HomeMy Public PortalAboutOrd. 129287049
ORDINANCE NO. 1292
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF L1'Nw`OOD AMENDING T}fE LI'NWOOD MUNICIPAL CODE
PERTAINING TO THE REGULATION OF MULTIPLE-
TENANT RETAIL WITHIN THF. CITY OF LYNWOOD.
Section 1. The City Council of the City of Lynwood
HF,REBF ORDAIN as follows:
DOES
Section 2. The official Zoning Ordinance is hereby amended
as provided in this ordinance, pursuant to public hearing
before the Planning Commission and the City Council.
Section 3. Chapter 25, Section 25-2, of the Lynwood
Municipal Code is hereby amended to add the following
definitions in alphabetical order:
"'Multiple tenant retail center" shall
wholly within the confines of a single
(2) or more vendors offering personal
or trade who are separated from each o
than complete floor-to-ceiling walls,
solid, lockable access door.
mean a land use .in which,
building, are 1oc;ated twc
property for retail sale
then, if at all, by less
a solid ceiling, and a
This shall not include a temporary event held for the exclusive
benefit of anc non-profit organization or organizations.
"Multiple tenant retail center operator" shall mean and include
any person, partnership, corporation, or other organization who
conducts, controls, manages, or otherwise administers a
merchandising center.
"Multiple tenant retail center vendor" shall mean and include
any person, partnership, corporation, or organization who
engages in selling, exchanging, or offering for sale as owner or
consignee, personal property within a merchandising center.
"Multiple tenant retail. center vendor's sales are" shall be
defined as the area assigned to a specific merchandising center
vendor for the purpose of displaying and selling merchandise and
otherwise conducting business.
Section 4. Chapter 25, Section 25-7, of the Lynwood
^Iunicipal Code, pertaining to uses in the CB-1 zone, is hereby
amended as follows:
"25-7.3 Uses Prohibited.
"1. Motel and Hotels except in the Planned
Cort.mercial District.
"2. Churches, synagogues, temples, or other
r.,laces, used for religious worship ...cludir.g
customary, incidental education and social
activities in conjunction therewith, in
accordance with Section 25-9.1 herein.
Section 5. Chapter 25, Section 25-8.1a, of the Lynwood
Municipal Code, pertaining to uses in the C-2 (bight
Commercial) zone, is hereby amended as follows:
1
"20. Churches, synagogues, temples, or other
places used exclusively for religious
worship including customary, incidental
education and sor_ial activities in
conjunction therewith, in accordance wiCh
Section 25-9.1 herein.
}3. Multiple tenant retail centers."
S~-action 6. Chapter 25, Section 25-11 of the Lynwood
?]unicipal Code is hereby amended t;o read as follows:
"25-11.3 uses Permitted Subiect to a Conditional ~;se
Permit."
"4. Pultiple Tenant Retail Centers in accordance
with Section 25-35 herein.
Section 7. Chapter `L5 of the Lynwood Municipal Codo is
hereby amended by the addition of a new Section 25-35, as
follows:
Section 25-35 MULTIPLE 'PENANT RETAIL CENTERS.
Section 25-35.1 Purpose.
Section 25-35.2 Conditional Use Permit Required,
Section 25-35.3 Development Standards,
1. 7linimum Lot Size.
2. ?9aximum Lot coverage.
3. Minimum building area.
4. Parking and loading.
5. Lighting.
6. Landscaping.
"r. Signs.
8. Permitted '.a es.
9. [Jses to be conducted indoors.
10. Area of vendor space.
11. Number of vendors per space.
12. Uses to be kept within
spaces.
13. All vendors to sell at retail.
1-1. Authority to sell.
15. Prohibited items.
16. Interior design.
17. Wa11s.
]8. Doors and Gates.
19. Interior finish.
20. Furnishings.
21. Aisles.
22. Skylights.
23. Restrooms.
24. 'poise Control.
25. Business hours.
26. Security.
27. Inspections.
28. Insurance.
2
Section 25-35.4 Additional conditions.
Section 25-35.5 Licensing.
1. Business license required.
2. Special permit required.
3. Investigation.
4. Transferability of license
and permit.
Section 25-35.6 Vendors' lease provisions:
Section 25-35.7 Vendors' Obligations.
1. ^laintain cash registers and
records of transactions.
2. Issue sales receipts and
comply with sales tax law.
