HomeMy Public PortalAboutA 2016-02-09 PLANNING COMMISSIONCity of LYNWOOD omra
A Pity JUmtieg ("AdCengm
11330 BULUS ROAD
LYNWOOD, CALfFORNfA 96262
3101603102`0
AGENDA
LYNWOOD PLANNING COMMISSION
AND
PARKING & BUSINESS IMPROVEMENT DISTRICT BOARD
Jorge Casanova
Chair
COUNCIL CHAMBERS
11330 BULLIS ROAD
LYNWOOD, CA 90262
February 9, 2016
6:00 P.M.
PLANNING COMMISSIONERS
Elizabeth Battle
Commissioner
FEB 0 4 2016
CITY OF L%'Nk/VcOp +
Alex Landerhs
Vice -Chair
Kenneth West Bill Younger
Commissioner Commissioner
COMMISSION COUNSEL
David A. Garcia, City Attorney
Tafoya & Garcia LLP
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: January 12, 2016
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.
CONTINUED REGULAR AGENDA
None
NEW REGULAR AGENDA
8. Application: Zoning Code Amendment 2016 -02
Applicant: City of Lynwood
City-wide
Staff: Karen Figueredo, Planning Associate
2
Proposal:
The applicant is requesting that the Planning Commission recommend that the City Council
approve an Urgency Ordinance amending Chapter XXV (Zoning) of the Lynwood Zoning
Ordinance to add a sub - section prohibiting marijuana cultivation.
Recommendation:
Staff recommends that the Planning Commission adopt Resolution No. 3358, recommending
City Council approval of ZCA 2016 -02 (Zoning Code Amendment).
9. Application: Specific Plan Amendment 2016 -01
Applicant: City of Lynwood
Long Beach Boulevard Specific Plan
Staff: Mike Poland, Interim Planning Manager
Proposal:
The applicant is requesting that the Planning Commission recommend that the City Council
approve an Ordinance amending Table 3.F of the Long Beach Boulevard Specific Plan thereby
allowing drive - through food and beverage businesses in Village III (Transit Village) and
Village IV (Business Village) of the Long Beach Boulevard Specific Plan with the approval of a
Conditional Use Permit
Recommendation:
Staff recommends that the Planning Commission adopt Resolution No. 3354, recommending
City Council approval of SPA 2016 -01 (Specific Plan Amendment).
COMMISSION DISCUSSION ITEM
Solar Panels
PUBLIC WORKS COMMENTS
DIRECTOR COMMUNICATIONS
3
ADJOURNMENT
Adjourn to the regular meeting of the Lynwood Planning Commission on March 8, 2016 at
6:00 p.m. in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California, 90262.
4
LYNWOOD PLANNING COMMISSION REGULAR MEETING,
January 12, 2016
Item #1 -Call Meeting to Order
Chair Casanova called the meeting to order at 6:04 PM
Item #2- Flag Salute
Commissioner Landeros led the flag salute.
Item #3- Roll Call of Commissioners
Planning Associate Karen Figueredo called roll. Commissioner Battle, Commissioner
Younger, Commissioner West, Vice Chair Landeros, and Chair Casanova were present.
Also present were Interim Director of Development Services Erika Ramirez, Planning
Associate Karen Figueredo, Senior Public Works Manager Elias Saikaly, and City
Attorney David Olivas.
Item #4- Certification of Agenda Posting
Chair Casanova asked if the Agenda had been duly posted and Planning Associate
Karen Figueredo indicated that the Agenda was in fact duly posted.
Item #5- Minutes
It was moved by Commissioner Younger and seconded by Commissioner Landeros to
approve the Minutes from the Planning Commission meeting from December 8, 2015.
Item #6- Swearing in Speakers
Interim Deputy Director City Clerk Daryl Betancur swore in members of the audience.
Item #7- Public Orals
None
CONTINUED REGULAR AGENDA (PUBLIC HEARING)
None
NEW REGULAR AGENDA (PUBLIC HEARING)
Item #8- Variance No. 2015 -02
Applicant: Alberto & Lucia Aquino
11283 Sampson Avenue
APN:6190- 016 -014
Proposal:
Interim Director of Development Services Ramirez introduced the item to the
Commission and provided information from the staff report. The applicant is requesting
approval of Variance (VAR) No. 2015 -01 to approximately 5 feet in order to legalize an
existing 221 square foot unpermitted patio cover attached to the existing single family
residence (SFR) and the existing two car garage on property located at 11283 Sampson
Avenue in the R -1 (Single Family Residential) zone.
