Permits; Expiration Date. All permits issued under the provisions of Part A shall be for a period not to exceed one (1) yeaz, and all such shall expire upon the last day of the year for which they are issued. (Code 1972 §31-43~r~ts 503 432 LYNWOOD CITY CODE 4-32.25 Transferability. No permit issued pursuant to Part A may be sold, assigned, mortgaged or otherwise transferred without the consent of the council. (Code 1972, §31-44) 4-32.26 -=Suspension or Revocation. a. A permit issued under Part A may be revoked or suspended by the Council if the holder has violated this section nor the Hiles and regulations of the Traffic Authority or the Council, or has violater any provisions of this Code or other ordinances of the City or the laws of the United States or the State, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation. b. Before the suspension or revocation of a permit issued pursuant to Part A, the holder shall be entitled to a hcaning before the Council and shall be notified thereof. c. Notice of the hearing on suspension or revocation provided for in paragraph b. shall be in writing and shall be served at least ten (10) days prior to the date of the hearing. Service of the notice shall be upon the holder of the permit or his manager oz agent. The notice shall state the grounds of complaint against the holder and shall also state the time when and the place where, the hearing will be held. In the event the holder cannot be found or service of the notice cannot be made upon him in the manner provided in this paragraph, a copy of the notice shall be mailed, postage fully prepaid, addressed to the holder of the permit at his last known address at least ten (10) days prior to the date of the hearing. (Code 1972 §31-45) PART B. DRIVERS' PERMITS' 4 - 3 2.2 7 Permit Required. No person shall operate a taxicab for hire upon the streets of the City and no person who owns or controls a taxicab shall pemut it to be so driven, and no taxicab licensed by the City shall be so driven at any time for hire, unless the driver of the taxicab shall have first obtained and shall have then in force a taxicab driver's permit issued under the provisions of Part B. (Code 1972 §31-51) 4-32.28 Application. An application for a permit required by Part B shall be filed with the Traffic Authority on forms provided by the City, which application shall be verified under oath and shall contain the following information: 'State law references: Authority to license taxicab drivers, Vehicle Code, §§16501, 21100. 504 LICENSING AND BUSINESS REGULATIONS 4-32 a. The names and addresses of four (4) residents of the State who have known the applicant for a period of two (2) years and who will vouch for the sobriety, honesty and general good character of the applicant. b. The experience of the applicant in the transportation of passengers. c. The educational background of the applicant. d. A concise history of the applicant's employment. e. Evidence of compliance with a controlled substance and alcohol testing certification program. That certification program, and compliance with it, must meet the following requirements: 1. The applicant must test negative for each of the controlled substances specified in part 40 (commencing with section 40.1) of title 49 of the Code of Federal Regulations, before employment. (For purposes of this subsection e, "employment" includes self-employment as an independent driver.) Taxicab drivers must also test negative for these controlled substances and for alcohol as a condition of permit renewal. As used in this subsection el, a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent. 2. Procedures of the certification program must be substantially as in part 40 (commencing with section 40.1) of title 49 of the Code of Federal Regulations, except that the driver must show a valid California driver's Iicense at the time and place of testing. Requirements for rehabilitation and for return-to-duty and followup testing and other requirements must be substantially as in part 382 (commencing with section 382.101) of title 49 of the Code of Federal Regulations. 3. A test conducted in another California jurisdiction will be accepted as meeting the testing requirement of the City. Any negative test result will be accepted for one year as meeting a requirement for periodic permit renewal testing in the City if the driver has not tested positive subsequent to a negative result. However, an earlier negative result will not be accepted as meeting the preemployment testing requirement for any subsequent employment, or any testing requirements under the program other than periodic testing. 