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HomeMy Public PortalAboutA 2011-07-12 PLANNING COMMISSIONPLANNING DIVISION AGENDA LYNWOOD PLANNING COMMISSION CITY HALL COUNCIL CHAMBERS �' � +4 11330 BULLIS ROAD R LYNWOOD, CA 90262 I' 0 7 1:011 July 12, 2011 6:00 P.M. PLANNING COMMISSIONERS Kenneth West Alex Landeros Rita Patel Chair Commissioner Commissioner Law Office of Aleshire and Wynder Pam Lee, Assistant City Attorney Cit of ]LYNWOOD =Am LL0.MEPIUCIiY LA N9,-Electing Cha&oges I 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 603 -0220 x 259 PLANNING COMMISSION COUNSEL CITY OF ! "NWOOD CITY CLERKS OFFICE MaY `C" ©v CI 'l, ll� 10 1 G' v Bill Younger Commissioner PLANNING DIVISION STAFF Jonathan Colin Director Rita Manibusan Karen Figueredo Manager Planning Associate Octavio Silva Planning Associate i OPENING CEREMONIES 1. Call meeting to order. 2. Flag Salute. 3. Roll call of Commissioners. 4. Certification of Agenda Posting. 5. Minutes of Planning Commission Meeting: June 14, 2011 SWEARING IN SPEAKERS 6. The Lynwood Planning Commission shall swear in all persons wishing to testify on any item listed on the Planning Commission Agenda. Residents shall swear to tell the truth, the whole truth and nothing but the truth. PUBLIC ORALS 7. At this time, any member of the public may comment on any issue within the jurisdiction of the Planning Commission that is not on the Agenda. Members of the public may also comment at this time on any Agenda Item that is not scheduled for a public hearing. To preserve continuity, the Planning Commission Chair may, at his /her discretion, request members of the public wishing to comment on Agenda Items for which public hearings are not scheduled to hold their comments until just prior to the Commission's discussion of the Agenda Item in question. NEW BUSINESS NONE CONTINUED PUBLIC HEARINGS NONE CONTINUED REGULAR AGENDA NONE 2 NEW REGULAR AGENDA S. Zoning_ Ordinance Amendment No. 2011 -01 APPLICANT: City of Lynwood Development Services Department Proposal The City of Lynwood is proposing to amend Chapter 25 and Appendix A of the Lynwood Municipal Code (LMC) in order to establish regulations for sensitive land uses that include second hand stores, pawnshops, bail bonds, check - cashing/ pay -day loan and gold buying/ selling establishments. Recommendation Staff recommends that the Planning Commission approve Resolution No. 3283, approving ZOA No. 2011 -01 and recommending that the City Council approve the attached resolution. 9. Zone Change No. 2011 -02 & General Plan Amendment No. 2011 -01 APPLICANT: City of Lynwood Public Works Proposal The City of Lynwood is proposing to change the existing zoning and General Plan designation of Assessor's Parcel Number 6170 - 014 -901 from R -1 (Single Family Residential) to OS (Open Space) and Assessor's Parcel Numbers 6174 - 009 -901 and 6175 - 006 -900 from R -3 (Multi - family Residential) to OS as well as to establish zoning and General Plan designations for a property located on Thorson Avenue between Carlin Avenue and the first alley south of Carlin Avenue as Open Space (OS). The proposed zone changes are in conjunction with the City's proposal to develop (4) pocket parks. Recommendation Staff recommends that the Planning Commission approve Resolution No. 3285, recommending that the City Council approve ZC No. 2011 -02 and GPA No. 2011 -01. 10. Zone Change No. 2011 -01 APPLICANT: Carlin Avenue Village, LLC. 4307 Carlin Avenue APN: 6186 - 011 -095 to 6186 - 011 -117 Proposal Requesting approval of Zone Change No. 2011 -01 in order to change the existing zoning from R -2 zone to PRD (Planned Residential Development) to construct twenty -two (22) detached 3 residences, two- stories in height, with attached two -car garages. The property is already subdivided from one (1) parcel into twenty two (22) lots creating a Planned Residential Development with a common vehicle access easement and open space areas. The property is located on Carlin Avenue between Waldorf Drive and Atlantic Avenue in the R -2 (Townhouse, Cluster and Two - Family Residential) Zone. Recommendation Staff recommends that the Planning Commission continue Zone Change No. 2011 -01, pending Los Angeles County Fire Department clearance. DISCUSSION ITEMS COMMISSION ORALS STAFF ORALS ADJOURNMENT Adjourn to the regular meeting of the Lynwood Planning Commission on August 09, 2011 at 6:00 p.m. in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California, 90262. 4 ITEM #5 LYNWOOD PLANNING COMMISSION June 14, 2011 The Lynwood Planning Commission met in regular session in the City Hall Council Chambers, on the above date. Chair West called the meeting to order at 6:03 p.m. Commissioner Younger led the flag salute. Chair West requested the roll call. Planning Associate Silva called roll. Commissioners Landeros, Younger, Patel and Chair West answered the roll call. Also present were Development Services Manager Rita Manibusan, Public Works Manager Elias Saikaly and Commission Counsel Pam Lee. Planning Associate Silva indicated the Agenda had been duly posted. Item #5 Minutes, March 8, 2011 Chair West introduced Agenda Item #5, minutes of March 8, 2011, Planning Commission Meeting and asked if there were any questions or revisions. It was moved by Commissioner Patel, seconded by Commissioner Younger and carried to approve the minutes of March 8, 2011. Item #6: Swearing in of Speakers None Item #7: Public Orals NONE NEW BUSINESS Item #8, City-Wide Residential Design Guidelines Planning Associate Silva introduced the item pertaining to the new City-Wide Residential Design Guidelines. Planning Associate Silva stated the City of Lynwood's General Plan requires the preparation of City-Wide Guidelines. In 2003, the city adopted its current General Plan. Within the General Plan, the City 1 made it a priority to include a Community design element. A policy of the Community Design element is to develop design guidelines in order to facilitate the creation and identification of distinct neighborhoods throughout the City. To date, the design guidelines have not been completed. With the absence of the Design Review Board, the proposed City-Wide Residential Design Guidelines would help to guide residents, developers, and elected and appointed officials in making quality design decisions. Typically, Design Guidelines cover a wide range of design and planning themes and techniques, including mass and scale of buildings, color schemes and consistency in building materials. In order to assist City staff in the preparation of the proposed guidelines; staff has contracted with Hogle- Ireland, Inc. Hogle- Ireland has completed numerous design guideline documents and has won many prestigious planning awards for their work on Specific Plans and other related documents. Staff recommends that the Planning Commission receive and file this report. CONTINUED PUBLIC HEARINGS NONE CONTINUED REGULAR AGENDA NONE NEW REGULAR AGENDA 9. Inactive Conditional Use Permits APPLICANT: City of Lynwood Planning Associate Silva introduced the next item requesting that the Planning Commission conduct a public hearing on previously approved Conditional Use Permits (CUP) in order to terminate approvals due to land use inactivity. The City of Lynwood recognizes that certain uses, due to the nature of the use, intensity, or size, require special review to determine if the proposed use or location of that use is compatible with surrounding uses. Through the imposition of development and use conditions, the City can ensure that a conditionally permitted use is compatible with surrounding uses. Currently, the city requires that a CUP be obtained in order to operate a variety of uses including, but not limited to, truck storage, church uses and homeless shelters. 