Staff recommends that the Planning Commission adopt Resolution No. 3349 approving
VAR No. 2015 -02.
City Attorney Olivas defined the meaning of a variance.
Chair Casanova opened the Public Hearing
Judy Aquino, 11283 Sampson Avenue in Lynwood, CA 90262, urged the Commission to
approve the Variance based on the hardships provided on the report.
Chair Casanova closed Public Hearing.
Commissioner Landeros spoke in favor of the project.
Hearing no further discussion, it was moved by Vice Chair Landeros Casanova,
seconded by Chair Casanova to approve:
VARIANCE 2015 -02 RESOLUTION NO 3349 APPROVING A REQUEST TO
LEGALIZE AN EXISTING 221 SQUARE FOOT UNENCLOSED PATIO COVER
ATTACHED TO THE EXISTING SINGLE FAMILY RESIDENCE AND THE
EXISTING TWO -CAR GARAGE AT 11283 SAMPSON AVENUE, ASSESSOR
PARCEL NUMBER 6190 - 016 -014 IN THE R -1 (SINGLE FAMILY RESIDENTIAL)
ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA.
ROLL CALL:
AYES: CASANOVA, LANDEROS, YOUNGER
NOES: BATTLE
ABSTAIN: WEST
ABSENT:
2
ITEM #9- Variance No. 2015 -03
Application: Variance No. 2015 -03
Conditional Use Permit No. 2015 -03
10112 Long Beach Boulevard
APN: 6207 - 009 -007 & 008
Applicant: Bhavesh Patel
18900 Gable Circle
Cerritos, CA 90703
Interim Director of Development Services Ramirez introduced the item to the
Commission and provided information from the staff report. The applicant, Bhavesh
Patel, is requesting consideration of a Variance to reduce the required number of
parking spaces by over 25 %, a reduction in the required front yard setback from 15
feet to 8 feet, a reduction in the rear yard setback from 15ft to 4 feet 3 inches, a
reduction in the side yard setback requirement from 5 feet to 1 foot 4 inches, a
reduction in the minimum lot depth from 200 feet to 151.54 feet, a reduction in the
minimum lot size from 2 acres to .34 acres, a reduction in the required minimum
number of units from 100 units to 21 units, a reduction in the minimum motel unit size
from 400 square feet including the restroom to 214 square feet including the restroom,
and from the required distance of 100 feet from a residential use.
The applicant, Bhavesh Patel, is requesting consideration of a Conditional Use Permit to
re- establish a motel use on property located at 10112 Long Beach Boulevard. The
subject property is located in the C -3 (Heavy Commercial) zone, and in Village I of the
Long Beach Specific plan.
Staff recommends that the Planning Commission adopt Resolution No. 3350, approving
VAR No. 2015 -03 & Resolution No. 3351 approving CUP No. 2015 -03.
Chair Casanova opened Public Hearing.
Current property owner (Bob) presented examples of past tenant improvement projects
that he and his partner have completed as supporting content for the approval of the
Variance and Conditional Use Permit.
ID Cutting, 1707 San Pablo Drive, Lake San Marcos, California, representative for
Choice Hotels, spoke in favor of the applicants and the project.
Martin Rodriguez, 5714 Rocket Street, Lakewood, California, 90713, principle and
Project Manager of MRD Studio, the architect firm that prepared designed drawings,
spoke in favor of the project.
3
Miguel Canales, 18029 Grapeland Avenue, Artesia, California, Mayor and Council
Member for the City of Artesia, spoke in favor of the project and the applicants
Chair Casanova closed public hearing.
Commissioner Battle requested clarification on the number of parking stalls and total
number of rooms.
Interim Director Ramirez presented parking requirements and further clarification of
parking variance.
Commissioner Younger asked if there was any government funding for the hotel area
for streets and sidewalk.
Public Works Manager Saikaly provided information of the government funding available
for Long Beach Boulevard.
Vice Chair Landeros requested clarification of the Conditional Use Permit.
