Table of Contents
1.0 Introduction ...................................................................................... 3
1.1 Economic Development Subsidy Overview .............................................. 3 A. Description of Amended Agreement & Related Requirements............................ 3
2.0 Economic Development Subsidy Report ....................................... 3
2.1 Reporting Requirements ............................................................................. 3 A. Name and Address of Corporation ..................................................................... 4 B. Subsidy Schedule............................................................................................... 4 C. Statement of Public Purpose for Subsidy ........................................................... 5 D. Projected Tax Revenue to City of Lynwood ........................................................ 6 E. Estimated Number of Jobs ................................................................................. 6
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CITY OF LYNWOOD ECONOMIC DEVELOPMENT SUBSIDY REPORT
1.0 Introduction
1.1 Economic Development Subsidy Overview
The City of Lynwood (“City”) and Lynwood Springs, LLC, a California limited liability company (“Developer”) entered into an Agreement re Operating Covenant and Restrictive Covenants dated September 19, 2023 and fully signed on May 15, 2024 (the “Original Agreement”) as it relates to the property located at 11700 Long Beach Boulevard, Lynwood, County of Los Angeles, State of California (Los Angeles County Assessor Parcel Numbers (“APNs”): 6175-002-001; 6175-002- 002; 6175-002-003; 6175-009-006; 6175-002-004; 6175-002-005; 6175-002-028; 6175-003-013; 6175-003-014; 6175 -003-015; 6175- 003-017; 6175- 003-018; 6175 -009-005; 6175- 009-007; 6175-009-008; and 6175-009-025 (“Property”). The City and Developer now desire to amend the Agreement to adjust the rate of the reimbursement of sales tax revenue and provide for a limited waiver of required impact fees (“First Amendment ”), which would constitute the economic development subsidy as further described herein.
A. Description of Amended Agreement & Related Requirements
The provisions in the Original Agreement and the First Amendment between the Developer and the City require the Developer to still adhere to certain Operating and Restrictive Covenants (“Covenant Requirements”). The Covenant Requirements still require that: (i) the business remain in operation in the City for tenant least fifteen (15) year term (“Operating Period”).
In exchange for satisfying the Covenant Requirements during the Operating Period, the First Amendment amends Covenant Considerations (“Economic Development Subsidy”) under the Original Agreement as follows:
1. The Sales Tax Revenue Rebate percentage payable to the Developer changes from fifty percent (50%) to seventy -five percent (75%). However, the cap on the total Economic Development Subsidy remains the same and shall not to exceed $1,500,000 over the duration of the Operating Period.
2. The addition of a partial waiver of impact fees equal to twenty-five percent (25%) of applicable Impact Fees in connection with the Project (“Impact Fee Waiver”).
2.0 Economic Development Subsidy Report
2.1 Reporting Requirements
In accordance with Government Code Section 53083, the following subsections provide the information and details of the First Amendment by and between the City and the Developer. The Report shall remain available to the public and posted on the City’s website until the end date of the First Amendment, which is more fully described herein. 518
CITY OF LYNWOOD ECONOMIC DEVELOPMENT SUBSIDY REPORT
A. Name and Address of Corporation
The name and address of all corporations or any other bus iness entities, except for sole proprietorships, that are the beneficiary of the economic development subsidy.
Corporation Name: Lynwood Springs, LLC, a California limited liability company Principal Address: 40 Pacifica, Suite 1500, Irvine, CA 92618 Affiliated Companies: Not applicable
B. Subsidy Schedule
The start and end dates and schedule, if applicable, for the economic development subsidy.
Pursuant to the First Amendment, if approved, the commencement date for the provision of the Economic Development Subsidy to Developer shall be on the day on which the Conditions Precedent are satisfied as described in greater detail herein.
The Economic Development Subsidy that the City will provide to Developer will conclude at the end of the Agreement’s Operating Period (15-year term) or when the subsidy amount provided to the Developer totals $1,500,000, whichever occurs first.
Post Occupancy Performance Based Requirements & Subsidy Calculation The First Amendment stipulates that the City agrees to pay to the Developer an amount equal to seventy-five percent (75%) of Sales Tax Revenues generated each year during the Operating Period payable annually on or before July 30th of each year for the preceding calendar year during the Operating Period.
A projection of gross sales tax collections directly attributable to the proposed Project were estimated over the post occupancy Operating Period using an annual 3% escalation and calculated by applying the aforementioned percentage ( 75%) in accordance with the First Amendment to derive the Economic Development Subsidy amounts.
Assuming that the Developer’s estimated gross sales generated on the Property in Calendar Year 2025 is conservatively $10,800,000 and the Sales Tax Revenue is equal to 1.75 % of gross sales (~$188,900), which includes all applicable Sales Tax Revenues as defined herein.