2 In researching expired or inactive CUP's, staff identified eight cases between the years of 2000 -2010 in which the uses currently being exercised on the properties are not the uses that were originally approved under the CUP's; in other words, the uses under the CUP's were discontinued or abandoned. The eight CUP's, which were identified by staff, were granted for land use purposes such as live dancing, teen counseling and child care services. Those uses have been discontinued or abandoned at their respective properties. At this time, staff recommends that the Planning Commission approve Resolution No. 3282, terminating conditional land use approvals. Commissioner Younger questioned current activity on these properties and whether current tenants had been notified. Planning Associate Silva advised the Commission that he had notified the property owners. Having no further discussion, it was moved by Commissioner Younger, seconded by Commissioner Patel to adopt: RESOLUTION NO. 3282 ENTITLED: "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD TERMINATING CONDITIONAL USE PERMIT NO. 2000 -15, APPROVED BY RESOLUTION NO. 2781; CONDITIONAL USE PERMIT NO. 2000 -23, APPROVED BY RESOLUTION NO. 2799; CONDITIONAL USE PERMIT NO. 2000 -34, APPROVED BY RESOLUTION NO. 2817; CONDITIONAL USE PERMIT NO. 2002 -20, APPROVED BY RESOLUTION NO. 2899; CONDITIONAL USE PERMIT NO. 2002 -29, APPROVED BY RESOLUTION NO. 2916; CONDITIONAL USE PERMIT NO 2003 -01, APPROVED BY RESOLUTION NO. 2921; CONDITIONAL USE PERMIT NO. 2007 -02, APPROVED BY RESOLUTION NO. 3165; CONDITIONAL USE PERMIT NO. 2007 -10, APPROVED BY RESOLUTION NO. 3182; DUE TO INACTIVITY AND A CHANGE IN CURCUMSTANCE AS DESCRIBED IN SECTION 25 -130 -8 OF THE LYNWOOD MUNICIPAL CODE ". ROLL CALL: AYES: COMMISSIONER LANDEROS, YOUNGER, PATEL, WEST NOES: NONE ABSENT: NONE COMMISSIONER ORALS Commissioner Younger commended staff on the Desigr stated that staff is doing wonderful work. 3 Chair West stated he is happy that the Design Guidelines are back before the Planning Commission and provided the new habitat project on Imperial Highway as an example of why we need guidelines in place. STAFF ORALS Public Works CIP Manager Saikaly discussed the elimination of the Design Review Board, volunteered staffs assistance when the Commission has questions, and discussed possible financial restrictions that can be put in place for the completion of off -site improvements that are included in the CUP Conditions of Approval. Pam Lee, City Attorney discussed different types of security measures that could possibly be put in place. Commissioner Landeros discussed property owners that are already struggling financially to complete improvements. Chair West discussed home sales, tenant improvements, pre -sale inspections and other tools that the city offers to assist homebuyers. Planning Associate Silva stated he is excited about the new design guidelines and working with the consultant on a proposal that will satisfy all. ADJOURNMENT Having no further discussion, it was moved by Commissioner Younger, seconded by Commissioner Landeros and carried to adjourn at 6:42 p.m. APPROVED AS TO CONTENT: Jonathan Colin, Director Development Services Kenneth West, Chair Lynwood Planning Commission APPROVED AS TO FORM: Pam Lee, City Attorney Planning Commission Counsel rd ITEM #8 City C[ ]YNWOOD g: �A ca „ue" cbee6wye9 ' 11330 BULLIS ROAD ' f LYNWOOD. CALIFORNIA 90262 (310) 6030220 DATE: July 12, 2011 TO: Honorable Chair and Members of the Planning Commission FROM: Jonathan Colin, Director of Development Services Octavio Silva, Planning Associate SUBIECT: Zoning Ordinance Amendment No. 2011 -01: Regulation of Sensitive Land Uses Including Second Hand/Thrift Stores, Pawn Shop /Gold Buying & Selling Establishments, Bail Bond Establishments, Check- Cashing /Pay -Day Loan Establishments APPLICANT: Development Services Department City of Lynwood PROPOSAL The City of Lynwood is proposing to amend Chapter 25 and Appendix A of the Lynwood Municipal Code (LMC) in order to establish regulations for sensitive land uses that include second hand stores, pawnshops, bail bond establishments, check - cashing /pay -day loan establishments and gold buying & selling establishments. BACKGROUND The City of Lynwood has received an increased number of applications for the construction, modification, or operation of second hand /thrift stores, pawnshops, bail bond establishments, check - cashing /pay -day loan establishments and gold buying & selling establishments. While most cities in the area require such uses to obtain a Conditional Use Permit (CUP), the City of Lynwood currently does not have any zoning restrictions for such sensitive land uses. The City identifies such land uses as sensitive because of security and business operation practices that may negatively impact neighboring properties. 1 On May 3, 2011, the City Council adopted a temporary forty-five (45) day moratorium in order to prohibit the approval of applications to establish, modify and operate second hand stores, pawn shops, bail bond establishments, check cashing /pay -day loan establishments and gold buying & selling establishments (see Exhibit No. 1). The moratorium was established in order to allow staff a period of time to research, analyze and possibly prepare regulations for the identified sensitive land uses. On June 21, 2011, the City Council adopted an ordinance extending the moratorium for an additional four months to allow staff sufficient time to analyze and research the identified uses (see Exhibit No. 2). ANALYSIS & DISCUSSION Staff's research and analysis regarding the identified land uses found the following information: Second Hand/Thrift Stores The Economic Element of the City's General Plan, which was prepared in 2003, indicates that 18% of businesses in the City are devoted to the retail industry. The sales taxes collected by retail establishments are one of the City s largest revenue sources. However, the City of Lynwood has one of the lower sales per capita figures in the area. Several trends are jeopardizing Lynwood's ability to compete for retail dollars within the area. For example, the City has lost major retailers over the years due to the declining attractiveness of Lynwood's retail sector, which includes a concentration of second hand and discount stores. A second hand /thrift store is described as any premises used for the sale or handling of used goods, which includes an establishment for the sale or trade of used clothing, furniture and appliances. While second hand /thrift stores provide the community with previously owned merchandise at a discounted price, the proliferation of such establishments in the City continues the degradation of the City's economic core as indicated in the General Plan. Section 4.10.6 of the Economic Element indicates that a continued comprehensive retail strategy needs to continue to increase attractiveness of Lynwood as a retail center. The strategy includes pursing specialty retail and service uses, as well as full service restaurants and food markets. Currently, second hand /thrift stores are permitted in every commercial zone within the City without a CUP. The City's Long Beach Boulevard Specific Plan prohibits the establishment of such businesses within (3) of the plan areas. A survey of surrounding jurisdictions indicates that cities such as Redondo Beach and Inglewood require a CUP in order to operate a second hand /thrift store (see Exhibit 2 No. 3). The City of Gardena requires a 5,000 foot distance from one second hand store to another. The proposed Zoning Ordinance Amendment would require an applicant in the City of Lynwood to obtain a CUP in order to establish a second hand /thrift store. In addition, the Zoning Ordinance Amendment would restrict such businesses to the Light Commercial (C -2) zone only, as well as require a 500 foot distance from one second hand/ thrift store to another. Second hand/ thrift stores are consistent with the C -2 zone because it provides for a limited range of smaller scale business activities, which serve the needs of residents who live nearby. Pawn Shops /Gold Buffo & Selling_ Establishments A pawn shop is described as an establishment wherein a person or entity lends money in exchange for personal property pledged to such person or entity, or deposited with such person or entity as security until redeemed or, if unredeemed, sold. A gold buying & selling establishment is an establishment that purchases personal gold property from an individual for the purposes of reprocessing and re -sale. The City has experienced an increase in businesses catering to the buying, selling and trading of gold. The City Council has recently approved (2) special permits for the establishment of pawn shops /gold buying & selling establishments. There are a total of (3) such establishments in the City (see Exhibit No. 4). Also, the City has experienced an increase in unlicensed individuals soliciting the sale of gold from door to door throughout residential neighborhoods in the City, which is a violation of Section 13 -7 of the LMC, soliciting without a permit from the City. During a City Council meeting on March 15, 2011, the Sherriff's Department indicated that the City was experiencing a surge in burglaries and robberies attributed to the theft of gold. Unlike pawn shops, gold buying & selling establishments do not require an individual to provide a form of identification when selling gold or to place the typical (30) day hold on the pawned item. Such practices have resulted in gold buying & selling establishments serving as an outlet for stolen gold property. While gold buying & selling establishments are not identified in Appendix A of the LMC as a permitted or conditionally permitted use, pawn shops on the other hand are permitted in the C -2, C -3 and manufacturing (M) zones without a CUP. The Long Beach Boulevard Specific Plan does not allow such businesses within (3) of the plan's areas. As proposed, the Zoning Ordinance Amendment would restrict pawn shops and gold buying & selling establishments to the C -2 and C -3 zones. Additionally, a CUP would be required in order to allow staff and the Sherriff's Department an opportunity to review and condition a