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Home My Public Portal About95-168 (11-07-95)CITY OF LYNWOOD LOS ANGELES COUNTY, CALIFORNIA RESOLUTION NO. 95 -168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AFFIRMING THE PLANNING COMMISSION'S DECISION AND REVOKING CONDITIONAL USE PERMIT NO. 152 WITH RESPECT TO THE PROPERTY LOCATED AT 2991 EAST IMPERIAL HIGHWAY, LYNWOOD, CALIFORNIA t—J THE CITY COUNCIL OF THE CITY OF LYNWOOD HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1 . On November 8, 1994, the Planning Commission of the City of Lynwood approved the issuance of Conditional Use Permit No. 152 ( "the CUP ") to Eliu and Solio Saucedo ( "Permittees ") to operate an automobile repair center and tire sales operation on the property located at 2991 East Imperial Highway, Lynwood, California, ( "the Property ") within the C -3 (Heavy Commercial zone). Section 2 . A public hearing was duly held by the Planning Commission regarding the status of compliance with conditions of approval of the CUP on June 13, 1995, July 11, 1995, and August 8, 1995. The Permittee was present at that public hearing. In addition, during the hearing on August 8, 1995, the Permittee was represented by legal counsel. Section 3 . Evidence, both written and oral, was duly presented to and considered by the Planning Commission at the aforesaid hearing. At the conclusion of the public hearing on August 8, 1995, the Planning Commission announced its intended decision to revoke the CUP on the basis of noncompliance with conditions of approval. Resolution No. 2563 was unanimously adopted by the Planning Commission on September 12, 1995, the effect of which was to revoke the CUP. Section 4 . On October 17, 1995, the City Council of the City of Lynwood held a public hearing on the Permittees' appeal from the decision of the Planning Commission. That hearing had been properly noticed in accordance with the provisions of the Lynwood Municipal Code. Section 5 . Upon the basis of the evidence submitted, both written and oral, the public testimony, and the records, documents, and reports attached to or referenced in the Staff Report concerning this matter, all of which have been incorporated into the record of the public hearing held on October 17, 1995, the City Council finds and determines as follows: A. The Property measures approximately 11,650 square feet and is located on the northwest corner of East Imperial Highway and State Street. The Property is surrounded by commercial uses to the east and west, industrial use to the south and residential uses to the north. The Property is developed with two (2) structures which measure approximately 1,680 square feet and approximately 980 square feet, respectively. B. Pursuant to Lynwood Municipal Code Section 25- l0.1a, a conditional use permit is required for automotive repair businesses in the C -3 zone. In September, 1994, the Permittees applied to the City of Lynwood for approval of a conditional use permit in an attempt to legalize existing automobile repair uses which had been operating on the Property without the required business licenses or conditional use permit. The Permittees requested approval of the CUP to operate an automobile repair, body and fender repair, and tire sales shop on the Property. At its meeting of November 8, 1994, the Planning Commission adopted 951024 10512 -05300 syc 0592299 0 Resolution No. 2528 and approved CUP 152, subject to 51 enumerated conditions. C. Pursuant to section 25 -25.12 of the Lynwood Municipal Code, the Planning Commission may revoke a conditional use permit if, after a public hearing, it determines that a condition of approval of the conditional use permit is not being complied with. Also, condition number 25 of the CUP, as reflected in Resolution 2528, states that "Any violation of conditions in this resolution may result in revocation or modification of the Conditional Use Permit by the issuing body at a regularly scheduled meeting." D. Condition No. 10 of the CUP states that "No damaged or wrecked vehicles shall be stored on site. No portion of the site shall be used for vehicle storage unless they are vehicles awaiting repair." Between June, 1995, and the end of July, 1995, numerous damaged or wrecked vehicles were stored on the Property, at times in excess of twenty (20) such damaged or vehicles. As of August 8, 1995, at least three (3) damaged or wrecked vehicles remained on the Property, which vehicles had been stored on the Property for an unreasonable period of time, in excess of sixty (60) days. E. Condition No. 11 of the CUP states that "All damaged vehicles awaiting repair shall be effectively screened from view from any public street or highway or adjoining properties by the existing masonry wall and landscaping." Between June, 1995, and the end of July, 1995, numerous damaged