In that event, the Economic Development Subsidy in Calendar Year 2025 would be $141,700, which is 75% of the amount of the Sales Tax Revenues. It should be noted that the Sales Tax Revenues provided herein are a conservative estimate based on Kosmont’s initial review and evaluation of projections from the Developer and industry standard averages for sales tax revenue per square foot.
In the event that any payment to the Developer required under the First Amendment covers less than a full annual period, then the amount of the Economic Development Subsidy for said partial annual period shall be calculated by multiplying the total Sales Tax Revenues equivalency for the entire annual period (assuming that the Developer was entitled to receive Sales Tax Revenues for the annual period) by a fraction in which the numerator equals the 519
CITY OF LYNWOOD ECONOMIC DEVELOPMENT SUBSIDY REPORT
number of days in such semi -annual period included within the period of C ity’s payment obligation and in which the denominator is 365.
In addition, the City will provide for a limited waiver of required Impact Fees, specifically a waiver of 25% of all applicable Impact Fees (“Impact Fee Waiver”) in connection with the Developer’s proposed project (as described further herein). The estimated impact fees are approximately ( $162,206, therefore the estimated reduction in Impact Fees would be approximately $40,551 ($162,206 x 25% = $40,551).
C. Statement of Public Purpose for Subsidy
The Economic Development Subsidy that the City intends to provide to the Developer , pursuant to the terms of the First Amendment , constitutes a valid public purpose that is consistent with the following goals and objectives of the City’s Long Beach Boulevard Specific Plan and General Plan:
• Create additional opportunities to increase in sales taxes • Provide Lynwood businesses with a selection of programs and partnership opportunities to enhance their business enterprises
• Provide a base for economic vitality for the future.
• Promote employment opportunities at all levels of ability and expertise. • Encourage the development of new commercial and retail uses in locations where they can most efficiently provide Lynwood residents with needed products and services
The Economic Development Subsidy is one such economic development tool that will help facilitate the continued operation and accelerated acquisition, improvement, and development of the proposed Project in the City, thereby creating the potential for increased sales tax revenues and employment opportunities for local residents and promoting an improved quality of life locally.
As identified herein, the Developer has proposed the re-development of an underutilized and contaminated site located to the north and east of 11700 Long Beach Blvd, just south of the I-105 Freeway in Lynwood, CA. The proposed project would consist of a full -service grocery store (Northgate Market) and Starbucks desired by the Lynwood community, in an area that has been identified as a “food desert” by the USDA.
The proposed project is anticipated to serve a community of 69,000 Lynwood residents, as well as the 97,000 residents in adjoining Compton and 38,000 residents in Watts and is estimated to conservatively generate approximately $216,000 in annual sales tax for the City.
The City believes that the proposed project as envisioned will support the advancement of its economic development goals and objectives.
Northgate Markets works with a host of non -profit organizations and will provide other community benefits including but limited to free health clinics, free breast cancer screenings, free testing and vaccinations, free nu tritional programs and healthy cooking classes, food donations to help community members facing food insecurity, including special gifts at Thanksgiving and “surprise and delight” gifts to needy families in the community. 520
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Northgate Markets also provide educational scholarships and programs for elementary school children featuring store tours and promoting healthy eating. The community will also enjoy celebrations of cultural events including Dia de los Niños, Cinco de Mayo, Dia de los Muertos, and Christm as posadas. Finally, Northgate Markets also provide sponsorships for local community groups and faith- based organizations, focused on helping children and offering support for school bands, and youth sports teams/organizations.
The proposed subsidy would help support the Developer’s investment and operation in the City, which will help foster and encourage a sustainable local economy including increased investment and improvement opportunities for existing surrounding commercial and businesses as well as a sustainable stream of revenue, namely property and sales tax revenue, to support the City’s General Fund and provide critical public infrastructure and civic services to the community as well as encourage business expansion to further enhance the City’s key employment areas.
D. Projected Tax Revenue to City of Lynwood
Based upon a review of projected gross sales tax revenue figures and estimates of projected growth in the Project’s operations over the term of the Operating Period, it is estimated that the City will retain approximately $665,000 over the term of the Operating Period “net” of the Economic Development Subsidy.
E. Estimated Number of Jobs
As required by the First Amendment, the Developer shall employ a minimum of one hundred and thirty (130) full -time employees and eighty (80) part -time employees and use its best efforts to hire and employ qualified City residents at the Property through targeted recruiting and/or advertising efforts within the City throughout the duration of the Operating Period.
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1 RESOLUTION NO. 3427
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO.