Hearing no further discussion, a subsequent notion was made by Vice Chair Landeros
and seconded by Chair Casanova to approve Variance 2015 -03 with the condition that
the applicant comply with all of Public Works Conditions of Approval. Original notion
was not disposed of. The motion carried a 5 -0 vote to approve:
VARIANCE 2015 -03 RESOLUTION NO 3350 TO REDUCE THE REQURIED
NUMBER OF PARKING SPACES BY OVER 25 %, A REDUCTION IN THE REQUIRED
FRONT YARD SETBACK FROM 15 FEET TO 8 FEET, A REDUCTION IN THE REAR
YARD SETBACK FROM 15FT TO 4 FEET 3 INCHES, A REDUCTION IN THE SIDE
YARD SETBACK REQUIREMENT FROM 5 FEET TO 1 FOOT 4 INCHES, A
REDUCTION IN THE MINIMUM LOT DEPTH FROM 200 FEET TO 151.54 FEET, A
REDUCTION IN THE MINIMUM LOT SIZE FROM 2 ACRES TO .34 ACRES, A
REDUCTION IN THE REQUIRED MINIMUM NUMBER OF UNITS FROM 100 UNITS
TO 21 UNITS, A REDUCTION IN THE MINIMUM MOTEL UNIT SIZE FROM 400
SQUARE FEET INCLUDING THE RESTROOM TO 214 SQUARE FEET INCLUDING
THE RESTROOM, AND FROM THE REQUIRED DISTANCE OF 100 FEET FROM A
RESIDENTIAL USE ON PROPERTY LOCATED AT 10112 LONG BEACH BOULEVARD,
ASSESSOR'S PARCEL NUMBERS 6207 - 009 -007 AND 6207 - 009 -008 IN THE C -3
(HEAVY COMMERCIAL) ZONE AND IN VILLAGE I OF THE LONG BEACH SPECIFIC
PLAN, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA.
ROLL CALL:
AYES: BATTLE CASANOVA, LANDEROS, YOUNGER, WEST
NOES:
ABSTAIN:
ABSENT:
0
It was moved by Commissioner Younger, seconded by Vice Chair Landeros to adopt:
CONDITIONAL USE PERMIT 2015 -03 RESOLUTION NO 3351 TO RE-
ESTABLISH A MOTEL USE AND REMODEL AN EXISTING AND VACATED 9,080
SQUARE FOOT COMMERCIAL BUILDING PREVIOUSLY UTILIZED AS A 21
UNIT MOTEL AT 10112 LONG BEACH BOULEVARD, ASSESSOR'S PARCEL
NUMBERS 6207 - 009 -007 AND 6207 - 009 -008 IN THE C -3 (HEAVY
COMMERCIAL) ZONE AND IN VILLAGE I OF THE LONG BEACH SPECIFIC
PLAN, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA.
ROLL CALL:
AYES: BATTLE CASANOVA, LANDEROS, YOUNGER, WEST
NOES:
ABSTAIN:
ABSENT:
ITEM #10- DISCUSSION ITEM
Interim Director Ramirez presented the Commission with a list of cities that had specific
development standards for review.
COMMISSION ORALS
Commissioner Battle suggested for agendas to be delivered to the Commissioners on
Thursday instead of Friday.
Commissioner Younger requested for future projects involving approval of illegal
structures that estimated fees be calculated and included in staff reports.
Vice Chair thanked Interim Director Ramirez for assistance with the vacant property
Palm Street.
Chair Casanova commented on pot holes located on Bullis Road.
STAFF ORALS
Interim Director Ramirez announced that future training for the Commission will be
available.
5
ADJOURMENT
Having no further discussion, it was moved by Chair Casanova and seconded by
Commissioner Younger to adjourn the meeting.
Planning Commission meeting was adjourned at 7:18 PM
APPROVED AS TO CONTENT:
Erika Ramirez, Interim Director
Development Services
6
Jorge Casanova, Chair
Lynwood Planning Commission
APPROVED AS TO FORM:
David Garcia, City Attorney
Planning Commission Counsel
city 4 LYNWOOD
11390 BULLS ROAD
LYN'*00D, CALIFORNIA 90262
;3101 603-,,220
DATE: February 9, 2016
TO: Honorable Chair and Members of the Planning Commission
FROM: Erika Ramirez, Interim Director Department of - =<q
Development, Compliance and Enforcement Services
Karen Figueredo, Planning Associate
SUBJECT: Zoning Code Amendment No. 2016 -02 to Prohibit
Medical and Recreational Marijuana Cultivation in the City
APPLICANT: City of Lynwood
RECOMMENDED ACTION:
1. RECOMMEND that the City Council; recognize that ZCA 2016 -02 (Zoning
Code Amendment) is exempt from the California Environmental Quality Act
(CEQA) in accordance with Section 15061(b) (3) of the CEQA Guidelines.
