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