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Home My Public Portal AboutOrd. 1514ORDINANCE NO. 1514 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CHAPTER 25 OF THE LYNWOOD MUNICIPAL CODE BY PERMITTING CLUBS, DANCE HALLS, NIGHTCLUBS, RENTAL HALLS, AND OTHER PLACES OF PUBLIC ASSEMBLY WITHIN THE CB -1 (CONTROLLED BUSINESS) ZONE SUBJECT TO APPROVAL OF A CONDITIONAL USE PERMIT AND APPLICABLE DEVELOPMENT STANDARDS. WHEREAS, dance halls are permitted in the C -3 (Heavy Commercial) zone subject to approval of a conditional use permit; and WHEREAS, nightclubs, clubs, rental halls, and other places of public assembly are not specifically identified as permitted, conditionally permitted, or prohibited within any zones in the Lynwood Municipal Code; and WHEREAS, such places of public assembly should be addressed, defined, and regulated in order to encourage an orderly and harmonious use or such properties and /or structures; and WHEREAS, existing dance halls, nightclubs, clubs, rental halls and other places of public assembly are often nonconforming; and WHEREAS, such places of public assembly are intensive land uses with the potential to negatively impact the health, safety, and general welfare of persons residing and working in the vicinity; and WHEREAS, development standards and applicable conditions of approval should be required for such places of public assembly; and WHEREAS, the Lynwood Planning Commission conducted a duly noticed public hearing on Zoning Ordinance Amendment No. 2002 -01 on January 8, 2002 and continued such public hearing; and WHEREAS, the Lynwood Planning Commission approved Zoning Ordinance Amendment No. 2002 -01 at a duly notice public hearing on February 12, 2002; and WHEREAS, the Lynwood City Council, pursuant to law, conducted a duly noticed public hearing on March 5, 2002; and WHEREAS, the Lynwood City Council carefully considered all pertinent testimony offered regarding the Zoning Ordinance Amendment as presented at the public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Subsection 25- 10.1.f.1 of the Lynwood Municipal Code permitting Dance Halls in the C -3 zone subject to a conditional use permit shall be deleted. Subsections 25- 10.1.f.2 through 7 shall be renumbered 1 through 6. Such subsection shall read as follows: f. The following uses provided that a conditional use permit has been granted by the Planning Commission: FL\WORDH LE\ PLANNING \RESOS \ord.a sembly2. doc — I — l 1. Furniture storage. 2. Dog Kennel (7 or more adult dogs) and veterinary hospitals. 3. Liquor stores. 4. Theaters, concert halls, and other similar establishments primarily devoted to theatrical performances. 5. Trade school (not objectionable due to noise, odor, vibration, etc.) 6. Stores or shops for the conduct of wholesale businesses, second -hand establishments or stores. Section 2. Subsection 25 -7.1 of the Lynwood Municipal Code shall be amended to read as follows: met). met.) 25 -7.1 Conditional Use Permit Required a. Dance Halls (provided the requirements of Subsection 25 -16.27 are b. Nightclubs (provided the requirements of Subsection 25 -16.27 are C. Clubs (provided the requirements of Subsection 25 -16.27 are met). d. Places of Public Assembly (provided the requirements of Subsection 25 -16.27 are met). e. A conditional use permit is required for any use that is not specifically permitted in the CB -1 (Controlled Business) zoning district. Section 3. Subsection 25 -16.27 shall be added to the Lynwood Municipal Code to read as follows: 25 -16.27 Clubs, Dance Halls, Nightclubs, Rental Halls and Other Places of Public Assembly. a. Purpose and Scope Places of public assembly to include but not be limited to dance halls, nightclubs, clubs, rental halls and other similar places of public assembly may be permitted in commercial zones, provided development standards can be met and a conditional use permit is approved by the Planning Commission. Such places of public assembly shall comply with all provisions of the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code, and the Los Angeles County Health and Safety Code. Where conflicts occur regarding standards and /or code requirements, the provisions of this section shall supersede those of the underlying zoning district or other sections of the Lynwood Municipal Code. b. Conditional Use Permit Required Places of public assembly to include but not be limited to dance halls, nightclubs, clubs, rental halls and other similar places of public assembly, as defined in subsection 25 -16.c, shall require approval of a Conditional Use Permit. 11: \WORDFI LE\ PLANNING \RESOS \ord.assembly2. doc — 2 — C. Definitions For the purpose of carrying out the purpose and intent of this chapter certain terms, words, and phrases are defined and shall be deemed to have the meaning identified in this subsection. 1. "Club" shall mean an establishment, room, building or other facility where a group of people are gathered or organized for a common purpose, also a group that meets regularly. 2. 'Dance Hall' shall mean an establishment, room, building or other facility where an admission fee is charged for persons to engage in dancing, live entertainment, concerts, plays, etc. 3. 'Nightclub" shall mean an establishment, room, building or other facility that stays open late at night and provides food, drink, and entertainment. 4. "Public Assembly, Places of" shall mean an establishment, room, building or other facility where a group or persons are gathered together for a common purpose. 5. "Rental Hall" shall mean an establishment, room, building or other facility that is leased for a group or persons gather together for a common purpose for a fee or fees. d. Lot Area Requirements The lot area shall be a minimum of one (1) acre (43,560 square feet). e. Lot Width Requirements The lot width shall be as required in the underlying zone. f. Lot Depth Requirements The lot depth shall be as required in the underlying zone. g. Building Height The building height shall be as limited in the underlying zone. h. Yard Requirements Yard setback areas shall be required as follows: 1. "Front Setback" shall be a minimum of ten feet (10'), and such front setback area shall be landscaped except for required walkways and driveways. 