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Home My Public Portal About2001.003 (01-02-01)i RESOLUTION NO. 2001.003 ._.._., A RESOLUTION OF THE CITY COUNCIL OF THE ~ CITY OF LYNWOOD APPROVING APPEAL NO. 1 2000-06 AND THEREBY OVERTURNING THE PLANNING COMMISSION DECISION TO DENY CONDITfONAL USE ~ PERMIT NO. 2000-24, A REQUEST TO OPERATE A "TEEN CHALLENGE" FACILITY AT 10115 - 10119 LONG BEACH BOULEVARD, IN THE C-3 (HEAVY COMMERCIAL) ZONE, LYNWOOD, CALIFORNIA WHEREAS, the Lynwood City Council, pursuant to law, on January 16, 2001 conducted a public hearing and approved the application to operate a Teen Challenge '° facility; and WHEREAS, the Lynwood City Council, pursuant to law, on December 19, 2000 conducted a public hearing on the subject application and continued the item for thirty (30) days; and WHEREAS, the Lynwood City Council, pursuant to law, on November 21, 2000 conducted a public hearing on the subject application and continued the item for thirty (30) days. WHEREAS, the Lynwood City Council, pursuant to law, on November 7, 2000 conducted a public hearing on the subject appeal application that was continued to the next regular meeting; and WHEREAS, the Lynwood City Council considered all pertinent testimony offered at the public hearings; and WHEREAS, the Lynwood Planning Commission, pursuant to law, on October 10, 2000 conducted a public hearing and denied the subject conditional use permit application. Section 1. The 'City Council hereby makes the following findings and determinations: A. ~ Approving the Appeal and Conditional Use Permit will not adversely affect the General Plan as the subject property is designated commercial. ~ B. The location of the conditional use is in accord with the Zoning Ordinance, ,..-.,~ specifically Lynwood Municipal Code Section 25-10.1(d) in the C-3 (Heavy Commercial) zone that allows "any other retail uses determined to be of the same or similar character of other permitted or conditionally permitted uses. C. The operation of the conditional use is similar to a "trade school" and therefore in accord with the Zoning Ordinance, specifically Lynwood Municipal Code Section 25-10.1(f)(6) that permits trade schools subject to a conditional use permit. \\LYN SRVI\VOLJ\WORDFILE\PLANNING\RESOS\appea@000.06.approve.doc - 1 - D. The location of the conditional use and the conditions under which it would be operated and maintained will. not be detrimental to the public health., safety, or welfare of properties in the vicinity. °~ Section 2. The City Council. of the City of Lynwood, based upon the aforementioned findings and determinations, hereby overturns the decision of the Planning Commission and approves Appeal No. 2000-06 and Conditional Use Permit No. 2000-24, provided the following conditions are observed and complied with at all times. COMMUNITY DEVELOPMENT DEPARTMENT 1. The project shall comply with all applicable regulations of the Lynwood Municipal Code, the California Building Code and the Los Angeles County Fire Code. 2. The project development is subject to the plans approved by the Lynwood City Council on January 16, 2001 and on file in the Planning Division of the Community Development Department. Any proposed subsequent modification of the subject site or structures thereon, or expansion shall be first reported to the .w Community Development Department, Planning Division, for review. 3. The applicant shall sign a Statement of Acceptance stating that he has read, understands, and agrees to the conditions stated herein before a certificate of occupancy is approved. ~~ 4. This Appeal and Conditional Use Permit approval shall lapse and become null and void one hundred eighty (180) days from the date of the approval unless all conditions of said permit are met and the certificate of occupancy is issued or substantial progress has been made toward establishing this use. 5. When this approval is subject to lapse it may be renewed for an additional ninety (90) days, provided that prior to the expiration date, an application for renewal is filed with the Planning Division. The Planning Division shall approve said renewals. 6. Ail conditions of approval must be printed on the cover of plans submitted to the Building and Safety Division for plan check approval. _ PLANNING DIVISION 7. All landscaping and irrigation shall be installed in accordance with a detailed plan, which shall be approved by the Planning Division prior to the issuance of a Certificate of Occupancy. Such landscaping plans shall include or be accompanied by plans for an automatic irrigation system. 8. All required parking areas sha11 be permanently paved, striped and have bumper r-----~ ~ guards and such parking areas shall be well lighted and secure. This condition includes the shared parking lot south of Teen Challenge. 9. The applicant shall execute and/or provide a recorded shared parking agreement that designates the parking lots 120 feet south of the subject property as additional parking for Teen Challenge. Such parking lots are described as Lots 120 and 121 of Tract 4936 and further described as Assessor Parcel Numers 6207-010-007 and 008. 10. There shall be no outdoor storage of materials or equipment of any kind once the Certificate of Occupancy is issued. 11. At least one employee shall be present on the premises at all times. 2 12. A proactive approach to the :removal of graffiti shall be assumed at all times. Graffiti shall be removed within twenty-four (24) hours. 13. The number of patients occupying the site at any-one time shall not exceed 'twenty-four (24) women. 14. The property shall have a minimum of seven percent (7%) landscaping. Such landscaping shall .predominantly consist of plants, shrubs, and/or trees. All . landscaping shall be maintained in a neat and orderly condition. - 15. Air conditioners, heating, cooling, and all other mechanical equipment -shall be screened from surrounding properties and streets and so operated that they do ~ - not disturb the peace, quiet and comfort of neighboring residents, in accordance r, with the City's Noise Ordinance. 