4. If the permitted owner of the taxicab or taxicabs is an employer, and the applicant for a driver's permit is an employee or prospective employee, then the following additional requirements are applicable: (a) The test results must be reported directly to the permitted owner that is the employer, or prospective employer, of the applicant for a driver's 505 Rev. Ord. Supp. 1/98 4-32 LYNWOOD CITY CODE permit. The permitted owner is required to notify the City of positive results with regard to any employee, or prospective employee, who is an applicant for a driver's permit or who seeks to renew a driver's permit. (b) Permitted owners that employ taxicab drivers are responsible for compliance with, and must pay all costs of, this program with respect to their employees and prospective employees, except that a permitted owner may require employees who test positive to pay the costs of rehabilitation and of return-to- duty and followup testing. (c) The permitted owner must notify the City upon termination of employment of a permitted taxicab driver. Upon termination, the driver's permit will become void, and the taxicab driver must return the permit to the City. 5. In the case of aself-employed independent driver, the following additional requirements are applicable: (a) Self-employed independent drivers are responsible for compliance with, and must pay all costs of, this program with regard to themselves. (b) The test results must be reported directly to the City, and the City must then notify the taxicab leasing company of record, if any, of positive results. (c) Upon the request of a driver applying for a permit, the City will give the driver a list of the consortia certified pursuant to part 382 (commencing with section 382.101) of title 49 of the Code of Federal Regulations that are known to offer tests in or near the City. 6. All test results are confidential and may not be released without the consent of the driver, except as authorized or required by law. 7. No evidence derived from a positive test result pursuant to the program will be admissible in a criminal prosecution concerning unlawful possession, sale, or distribution of controlled substances. 8. The City, by resolution, may Ievy service charges, fees, or assessments in an amount sufficient to pay for the costs of implementing and administering the procedures specified in this subsection e, which are mandated by California Government Code section 53075.5. (Code 1972 §31-52; Ord. #1434, §1) 506 Rev. Ord. Supp. 1/98 LICENSING AND BUSINESS REGULATIONS 4-32 4-32.29 Persons Eligible For Permit: The applicant for a permit required by Part B must meet the minimum conditions specified by subsection 4-32.19a for owners of taxicabs and, in addition thereto, shall have a current chauffeur's license issued by the State. (Code 1972 §31-53) 4-32.30 ~ Examination Of Applicant As To Knowledge Of The City: Before any application for a permit required by Part B is finally passed upon by the Traffic Authority, the applicant shall be required to pass a satisfactory examination as to his knowledge of the City. (Code 1972 §31-54) 4-32.31 Investigation Of Applicant: The Traffic Authority shall conduct an investigation of each applicant for a permit required by Part B and a report of the investigation and a copy of the traffic and police record of the applicant, if any, shall be attached to the application. (Code 1972 §31-55) 4-32.32 Fee: The initial and renewal fee for a permit required by Part B shall be in an amount established by resolution of the City Council. (Code 1972 §31-56; Ord. #1140, §37) 4-32.33 Action On Application: The Traffic Authority, shall upon his consideration and upon the reports and certificate required to be attached to the application for a permit required by Part B, approve or reject the application. In case the application is denied, the applicant may appeal in writing to the City Clerk as provided in this Section for appeals from administrative determinations. (Code 1972 §31-57) 4-32.34 Issuance Of Permit: Upon approval of an application for a permit required by this Part B, the Traffic Authority will issue a permit to the applicant. The permit must contain the name, address, age, signature, and photograph of the permittee, and, if applicable, the name of the permittee's employer. (Code 1972 §31-58; Ord. #1434, §2) 4-32.35 Duration: A driver's permit issued by the Traffic Authority is effective for the entire calendar year within which it is issued. The permit may thereafter be renewed on a calendar year basis upon payment of the applicable renewal fee and compliance with the controlled substance and alcohol testing certification program as specified in subsection 4-32.28e. (Code 1972 §31-59; Ord. #1434, §3) 4-32.36 Display Of License: Each driver issued a permit under Part B shall post his permit in such a place as to be in full view of all passengers while he is operating a taxicab. (Code 1972 §31-60) 507 Rev. Ord. Supp. 1/98 4-32 LYNWOOD CITY CODE 4-32.37 Suspension Or Revocation: a. A permit issued under Part B may be revoked or suspended by the City Council if the driver has violated this Chapter or the rules and regulations of the Traffic Authority or the City Council, or has violated any provisions of this Code or other ordinances of the City or the laws of the~United States-or the State, the violations of which reflect unfavorably on the fitness of the driver to offer public transportation. b. Before the suspension or revocation of a permit issued pursuant to Part B, the driver shall