proposed business in order to minimize c any negative impacts to neighboring uses. Through the CUP process, members of the public would be able to express their concerns regarding proposals to establish a new pawn shop or gold buying & selling establishment within their community. Bail Bond Establishments The City of Lynwood is home to the Los Angeles County Sheriffs Century Station. The Century Sheriff's Station provides law enforcement services to nearly 200,000 residents living within thirteen (13) square miles of southern Los Angeles County. Currently, the City of Lynwood has three (3) bail bond establishments that service the Century Station area (see Exhibit No. 5). A bail bond establishment is any business that collects a fee or acts as a surety by pledging money or property as a guarantee for obtaining the release of a criminal defendant and for the appearance of that defendant in court. California Insurance Code Section 1800.6 authorizes cities to regulate bail bond establishments, so long as the regulations do not conflict with state law. The survey conducted by staff of surrounding cities found that jurisdictions such as Inglewood, Santa Ana and Riverside have established zoning regulations for bail bond uses which include obtaining a CUP and maintaining distance requirements from residential structures. Public safety concerns related to bail bond establishments include ensuring employee and facility security for establishments that operate 24 hours a day. The City of Lynwood currently does not have any established regulations for bail bond establishments. Appendix A of the LMC does not identify bail bond establishments as a permitted or conditionally permitted use nor does it contain a definition for the business type. Additionally, the City's Long Beach Boulevard Specific Plan does not identify or address bail bond uses. Despite any potential negative impacts to neighboring properties or uses, bail bond establishments within the City currently operate within any commercial zone and adjacent to residential uses. As proposed, the proposed Zoning Ordinance Amendment would restrict bail bond establishments to the Controlled Business (CB -1) zone. Bail bond establishments are consistent with the CB -1 zone because the zone provides locations where daytime, service- oriented businesses may locate in order to allow the efficient interaction of complementary service industries. An applicant seeking to establish a bail bond establishment would be required to obtain a CUP from the City's Planning Commission. In addition, a bail bond establishment will be required to maintain a 500 foot distance from a park, school and residential structure. Through the CUP process, the City can establish a list of Conditions of Approval to ensure that the proposed business would not negatively impact neighboring properties. M Check Cashing /Payday Loan Establishments The Center for Responsible Lending indicates that with highly - visible signs and convenient neighborhood locations, payday loan establishments beckon borrowers with promises of quick cash and no credit checks. However, far less noticeable are the loan terms that include high -cost fees and triple -digit interest rates. Instead of a small amount owed for a couple of weeks, borrowers become trapped in thousands of dollars of debt from fees and interest that can last a year or even longer. Most payday borrowers have nine repeat loans per year and 400 percent interest. Although there are 5 viable banking institutions in the City of Lynwood, it is also home to 14 check cashing /payday loan establishments (see Exhibit No. 6). While check cashing /payday loan establishments provide a needed service to the community, predatory lending practices of check cashing /payday loan establishments create a costly cycle of debt for residents and the business community (see Exhibit No. 7). In addition, due to their direct access to money, check cashing /payday loan establishments are often targets for criminal activity such as robberies and forced entries. Despite the public safety concerns associated with check cashing /payday loan establishments, the Lynwood Municipal Code does not contain any regulation involving such uses. The survey conducted by staff indicates that 8 cities limit check cashing /payday loan establishments to designated zones, have specific distance requirements, and in most instances, require a CUP in order to operate. As proposed, the Zoning Ordinance Amendment would restrict check cashing /payday loan establishments to the Medium Commercial (C -2A) zone and require an applicant to obtain a CUP from the Planning Commission. Through the CUP process, the City would have the ability to require a proposed business operator to comply with stringent safety guidelines. In addition, proposed regulations would require a check cashing/ payday loan establishments to maintain a 500 foot distance from a park, school and residential structure. Check cashing /payday loan establishments are consistent with the C -2A zone because the zone provides for retail and service uses that serve community-wide needs. Legal Non - Conforming Uses If the proposed Zoning Ordinance Amendment is approved, existing bail bond establishments, check cashing /payday loan establishments, second hand /thrift stores and pawnshops/ gold buying & selling establishments in the City would be considered legal non - conforming uses. As described in Section 25 -165 -2 (B) of the LMC, after (180) days of inactivity or discontinuance on the part of a legal non- conforming use; the use loses its non - conforming status. All subsequent uses shall be used in conformity with the provisions of the zoning code. Inactivity or discontinuance of a legal non - conforming use would include the termination of a business license for a period of time, which exceeds (180) days. E After staffs research and analysis regarding the sensitive land uses, it is evident that the City needs to update its requirements and regulations. The survey of local jurisdictions indicated that cities have identified the need to place special zoning requirements on such uses. Additionally, the Sherrifr's Department has expressed public safety concerns regarding such uses, which reinforces the need to obtain a CUP and establish Conditions of Approval. While the City acknowledges that every business in the City contributes to its economic engine, the proposed amendments are aimed at also protecting the quality of life for residents and the business community. ENVIRONMENTAL ASSESSMENT The Development Services Department has determined that proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline Section 15061(b)(3) in that there is no possibility that the project will have a significant effect on the environment. Additionally, the project is categorically exempt, pursuant to CEQA Guideline Section 15301 (existing use with no expansion). RECOMMENDATION Staff recommends that the Planning Commission approve Resolution No. 3283, approving ZOA No. 2011 -01 and recommending that the City Council approve the attached resolution. Coordinated With: Los Angeles County SherrifPs Department City Attorney's Office Business License Division Attachments: Exhibit No. 1 (Ordinance No. 1640) Exhibit No. 2 (Moratorium Extension) Exhibit No. 3 (Regulated Uses Survey) Exhibit No. 4 (Existing Pawn Shops/ Gold Selling & Buying Es Exhibit No. 5 (Existing Bail Bond Locations) Exhibit No. 6 (Existing Check Cashing/ Pay -Day Loan Establis Exhibit No. 7 (Payday Lending Article) Resolution No. 3283 M ORDINANCE 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. Authori 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 S. 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 day of May, 2011. Aide Castro, Mayor ATTEST: r� 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 3'" day of May, 2011. AYES COUNCIL MEMBERS RODRIGUEZ, SANTILLAN, MORTON AND CASTRO NOES: NONE ABSTAIN: NONE ABSENT. COUNCIL MEMBER FLORES 1 141 OWA 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 3` day of May, 2011. Maria Quinonez, City Clerk ORDINANCE NO. 1642 AN ORDINANCE OF THE CITY OF LYNWOOD EXTENDING BY FOUR MONTHS A 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 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, on May 3, 2011 the City Council adopted Urgency Ordinance No. 1640, establishing a temporary (45) 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, the Urgency Ordinance No 1640 expired on June 17, 2011, and WHEREAS, City staff is continuing to study 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, Government Code Sections 36934, 36937 and 65858 expressly authorize the City Council to adopt as well as to extend 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: Exhibit No. 2 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 Aoorovals From and after the date of this ordinance for a period of 4 months, 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 Urgency Ordinance No. 1640, as extended herein, are exempt from compliance with this ordinance. Section 3. Urgent Need The extension of the 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 120 days following the date of its adoption unless extended in accordance with the provisions set forth in Government Code Section 65858 Section 4. Authori After notice pursuant to Section 65090 and public hearing, the legislative body may extend the interim ordinance up to 10 months and 15 days and subsequently extend the interim ordinance for 1 year Any extension shall require a fourth -fifths vote for adoption 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 B. 