vehicles were stored in parking spaces, driveways, and in areas which were visible from the public street. As of August 8, 1995, at least three (3) damaged or wrecked vehicles remained stored on the Property visible from the public street. F. Condition No. 13 of the CUP states that "The applicant /tenant shall provide adequate vehicular circulation so as not to create traffic problems. There shall be no automotive repairs or parking or storage of damaged /wrecked vehicles in the driveways at any time." Between June, 1995, and the end of July, 1995, numerous damaged or wrecked vehicles were stored in the driveway area and other areas, thereby impeding vehicular circulation on the Property. On August 3, 1995, damaged or wrecked vehicles were parked in the driveway area, and one such vehicle extended onto the public right -of -way on the sidewalk. G. Condition No. 19 of the CUP states that "There shall be a minimum of nine (9) offstreet parking spaces including one (1) handicap parking space." Between June, 1995 and the end of July, 1995, damaged and wrecked vehicles were stored on the area designated on the plans for parking spaces and no offstreet parking spaces were provided on the Property. On August 3, 1995, three (3) damaged vehicles were stored in the designated area for off street parking, leaving only six (6) off - street parking spaces. While the aforementioned six (6) parking spaces were uncovered, they were not accessible since wrecked vehicles were blocking the driveway and another area which provided access to the parking spaces. Since at least June, 1995, the required nine (9) off - street parking spaces have not been provided on the Property. H. There is non - compliance with the following conditions of approval of the CUP: Condition No. 10, Condition No. 11, Condition No. 13, and Condition No. 19. These conditions are reasonable conditions which were imposed in the interest of protecting the public safety and general welfare. The above - described violations of the conditions of approval have resulted in vehicular and pedestrian traffic hazards, reduced availability of on- street parking, and the creation of blight in the immediate vicinity. Thus, the violations of conditions of the CUP have adversely affected the surrounding property, including both commercial uses and residential uses. 951024 10512 -05300 syc 0592299 0 — 2 — I. Since at least June, 1995, the Permittees have been given ample opportunity to comply with the conditions of approval, including those described above. While the degree of non - compliance has been slightly lessened since June, 1995, the Permittees have demonstrated an unwillingness or inability to achieve compliance with significant and reasonable conditions of approval of the CUP. J. Pursuant to Lynwood Municipal Code Section 4 -9.5, a business license may be suspended or revoked by the City Council for reasons set forth in Section 4 -9.1, including the violation ' of a provision of the Lynwood Municipal Code or any ordinance, rule, order or regulation of the City. The conditions of approval of the CUP constitute an order or regulation of the City imposed pursuant to authority conferred by the Municipal Code. The violations of the conditions of approval of the CUP are directly related to the businesses operated on the Property. The automotive repair, body and fender and tire sales businesses currently operating on the Property are not permissible uses unless authorized pursuant to a conditional use permit. Section 6 . Based on the findings set forth above in Section 5, the City Council denies the appeal of the Permittees and affirms the decision of the Planning Commission revoking Conditional Use Permit Pao. 152. The City Council further directs that all business licenses in effect on the Property be revoked, effective immediately, and authorizes the City Manager to take all actions necessary and appropriate to implement the revocation of those business licenses. Section 7 . The City Clerk is directed to certify to the passage and adoption of this Resolution. PASSED, APPROVED and ADOPTED this 7th day of November, 1995. LOUIS BYRD, �MA OR ATTEST: // �)�at ✓fir ANDREA L. HOOPER, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY 951024 10512-05300 syc 0592299 0 — 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ss. 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 Lynwood at a regular meeting held on the 7th day of November by the following vote: AYES: COUNCILMEMBER HEINE, HENNING, REA, RICHARDS, BYRD NOES: NONE ABSENT: NONE J � CITY CLERK, City o STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ss. 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 Resolution No. 95 -168 on file in my office and that said resolution was adopted ont he date and by the vote therein stated. Dated this 7th day of November, 19 95