be entitled to a hearing before the City Council and shall be notified. c. Notice of the hearing on a proposed suspension or revocation provided for in subsection b above shall be in writing and shall be served at least ten (10) days prior to the date of the hearing. Service of the notice shall be upon the driver or his manager or agent. The notice shall state the grounds of complaint against the driver and shall also state the time when and the place where the hearing will be held. In the event the driver cannot be found or service of the notice cannot be made upon him in the manner herein provided, a copy of the notice shall be mailed, postage fully prepaid, addressed to the driver at his last known address at least ten (10) days prior to the date of the hearing. (Code 1972 §31-61) PART C. FARES 4-32.38 Rate Card To Be Filed With The Traffic Authority: The holder shall at all times keep on file with the Traffic Authority a rate card showing the rates being presently charged for the use of all taxicabs authorized by his permit issued pursuant to this Section. (Code 1972 §31-67) 4-32.39 Display Of Rate Card: Each taxicab operated under this Section shall have a rate card setting forth the authorized rates of fare displayed in such a place as to be in view of all passengers. (Code 1972 §31-68) 4-32.40 Investigation Of Rates And Report; Preparation Of New Or Different Rate Schedule: Upon the filing of a complaint by or with the Traffic Authority that the fares being presently charged are excessive, the Traffic Authority shall conduct an investigation and, if in his opinion based upon his investigation the whole schedule of rates, or a single rate of fare being charged is excessive, he shall within his reasonable discretion prescribe new or different rates for the use of the taxicabs. In determining the rate he shall take into consideration the following factors among others: a. The rates being presently charged by owners and operators of taxicabs in cities and other political subdivisions of a like area, population and general nature, and what constitutes a fair and reasonable return to the holder upon his capital investment. S 08 Rev. Ord. Supp. 1/98 LICENSING AND BUSINESS REGULATIONS 4-32 b. In arriving at the fair and reasonable return, the Traffic Authority may call upon the City Treasurer, the City Clerk and the City Manager for such assistance as he shall require. c. The Traffic Authority shall prepare a report based upon his investigation, and the report shall be appended to the new or different rate schedule prepared by the Traffic Authority. (Code 1972 §31-69) 4-32.41 Appeal From Action Of Traffic Authority Setting New Or Different Rates: a. The new or different rates as prescribed by the Traffic Authority pursuant to Part C shall not become effective until after the expiration of the time necessary to perfect an appeal to the Council pursuant to the provisions of this Section for appeals from administrative determinations. If an appeal is perfected, the decision of the Traffic Authority prescribing the new or different rates shall be automatically stayed pending the appeal. b. In the event the holder shall appeal from the decision of the Traffic Authority as prescribed in the provisions of this Section for appeals from administrative determinations, the investigative report specified in Subsection 4-32.40 shall become a part of the record on appeal and shall be deemed the findings of the Traffic Authority upon which his decision is based. (Code 1972 §31-70) 4-32.42 The Council May Investigate Rates And Establish New Rate Schedule: The Council shall have the power upon a hearing upon its own motion, or upon complaint, to investigate a single rate of fare or the entire schedule or rates in effect, charged, demanded or collected for taxicab services and to establish a new rate or schedule of rates in lieu thereof. The decision of the Council shall be final. (Code 1972 §31-71) 4-32.43 Rates Which Will Violate Minimum Or Maximum Rate: Nothing contained in Part C shall be construed to empower the Council to approve or establish any rate or any schedule of rates for taxicab services that will by means of rebate, discount, script books, excursions or commutation tickets or in any other way violate the minimum or maximum rate established pursuant to Part C or any provision of law. (Code 1972 §31-72) 4-32.44 Unlawful Refusal Of Passenger To Pay Fare: It shall be unlawful for any person to refuse to pay the legal fare of any taxicab after having hired the vehicle, and it shall be unlawful for any person to hire any vehicle subject to this Section with the intent to defraud the person from whom it is hired of the value of such service. (Code 1972 §31-73) 4-32.45 Receipts: The driver of any taxicab shall upon demand by the passenger render to the passenger a receipt for the amount charged, either by a mechanically printed receipt or by a specially prepared receipt on which shall be the name of the owner, license number or motor number, amount of meter reading or charges and date of transaction. (Code 1972 §31-74) 509 