3. Submit copies of tax returns
to City.
4. Obtain licenses as required
5. Accept returns of defective
merchandise.
6. Operators to have copies of
vendors permits.
Section 25-35.8 Violations; misdemeanor.
Section 25-35 PIL'LTIPLE TENANT RETAIL CENTERS.
"25-35.1 Purpose.
The purposE:s of this ordinance are the
foiiowing:
1~ To promote quality- development multiple
tenant retail centers in the City of
Lynwood;
2. To maintain collection of sales and
business license taxes from vendors
within these centers;
3. To protect the safety- of the public by
investigating those who apply to become
operators of these uses, by requiring
that a minimum level of security- be
provided, and by requiring that vendors
accept defective merchandise for return;
4. To protect the health, safety and welfare
of the public by prohibiting the sale of
certain items and requiring certain
documentation of purchases;
5. To protect neighboring properties by
requiring a standard for property design
and control of noise and light
emanating from these centers, by
requiring a high standard for on-site
parking, and by limiting hours of
business.
"25-30.2 Conditional Lse Permit Required
A conditional. Use Permit must be obtained
before any building may- be used in whole or
i.^ part as a multiple tenant retail center.
"25-35.3 De~~-elopment Standards.
1. Minimum lot size.
None recommended.
2. 'latiimum lot coverage.
None recommended.
3. Minimum floor area.
The minimum gross floor area shall be
7.0,000 square feet.
4. Parking and loading.
;fit least one parking space is to be
provided for each one hundred square feet:
of gross floor area. At least two (2)
loading spaces, minimum dimension i4 x
20, are to be provided. If more intensive
parking is required by Section 25-14.6
for a given use or location, such parking
shall be provided.
5. Lighting.
Parking areas shall be illuminated after
dark with lights of at least 1.5
footcandles. Lights shall be shielded
to as to prevent intrusion upon adjacent
properties.
6. Landscaping,
A11 areas not occupied by buildings,
parking spaces, or approved walkways
shall be landscaped with a mixture= of
ground cover, trees, and shrubs. Parking
lots should. be landscaped with a minimwn
of i 1/2'Y of lot area.
4
"!. Signs.
.all signs shall be reviewed and approved
prior to installation, in accordance with
Section 2~-33 of the Lynwood Municipal
Code,
8. Permitted uses.
Only those uses permitted in the zone in
which the use is located shall be
conducted.
9. Uses to be conducted indoors.
.411 uses are to be conducted indoors,
exclusively, except for eating areas and
flower and plant sales where approved by
Condtional Use Permit,
10. Area of Vendor Space.
The minimum floor area of each vendor
space shall be 200 square feet.
11. \umber of Vendors per Space.
There shall be no more than one (1)
business license issued per vendor space.
12. [?s es to be kept within spaces.
Sales shall be conducted only within
permanent stall spaces located within the
building. No merchandise shall be
displayed outside of vendor spaces.
13. A.17 vendors to se 17. at retail.
A11 sales shall be retail (no wholesaling
permitted).
14, Authority to Sell.
Each vendor shall have receipts or other
evidence of his legal ownership or
authority to sell those items which are
displayed for sale.
15. Prohibited items,
It is unlawful for any person to sell,
exchange, barter, or trade the following
items of personal property at a multi.-
tenant retail center.
5
a. Used property, other than items
which may be sold at an "antique
store" as defined in Section 25-2
of this code.
b. Firearms, ammunition, explosives,
fireworks, or other weaponry.
c. Any item of personal property
from which the serial number or
identifying number had been
removed.
d. Any item of personal property
which requires a special permit
from the City of Lynwood, County
of Los Angeles, State of
California, or other government
body when such permit had not
been obtained and displayed in
the vendor sales area.
e. Any item of personal property
whose sale is prohibited by law
or is not permitted at the
location of the vendor sales
area.
f. Alcoholic beverages except
bonifi.de restaurant pursuant
Ordinance no. 2127.
g. Auto parts, oil or similar
fluids, hubcaps, wheels,
batteries, or tires.
16. Interior design.
Interior area shall be uniformly designed
with colored elevations to be approved by
the Director of Community Development.
Building permits shall also be obtained
for interior construction, where required
by Code. Colors, textures, and materials
used sha].1 be consistent in all vendor
spaces and aisle areas.
]7. Walls.
