HomeMy Public PortalAboutOrd. 1640ORDINANCE NO. 1640
AN INTERIM ORDINANCE OF THE CITY OF LYNWOOD ENACTED PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 65858 ESTABLISHING A
TEMPORARY MORATORIUM ON THE APPROVAL OF APPLICATIONS AND
PERMITS TO CONSTRUCT, MODIFY, OR OPERATE SECOND HAND STORES,
PAWN SHOPS, BAIL BONDS, CHECK CASHING/ PAY -DAY LOAN AND GOLD
BUYING /SELLING ESTABLISHMENTS DURING THE PENDENCY OF THE CITY'S
REVIEW AND ADOPTION OF PERMANENT REGULATIONS FOR SUCH USES AND
DECLARING THE URGENCY THEREOF
WHEREAS, the City of Lynwood ( "City ") has received increased inquiries and
applications from entrepreneurs to establish and operate Second Hand Stores, Pawn
Shops, Bail Bonds, Check Cashing/ Pay -day Loan and Gold Buying /Selling
Establishments in the City; and
WHEREAS, the Lynwood Zoning Ordinance contains Chapter 25, Appendix A
relating to the construction, modification, and placement of such establishments, which
was enacted April 4, 2006 and has not been amended; and
WHEREAS, Lynwood Municipal Code Chapter 4 relating to special permits was
enacted in 1972, and has not been amended; and
WHEREAS, City staff is in the process of studying proposed amendments to the
Lynwood Municipal Code pertaining to regulations on second hand stores, pawn shops,
bail bonds, check cashing/ pay -day loan and gold buying /selling establishments, and
WHEREAS, the City Council determines, on an urgency basis, that a temporary
moratorium on the approval of applications to construct, modify, or operate second hand
stores, pawn shops, bail bonds, check cashing /pay -day loan and gold buying /selling
establishments within the City is necessary in order to protect the public health, safety
and welfare and to consider and adopt amended regulations regarding such
establishments that are consistent with recent developments in the vicinity; and
WHEREAS, Government Code Sections 36934, 36937 and 65858 expressly
authorize the City Council to adopt an urgency ordinance for the immediate preservation
of the public peace, health or safety and to prohibit a use that is in conflict with a
contemplated general plan, specific plan, regulation or zoning proposal that the
legislative body, planning commission or the planning department is considering or
studying or intends to study within a reasonable time.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. Findings
The City Council finds that:
A. The City adopted its current Zoning Ordinance and Appendix A- Uses by
Zoning Districts, regulating second hand stores, pawn shops, bail bonds, check
cashing /pay -day loan and gold buying /selling establishments on or about April 4, 2006.
The purpose of Appendix A of the Lynwood Municipal Code (LMC) is to identify
permitted, conditionally permitted, temporarily permitted and prohibited uses within the
City's various zoning districts. The regulations are designed to protect and promote
public health, safety, and welfare and the aesthetic quality of life of the community.
B. Due to quality of life issues such as safety and noise, many jurisdictions
have established specific location and operational requirements for the construction,
modification or operation of second hand stores, pawn shops, bail bonds, check
cashing /pay -day loan and gold buying /selling establishments. Currently, under the
Zoning Ordinance and Appendix A of the LMC, such uses are permitted by right in the
City of Lynwood without a public hearing or public participation.
C. The community within and surrounding the City desires to have an
improved business community but is also concerned about the safety, noise, visual,
lighting and other adverse impacts related to the construction, modification or operation
of second hand stores, pawn shops, bail bonds, check cashing /pay -day loan and gold
buying /selling establishments.
D. City staff is currently reviewing existing state and federal regulations as
well as surveying local jurisdictions in order to adopt amendments to the Zoning
Ordinance and Appendix A of the LMC.
E. Until such time the City concludes its review and adopts amendments
governing permit applications and other ordinances related to the construction,
modification or operation of second hand stores, pawn shops, bail bonds, check
cashing /pay -day loan and gold buying /selling establishments, the community is in
jeopardy that such establishments could be constructed, modified, or operated prior to
the imposition of new regulations necessary for the protection of public health, safety
and general welfare.