Rev. Ord. Supp. 1/98 4-32 LYNWOOD CITY CODE PART D. VEHICLES 4-32.46 Periodic Inspections: Each vehicle operating under this Section shall be periodically inspected by the Police Department at such intervals as shall be established by the Traffic Authority to ensure the continued maintenance of safe operating conditions. (Code 1972 §31-80) 4-32.47 Cleanliness: Each vehicle operating under this Section shall be kept in a clean and sanitary condition according to rules and regulations promulgated by the Traffic Authority. (Code 1972 §31-81) 4-32.48 Markings: Each taxicab shall bear on the outside of each front or rear door, in painted letters not less than two and one-quarter inches (21/4") in height and of not less than five-sixteenths inch (5/16") stroke, the name of the owner and, in addition, may bear an identifying design approved by the Traffic Authority. (Code 1972 §31-82) 4-32.49 Conflicting Or Imitating Color Schemes Or Designs Prohibited; Suspension Of Permit: No vehicle subject to this Section shall be issued a permit pursuant to this Section, which has a color scheme, identifying design, monogram or insignia to be used thereon which shall, in the opinion of the Traffic Authority, conflict with or imitate any color scheme, identifying design, monogram or insignia used on a vehicle already operating under this Section, in such a manner as to be misleading or tend to deceive or defraud the public. If, after a permit has been issued for a taxicab under this Section, the color scheme, identifying design, monogram or insignia thereof is changed so as to be, in the opinion of the Traffic Authority, in conflict with or imitate any color scheme, identifying design, monogram or insignia used by any other person, in such a manner as to be misleading or tend to deceive the public, the permit issued pursuant to this Section shall be suspended. (Code 1972 §31-83) 4-32.50 Taximeters: a. Each taxicab operated under this Section shall be equipped with a taximeter fastened in front of the passengers and visible to them at all times of day and night. After sundown, the face of the taximeter shall be illuminated. The taximeter shall be operated mechanically by a mechanism of standard design and construction driven either from the transmission or from one of the front wheels by a flexible and permanently attached driving mechanism. b. Taximeters shall be sealed at all points and connections which, if manipulated, would affect their correct reading and recording. Each taximeter shall have thereon a flag to denote when the vehicle is employed and when it is not employed; and it shall be the duty of the driver to throw the flag of the taximeter into a nonrecording position at the termination of each trip. 510 Rev. Ord. Supp. 1/98 LICENSING AND BUSINESS REGULATIONS 4-32 c. The taximeter shall be subject to inspection from time to time by the Police Department. Any inspector or other officer of the Department is hereby authorized either on complaint of any person or without such complaint to inspect any taximeter and, upon discovery of any inaccuracy therein, to notify the person operating the taxicab to cease operation. Thereupon the taxicab shall be kept off the highways until the taximeter is repaired and in the required working condition. (Code 1972 §31-84) PART E. STREET STANDS' 4-32.51 Street Stand Permit Required: No person shall stand or park a taxicab on a street along a curb while awaiting employment without first obtaining a permit from the Traffic Authority. (Code 1972 §31-90) 4-32.52 Annual Permit Fee; Prerequisite To Issuance Of Permit: Conditioned on the annual payment of a fee in the amount established by resolution of the City Council for each street stand, permits required by Part E may be issued to the owners of taxicabs. Application for a permit required by Part E shall be made to the Traffic Authority which shows the location of the proposed stand and shall be accompanied by a letter of consent of the property owner in front of whose property the stand shall be located. A telephone for each such stand shall be installed on the building or at the curb and not more than one stand shall be permitted in any one block and that such stand shall not occupy more than twenty two feet (22') of parking space. (Code 1972 §31-91; Ord. #1140, §38) 4-32.53 Duration Of Permit; Grant Of Permit After Cancellation: All permits issued pursuant to Part E shall remain in full force and effect until they shall be canceled either on the request of the permittee or the person who gave written consent to use the stand by notifying the Traffic Authority that the permission has been withdrawn. If the Traffic Authority has canceled a permit for a stand after having been notified that the consent to use the stand has been withdrawn, the Traffic Authority shall not grant a permit for a stand so canceled for a period of six (6) months from the date of cancellation. (Code 1972 §31-92) 4-32.54 Designation Of Zone: When a permit required by Part E has been approved by the Traffic Authority, the Traffic Authority is authorized to designate the zone by painting the curb white along the zone, and painting in black letters thereon "NO PARKING-TAXI ONLY". Such zones shall be used exclusively for waiting and loading zones for taxicabs. (Code 1972 §31-93) 4-32.55 Vehicles To Be Attended: It shall be unlawful for the owner or driver of any taxicab to leave the taxicab unattended at a stand for a period of time longer than three (3) minutes. (Code 1972 §31-94) 1. See Vehicle Code §21112. 