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 21 day of June, 2011. Aide Castro, Mayor ATTEST: Maria Quinonez, ity Clerk APPROVED AS TO FORM: W-Xk Fred Ga ante, 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 21' day of June, 2011 AYES COUNCIL MEMBERS FLORES, RODRIGUEZ, SANTILLAN, MORTON AND CASTRO NOES: NONE ABSTAIN: NONE ABSENT NONE r Maria Quinonez, City Clerk STATE OF CALIFORNIA ) 1§ 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 1642 in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 21 day of June, 2011. Maria Quinonez, City Clerk City Use Z o n d C P D i s t a n e S a I s a r k i n Notes: Downey Pawn Shop X Limited to a zone. Second hand X Limited to a zone. Bail Bonds Not specifically addressed through zoning. Check cashing X Limited to a zone. Gardena Pawn Shop X X Distance of 5,000 ft. of similar uses. Second hand X Distance of 5,000 ft. of similar uses. Bail Bonds Not specifically addressed through zoning. Check cashing X Distance of 5,000 ft of similar uses. Inglewood Pawn Shop X X Sales not to exceed 20% of gross receipts. Second hand X X Sales not to exceed 20% of gross receipts. Bail Bonds X Parking 1 space per 150 sqft. Check cashing X Parkin 1 space per 150 s ft. Paramount Pawn Shop Not specifically addressed through zoning. Second hand Not specifically addressed through zoning. Bail Bonds Not specifically addressed through zoning. Check cashing X Limited to a zone. Redondo Beach Pawn Shop X Conditional use only. Second hand X Conditional use only. Bail Bonds Not specifically addressed through zoning. Check cashing X Conditional use only, South Gate Pawn Shop X X Sales not to exceed 20% of gross receipts. Second hand X X Sales not to exceed 20% of gross receipts. Bail Bonds I I Not specifically addressed through zoning. Check cashing X X I I Limited to a zone. Santa Ana Pawn Shop XI I Hours are limited. Second hand JXJ I Hours are limited. Bail Bonds X X X Located within 2,000 ft. of a jail facility, and 150 ft. of a residential zone. Check cashing X X I Limited to a zone. Riverside Pawn Shop X Limited to a zone. Second hand Not specifically addressed through zoning. Bail Bonds X Shall not be located within 600 feet of a school, public park nor within 100 feet of a residential zone. Also, must be a minimum distance of 1,000 feet from any existing parolee /probationer home, homeless or transitional shelter, or liquor store. Check cashing X Exhibit Existing Pawn Shops/ Gold Selling & Buying Establishments in the City of Lynwood Business Type /Name Address Zone Pawn Shops/ Gold Uses Tweedy Jewelry & Loan 3228 Tweedy Blvd. Lynwood, CA 90262 C -3 Amor Pawnshop 10525 Long Beach Blvd. Lynwood, CA 90262 LBBSP Gold Exchange 3101 Imperial Hwy. Lynwood, CA 90262 C -3 Exhibit No. 4 Existing Check Cashing /Pay -Day Lender Establishments In the City of Lynwood Business type /name Address Zone Check Cashing Ponce's Check Cashing 12301 Atlantic Ave. Lynwood, CA 90262 CB -1 Ace Cash Express, Inc. 10721 Atlantic Ave. Unit # C, Lynwood, CA 90262 C -3 Dolex Dollar Express 9990 Long Beach Blvd. Lynwood, CA 90262 LBBSP PLS Check Cashers 11301 Long Beach Blvd. Lynwood, CA 90262 LBBSP Ernie's Money Transfer 11626 Atlantic Ave. Lynwood CA 90262 C -3 Goyo's Check Cashing 3598 Imperial Hwy. Lynwood CA 90262 C -2 Ace Cash Express 11098 Atlantic Ave. Lynwood CA 90262 C -3 Ace Cash Express #4212 3797 MILK Jr, Blvd Lynwood CA 90262 CB -1 Check Into Cash, CA 10900 Long Beach Blvd. Lynwood, CA 90262 LBBSP Quick Cash 3448 MILK Jr, Blvd. Lynwood, CA 90262 C -2 Payday Express 11130 Long Beach Blvd. Lynwood, CA 90262 LBBSP Value Plus/ Check Cashing 10721 Atlantic Ave. Lynwood, CA 90262 C -3 Dolex Dollar Express, Inc. 10721 Atlantic Ave. Lynwood, CA 90262 C -3 Dolex Dollar Express, Inc. 3100 Imperial Hwy. Unit # 1004, Lynwood, CA 90262 LBBSP Willy Gra Check Cashing 10400 Long Beach Blvd. Lynwood Ca 90262 LBBSP Nix Check Cashing 11226 Long Beach Blvd, Lynwood Ca 90262 LBBSP Exhibit No. 6 Payday Lending: How the Debt Trap Catches Borrowers -fim C10PONSIBLE LENDING Home > Payday > T ools 8 Re sources PAYDAY LENDING: HOW THE DEBT TRAP CATCHES BORROWERS Payday Lending How the Debt Trap Catches Borrowers Before making a loan, leglhmate lenders assess the ability of potential borrowers to repay it Payday lenders do not In fact, their business is built on making loans borrowers cannot afford to pay off, so that they will keep coming back and paying repeated fees on the same small amount of money borrowed. FRL_s 2009 study of the payday lending industry shows that three quarters of payday lending volume is generated by churned loans The very short-term due date frequently forces borrowers to take out their next loan before payday To obtain a loan, a borrower gives a payday lender a postdated personal check or an authorization for automatic withdrawal from the borrower's bank account In return, he receives cash, minus the lenders fees For example, with a $350 payday loan, a borrower pays an average fee of about $60 In fees and so gets about $290 in cash Page 1 of 1 � r The lender holds the check or electronic debit authorization for a week or two (usually until the borrowers next payday). At that time the loan is due in full, but most borrowers cannot afford to pay the loan back and still make it to the next payday But I the check is not covered, the borrower accumulates bounced check fees from the bank and the lender, who can pass the check through the borrowers account repeatedly Payday lenders have used aggressive collection practices, sometimes threatening criminal charges for wnhng a bad check even when state taw prohibits making such a threat Under these pressures, most payday borrowers get caught in the debt trap To avoid default, May pay another $60 to keep the same loan outstanding, or they pay the full $350 back, but immediately take out another payday loan, with another $60 fee In either case, the burrower is paying $60 every two weeks to Float a $290 advance —while never paying down the original amount of the principal. The borrower is stuck in a debt trap — paying new fees every two weeks just to keep an existing loan (or multiple loans) outstanding 0 2010 Center for Responsible Lending gdconvia Exhibit No. 7 http :fl/w-ww.responsiblelending.org' payday - lending 'tools- resources,'debttrap.htinl 5'9/2011 RESOLUTION NO. 3282 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD RECOMMENDING APPROVAL OF AMENDING CHAPTER 25 OF THE LYNWOOD MUNICIPAL CODE IN ORDER TO ESTABLISH ZONING REGULATIONS FOR SENSITIVE LAND USES, INCLUDING SECOND HAND/THIRFT ESTABLISHMENTS, PAWN SHOPS /GOLD BUYING & SELLING ESTABLISHMENTS, BAIL BOND ESTABLISHMENTS AND CHECK CASHING /PAYDAY LOAN ESTABLISHMENTS WHEREAS, the City of Lynwood ( "City ") has received increased inquiries and applications from entrepreneurs to establish and operate second hand establishments, pawn shops, bail bond establishments, check - cashing /payday loan establishments, 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, while second hand /thrift stores provide the community with previously owned merchandise at a discounted price, the proliferation of such establishments in the City continues the degradation of the City's economic core as indicated in the City's General Plan; and WHEREAS, the City has experienced an increase in unlicensed individuals soliciting the sale of gold from door to door throughout residential neighborhoods in the City, which is a violation of Section 13 -7 of the LMC, a surge in burglaries and robberies attributed to the theft of gold in recent times, an increase in gold buying & selling establishments serving as an outlet for stolen gold property due to the fact that gold buying & selling establishments do not require an individual to provide a form of identification when selling gold or to place the typical (30) day hold on the pawned item; and WHEREAS, due to the close proximity of bail bond establishments to jail facilities and their required hours of operation (oftentimes 24 hours per day), there are public safety concerns related to sighting, security, and safety of bail bond establishment patrons; and WHEREAS, unregulated check - cashing /payday loan establishments adversely affect the viability of traditional banking institutions, promote predatory lending practices for patrons, leading to costly cycles of debt for residents and the business community, and are often targets for criminal activity; and 1 WHEREAS, on May 3, 2011 the City Council adopted Urgency Ordinance No. 1640, establishing a temporary forty -five (45) day moratorium on the approval of applications to construct, modify, or operate second hand establishments, pawn shops, bail bond establishments, check - cashing /payday loan establishments, and gold buying & selling establishments within the City 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, Urgency Ordinance No. 1640 expired on June 17, 2011 and was extended by the City Council on June 21, 2011, and WHEREAS, the City finds it necessary to regulate the identified sensitive land uses, which includes second hand /thrift stores, pawn shops, bail bond establishments, check cashing /payday loan establishments and gold buying & selling establishments in order to protect the public safety and welfare as well as to minimize adverse impacts of such uses on the community. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LYNWOOD, CALIFORNIA, FINDS AND DETERMINES AS FOLLOWS: Section 1 . The Planning Commission finds that the above recitals are true and correct and are incorporated herein by this reference. Section 2 . The Planning Commission recommends that the City Council approve the amendment of Section 25 -200 -1 of Chapter 25 Article 200 entitled "Definitions" of the Lynwood Zoning Code to include the definitions of "Pawn Shop," "Gold Buying & Selling Establishments," "Bail Bond Establishment," "Check Cashing," "Pay -Day Loan Establishments" to read as follows: "25- 200 -1: General: BAIL BOND ESTABLISHMENT: Any business or establishment that collects a fee or acts as a surety by pledging money or property as a guarantee for obtaining the release of a criminal defendant and for the appearance of that defendant in court. CHECK CASHING ESTABLISHMENT: Any business or establishment that, for compensation, engages, in whole or in part, in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose, as provided in Civil Code Section 1789.31. A check cashing establishment does not include a state or federally chartered bank, savings association, credit union, or industrial loan company, or a retail seller engaged primarily in the business of selling consumer goods to retail buyers that cashes checks or issues money orders for a fee not exceeding two dollars ($2), as a service to its customers that is incidental to its main purpose. GOLD BUYING & SELLING ESTABLISHMENT: Any business or establishment whose primary business is to purchase precious metals (e.g., gold, platinum, silver) and resell said precious metals for a profit. PAWN SHOP: Any business or establishment wherein a person or entity lends money in exchange for personal property pledged to such person or entity, or deposited with such person or entity as security until redeemed or, if unredeemed within a certain period of time, sold. PAYDAY LOAN ESTABLISHMENT: Any business or establishment that offers, originates, or makes a deferral of a customer's personal check until a specific date, pursuant to a written agreement for a fee or other charge, who arranges for the same, who acts as an agent for the same, or who assists in the same. A payday loan establishment does not include a state or federally chartered bank, savings association, credit union, or industrial loan company, or a retail seller engaged primarily in the business of selling consumer goods to retail buyers that cashes checks or issues money orders for a fee not exceeding two dollars ($2), as a service to its customers that is incidental to its main purpose. Section 3 . The Planning Commission recommends that the City Council approve the amendment of the matrix in Chapter 25 Appendix A entitled "Uses By Zoning District' of the Lynwood Zoning Code is hereby amended to include the land use designations of "Second Hand/ Thrift Stores," "Pawn Shops/ Gold Buying & Selling Establishments," "Bail Bond Establishments," "Check Cashing/ Pay -Day Loan Establishments' to read as follows: 3 "Land Use R R R PR P C C C PC C M HM P O SP CCO - D D B- D F S A A 1 2 3 1 2 2 3 1 A Bail Bond C Establishm ent Check C Cashing/ Pay -Day Establishm ent Pawn C C Shop/ Gold Buying & Selling Establishm ent Second C Hand/ Thrift Stores * A Bail Bond establishment must maintain a 500 foot distance from a school, park and residential area. * Second Hand/ Thrift stores must maintain a 500 foot distance from one second hand/ thrift store to the next. * A Check Cashing/ Payday Loan establishment must maintain a 500 foot distance from a school, park, and residential area. Section 4 . 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 5 . This Resolution is exempt from review under the California Environmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility that such adoption may have a significant effect on the environment and because such adoption will not cause any direct or reasonably foreseeable indirect physical change to the environment. (Title 14 California Code of Regulations Sections 15060(c)(2), 15601(b)(3), and 15262.) APPROVED AND ADOPTED this 12"' day of July, 2011, by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO CONTENT: Jonathan Colin, Director Development Services Department Kenneth West, Chair Lynwood Planning Commission APPROVED AS TO FORM: Pam Lee, City Attorney City of Lynwood E ITEM #9 City q' �YNWOOD Ca c,&D 11330 BULLIS ROAD LYNWOOD. CALIFORNIA 90262 (310) 6030220 DATE: July 12, 2011 TO: Honorable Chair and Members of the Planning Commission FROM: Jonthan Colin, Director of Development Services Octavio Silva, Planning Associate Elias Saikaly, P.E., Public Works Engineering Manager SUBJECT: Zone Change No. 2011 -02 & General Plan Amendment No. 2011 -01: Pocket Parks APPLICANT: City of Lynwood Public Works Department PROPOSAL (' moo The City of Lynwood is proposing to change the existing zoning and General Plan designation of Assessor's Parcel Number 6170 - 014 -901 from R -1 (Single Family Residential) to OS (Open Space), and Assessor's Parcel Numbers 6174 - 009 -901 and 6175 - 006 -900 from R -3 (Multi - family Residential) to OS, as well as to establish zoning and General Plan designations for a property located on Thorson Avenue between Carlin Avenue and the first alley south of Carlin Avenue as Open Space (OS). The proposed zone changes are in conjunction with the City's proposal to develop four pocket parks. BACKGROUND The City of Lynwood received a grant from the Rivers and Mountains Conservancy (RMC) and a grant from Congresswoman Linda Sanchez in order to develop four pocket parks throughout the City. As part of the RMC grant's requirements, the parks are required to provide passive recreational opportunities to the community. 1 ANALYSIS & DISCUSSION In an area of approximately 4.9 square miles, the City of Lynwood is a highly urbanized area. Like many densely populated communities, the City lacks a sufficient amount of open space but is aggressively and innovatively seeking opportunities in which to provide recreational opportunities for the community. The four proposed pocket parks will be developed on various properties throughout the City. The table below summarizes the location of the proposed sites along with lot sizes as well as zoning and General Plan designations: Park Intersection APN Lot Size Existing Proposed Location Zoning/ Zoning/ GP GP 2716 108 Santa Fe 6170 -014- 4,200 sq. Zoning: R -1 Zoning: OS Street Avenue/ 901 ft. GP: SFR GP: OS 108"' Street 3655 Fir Street / 6175 -006- 15, 540 sq. Zoning: R -3 Zoning: OS Lynwood Lynwood 900 ft. GP: R -3 GP: OS Road Road /PRD 4015 Gertrude 6174 -009- 15,500 sq. Zoning: R -3 Zoning: OS Louise Drive/ Louise 901 ft. GP: R -3 GP: OS Street Street /PRD 4142 Carlin Carlin NA 7,500 sq. ft No Zoning Zoning: OS Avenue Avenue/ or General GP: OS Thorson Plan Avenue designation To minimize maintenance as well as to comply with water conservation and storm water requirements, the parks are designed with drought tolerant landscaping and include decomposed granite pathways. The pocket parks will have play ground equipment, tables and chairs, bike racks, benches, and trash receptacles. The proposed pocket parks are scheduled for construction on October 2011 with an anticipated completion date of January 2012. REQUIRED FINDINGS Per Lynwood Municipal Code Section 25- 110 -3, the following findings must be made for the approval of a general plan amendment. A. The proposed amendment is the public interest and that there will be a community benefit resulting from the amendment. This finding is supported by the following facts: 2 The proposed Zone Change and General Plan Amendment will be a benefit to the community because the proposal would develop 4 pocket parks in the City. In an area of approximately 4.9 square miles, the City of Lynwood is a highly urbanized area and an insufficient amount of open space. The parks will provide recreational opportunities as well as public amenities to area residents and businesses, which may result in an increase in physical activity