2019-01 TO ESTABLISH A TYPE 21, FULL LINE OF ALCOHOL
SALES FOR OFF -SITE CONSUMPTION IN CONJUNCTION WITH
THE DEVELOPMENT, USE AND MAINTENANCE OF A 36,974
SQUARE FOOT GROCERY STORE (NORTHGATE) AND AN
APPROXIMATELY 1,285 SQUARE FOOT DRIVE -THROUGH
CAFE/RESTAURANT LOCATED AT 11600 AND 11640 LONG BEACH
BOULEVARD, RESPECTFULLY, LOCATED IN THE "TRANSIT
VILLAGE" AREA OF THE LONG BEACH BOULEVARD SPECIFIC
PLAN AND THE "CORRIDOR MIXED USE I" DESIGNATION OF THE
LYNWOOD TRANSIT AREA SPECIFIC PLAN.
WHEREAS, LYNWOOD SPRINGS, LLC (AKA - Northgate), the applicant, filed an application for the issuance of Conditional Use Permit No. 2019- 01, hereafter “CUP”, to add a Type 21 Alcohol Sales Approval , full line of alcohol beverages sales for off- site consumption, in conjunction with the new construction, use and maintenance of a 36,974 square foot Northgate Supermarket; and
WHEREAS, the new development is located at 11600 Long Beach Boulevard, Lynwood with corresponding Assessor Parcel Numbers (APNs) 6175- 002-001 through 6175-002-005, 6175-002-028, 6175-009-005 through 008, 6175-009-025, 6175-003-013 through 015, 6175-003-017 and 6175-003-018 in the "Transit Village" Zone of the Long Beach Boulevard Specific Plan and "Corridor Mixed Use I" Classification of the Lynwood Transit Specific Plan; and
WHEREAS, the Applicant’s PCN processing will continue to completion through the California Department of Alcohol and Beverage Control (ABC). Type 21 liquor licenses are issued to retail establishments authorized to sell a full-line of alcohol products for off-site consumption; and
WHEREAS, the project site will also include a 1,285 square-foot, drive-through cafe/restaurant within a larger two (2) parcel, 3.045 acres site with an address of 11640 Long Beach Boulevard, Lynwood. The subject development will include an on-site surface parking area consisting of 202 parking stalls arranged openly for patrons and visitors; and
WHEREAS, Conditional Use Permit No. 2019-01 was approved by Lynwood Planning Commission on September 14, 2021; and
WHEREAS, the need to amend the subject CUP’s findings and Resolution No. 3427 was bought to the Lynwood City Planning staff’s attention by the applicant to add Public 522
2 Convenience or Necessity (PCN) Findings in relation with a Type 21 Alcohol Sales Approval consistent the intent of Planning Commission to provide a complete approval on September 14, 2021 (CUP No. 2019-01); and
WHEREAS, this Resolution supplements any related approvals for this location; and
WHEREAS, all legal prerequisites to the adoption of this Resolution amendments have occurred or are in process; and
WHEREAS, pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections: 15063 of the California Environmental Quality Act (CEQA) guidelines, the project completed an Initial Study review and a Mitigated Negative Declaration (MND) completed pursuant to Section 15064(f)(2) of State CEQA guidelines.
The impacts associated with a Mitigated Negative Declaration were analyzed and the conclusions of the Initial Study determined that the project may cause potentially significant impacts to the environment without mitigation. Appropriate and necessary mitigation measures were applied and all potentially significant impacts were reduced to a less than significant level; and
WHEREAS, on September 1 0, 2024, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony related to amending the findings associated CUP No. 2019-01 / Resolution No 3427; and
WHEREAS, the Lynwood Planning Commission has sufficientl y considered all testimony presented to them in order to make the following determination.
NOW THEREFORE, BE I T RESOLVED, that the Planning Commis sion hereby does find, determine, and declare based upon evidence presented as follows:
Section 1. The facts and conclusions referenced above are incorporated as if fully set forth herein, and the findings made by the Planning Commission herein are supported by substantial evidence contained in the public record of this proceeding.
Section 2. Pursuant to Section 25-130-5 of the Lynwood Municipal Code, which requires five (5) findings for approval of a Conditional Use, including a positive Public Convenience or Necessity finding consistent with Business and Professions Code §§ 23958 and 23958.4, the Planning Commission hereby finds and determines as follows:
A. That the proposed conditional use is consistent with the General Plan;
The proposed uses of a grocery store and a drive -through café are permitted in a by- right manner with the sales of a full line of alcohol for off-site consumption, as described herein, is permitted as a discretion approval by the Planning Commission. The subject CUP may be approved if the request can be shown to fully comply with provisions of the Lynwood General Plan and Municipal Code. No development is authorized or approved in 523
3 conjunction with the granting of this CUP (refer to the Public Convenience or Necessity Findings in Paragraph F below) . The CUP will be vested in conjunction with the subject property until the alcohol use must be vested in accordance to the Lynwood Municipal Code within 12 months of the effective date of subject action or consistent with an approved Development Agreement applying all the measures of granted CUP. The CUP ABC Type 21 City-approved provisions apply to the subject site’s grocery store/supermarket.