Vendor spaces shall be constructed of
solid walls at least five feet six inches
(5'6") high using wood or metal studs and
drywall, taped, textured, and painted;
glass; brick; or other material generally
used for permanent building construction.
Specifically, scissortype gating,
pegboard, wire fencing, metal grating, or
similar materials, shall not be used to
separate vendor spaces.
in
to
6
18. Doors and gates.
Vendor space doors shall be of (solid
wood, metal, or glass material) (painted
steel and roll up or otherwise told out
of the way during business hours. Open
gate material map not be used. Chain link
fencing may- not be used to close vendor
space. A1.1 Vendor space doors shall be of
one uniform type within each multiple
tenant retail center,
19. Interior finish.
:111 walls, ceiling, and floors in
lobbies, vendor spaces, and aisle areas
shall be freshly painted or sandblasted,
of new material, or otherwise in a newly
finished condition prior to the issuance
of an occupancy permit.
20. Furnishings.
ill stall spaces shall have permanently
mounted futures and furniture, similar
to that found in large fashion malls and
major department store. No lightweight
folding tables or chairs or residential
lawn furniture shall be used in any
vendor space.
21. Aisles.
Aisles shall be a minimum of seven (i)
feet in width.
22. Restrooms.
Separate restroom facilities for men and
women shall be provided on the premises
and be open to the public, free of charge.
23. Voise control.
~o loudspeaker or sound equipment shall
be used in a multiple tenant retail
center or in any vendor space thereof
which can be heard from exterior areas of
the premises or from adjacent property
including public sidewalks.
24. Business hours.
F.ach multiple tenant retail center shall
open to conduct business a minimum of sit
(6) days a week, at least five (5) hours
per day. The hours of operation shall be
restricted to those between i:00 a.m. and
9:00 p.m.
7
25. Security.
~, (uniformed) security guard sha]_1 be
provided on the premises of the multiple
tenant retail center during hours of
operation. The center shall be equipped
with a burglar alarm and a public address
system.
26. Inspections.
The vendor sales area and other areas of
the multi-tenant retail center which are
open to the public shall be subject to
reasonable inspection by city staff and
other officials. No operator or vendor
shall restrict such inspections.
27. Insurance.
Operators of multi-tenant retail centers
shall procure and maintain a policy of
public liability and property- insurance
providing for a combined sigle limit of
protection per accident for with such
insurance company- as meets with the
approval of the City Attorney. ~
certificate of insurance shall be
provided to the city in such form as
requested by the City Attorney.
Section 25-35.4 Additional conditions.
The Planning Commission may impose such
conditions as it may deem r.ecess-a r,y' to
effect the purposes of this ordinance,
either upo^ approval of a Conditional Dse
Permit or upon future review,
Section 23.35.5 Licensing
1. It is unlawful for any person,
partnership, organization, or corporation
to operate a multi-tenant retail center
in the City of Lynwood unless a business
license has been issued by the Office of
the City Clerk, and the business license
fee established by ordinance or
resolution of the City Council has been
paid.
2. Special permit required.
No person, partnership, corporation, or
organization shall operate the business
of multi-tenant retail center in the City
of Lynwood without first obtaining a
special permit in accordance with Section
17.75 of the L,vnwood Municipal Code and
paying the established permit fee.
8
3. Upon receipt of an application for a
special permit for a multi-tenant retail
center, t:he Sheriff's Department shall
proceed to investigate the matters ser
forth therein, including the character of
the applicant and t;he character of the
persons who will be directly managing the
multi-tenant retail center.
~1. Transferability of license and special
permit.
The business license and special permit
required. for the operation of a multi-
tenant retail center are not transferable
to any other person, partnership, or
organization. They are personal to the
applicant and shall terminate upon
request of the subject multi-tenant
retail center, If the license and the
permit are held by a corporate or
ogani.zational entity, they shall
terminate upon a transfer of the majority
interest in said corporation or
organization.
"Sec t.ion 25-35.6 b'e ndor lease provisions.
The operator shall cause the fol.l.owing to
be included in the vendors' leases or
subleases as in event of default the
following provisions and shall vigorous.l.y
enforce such provisions by eviction
remedies for a single violation:
"Section 25-37.8 `~~endors' obligations.
b'io.lati.on of the following items 1
through 6 shall be considered a default
and major breach of this lease, remedial
by eviction if violated by the vendor.