F. The City Council desires to consider and adopt amendments to Chapter
25 of the Zoning Ordinance and other ordinances related to the construction,
modification, or operation of second hand stores, pawn shops, bail bonds, check
cashing /pay -day loan and gold buying /selling establishments in order to provide clear,
concise, and uniform guidance consistent with State and Federal regulations and to
address community concerns stated above.
G. To allow time for the City to consider and amend its regulations regarding
the construction, modification, or operation of second hand stores, pawn shops, bail
bonds, check cashing /pay -day loan and gold buying /selling establishments, it is
necessary to temporarily suspend the approval of such establishments as such uses
may be in conflict with the development standards and implementing regulations that
the City ultimately imposes after the City considers and studies within a reasonable
time.
H. A moratorium will provide the City with time to draft and adopt regulations
that are consistent with the applicable State and Federal regulations regarding second
hand stores, pawn shops, bail bonds, check cashing /pay -day loan and gold
buying /selling establishments.
Section 2. Moratorium on New Approvals
From and after the date of this ordinance for a period of 45 days, no applications
for the construction, modification, or operation of second hand stores, pawn shops, bail
bonds, check cashing /pay -day loan and gold buying /selling establishments will be
approved.
Notwithstanding the foregoing, the City shall continue to accept and process
applications for the construction, modification, or operation of second hand stores, pawn
shops, bail bonds, check cashing /pay -day loan and gold buying /selling establishments,
subject to the proposed amendments to Chapter 25, during this moratorium and any
extension of the moratorium. The application shall be processed at the applicant's
expense with the understanding that no permit shall be issued until the expiration of the
moratorium or any extension thereof up to 180 days.
Applications for the construction, modification, or operation of second hand
stores, pawn shops, bail bonds, check cashing /pay -day loan and gold buying /selling
establishments that were deemed complete for purposes of the Permit Streamlining Act
(Gov. Code § 65920 et seq.) as of the date of the adoption of this ordinance are exempt
from compliance with this ordinance.
Section 3. Urgent Need
This interim ordinance is urgently needed for the immediate preservation of the
public health, safety, and general welfare, and it shall take effect immediately upon
adoption, and it shall be of no further force and effect 45 days following the date of its
adoption unless extended in accordance with the provisions set forth in Government
Code Section 65858.
Section 4. Authority
Government Code Section 65858 provides that an urgency measure in the form
of an initial interim ordinance may be adopted without prior public notice by a four -fifths
vote of the City Council, which shall be effective for only 45 days following its date of
adoption. Government Code Section 65858 further provides that such an urgency
measure may be extended following compliance with that section for a total of 180 days.
Section 5. Environmental Review
The City Council finds and determines the adoption of this ordinance is exempt
from the California Environmental Quality Act ( "CEQA ") under Section 15061(b)(3),
15307, 15308, and 15183 of the CEQA Guidelines.
Section 6. Penalties
The definitions and penalties for land use violations that are prescribed in the
Lynwood Zoning Code shall apply to violations of the provisions of this Interim
Ordinance.
Section 7. Severability
If any provision of this Interim Ordinance or the application thereof to any
persons or circumstances is held invalid, such invalidity shall not affect other provisions
or applications of this Interim Ordinance which can be given effect without the invalid
provision or application and to this end the provisions of this Interim Ordinance are
hereby declared to be severable.
Section 8. Certification
The City Clerk shall certify to the passage and adoption of this ordinance and
cause it to be posted, as required by law, and it shall thereafter be in full force and effect
immediately as an interim urgency ordinance in order to protect the public health,
safety, and welfare.
PASSED, APPROVED, AND ADOPTED this 3 d day of May, 2011.
Aide Castro, Mayor
ATTEST:
Maria Quinonez, City Clerk
APPROVED AS TO FORM:
Fred Galante, City Attorney
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 its regular meeting held on the 3rd day of May, 2011.
AYES: COUNCIL MEMBERS RODRIGUEZ, SANTILLAN, MORTON AND
CASTRO
NOES: NONE
ABSTAIN: NONE
ABSENT: COUNCIL MEMBER FLORES
Maria Quinonez, City Clerk
STATE OF CALIFORNIA )
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 Ordinance No. 1640 in my office and that said Ordinance was adopted
on the date and by the vote therein stated. Dated this 3rd day of May, 2011.
Maria Quinonez, City Clerk