B. That the nature condition and development of adjacent uses buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures;
The proposed uses are compatible with adjacent uses and structures and will either be similar or entirely complimentary. In fact, the proposed uses will extend a service to the adjacent uses, the City of Lynwood residents, and surrounding communities as well. As such, the proposed use's ancillary activities of a drive -through and ABC Type 21 alcohol sales will not be detrimental to the public interest, health, safety, convenience, or welfare in that the proposed use is limited to the sale of a full line of alcohol for off-site consumption. The conditions of approval require an improvement in accordance with the City of Lynwood’s General Plan, Zoning Code, and will be fully established/maintained in conjunction with the subject CUP approval
For the proposed alcohol sales, the California State Department of Alcoholic Beverage Control (ABC) will review and must also approve all alcohol sales requests in- line with State law. The su bject CUP approval is not expected to have a negative impact on the subject site or the surrounding areas.
C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed;
The site consists of an approximately 3.045 acres site and the shape of the finalized land area would more sufficiently accommodate the proposed uses and new buildings. The land area relative to other commercial sites in the City of Lynwood is much larger than locations, including Long Beach Boulevard retail locations. Furthermore, the shape and the various access points to the site make the location ideal for the proposed uses of a grocery store and retail café operation. As such, the site is found to substantially satisfy this finding of fact requirement.
D. That the proposed conditional use complies with all applicable development standards of the zoning district; and
The proposed CUP includes the sale of a full line of alcohol (ABC Type 21) for off - site consumption and a drive -through amenity to a by -right cafe/restaurant. The overall project and design will still need to secure a Site Plan Review approval through the Planning Division, complete a Plan Check review by the City's Building Division 524
4 and the County of Los Angeles Fire Department, and the County of Los Angeles Health Department. Furthermore, the approval of the subject CUPs by the Lynwood Planning is the final measure to fully ensure complete compliance with all applicable development standards of the underlying zoning district.
E. That the proposed conditional use observes the spirit and intent of this zoning code
The proposed uses observe the spirit and intent of the Zoning Code and the approved uses by CUP and are considered vested until the subject CUPs are fully established by physical structures finalized by certificate of occupancy. Full compliance with the City's Zoning Code is a condition of approval. As such, if the approved uses are not established within 12 months of the action date of this CUP that can apply the granted permit, these CUPs will become null and void.
The subject site’s approved CUP will be considered vested when the associated proposed uses are established when all the conditions are met and a building permit by the City’s Building Division is issued.
F. PUBLIC CONVENIENCE OR NECESSITY
The State of California's “Caldera Bill”, codified in Business and Professions Code §§ 23958 and 23958.4, requires a finding of public convenience or necessity when an on- and off- site alcohol sales application is filed with the Department of Alcoholic Beverage Control (ABC) for approval consideration and when an "undue concentration" of licenses within a subject location’s census tract or the geographic location exceeds reporting crimes statistics as described below. According to ABC’s license issuances and crime statistics indicated on their completed ABC -245 Form, the following information applies to the subject site:
A. Census Tract: 5417
1. No. of Licenses Allowed in the Census Tract: Three (3) Off-Site
2. No. of Licenses Existing in the Census Tract: Zero (0) Off-site
Conclusion: The number of existing licenses is lower than the number allowed
B. Crime Reporting District: 2117
1. Total Number of Reporting Districts: 10
2. Total No. of Offenses in All Reporting Districts: 3,481
3. Average No. of Offenses per District: 348.1
4. 120% of Average No. of Offenses: 417.7
5. Total No. of Offenses in Reporting District: 466
Conclusion: The Total No. of Offenses in the reporting districts equals or exceeds the total number in Item No. 4 above
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5 The subject site is located in a reporting district where the crime percentage number that exceeds 20 percent of the percentage amount permitted within its reporting districts, but does not exceed the number of off-site license issuances allowed in Census Tract No. 5417.00. As a result, State law defines the subject ABC alcohol license request an “undue concentration” and state regulations under CA B us & Prof Code §23958.4, as applicably referenced below, applies to Type 21 license being requested:
(a)(1) “The applicant premises [is] located in a crime reporting district that has a 20 percent greater number of reported crimes…than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency.”