16. A masonry wall or sight obscuring fence, eight (8) to twelve (12) feet in. height shall be maintained on the rear property line adjacent to residential properties. The applicant shall submit detailed plans of such wall or fence to be reviewed and approved -by the Planning Division. A fence permit shall be obtained from the Planning Division prior to installation of said fence. 17. , ~~ Prior to installation of new signs, alteration or relocation of existing signs, the applicant shall submit plans, an application, and obtain approval from the Community Development Department. { r-- 5. . 18. The applicant shall provide a trash receptable to be stored in an area that is - enclosed on three (3) sides by a solid masonry wall, have a sight obscuring and latched gate. 19. Visitors hours shall be limited from 10:00 am. to 9:00 p.m. 20. ~ All exterior artifical light shall be directed and shielded to prevent light intrusion. to _ adjacent properties.. A 1i'ghting plan shall be submitted to and approved by the Planning Division .prior to issuance of a certificate of occupancy. 21. Signs shall be located in both parking lots stating parking is available for Teen Challenge and identify the business name and visitor hours. ,22. All necessary approvals, permits and licenses shalt be obtained prior~to operation . of the facility. 23. The property shall be maintained in a neat and clean manner at all times. 24. The applicant shall provide the City Planning Division with annual `lists of employees and residents of the facility. 25. .Final building elevations, including materials of construction, shall be submitted to the Planning Division prior to issuance of ~a Certificate of Occupancy. 26. This item shall be brought back before the Planning Commission within six (6) months of approval for review. Such review shall determine the status of 'compliance with conditions of approval and applicable code requirements. .. 27. Failure to comply with code requirements and/or conditions of approval may '.result in the initiaiton of revocation proceedings before the Planning Commission. \\LYN_SRVIIVOL3\WORDFILE\PLANNING\RESOS\appea12000-06.approve.doc - 3 - 28. The applicant shall paint the teen challenge women's facility and the existing Thrift Store the same color. Such color shall be neutral, or earthtone and be consistent with the'surrounding area. "`! 28. The applicant shall submit a curriculum for the trade school, certificate of co"mpletion, credentials ~ of employees and instructors, and other applicable documentation requested by the Gity. ' BUILDING AND SAFETY DIVISION - 30. All construction shall meet or exceed the minimum building standards that are . referenced in the following codes: The Uniform Building Code - 1997 edition; The Uniform~Plumbing Code - 1997 edition; The Uniform Mechanical Code - 1997 .edition; The Los Angeles County Fire~Code - 1997 edition; The National Electric Code - 1996 edition;, All as amended by the California Building Code of 1998. ~- In ease where the provisions of the California Building Code, the City of Lynwood Municipal, Code, or the plans or specifications in these plans may conflict, the ' more restrictive provisions shall govern. 31. The applicant shall submit detailed plans indicating the following. items: a) Proposed occupancy/use for each room/area. , b) Propose exiting plan. c) Existing construction- types. FIRE OEPARTMENT ' 32. The applicant shall submit plans to the ,Los Angeles County Fire .Department for ' plan check review and approval -prior to receiving a Certificate~of Occupancy. PUBLIC WORKS DEPARTMENT 29. Provide documentation that: lots composing the property were legally tied together to the satisfaction of the Department of Public Works. After reviewing the documents, the Department of Public Works may require the submission and , recordation of a .parcel map or lot merger. . ' SHERIFF DEPARTMENT 30. The facility shall implement and .maintain regulations to deal with tenants should 'they become involved with criminal activity on or off the property. ~~ 3?. The facility shalt properly screen. alf potential clients in order to eliminate clients who have a potential for ..participating in criminal activity. ~ . 32. The facility shall enforce the hours of visitation and that hours of operation be 'posted and enforced. 33. The applicate shall post signs on the property and in the parking lot prohibiting °trespassing and loitering. 34. , ' rThe exterior of the property shall be well illuminated du_ ring the hours of darkhess. 4 ~ . STATE OF CALIFORNIA ), ' ~ )SS COUNTY OF~LOS ANGELES - ) ___ i L, 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 16`" day of January , 2001.. - AYES: COUNCILMEN BYRD, SANCHEZ, RICHARDS ,. NOES: COUNCILMAN REA ABSTAIN: COUNCILMAN. REYES - ~ ' ABSENT: .NONE 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 Resolution No. ~nn~ _nn~ on file in my office and that said resolution was adopted on the date and by the vote therein stated. ' - Dated this 16`" day of January , 2001. - City Clerk . 6 Section 3. A copy of this Resolution shall be delivered to the applicant: Section 4. Any violation of said conditions in this resolution may result in revocation or modification of the Conditional Use, Permit by the issuing body at a regularly scheduled meeting. PASSED, APPROVED and ADOPTED this 16t'' day of January, 2001. ATTEST.: ~ r PAUL H. RICHARDS li, Mayor City of Lynwood 1 ~. ~~~ ANDREA L. HOOPER, City Clerk R P VI'S III, City Manager City of Lynwood ~ City of Lynwood APPROVED AS TO FORM: APPRO D AS TO C -TENT: O S - ~ K. THE ER, City Attorney .. t - \\L1'N SRVI\VOL3\WORDFILE\PLANNING\RESOS\appea12000-06.approve.doc . ~- G Y'CHICOTS, irector of Community Deve opment -5-