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CITY OF LYNWOQU
CITY CLERKS OFFICE
ADDENDUM o~rt ~nr~ _
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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
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OFFICE OF THE CITY MANAGER
September 24, 2001
city o~ ~Yl~T~00D
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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
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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
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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
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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
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Site Address: 3551 MARTIN LUTHER KING JRp
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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.
Maria ???, 10616 San Juan Ave.
John Graham, 10650 San Juan Ave.
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~~ ~ -~ pt• ~®~ G-OOt-D. tY Sheriff s
CRIME I BFORMATION ~, tment
. 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~
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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
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PLOT PLAN
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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~
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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 ~~
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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
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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
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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~,
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EL FARALLON RESTAURANT & DANCE HALL
3551 Martin Luther Kind Jr. Boulevard
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EI,ECTI<ICAL SYMBOLS
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' = 8 ft. Fluorescent lighting (7a 10 fi. on center ~~~~'
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ALL Ir1MPS 4VAT1'AGE WILL BE INCREASE 1'0 ~~ ~ ~,
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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
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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
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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
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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)
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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)
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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.
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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.