(b)(2) Notwithstanding Section 23958, the department (the ABC) may issue a license as follows: …if the local governing body o f the area in which the applicant premises [is] located…determines…that public convenience or necessity would be served by the issuance.”
The applicant/operator has provided sufficient supporting information to ensure the addition of Type 21 for off-site consumption should not be a source of increased crime as a result of alcohol sales in conjunction with a Northgate supermarket. Specifically, the applicant/operator will maintain the primary use as a supermarket with a great majority of non -alcohol related products sold by the business, and limited hours of operation catered to neighborhood patrons (Monday through Sunday 7:00 a.m. to 10:00 p.m. and the following are findings for Public Convenience or Necessity for LYNWOOD SPRINGS, LLC (AKA- Northgate) to sell beer, wine, and distilled spirits for off-site consumption (ABC Type 21 License):
1. The use is essential or desirable to the public convenience and public welfare.
The availability of alcohol with the sale of staple groceries allows customers to ha ve readily available products in one location where they would otherwise be obliged to travel to other locations to further purchase their items; thus, the establishment of off- site alcoholic beverage sales serves a public convenience.
2. That the nature, condition and development of adjacent uses, buildings and structures have been considered and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings and structures or public health, safety or welfare and to other properties in the vicinity of the subject site.
The store’s primary operations and sales consist of staple groceries and consumer products with the sale of alcohol as an ancillary use. The proposed sale of alcohol would not be detrimental to the pu blic health, safety, or welfare primarily due to the fact that the new supermarket is located within a commercial development district surrounded by churches, schools, and residences. In addition, the supermarket frontage has been 526
6 designed with windows facing the Long Beach Boulevard and surface parking lot allowing for motorists and patrons outside the supermarket to have a direct view inside. All cashier functions will be located near the entrance of the supermarket with security cameras placed throughout the interior and exterior. The establishment will operate in compliance with the state’s Alcohol Beverage Control Act, together with any conditions of the license that may be issued by ABC. In addition, the City of Lynwood Planning Commission approved findings, on September 14, 2021 by CUP No. 2019-01, that a grocery store with alcohol sales will not adversely impact the public health, safety, or welfare of the surrounding community. In addition, the approved CUP placed conditions of approval intended to mitigate public health and safety issues along with an ability to revisit and add additional conditions as needed to protect the public’s interests. Therefore, the granting of the permit will not be detrimental to public welfare and to other properties in the vicinity.
3. The use observes the spirit and intent of the Zoning Code.
The current zoning for the site is Commercial. Food markets and general merchandise stores is a permitted use in the subject Commercial zone. Off -site alcohol sales at this grocery store location was been conditionally approved by CUP No. 2019 -01. The store will be located in a new retail building in compliance all the development standards of the Commercial zone.
4. The proposed use is consistent with the General Plan.
The Project complies with the goals and objectives of the General Plan as it will assist in providing a product that serves to provide the full spectrum of commercial needs for a community in a commercial retail district/location. Furthermore, the approved CUP No. 2021-01 made the finding that subject use of a grocery store with alcohol sales is consistent with the General Plan.
5. That the site for the proposed use is of sufficient in size and shape to accommodate the use.
CUP No. 2019- 01 approved the construction and operation of a grocery store and determined that the site was sufficient. The site will be accessed from Long Beach Boulevard and will have sufficient parking for a grocery store. Alcohol sales at the subject grocery store will not change the character of the store as the additional alcohol sales will be an ancillary use to the main sales of groceries, fresh meats, produce and consumer goods.
As a result, the Planning Department agrees and substantiates that the addition of a Type 21 alcohol sales in conjunction with the subject new development will serve the public convenience and necessity for this service. Furthermore, the applicant herein secures and amends Resolution No. 3427 a finding in the positive from the Lynwood Planning 527
7 Division, thereby also recommending the approval by the Lynwood Planning Commission as described.
As stated above, Conditional Use Permit No. 2021-01 continues to remain consistent with the City of Lynwood’s General Plan.
Section 3. The Planning Commission of the City of Lynwood hereby approves the amended findings for Public Convenience and Necessity in relation with CUP No. 2019-01, subject to all conditions, restrictions and limitations previously set forth as follows:
CONDITIONS OF APPROVAL
COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION
1. The Project shall comply with all City of Lynwood Municipal Code, California Building Code, Los Angeles County Fire Code and applicable State of California and Federal regulations and shall comply with requirements of City of Lynwood Departments.
2. Prior to issuance of a Building Permit, the Applicant shall sign a Statement of Acceptance that states he/she has read, understands and agrees to all Conditions of this approval and that acceptance of these Conditions waives any challenge as to the validity of these Conditions.
