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Home My Public Portal About2001.059 (05-15-01)RESOLUTION NO. '~. 2001;.059 . (Revised May 15, 2001) ~~ ~' A RESOLUTION OF THE LYNWOOD ,CITY . COUNCIL TO ,ADOPT .~ OPTION #4; . OVERTURN THE DECISION . OF THE PLANNING COMMISSION AND DENY ZONE CHANGE NO. 2000-03, A REQUEST TO CHANGE THE ZONING FROM GB-1 (CONTROLLED BUSINESS) TO C-3 (HEAVY COMMERCIAL) ~ FOR ~ THE LYNWOOD PLAZA; AND DENY CONDITIONAL USE PERMIT NO. 2000-31, A REQUEST TO . J EXPAND THE EXISTING EL FA4~ALLON RESTAURANT AND DANE HALL AT 3551 MARTLN LUTHER KING JR. BOULEVARD,. ` LYNWOOD, CALIFORNIA. WHEREAS', the Lynwood City Council, pursuant to law, conducted a public hearing on May, 15, 2001 and approved Appeal N,o. 2001-02 thereby overturning the . decision of the Planning Commission and denying Zone Change No. 2000-03 and Conditional Use Permit No. 2000-31;.and r WHEREAS, the Lynwood City, Council., pursuant to law, conducted a public hearing on April 17, 2001 to hear Appeal No. 2001-02 a request to overturn the decision of thePlanning Commission and the item was continued for thirty (30) days; and WHEREAS, the Lynwood- City Council considered all pertinent facts, oral and' written. testimony; .and . WHEREAS, the Lynwood Planning Commission, pursuant to law, on December 12, 2000 conducted a public hearing on the subject application and continued the. item to the next regular meeting; and WHEREAS, the Lynwood Planning Commission, pursuant to law, on January 9, 2001 conducted a public hearing on the subject application and continued the item for sixty (60) days; and WHEREAS, the Lynwood Planning Commission, .pursuant to law, on March 13, 2001 conducted a public hearing "on ~ the subject applications .and approved Zone Change No. 2000-03 and Conditional Use Permit No. 2000-31;~and ~ . ~"~ ,; WHEREAS, the Director of Community Development ,has determined that the ~,, ~ proposal may have a significant effect. on the environment, there .may not be a t:-'-I' ~ significant effecfi in this case as mitigation measures were developed to reduce ossible p negative impacts to a level of insignificance, pursuant to provisions of the California Environmental Quality Act (CEQA) Guidelines as amended; Section 1. The Lynwood City Council hereby finds and determines as follows: A. The proposed project may adversely effect the comprehensive General Plan. The proposed zone change may allow more intensive and/or . obtrusive land uses to establish. . H:\WORDFILE\PLANNING\RESOStreso.cc.denyelfarallon.doc ~ _ 1 _ B. The proposed location of the zone change may not be in accord with the objectives of the zoning code. Additional land uses permitted in a less restrictive commercial zone may not be able to comply with required development standards. C. The proposed. location of the zone change may be detrimental to the public health., safety, or welfare, or materially injurious to properties or improvements in the vicinity. The land uses permitted in a less restrictive commercial zone may negatively impact properties in the vicinity.. D. The effects of the zone change may not have the implementation of mitigation measures that would reduce negative impacts on properties in the, vicinity to a level of insignificance. Such mitigation measures would pertain to effects on noise, light and glare, transportation/circulation, and public services. E. The proposed project may adversely effect the comprehensive General Plan, specifically the following goals and policies; 1) Ensure that residential .neighborhoods are protected from the encroachment of incompatible activities or land uses which may have a negative impact on the residential environment. (Land Use Element, Policy 3, page LU-19) 2) ~ Prevent and mitigate the adverse impacts of noise from internal and external sources on Lynwood residents. (Circulation Element, Goan 1, page N-5) 3) Provide a pattern, scale, and design of land uses which promote individual safety. (Safety Element, Policy 5, page S-12) F. The proposed. location of the conditional use may not be in accord with the objectives of Chapter 25, .Zoning of the Lynwood Municipal.Code, and the purpose of the zone in which the site is located. The zoning. code strives to provide land uses and commercial establishments that serve the .needs of residents city wide. The subject business may be creating negative impacts on adjacent residential and commercial properties. G. The location of the proposed conditional use and the conditions under which it operates or maintained may be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The establishment has a~ negative history of excessive police response requests. -Residents have testified at public hearings of criminal activities and disturbance of their peace and welfare. H. The conditional use may not comply with each of the applicable provisions of the.zoning chapter. The Lynwood Municipal Code requires dance halls and establishments that serve alcohol to have a conditional use permit and this business does not have such permits. The applicant has .not demonstrated that he has implemented mitigation measures that would reduce negative impacts on properties in the vicinity to a level of insignificance. Such mitigation measures pertain to effect of noise, light and glare, transportation/circulation, and' public services. Section. ~ 2. The I City Council of the City of Lynwood, based upon the aforementioned findings and determinations, hereby approves Appeal No. 2001-02 and thereby denies Zone Change No. 2000-03 and denies Conditional Use Permit No. 2000- 31. 2 ~~ ~E,;.~ J Section 3. A copy -of the Resolution No. 2001.059 shall be delivered to 'the applicant. ~ . PASSED, APPROVED AND ADOPTED this 15 day of May , 2001. .~ ATTEST: ~~~~ ANDREA L. HOOPER, City Clerk City of'Lynwood ,~ _.-- --- ---~ PAUL H. RICHARDS il, Mayor City of Lynwood RALPH W. DAVIS III, City Manager City of Lynwood APPROVED AS TO CONTENT: G RY CHICO- S, Qirector of ~f Community Development Dept. H:\ W OADFILE\PLANNING\RES OS\reso. cc.denyel faral Ion. doc APPROVED AS TO SH~k! THEVEF~, ~i orney -3- ..STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) .. I, the undersigned, City Clerk of the City of.Lyn~wood, 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 15th day of May , 2001. AYES.: COUNCILMEN BYRD, SANCHEZ, RICHARDS - NOES: COUNCILMEN REA, REYES ABSTAINS: ~ NONE ABSENT: NONE 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. 2001.059 on file in my office and that said resolution was adopted on the date and' by the vote therein stated. Dated this ~ day of May , 2001. ~.~~~ , ~, City Clerk ,~ 4