and healthier lifestyle practices. B. That the proposed amendment is consistent with the goals, policies, and objectives of the general plan. This finding is supported by the following facts: The proposed Zone Change and General Plan Amendment are consistent with the City's General Plan in that the proposal for the pocket parks will provide additional acres of parkland (Parks and Recreation Policy PR -1.1) as well as promotes the development of park facilities that allow for both active," passive, and commercial recreation (Parks and Recreation Policy PR -1.4). C. That the proposed amendment will not conflict with provisions of this zoning code, subdivision regulations, or any applicable specific plan. This finding is supported by the following facts: The proposed Zone Change and General Plan Amendment will not conflict with the provisions of the zoning code or any applicable specific plan as the proposal for the pocket parks is consistent with Sec. 25 -40 -1 (Intent and Purpose) of the LMC. D. In the event that the proposed amendment is a change to the land use policy map, that the amendment will not adversely affect surrounding properties. This finding is supported by the following facts: The proposed amendments will not adversely affect surround properties as the proposed pocket parks are passive in nature and are harmonious with adjacent residential uses. The 4 pocket parks have been designed to minimize impacts to surrounding properties by incorporating perimeter fencing, park lighting as well as trash receptacles. ENVIRONMENTAL ASSESSMENT Pursuant to the California Environmental Quality Act (CEQA), the Public Works Department prepared a Negative Declaration for the Pocket Parks Project, which 3 demonstrated that the project would not have a significant impact on the environment. On October 19, 2010 the City adopted Resolution No. 2010.214 approving and adopting such document (see Exhibit No. 5). Staff recommends that the Planning Commission approve Resolution No. 3285, recommending that the City Council approve ZC No. 2011 -02 and GPA No. 2011- 01. Coordinated With: Public Works Department City Attorney's Office Attachments: Exhibit No. 1 (Pocket Park: Santa Fe Avenue & 108"' Street) Exhibit No. 2 (Pocket Park: Fir Street & Lynwood Road) Exhibit No. 3 (Pocket Park: Gertrude Drive & Louise Street) Exhibit No. 4 (Pocket Park: Carlin Avenue & Thorson Avenue) Exhibit No. 5 (Resolution No. 2010.214) Resolution No. 3285 0 >0 ()� § a AD E� .� |] ;\ � , � Exhibit No. I 11 �: - � > 1 - «\�� ��5 \. n T 0 A 0 "Nn A � a m m o{R T D r z� f, oT oM ;0 m o_r v3 z D M r� G7 z IQs Exhibit No. 2 � m'a oA 0 A ocm oA 0m A D < A rn F R r� c xl m r Ul 3 m Z D A 0 m N PKA GERTRUDE DRIVE MIU l m _ - if 2 a Exhibit No. 3 o' T A m; m a` �D , r r_ [] � Z � z 0 < 0 m� �D m A R+ n 1 2 � A ;0 m o z_ D3 m z c m v m N a z CARLIN AVENUE }f III/ i• lE I D IS i Exhibit No. 4 RESOLUTION NO. 2010.214 • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING • NEGATIVE DECLARATION FOR THE DEVELOPMENT OF THE POCKET PARKS PROJECT LOCATED AT SANTA FE AVE AND 108 ST, GERTRUDE DR. AND LOUISE ST., FIR ST. AND LYNWOOD RD., AND THORSON AVE. AND CARLIN AVE WHEREAS, an environmental assessment has been conducted for the development of four Pocket Parks located at Santa Fe Ave and 108 St, Gertrude Dr. and Louise St., Fir St. and Lynwood Rd., and Thorson Ave. and Carlin Ave. and will not have a significant impact on the environment; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) city staff prepared a Negative Declaration for the Pocket Parks Project and made such Negative Declaration available for a 30 -day public review period; and WHEREAS, no comments were received to the Negative Declaration; and WHEREAS, a public hearing was duly noticed and was held on October 19, 2010 in order to receive any public comments in regards to the proposed Negative Declaration for the Pocket Parks Project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: Section 1. The comment period to receive public input, in regards to the Negative Declaration for the Pocket Parks Project is closed. Section 2. The Pocket Parks Project is in conformance with the California Environmental Quality Act (CEQA) and the City Council hereby approves the Negative Declaration which will be filed with the Los Angeles County Records Office. Section 3. That this Resolution shall take effect immediately upon its adoption. Section 4. The City Clerk shall certify as to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 19 day of October, 2010. Maria T. Santillan, Mayor Exhibit No. 5 ATTEST: Maria Quinonez, City Cler4 APPROVED AS TO FORM: Fred Galante, City Attorney APPROVED AS TO CONTENT: Fi - G aniel Ojeda, .E., ector of Public Works / City Engineer STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, 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 19 day of October, 2010. AYES COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES NONE ABSENT NONE ABSTAIN: NONE Maria Quinonez, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No 2010.214 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 19 day of October, 2010 Maria Quinonez, City Clerk RESOLUTION NO. 3285 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD RECOMMENDING APPROVAL TO THE CITY COUNCIL OF THE CITY OF LYNWOOD OF ZONE CHANGE NO. 2011 -02 AND GENERAL PLAN AMENDMENT NO. 2011 -01 TO CHANGE THE EXISTING ZONING AND GENERAL PLAN DESIGNATION OF ASSESSOR'S PARCEL NUMBER 6170 - 014 -901 FROM R -1 (SINGLE FAMILY RESIDENTIAL) TO OS (OPEN SPACE) AND ASSESSOR'S PARCEL NUMBERS 6174 -009 -901 AND 6175 - 006 -900 FROM R -3 (MULTI- FAMILY RESIDENTIAL) TO OS, AND TO ESTABLISH ZONING AND GENERAL PLAN DESIGNATIONS OF OPEN SPACE FOR A PROPERTY LOCATED ON THE PORTION OF THORSON AVENUE (FORMERLY CARESS AVENUE) IN THE CITY OF LYNWOOD, CALIFORNIA AS SHOWN IN TRACT MAP 11270, MAP BOOK 204 PAGES 49 AND 50, AND IN TRACT MAP 17484, MAP BOOK 424 PAGES 43 AND 44, OF MAPS IN THE LOS ANGELES COUNTY RECORDER'S OFFICE WHEREAS, the Lynwood Planning, pursuant to law, on July 12, 2011 conducted a public hearing; and WHEREAS, the Planning Commission considered all pertinent testimony offered at the public hearing; and WHEREAS, the City of Lynwood received a grant from the Rivers and Mountains Conservancy (RMC) and a grant from Congresswoman Linda Sanchez to develop four pocket parks throughout the City, and that as part of the RMC grant's requirements, the parks are required to provide passive recreational opportunities to the community; and WHEREAS, in an area of approximately 4.9 square miles, the City of Lynwood is a highly urbanized area and lacks a sufficient amount of open space, but is aggressively and innovatively seeking opportunities in which to provide recreational opportunities for the community; and WHEREAS, the City of Lynwood is proposing to change the existing zoning and General Plan designation of Assessor's Parcel Number 6170 - 014 -901 from R -1 (Single Family Residential) to OS (Open Space), and Assessor's Parcel Numbers 6174 - 009 -901 and 6175 - 006 -900 from R -3 (Multi - family Residential) to OS, as well as to establish zoning and General Plan designations for a property located on Thorson Avenue between Carlin 1 Avenue and the first alley south of Carlin Avenue as Open Space (OS), for the purpose of developing four pocket parks; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the Public Works Department prepared a Negative Declaration for the Pocket Parks Project, which demonstrated that the project would not have a significant impact on the environment. On October 19, 2010 the City adopted Resolution No. 2010.214 approving and adopting such document; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LYNWOOD, CALIFORNIA, FINDS AND DETERMINES AS FOLLOWS: Section 1 . The Planning Commission finds that the above recitals are true and correct and are incorporated herein by this reference. Section 2. The Planning Commission finds and determines as follows: A. That the proposed amendment is the public interest and that there will be a community benefit resulting from the amendment. This finding is supported by the following facts: The proposed Zone Change and General Plan Amendment will be a benefit to the community because the proposal would develop 4 pocket parks in the City. In an area of approximately 4.9 square miles, the City of Lynwood is a highly urbanized area and an insufficient amount of open space The parks will provide recreational opportunities as well as public amenities to area residents and businesses, which may result in an increase in physical activity and healthier lifestyle practices. B. That the proposed amendment is consistent with the goals, policies, and objectives of the general plan. This finding is supported by the following facts: The proposed Zone Change and General Plan Amendment are consistent with the City's General Plan in that the proposal for the pocket parks will provide additional acres of parkland (Parks and Recreation Policy PR -1.1) as