3. Development of the Project shall substantially conform to the Project depicted on the approved Site Plan and Elevations on file stamped September 14, 2021 , unless otherwise amended by these Conditions of Approval. Any subsequent modification of the Project site or structures thereon shall first be reported to the Community Development Department, Planning Division for review.
4. Prior to scheduling a final inspection from the Building Division, the Applicant/Property Owner shall obtain final signatures from other Departments indicating compliance with all Conditions.
5. Approval of this Project shall be valid for one (1) year from the date of the approval and shall become null and void and of no effect whatsoever after that date.
6. The City has determined that City, its employees, agents and officials should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, expense, attorney fees, litigation expenses, court cost or any other cost arising out of or in any way related to the issuance of this Site Plan Review, or the activities conducted pursuant to this Site Plan Review.
Accordingly, to the fullest extent permitted by law, LYNWOOD SPRINGS, LLC (AKA- Northgate) and his representative{s), or his successors shall defend, indemnify and hold harmless the City, its employees, agents and officials, from 528
8 and against any liability, claims, suits, actions, arbitration proceedings, regulatory proceedings, losses, expenses or cost 6f any kind, whether actual, alleged or threatened, including, but not limited to, actual attorney fees, litigation expenses and court costs of any kind without restriction or limitation, incurred in relation to, as a consequence of arising out of or in any way attributable to, actually, allegedly or impliedly, in whole or in part, the issuance of the Site Plan Review, or the activi ties conducted pursuant to this Site Plan Review. LYNWOOD SPRINGS, LLC (AKA - Northgate) and his
representative(s), or his successors shall pay such obligations as they are incurred by City, its employees, agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in such amount as the City reasonably determines necessary to protect the City from exposure to fees, cost s or liability with respect to such claim or lawsuit.
7. Prior to commencement of construction activity, the Applicant shall submit for plan check and approval. Said plans shall be marked with the Project file number (CUP No. 2019 -01) and shall contain Conditions of Approval printed on the plans.
8. All appeals must be brought within ten (10) business days of the date of the final action by the Planning Commission. An appeal will be scheduled for public hearing before the Lynwood City Council. Persons filing an appeal must submit an application and pay a fee of $1,385.00.
9. Prior to issuance of a Building Permit, the Applicant shall provide graphic evidence of, or shall place a note on the Building Plans pertaining to, the following in a manner meeting the approval of the Planning and Building Manager:
• Roof material shall be non -reflective to include clay tile, concrete tile, synthetic tile, or ARC 80 Composition Asphalt;
• Driveway and parking areas shall be paved with concrete and maintained; • Air conditioner, heating, cooling ventilation equipment, swimming pool pumps and heaters and all other mechanical devices shall be located within the rear yard, screened from view of surrounding properties and streets, and so operated that they do not disturb the peace, quiet and comfort of neighboring residents;
• Dimensions and materials of all existing and proposed fencing/walls; • Neutral or earth ton structural exterior colors; and, • Structures shall be architecturally compatible in material and colors.
10. The Property Owner shall maintain a proactive approach to eliminate graffiti from structures, fences/walls, and accessory buildings on a daily basis and shall remove all graffiti within 24 hours of placement of graffiti.
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9 11. Prior to commencement of Project grading/construction, the Applicant shall submit evidence to Building and Safety Division that all contractors working on the Project site have a valid City of Lynwood business license.
12. Prior to issuance of a Building Permit, the Applicant shall remit the following Development Impact Fees, and any other required Fees to the City of Lynwood:
• Art in Public Places Fee;
• Impact Fee;
• Drainage Fee;
• Plan Check Fee; and,
• School Fee.
13. Prior to issuance of any permit by the Building Division, the applicant shall provide proof of approved plans by the Los Angeles County Fire Department (stamped plans) that correspond to the Building Division's plans.
14. The drive-through operations shall be conducted in a manner which does not create any unacceptable noise levels in violation of the Noise Ord inance or in violation of any other provisions of the Lynwood Municipal Code, state, or federal law. Any nuisances associated with the drive-through operations must be abated immediately upon notice by the City.
15. The applicant shall design all outdoor lighting system that includes parking lot lighting with full shields and cut off flat lenses that ensures that all light from any fixture will not direct light skyward and minimizes light pollution (note: flood lights are strictly prohibited).
16. The applicant shall submit a Final Photometric Plan which identifies the overall lighting levels onsite while maintaining a minimum of 1 -foot candle. The lighting plan shall be designed to minimize lighting levels after the business is closed while maintaining sufficient security lighting.
17. All proposed light standards must be decorative and consistent with the architectural design of the building.
18. Business hours for the drive-through cafe/restaurant shall be limited from Monday through Sunday from 4 a.m. to 11 p.m.