1. Each vendor shall, at all times during
operation, have an operable cash register
at the sales area which is capable of,
and does, record each sales transaction.
The vendor shall maintain the record of
sales transactions with numberical
sequence of receipts recorder by such
cash registers For a period of one year.
The vendor shall permit inspection of
such register records by the City- of
Lynwood, or its authorized agent.
2. The vendor shall comply at all times with
the California law regarding the
collection and payment; of sales takes for
each sales transaction, and designate its
location in the City of Lynwood as the
point of sale for each transaction which
is in whole or part negotiated at the
vendor's sales area. The vendor shall
issued to its customers a sales receipt
for every transaction conducted.
9
3. The vendor shall submit to the City of
Lynwood legible copies of its quarterly
Board of Equalization sales tax returns.
4. The vendor shall obtain and maintain, on
display in its sales area, available for
inspection by any person, a business
license issued by the City of Lynwwod,
the Board of Equalization permit issued
by the State of California, and any other
permit, including but not limited to a
health permit, special use permit, fire
permit, or conditional use permit, which
may be required by the City of Lynwood,
the County of Los Angeles, or the State
of California for the operation of the
vendor's specific type of business.
5. The vendor is required to accept for
return defective merchandise from
customers.
6. The vendor has been given copies of the
Conditional Use Permit and the Special
Permit granted in this matter, has read
and understood them, and will comply with
his obligations as listed above, and with
the conditions contained in the
Conditional Use Permit and the Special
Permit issued by the City of Lynwood to
the Operator.
Section 25.35.9. Violations; misdemeanor.
A violation of this chapter is a
misdemeanor punishable as provided in
Section 1-08 of this Code and other
violations are punishable as provided in
Section 21667 of the Business and
Professions Code and/or Section 496 of
the California Penal Code.
SECTION 7. Chapter 25, Section 25-14.6a3 of the Lynwood
Municipal Code pertaining to parking requirements is amended
as follows:
"1" Multiple-tenant retail center; one
(1) space for each one hundred (100)
square feet of gross floor area or
fraction thereof. Where this Code
requires a higher intensity of parking
for specific land uses, such additional
parking shall be provided.
SECTION 8. Chapter 17, Section 17-75 of the Lynwood
Municipal Code pertaining to special permits shall be amended
as follows:
"(9.4.) MULTI-TENANT RETAIL CENTERS: For
each person, partnership, corporation, or
organization managing, conducting, or
carrying on the business of multi-tenant
retail center.
10
SECTION 9. The City Council hereby finds and determines
that Ordinance No. 1290 shall be repealed in its entirety.
SECTION 10. Severability. If any section, subsection,
ordinance or the application thereof to any person or place is
for any reason held to be invalid or inconstitutional by the
decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of
this ordinance or its application to other persons or places.
The City Council hereby declares that it would
have adopted this ordinance, and each section thereof,
irrespective of the fact that any one or more sections,
subsections, sentences, or phrases, be declared invalid or
unconstitutional.
SECTION 11. The City Clerk is hereby ordered and directed
to cerifty to the passage of this ordinance and to cause the
same to be published one time in the Lynwood Press, a
newspaper of general circulation printed, published, and
circulated in the City of Lynwood.
First read at a regular meeting of the City Council of said
City held on the 4th day of August, 1987 and finally adopted
and ordered published at a reeulam~eeting of said Council held
on the 18th day of August,1987, by the following vote:
AYES: COUNCILMED7BERS BYORK, HENNING, MORRIS, WELLS, RICIIARDS
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE ~'~.~
ice' ~ '-'---~
Paul H. Richards, II Mayor
City of Lynwood
ATTEST:
Andrea L. Hooper, City Clerk
City of Lynwood
APPROV~D~ T/O FORM:
!//// t
City Atto ~ey
APPROVED AS TO CONTENT:
~-
Vi m e L. Ma , Director
Community Development Dept.
ordstudy3: Multi-or
11
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES ).
I, ahe undersigned, City Clerk of the City of
Lynwood, and ex-officio clerk of the Council of said City,
do hereby certify that the above is a true and correct copy
of Ordinance No. 1292 adopted by the City Council of the
city of Lynwood, and that the same was passed on the date
and by the vote therein stated.
DATED this 21st day of August 19 $Z-
City C er
City of Lynwood