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HomeMy Public PortalAbout95-041 (03-21-95)RESOLUTION NO. 95 -41 CITY OF LYNWOOD LOS ANGELES COUNTY, CALIFORNIA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD GRANTING APPEAL AP 95 -02, AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION DENYING CONDITIONAL USE PERMIT NO. 144 ' WHEREAS, Mr. Min Chae applied to the Planning Commission for a Conditional Use Permit to authorize the sale of beer and wine beverages for off -site consumption in a multiple tenant retail center at 3100 E. Imperial Highway in the CB -1 (Planned Business) zone; and WHEREAS, the Planning Commission, upon giving the required notice, conducted a public hearing on February 14, 1995 to consider said application; and WHEREAS, at the conclusion of said public hearing, the Planning Commission denied said application based upon concerns of public safety, possible contribution to the existing high crime rate in the area and the proximity of at least one standard liquor store and one store selling beer and wine, as set forth in the minutes of said meetings of the Planning Commission; and WHEREAS, Mr. Robert Henning appealed said decision of the Planning Commission to the City Council, within the time prescribed by law; and WHEREAS, the City Council considered said appeal at a duly noticed public hearing held on March 21, 1995; and I WHEREAS, at said public hearing, the City Council considered all proffered evidence, including but not limited to the record before the Planning Commission, the report of the City Manager to the City Council, the oral testimony of the applicant, and all other oral and written evidence as was submitted; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS: Section 1. The City Council concurs in the determination of the Director of Community Development that the proposed project is categorically exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines, as amended. Section 2. The City Council finds and determines that the issuance of a Conditional Use Permit at this location authorizing the sale of beer and wine beverages for off -site consumption would not be detrimental to the public health,• or safety, based upon the following facts: A. The proposed use is permitted within the existing zoning classification of CB -1 (Planned Business) and is consistent with the General Plan designation of Commercial. ' B. The proposed use is in conformity with Section 25- 16.20e of Chapter XXV of the Municipal Code which requires that off -sale liquor establishments be located more than 500 feet from other liquor establishments and from certain other specified public and private structures and facilities. C. Beer and wine beverages will be sold only in an existing market within the retail center. D. Conditions have ))een included in the Conditions of Approval to discourage any consumption of beer and wine on the premises. E. The conditions to be imposed by the City upon the proposed use are deemed adequate to eliminate or minimize the harmful secondary effects commonly associated with the operation of liquor establishments within the City of Lynwood. Section 3. The City Council hereby grants Appeal AP 95 -02 and hereby approves the issuance of Conditional Use Permit No. 144, subject to all conditions, restrictions and limitations set forth in the "Conditions of Approval for Conditional Use Permit No. 144 ", a copy of which is attached hereto as Exhibit A and incorporated herein by reference. Section 4. The provisions of Conditional Use Permit No. 144, and the conditions attached to it, as approved by this resolution supersede any inconsistent provisions contained in Conditional Use Permit 31. Section 5. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED and ADOPTED this 2 1st day of March 1 1995. ATTEST: C4 i ANDREA L. HOOPER� CLERK APPROVED AS TO FORM: V AM,422 I. a WILLIAM RUDELL, CITY ATTORNEY LOUIS BYRD, MAYOR _� a ' ,. ZE GARY D. C COMMUNITY DEPARTMENT t: \planning \cccup144.ap1 ' STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing resolution was passed and adopted by the City Council of the City of Lywood at a regular metting held on the 21st day of March ,1995 AYES: COUNCILMEMBER Henning Rea, Heine NOES: COUNCILMEMBER Richards ABSENT: COUNCILMEMBER Byrd 0 City Clerk, City of Lywood STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) I, the understand City Clerk of the City of Lywood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. 95 -41 on file in my office and that said resolution was adopted on the date and by the vote therein started. Dated this 21st , day of March , 1995 City Clerk