2. "Interior Side Setbacks" shall not be required unless such property is adjacent to a residential zone in which case a minimum twenty feet (20') setback shall be required. 3. 'Street Side Setback" shall be a minimum of ten feet (10'). HAWORDFI LE\ PLANNING \RESOS \ord. msemblyldoc —3 — 4. 'Rear Setback" shall not be required unless such property is adjacent to a residential zone in which case a minimum twenty feet (20') setback shall be required. i. Off - Street Parking and Loading Off- street parking shall be provided at a minimum of one (1) parking stall per one hundred (100) square feet of gross building area. One (1) off- street loading area shall be provided for each establishment. Such parking areas and vehicle access areas shall be permanently paved and maintained. Parking standards shall be as set forth in Lynwood Municipal Code Chapter 25 -14. j. Landscaping A minimum of seven percent (7 %) of the gross lot area shall be landscaped. Detailed landscaping plans shall be submitted to and approved by the Planning division prior to issuance of a building permit or a certificate of occupancy. All landscaped areas shall be permanently maintained and provided with a permanent irrigation or sprinkler system. k. Sign Regulations Signs shall be subject to provisions set forth in Lynwood Municipal Code Section 25 -33. Places of public assembly shall submit a "Comprehensive Sign Program" to be approved by the Planning Division and Redevelopment Agency. I. Trash Collection Facilities Adequate refuse collection containers shall be provided on -site and located within one hundred feet (100') of the subject building. Such refuse areas shall be surrounded on three (3) sides by a solid masonry, brick or concrete fence that shall be a minimum of five feet (5) in height and shall be enclosed with a solid decorative gate of the same height. M. Fences A six -foot (6') high solid masonry, brick or concrete fence shall be constructed along any property lines adjacent to a residential zone. Plans shall be submitted and a fence permit obtained prior to installation. n. General Development Standards and Provisions 1. Security Plan. Places of public assembly shall implement and maintain a comprehensive security plan to be maintained during all business hours, as well as one (1) hour prior to opening and one (1) hour after closing. Such security plan shall be reviewed and approved by the Planning Commission on a case by case basis. 2. Lighting Plan. Places of public assembly shall implement and maintain a detailed exterior lighting plan. Such lighting plan shall illuminate parking and other public areas, lighting shall be directed away from adjacent properties, and such plan shall be reviewed and approved by the Planning Commission on a case by case basis. H: \WORDFI LB\ PLANNING \RBSOS \ord.assembly2. doe — 4 — 3. Parking and Traffic Circulation Plan. Places of public assembly shall implement and maintain a detailed traffic circulation and parking plan. Such traffic and parking plans shall be reviewed and approved by the Planning Commission on a case by case basis. 4. Colors. The exterior colors of the premises shall be painted only in colors approved by the Lynwood Redevelopment Agency. 5. Adult Activities. Adult activities are strictly prohibited pursuant to Lynwood Municipal Code Section 25- 16.19.d. 6. City Council Approval. Business licenses for dance halls and live entertainment shall receive approval by the Lynwood City Council pursuant to Lynwood Municipal Code Section 4 -8. 7. Hours of Operation. Places of public assembly shall have hours of operation reviewed and approved by the Planning Commission. In no event shall a place of public assembly be open between 2:00 a.m. and 6:00 a.m. o. Nonconforming Places of Public Assembly Nonconforming places of public assembly shall be subject to provisions set forth in Lynwood Municipal Code Chapter 25 -15. Nonconforming establishments without a Conditional Use Permit may continue to operate, however, improvements other than standard maintenance exceeding $2,500.00 in valuation shall require a Conditional Use Permit pursuant to Lynwood Municipal Code Section 25- 25.10. P. City or Redevelopment Agency Property Nothing contained in this Chapter shall prohibit the City and /or the Redevelopment Agency from negotiating and entering into agreements for development or land use on any real property owned or leased by the City or the Redevelopment Agency. q. Appeals Appeals of decisions from the Planning Commission shall be subject to the same appellate procedure for an appeal of decisions pertaining to the underlying zone contained in the Lynwood Zoning Ordinance, Chapter 25 of the Lynwood Municipal Code as appropriate. Section 4. The City Clerk is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published or posted as required by law. HAWORDFI I,E\ PLANNING \RESOS \ord. msemblyl doc — 5 — STATE OF CALIFORNIA COUNTY OF LOS ANGELES )SS I, the undersigned, City Clerk for the City of Lynwood, do hereby certify that the foregoing ordinance was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the _ _19t day of March , 2002. AYES: COUNCILMAN RODRIGUEZ, PEDROZA, REYES NOES: COUNCILMAN BYRD, RICHARDS ABSTAIN: NONE ABSENT: NONE ol, A-e�� City Clerk, City of Lynwood STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No. is1a on file in my office and that said ordinance was adopted on the date and by the vote therein stated. Dated this 19th day of March , 2002. City Clerk H: \WORDFILE\ PLANNING \RESOS \ord.essembly2.doc —7— First read at a regular March , 2002 and adopte d Council held on the 19thday o fmeeting of the City Council held on the "5th day of and ordered published at a regular meeting of said March , 2002. ATTEST: ARTURO REYES, ayor City of Lynwood ANDREA L. HOOPER, City Clerk City of Lynwood APPROVED AS TO FORM: J tIAS'LVA, Depu Gd nr tYY Atto Y FAUSt IN GONZ LE , ,O Manager City of Lynwood APPROVED AS TO CONTENT: i 63>PH WA ,Actin Director of Community Development H: \WORDFILE\ PLANNING \RESOS \ord.msembly2.doc —6-