HomeMy Public PortalAbout2003.199 (10-21-03)RESOLUTION NO. 2003.199 (DENY)
A RESOLUTION OF THE CITY COUNCIL OF THE
! CITY OF LYNWOOD DENYING APPEAL NO.
`~- ~ 2003-02, AND UPHOLDWG THE .DECISION OF
THE PLANNING. COMMISSION TO DENY
CONDITIONAL USE PERMIT NO. 2003-19, A
REQUEST TO SELL .ALCOHOLIC BEVERAGES
FOR OFF-SITE CONSUMPTION AT AN EXISTING
MARKET LOCATED AT 10404 LONG BEACH
BOULEVARD IN THE C 3 (HEAVY
COMMERICAL) ZONE, LYNWOOD, CALIFORNIA.
WHEREAS, the Lynwood City Council conducted a duly noticed public hearing
on Appeal No. 2003-02 (Conditional Use Permit No. 2003-19); and
1/VF-IEREAS, the Lynwood Planning Commission on September 9, 2003
conducted a public hearing and denied Conditional Use Permit No. 2003-19; and
WHEREAS, the Lynwood City Council considered all pertinent testimony offered
at the public hearing; and ~
WHEREAS, the Development Services Department has determined that the
proposal is categorically exempt pursuant to Section 15301 (a) as set forth in
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, specifically the following goals and policies:
1) Ensure that residential neighborhoods are protected from the
encroachment of incompatible activities or land uses which may
ha~e 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,
Goal 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)
B. The proposed location of the conditional use (i.e. the distance
requirements for alcohol beverage use ) are not be in accord with the
objectives of this chapter and 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 land uses.
C. The proposed location o,f the 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.
, "'
D. The conditional use may not comply with each of the applicable provisions
of fihe zoning chapter. The Lynwood Municipal requires establishments
that sell alcohol to be rnore than 500 feet from another such
establishment and have a conditional use permit and this business does
not.
E. 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 effects on
noise, light and glare, transportation/circulation, and public services.
F. The City of Lynwood has an excessive number of alcohol beverage
establishments that may create over saturation of such uses in the City,
pursuant to findings of the State of California Alcoholic Beverage Control
(ABC) Agency.
Section 2. The City Council, of the City of Lynwood, based upon the
aforementioned findings and determinations, hereby denies Appeal No. 2003-02 and
upholds the decision of the Lynwood Planning Commission to deny Conditional Use
Permit No. 2003-19.
Section 3. A copy of thi's Resolution shall be delivered to the applicant:
ADOPTED and DENIED this 215t day of October, 2003 by the Lynwood City
Council
ATTEST:
FERNANDO PEDROZA, M
Lynwood C~ity Council
2~~~~ Q~~ ~_..
ANDREA L. HOOPER, City Clerk - UST GO ES, City Manager
APPROVED AS TO CONTENT:
~~
' GRANT TAYLO , pecial Assistant
Development Services Department
APPROVED AS TO FORM:
~~
MIKE ONTGOMERY, City Atto
Lynwood City Council
STATE OF CALIFORNIA ) ,
~ )SS
~ ' COUNTY OF LOS ANGELES )
~--- I, the undersigned, City Clerk for 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 21st day of October , 2003.
~ AYES: COUNCILMEN BYRQ, REYES, SANTILLAN, RODRIGUEZ, PEDROZA
NOES: NONE '
, ABSTAIN: IVONE
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 Resofution No. ~on3 _ 7 qq on file in my office and that said
~ Resolution was adopted on the date and by the vote therein stated. ~ ,
Dated this .2lstday of October , 2003.
~`
y City Clerk, City of Lynwood
~
-3-