well as promotes the development of park facilities that allow for both active, passive, and commercial recreation (Parks and Recreation Policy PR -1.4). C. That the proposed amendment will not conflict with provisions of this zoning code, subdivision regulations, or any applicable specific plan. This finding is supported by the following facts: The proposed Zone Change and General Plan Amendment will not conflict with the provisions of the zoning code or any applicable 2 specific plan as the proposal for the pocket parks is consistent with Sec. 25 -40 -1 (Intent and Purpose) of the LMC. D. In the event that the proposed amendment is a change to the land use policy map, that the amendment will not adversely affect surrounding properties. This finding is supported by the following facts: The proposed amendments will not adversely affect surround properties as the proposed pocket parks are passive in nature and are harmonious with adjacent residential uses. The 4 pocket parks have been designed to minimize impacts to surrounding properties by incorporating perimeter fencing, park lighting as well as trash receptacles. Section 3 . The Planning Commission of the City of Lynwood, based upon the aforementioned findings and determinations, recommends that the City Council of the City of Lynwood approve ZC No. 2011 -02 and GPA No. 2011 -01 in order to change the existing zoning and General Plan designation of Assessor's Parcel Number 6170 - 014 -901 from R -1 (Single Family Residential) to OS (Open Space) and Assessors Parcel Numbers 6174 - 009 -901 and 6175 - 006 -900 from R -3 (Multi - family Residential) to OS as well as to establish zoning and General Plan designations for a property located on Thorson Avenue between Carlin Avenue and the first alley south of Carlin Avenue as Open Space (OS). Section 4 . Pursuant to the California Environmental Quality Act (CEQA), the Public Works Department prepared a Negative Declaration for the Pocket Parks Project, which demonstrated that the project would not have a significant impact on the environment. On October 19, 2010 the City adopted Resolution No. 2010.214 approving and adopting such document. APPROVED AND ADOPTED this 12'" day of July, 2011, by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: 3 Kenneth West, Chair Lynwood Planning Commission APPROVED AS TO CONTENT: APPROVED AS TO FORM: Jonathan Colin, Director Pam Lee, City Attorney Development Services Department City of Lynwood ITEM #10 DATE: July 12, 2011 TO: Honorable Chair and Members of the Planning Commission FROM: Karen Figueredo, Planning Associate SUBJECT: ZONE CHANGE No. 2011 -01 4307 — 4309 Carlin Avenue Assessor Parcel Numbers 6186 -011 -095 to 6186- 011 -117 APPLICANT: Carlin Avenue Village LLC PROPOSAL The applicant is requesting approval of Zone Change No. 2011 -01 for the property located at 4307 Carlin Avenue within the R -2 (Townhouse, Cluster and Two - Family Residential) zone. The applicant is proposing to change the existing zoning from R -2 zone to PRD (Planned Residential Development) to construct twenty-two (22) detached residences, two- stories in height, with attached two -car garages. The property is already subdivided from one (1) parcel into twenty-two (22) lots, creating a Planned Residential Development with a common vehicle access easement and open space areas. BACKGROUND The subject property is located at 4307 Carlin Avenue in the R -2 (Two - Family Residential) zone, totals 46,032 square feet or 1.06 acres in area, and is located on the north side of Carlin Avenue between Waldorf Drive and Atlantic Avenue. On April 10, 2007 the Lynwood Planning Commission approved the project, pursuant to three (3) discretionary approvals and a Tenant Impact Report and Negative Declaration /Initial Study review as follows: • Conditional Use Permit No. 2007 -06: Construction of twenty two (22) detached residences, two- stories in height, with attached two -car garages, with conditions of approval, one of which is that five (5) of the residential units are to be affordable units (with unspecified affordability level); and Tentative Tract Map No. 2007 -01 (68944): Subdivision of one (1) parcel into twenty-two (22) lots; and • Variance No. 2007 -03: Reduction of minimum garage dimensions for the affordable residences; and • Tenant Impact Report and Negative Declaration /Initial Study: The Development Services Department performed an Initial Study and determined that the project will not have significant impacts on the environment. Conditions of approval were incorporated into the project that would protect the public health, safety and welfare and ensure quality development. A Negative Declaration was prepared and approved. However, two inconsistencies in the approved documents above exist. The first inconsistency involves affordability levels of the 5 affordable units. Although CUP 2007- 06 did not specify the affordability level of the 5 affordable units, further reading of the Staff Report approving CUP 2007 -06 stated that the 5 affordable units (originally 6 units in the Staff Report) were to be low income units, per the density bonus program in existence at the time. However, several communications during that time apparently led to the understanding that the 5 affordable units were to be moderate income units. The second inconsistency involves the zoning of the project site. Final Tract Map No. 68944, which was based on the approved Tentative Tract Map No. 2007 -01 (68944), was recorded with the Los Angeles County Recorder's office, showing that the subdivision of one (1) parcel into twenty-two (22) lots was done pursuant to the project being located in a PRD zone. However, the zoning of the project site at the time was R -2 and there was no zoning amendment changing the zoning to PRD. ANALYSIS & DISCUSSION Currently, the project site is vacant. The applicant proposes to construct twenty-two (22) single - family residences with attached two -car garages. The applicant was granted a density bonus to increase the number of residences from fourteen (14) to twenty-two (22) units. The Site Plan and Tentative Tract Map identify twenty-two (22) lots ranging in size from 1,264 to 1,298 square feet in area. A twenty foot (201 front yard setback would be provided, a common vehicle access drive twenty-six (26� in width dissects the center of the project leading to eleven (11) guest parking stalls. Common open space areas are in the center of the project. The individual lots identify the market rate units as "Detail A" and the affordable units as "Detail B ". The residences would be developed providing three and four foot setback areas at the front and rear, a six -foot side yard and a zero lot line. Lot coverage is 49% with a total of 31% landscaping (i.e. 14,204 square feet) including in the setback, common open space and private setback areas. Prior to construction of the project, the two inconsistencies listed above must be resolved. As previously stated, five (5) residential units would be affordable moderate income housing units, while the remaining seventeen (17) residential units would be market rate units. The requirement that 5 residential units be affordable to moderate income households will be an express condition of approval in the zoning amendment. The zoning amendment changes the project site from R -2 to PRD to be consistent with the recorded Final Tract Map. Per 25 -115 -4 of the Lynwood Municipal Code ("LMC'J, the PRD zoning designation is consistent with goals and policies set forth in the Lynwood General Plan Land Use, Long Beach Specific Plan and Economic Development Elements. The PRD zoning designation supports the land use goal LU -1 of the General Plan by providing diversity of residential opportunities and lifestyles to fit the current and future needs of Lynwood residents. The PRD zoning designation also encourages medium /high density residential and active open space uses, which is LU -6 goal of the General Plan. Also, as other properties surrounding the area are residential uses, the PRD zoning designation is not detrimental to the properties surrounding the site and would not negatively impact the public health, safety, or welfare or properties in the vicinity. ENVIRONMENTAL REVIEW The Development Services Department performed an Initial Study and has determined that the project will not have significant impacts on the environment, and the project is exempt from further environmental review under California Environmental Quality Act ( "CEQA') Guideline 15061(b)(3). RECOMMENDATION Staff recommends that the Planning Commission continue Zone Change No. 2011 -01, pending Los Angeles County Fire Department clearance. Attachments: 1. Project Profile 2. Location Map 3. Resolution PROJECT PROFILE Zone Change No. 2011 -01 4307 Carlin Avenue 1. Source and Authority Lynwood Municipal Code (LMC) Section 25 -20 -2 sets forth permitted uses in residential zones. LMC Sections 25 -115 -2 and 25 -115 -4 set forth procedures and findings required for zone changes. 