511 Rev. Ord. Supp. 1/98 '" --'- PAGE 3 ATTACHMENT Minutes-From the City Council Regular Meeting of 6/19/1 ROLL CALL: AYES: COUNCILMEN BYRD, REA, REYES, SANCHEZ, RICHARDS NOES: NONE ABSENT: NONE Pulled Item: Item #73: Contractual AQreemenf to Provide Demand Responsive Genera! Public Transportation System Councilman Reyes moved to approve a one (1) year contract as opposed to the three (3) year contract proposed. Stated this will give the vendor the opportunity to prove himself and complete all applicable items such as insurance, licenses, etc., and then re-evaluate after one year. The motion was seconded by Councilman Byrd. Councilman Rea stated that there have been several Project Workshops regarding this vendor and stated all licensing is in place. Discussed contractual agreements and discussed the process of curing deficiencies. Stated staff will assure that the vendor will adhere to the contract. Councilman Reyes stated that the vendor' (Fiesta Taxi) does not have Lynwood decals and do not have a Lynwood business license. Repeated that the vendor should not be given more that one (1) year for the initial contract. Also stated that the vendor needs background checks and proper licenses for all drivers. Stated he has nothing agginst the vendor, but wants them in compliance. Mayor Pro Tem Sanchez stated he sees no problem with the contract. Stated it is a good program for the Senior Citizens in the community. Heard good things about the company and doesn't have a problem with a three (3) year contract. Councilman Rea stated he objected to the political bashing of taxi drivers, and that they were being verbally assaulted. Stated the City Municipal Code is very strict and the verbal rhetoric being spoken is unfounded. Stated he is ready to move on with servicing the Senior Citizens with the existing budget in meeting the needs of seniors. Councilman Reyes stated he disagrees with Councilman Rea and wants the best possible solution for seniors. Discussed checks and balances. Councilman Byrd discussed giving the vendor athree-year as opposed to a one- year contract as Councilman Reyes suggested. Mayor Richards discussed sub-section 9 of the agreement and recommended Council approve the agreement subject to the licensing of all vehicles. Discussed other multiple years contract agreements that have approved for other vendors in the past. Stated details do need to be worked out. Mayor Richards asked the maker the motion and seconded if they would approve the agreement, subject to final details to be worked out re: license fees and vehicle registrations, as well as comply with all requests. Councilman Reyes asked what options does the city have if the vendor does not comply. Mayor Richards answered all payments will be held until they are in compliance. Councilman Byrd discussed his concern about the costs being the same as existing costs, and the process being put in place to reach out to seniors. ^ ,,..~ PAGE 4 Councilman Rea called for the question on the motion from Mayor Richards Victor Caballero, Vice President of Fiesta Taxi spoke and stated he will work out all of the details for the agreement. Discussed problems he has had with city staff with responding to him. Stated he did not receive any documentation from the City regarding business licenses. Councilman Byrd asked the vendor did he not know that he needed a city license to operate. Mr. Caballero stated he would comply with all city requirements. Councilman Rea stated the city needs to cure and correct the licensing department. After further discussion, it was moved, with amendments by Councilman Reyes, seconded by Councilman Byrd. ROLL CALL: AYES: COUNCILMEN BYRD, REA, REYES, SANCHEZ, RICHARDS NOES: NONE ABSENT: NONE DISCUSSION ITEMS Item #76: Fee Waiver Request A .Request for the [ Applicant: SELAC It was moved by Councilman Byrd, seconded by Councilman Reyes to approve the fee waiver request. ROLL CALL: AYES: COUNCILMEN BYRD, REA, REYES, RICHARDS NOES: NONE ABSENT: COUNCILMAN SANCHEZ Item #77: Lynwood Women's Commission Travel Recruest After discussion it was moved by Councilman Byrd, seconded by Councilman Reyes to approve the travel request. ROLL CALL: AYES: COUNCILMEN BYRD, REA, REYES, RICHARDS NOES: NONE ABSENT: COUNCILMAN SANCHEZ Item #79: Request for Special Permit Block Watch -Forth of July Partv Request denied due to lack of a motion Mayor Richards asked that the Block Watch members participate in the city's celebration. Councilman Rea stated that Public Safety would already be overtaxed on the holiday. City Manager Davis stated that staff will call the resident to explain and will invite them to the City celebration.