19. The applicant shall screen all roof- mounted equipment. Rooftop screening of mechanical equipment shall be provided through architectural design by way of building elevations.
20. The applicant shall submit and pay the code-required fee for review and approval of final landscaping and irrigation plans to the Planning Department prior to issuance 530
10 of a building permit. The irrigation plan shall incorporate an automatic shut-off timer.
21. Anything which is not shown on application/plans or which is not spec ifically approved, or which is not in compliance with this section, is not approved. Any application and/or plans which are defective as to, but not limited to, omissions, dimensions, scale, use, colors, materials, encroachments, easements, etc., shall render any entitlements granted by this section null and void. Construction (if any) must cease until all requirements of this section are brought into compliance.
Development entitlements may be withheld until Code violations are abated.
22. Vending machines, A TMs, Payphones, and/or similar machines/devices are prohibited outside the building, with the exception of vending machines being permitted in the vending area. Any signage identifying the availability of these services must be included in the applicant's sign packet for review and approval by the Planning Division.
23. No signage shall be allowed on any proposed roll -up doors and windows signage shall comply with the Lynwood Municipal Code.
24. The CUP approval shall be subject to the property establishing a use in accordance with the General Plan and “Appendix A” of the City of Lynwood Zoning Code within 12 months of the effective date of this action.
25. The CUP approval shall be subject to a required Site Plan approval within 12 months of the effective date of this action.
26. Loitering is prohibited on the premises.
27. No public telephone shall be permitted on the exterior or interior of the property.
28. There shall be no coin-operated machines or video game machines on the premises.
29. The property owner/operator and on-site manager(s) shall comply with all applicable laws and conditions and shall properly manag e the premises to discourage illegal, criminal, and/or nuisance activity on the subject premises and any accessory parking area which have been made available or are commonly utilized for patron parking.
30. The premises shall be kept free and clear of debris and litter.
31. Security cameras and a recording device shall be installed that cover all entrances, exits, and common area of the location.
32. The approved Conditions of Approval shall be retained on the premises at all times and produced immediately upon request by the Sherriff's Department or any policing 531
11 agency that has jurisdiction over the location, Code Enforcement, and/or Planning Division.
COMMUNITY DEVELOPMENT DEPARTMENT - BUILDING & SAFETY DIVISION
33. All construction shall meet or exceed the minimum building standards that are referenced in the following:
• The California Building Code - 2019 edition;
• The California Plumbing Code - 2019 edition;
• The California Mechanical Code - 2019 edition;
• The Los Angeles County Fire Code - 2019 edition;
• The National Electric Code - 2019 edition.
In cases 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.
34. Applicant/property owner must provide a copy of the permit card signed by all departments prior to scheduling a final inspection.
DEPARTMENT OF PUBLIC WORKS
35. The project shall be reviewed and approved by the City of Lynwood Public Works, Engineering Department. If you have any questions, you may contact Public Works staff at (310)603-0220 extension 800.
36. No final sign-off shall be given until all conditions of approval from the Public Works Department have been completed completely signed-off.
COUNTY OF LOS ANGELES FIRE DEPARTMENT
37. Submittals to the County of Los Angeles Fire Department Fire Prevention Land Development Unit shall be submitted through EPICLA
. The submittal should be done
by the applicant, creating an account and opening a case. They should add the city planner as a contact so you can log in and view the activity on the file.
If the applicant needs assistance with epicla.lacounty.gov they can contact the Land Development Unit Clerk, Tony Le at (323) 890-4243.
County of Los Angeles Fire Department
Fire Prevention Engineering Section
Building Plan Check Office
5823 Rickenbacker Road
Commerce, CA 90040
532
12 (323) 890-4125
SECTION 4. The proposed Project is subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Section 15301, Class 1 Existing Facilities Projects of the California Code of Regulations because the Project consists of the operation, maintena nce, permitting and licensing of an existing private structure; and the Project does not trigger the exceptions set forth under Section 15300.2 of the CEQA guidelines.
SECTION 5. If any section, subsection, clause or phrase of this Resolution is for any reason, held to be unconstitutional, or otherwise invalid, such decision shall not affect the validity of the remaining sections of this Resolution. The Planning Commission hereby finds that it would have passed this Resolution and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid.
SECTION 6. The Planning Commission, on the basis of the whole record before it, including the Categorical Exemption, and public comments received thereto, finds that there is no substantial evidence that the approval of the Project will have a significant effect on the environment. The Planning Commission further finds tha t the Categorical Exemption reflects the independent judgment and analysis of the Planning Commission for the Project.
SECTION 7. This Resolution is the result of an action taken by the Planning Commission on September 10, 2024, by the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
SECTION 8. The Secretary shall certify to the adoption of this Resolution and shall transmit copies of same to the applicant and the Lynwood City Clerk.