2. Property Location and Size The subject property totals 46,032 square feet or 1.06 acres in area. The project proposes the construction of twenty-two (22) detached residences. Nineteen (19) of the residences would be market rate and five (5) residences would be affordable moderate income housing units. 3. Existina Land Uses Site North: South: West: East: Developed Single - Family Residential Carlin Avenue then Single - Family Residential Multiple - Family Residential Vacant 4. Land Use Designation The subject property has a General Plan Designation of Townhouse & Cluster Housing that is consistent with the R -2 (Two - Family Residential) zoning. The adjoining properties General Plan and Zoning designations are as follows: Site General Plan Zonino North: Multi - Family Residential R -3 (Multiple - Family Residential) South: City of Compton City of Compton West: Multi - Family Residential R -3 (Multiple - Family Residential) East: Multi - Family Residential R -3 (Multiple - Family Residential) 5. Site Plan Review The Site Plan Review Committee has reviewed the project and recommended approval subject to conditions set forth in Resolution No. 3284. 6. Code Enforcement History None at the time of this report. 7. Public Response None at the time of this report. LOCATION MAP Address: 4307 Carlin Avenue Applicant: Carlin Avenue Village, LLC. RESOLUTION No. 3284 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD RECOMMENDING APPROVAL TO THE CITY COUNCIL OF THE CITY OF LYNWOOD OF ZONE CHANGE NO. 2011 -01, CHANGING THE ZONING DESIGNATION FROM R- 2 (TWO- FAMILY RESIDENTIAL) TO PRD (PLANNED RESIDENTIAL DEVELOPMENT) TO ALLOW THE DEVELOPMENT OF TWENTY TWO (22) RESIDENTIAL UNITS ON PROPERTY LOCATED AT 4307 CARLIN AVENUE, ASSESSOR PARCEL NUMBER 6186 - 011 -095 TO 6186 - 011 -117, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. WHEREAS, the Lynwood Planning Commission, pursuant to law, on July 12, 2011 conducted a public hearing; and WHEREAS, the Planning Commission considered all oral and written testimony offered at the public hearing; and WHEREAS, on April 28, 2007 the Design Review Board recommended approval of the project to construct twenty two (22) residential units at 4307 Carlin Avenue, Lynwood, California ( "Project Site'; and WHEREAS, on April 10, 2007 the Lynwood Planning Commission approved Conditional Use Permit No. 2007 -06, which permitted construction of twenty two (22) detached residences, two- stories in height, with attached two -car garages at the Project Site, with conditions of approval, one of which is that five (5) of the residential units are to be affordable units (with unspecified affordability level); and WHEREAS, on April 10, 2007 the Lynwood Planning Commission approved Tentative Tract Map No. 2007 -01, which subdivided the Project Site from one (1) parcel into twenty-two (22) lots; and WHEREAS, on April 10, 2007 the Lynwood Planning Commission approved Variance No. 2007 -03, which permitted a reduction of minimum garage dimensions for the affordable residences to be located at the Project Site; and WHEREAS, on April 10, 2007 the Lynwood Planning Commission approved Tenant Impact Report and Negative Declaration /Initial Study to construct twenty two (22) residential units at the Project Site; and WHEREAS, the Lynwood Planning Commission has determined that a PRD (Planned Residential Development) zoning designation for the subject property would be consistent with the Lynwood General Plan and would be an appropriate zone for the location and development of the project; and WHEREAS, the Development Services Department performed an Initial Study and has determined that the project will not have significant impacts on the environment; therefore the project is exempt from review under California Environmental Quality Act ("CEQA'� Guideline Section 15061(b)(3). Furthermore, the project has not changed from the previous environmental review conducted for the approval of the Tenant Impact Report and adoption of the Negative Declaration /Initial Study on April 10, 2007. Conditions of approval have been incorporated into the project that would protect the public health, safety and welfare and ensure quality development. Section 1. Pursuant to Lynwood Municipal Code ("LMC') Section 25- 115 -4, pertaining to the findings required to approve a zone change or zoning code amendment, the Lynwood Planning Commission hereby finds and determines as follows: A. The proposed zone change from R -2 to PRD (Planned Residential Development) zoning designation of the Project Site is consistent with goals and policies set forth in the Lynwood General Plan Land Use, Long Beach Specific Plan and Economic Development Elements. The PRD zoning designation supports the General Plan Land Use Goal LU -1 by providing diverse residential opportunities and lifestyles to fit the current and future needs of Lynwood residents. The density of the PRD zoning designation and the project supports the higher density in the area, where surrounding properties are R -3 (multi - family residential) zoned. Also, the Project Site is near Atlantic Ave, a major arterial in the City, and serves as a transition from single - family residential to commercial and industrial land uses. The PRD zoning designation also encourages medium /high density residential and active open space uses, which is General Plan Land Use Goal LU -6. B. The PRD (Planned Residential Development) zoning designation will not adversely affect surrounding properties and would not negatively impact the public health, safety, or welfare or properties in the vicinity. Other properties surrounding the Project Site are residential uses, and properties directly to the north, west, and east are all R -3 (multiple - family residential) zoned. 2 Section 2. The Lynwood Planning Commission hereby recommends approval to the City Council of Zone Change No. 2011 -01, changing the zoning designation of the Project Site from R -2 to PRD (Planned Residential Development), subject to all conditions, restrictions and limitations set forth as follows: CONDITIONS OF APPROVAL DEVELOPMENT SERVICE DEPARTMENT 1. The conditional use must be acted upon within one year. The Zone Change shall become null and void 365 days from the date of approval if not acted on within this period. One extension of i year may be granted if the extension is requested in writing prior to the end of the valid period, at the discretion of the Development Services Department. 2. Five (5) of the twenty-two (22) residential units shall be affordable moderate income housing units, while the remaining seventeen (17) residential units can be market rate units. This affordability covenant is required to be effective for a minimum of ten (10) years, per the previous planning approvals approved by the Planning Commission on April 10, 2007. 3. The project shall comply with all regulations and standards set forth in the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code and all other City Departments. 4. The project shall be developed and maintained in accordance with plans approved by the Planning Commission on April 10, 2007, on file in the Development Services Department, Planning Division. 5. Any proposed subsequent modification of the subject site or structures thereon, shall be first reported to the Development Services Department, Planning Division, for review of said modifications prior to approval and implementation thereof. 6. The property owner or his /her representative, shall sign a Statement of Acceptance stating that he /she has read, understands, and agrees to all conditions of this resolution prior to submission to the Building and Safety Division for plan check. 7. Conditions of approval shall be printed on plans (cover sheet) prior to submission to the Building and Safety Division for plan check. 8. Prior to obtaining a final approval from the Building Division, applicant/ property owner shall obtain final signatures from other 3 departments (i.e. Fire Department, Planning, and Public Works /Engineer Department) 9. All appeals must be brought within ten (10) working days of the date of the final action by the Planning Commission. An appeal will be scheduled for public hearing before the City of Lynwood's City Council. Persons filing the appeal must submit application and pay a fee of $ 920.26. Section 3. The Planning Commission of the City of Lynwood, based upon the aforementioned findings and determinations, hereby recommends approval to the City Council of Zone Change No. 2011 -01 changing the zoning designation for 4307 Carlin Avenue (Assessor Parcel Map Numbers 6186- 0011 -095 to 6186 - 011 -117) from R -2 (Two - Family Residential) to PRD (Planned Residential Development). APPROVED AND ADOPTED this 12`" day of ]uly, 2011, by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO CONTENT: Kenneth West, Chair Lynwood Planning Commission APPROVED AS TO FORM: Jonathan Colin, Director Pam Lee, City Attorney Development Services Department City of Lynwood n