PASSED, APPROVED, AND ADOPTED this 10
th day of September 2024.
Lorraine Moore
Vice Chairperson
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13 APPROVED AS TO FORM APPROVED AS TO CONTENT
John Lam Gabriel Linares
Office of the City Attorney Director of Community Development
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1 ORDINANCE NO. 1783
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING
THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH
LYNWOOD SPRINGS, LLC FOR THE DEVELOPMENT OF THE
COMMERICAL PROPERTY LOCATED AT 11600 LONG BEACH
BOULEVARD
RECITALS
WHEREAS, the California Legislature adopted the “Development Agreement Statute,” Section 65864 et seq. of the Government Code to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development; and
WHEREAS, on July 5, 2022, the City of Lynwood (“City”) adopted Ordinance No. 1747 approving a development agreement by and between the City and Lynwood Springs, LLC (“Developer”) (“Development Agreement”) for the construction and development of a retail center (“Project”), including a food supermarket, located at 11600 Long Beach Boulevard (APNs: 6175-002-001 thru 6175-002-005, 6175-002-028, 6175- 009-005 thru 008, 6175-009-025, 6175-003-013 thru 015, 6175-003-017 and 6175-003- 018) (“Property”); and
WHEREAS, on September 14, 2021, the City Planning Commission, by Resolution No. 3427, approved an Initial Study and Mitigated Negative Declaration No. 2019-01 for the Project (the “MND”), and Addendum to the MND (Addendum MND 2019-01-REC1) to the underlying Mitigated Negative Declaration No. 2019-01 in compliance with the State California Environmental Quality Act (CEQA) Guidelines, California Code of Regulations, Title 14, Chapter 3, Section 15073.5(c)(4), which was subsequently adopted by the City Council on July 5, 2022; and
WHEREAS, Developer has requested certain modifications to the Development Agreement as further described in the First Amendment to Development Agreement (“First Amendment”) included herein as Attachment 1, which includes a revision to the development schedule, an updated description of the history and parameters of the Project, and updated references to agreements related to the Impact Fees associated with the Project; and
WHEREAS, the Property is located in an area that is underserved by major grocery chains and the City Council desires to take measures to ensure the City’s residents have convenient access to fresh produce and other healthy foods; and WHEREAS, the City Council desires to adopt such modifications to the Development Agreement included in the First Amendment.
568
2 WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council hereby finds and determines that all of the above Recitals are true and correct and incorporates such Recitals into this Ordinance.
Section 2. CEQA Findings. The City Council hereby finds and determines that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) (Public Resources Code Section 21000, et seq.) under the “common sense” exemption pursuant to Section 15061(b)(3) of the CEQA Guidelines, which applies when it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
Section 3. The City Council also hereby finds and determines that the First Amendment is consistent with the City’s General Plan, the Long Beach Boulevard Specific Plan, "Corridor Mixed Use I" of the Lynwood Transit Specific Plan, and the “Commercial” general plan designation. The Findings of Approval associated with Planning Commission Resolution Nos. 3427, 3428, and 3429 and Conditional Use Permit No. 2019-01, Conditional Use Permit No. 2020-01, and Tentative Parcel Map No. 2019- 01, respectively, adopted by the Planning Commission on September 14, 2021, and City Council Ordinance No. 1747 are hereby incorporated herein by this reference as part of the findings in support of the First Amendment.
Section 4. Based on the recitals, public testimony, staff report and other findings included herein, the City council finds that the adoption of this Ordinance is in the best interests of the City and is necessary for the preservation of the public welfare, health and safety of residents living within the City of Lynwood. As such the City Council hereby approves the First Amendment to the Development Agreement and authorizes the City Manager to execute the First Amendment and all ancillary documents and record same as reasonably necessary to effectuate the intent of this Ordinance.
Section 5. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
Section 6. Effective Date. The City Clerk shall certify to the passage of this Ordinance and shall cause this ordinance to be published and/or posted as required by law and said Ordinance shall become effective 30 days after its passage. 569
3 PASSED, APPROVED AND ADOPTED this 15th day of October 2024. ________________________________
Jose Luis Solache, Mayor
ATTEST:
_______________________________
Maria Quinonez, City Clerk
APPROVED AS TO FORM APPROVED AT TO CONTENT
_______________________________ ________________________________ Noel Tapia, City Attorney Julian Lee, Interim City Manager 570
4 STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Ordinance was duly adopted by the City Council of the City of Lynwood at a regular meeting held in the City Hall of said City on the 15th day of October, 2024, and passed by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Maria Quinonez, City Clerk
571