This exemption applies where it can be seen with certainty that there is no
possibility that the activity (Amendment) may have a significant effect on the
environment.
2. APPROVE Planning Commission Resolution No. 3358, recommending that
the City Council approve Zoning Code Amendment No. 2016 -02.
RECOMMENDED ACTION:
"I MOVE THAT THE CITY OF LYNWOOD PLANNING COMMISSION
RECOMMEND THAT THE CITY COUNCIL APPROVE ZOA 2016 -02
(ZONING ORDINANCE AMENDMENT) BASED ON THE FINDINGS
OUTLINED IN THE ATTACHED RESOLUTION ".
PROJECT:
This application involves amending the Zoning Ordinance to prohibit all
commercial medical marijuana /cannabis uses and activities, including delivery, in
all zones and all specific plan areas in the City of Lynwood and prohibiting the
cultivation of any amount of marijuana /cannabis for medical use by a qualified
patient or primary caregiver in all zones and specific plan areas in the City of
Lynwood.
BACKGROUND:
On July 6, 2010 the City Council adopted Urgency Ordinance No. 1632 in order
to establish an interim ordinance prohibiting the establishment or operation of
medical marijuana dispensaries and the sale of medical marijuana at existing
business within the City of Lynwood. The existing zoning code does not
expressly prohibit cultivation of medical and recreational marijuana.
DISCUSSION:
In 1996, California voters adopted the Compassionate Use Act ( "CUA ") as a
ballot initiative, codified at Health and Safety Code Section 11362.5. The CUA
provides a limited defense from prosecution for cultivation and possession of
marijuana. In 2003, the Legislature adopted the Medical Marijuana Program Act
( "MMP "), codified at Health and Safety Code sections 11362.5 to 11362.83. The
MMP provides qualified persons, primary caregivers, and holders of valid
identification cards a defense to certain enumerated marijuana - related state
crimes.
The California courts have found that neither the CUA nor the MMP provide
medical marijuana patients with an unfettered right to obtain, cultivate, or
dispense marijuana for medical purposes. Rather, the statutes set up limited
defenses to state criminal prosecution. The manufacture, distribution, or
possession of marijuana remains unlawful and a federal crime under the Federal
Controlled Substance Act.
In 2013, the California Supreme Court confirmed a city's ability to prohibit
medical marijuana dispensaries within its boundaries. The court found that the
CUA and MMP do not preempt a city's local regulatory authority.
On November 26, 2013, the Court of Appeal decided and published its decision
in the case of Maral v. City of Live Oak, 221 CalApp.4th 975 (2013). Maral held
that cities have authority to prohibit cultivation of all medical marijuana city -wide.
Like the Supreme Court's decision in City of Riverside, the Maral court similarly
found that the CUA and MMP do not preempt a city's regulatory authority to
prohibit all cultivation in the city, if the city so chooses.
2
On December 1, 2015, the 5th Appellate District published a decision in Kirby v.
County of Fresno in which the Court upheld the County's ban on marijuana
dispensaries, cultivation, and storage of medical marijuana because the CUA did
not expressly restrict local government's authority to regulate land use.
This year, the Legislature introduced three bills comprising the Medical Marijuana
Regulation and Safety Act (MMRSA). These bills are designed to impose
additional regulatory mechanisms related to medical marijuana. For example,
there will be a dual licensing structure which requires a state and local license or
permit in order to cultivate, dispense, or transport medical marijuana. Cities that
wish to ban these land use activities are allowed to do so; however, there are
critical time constraints.
Assembly Bill 266 established a dual licensing structure requiring state and local
licenses or permits to establish marijuana businesses. However, if there is no
local licensing requirement, the State Department of Food and Agriculture
becomes the sole licensing authority. Assembly Bill 643 established criteria for
the licensing of medical marijuana businesses, regulating physicians, and
recognizing local authority to levy taxes and fees.
Assembly Bill 243 includes a provision stating that cities that do not have an
ordinance regulating or prohibiting cultivation by March 1, 2016, will lose the
authority to regulate or ban cultivation within their city limits.
PROPOSED CHANGES TO THE ZONING ORDINANCE:
In order to protect the City of Lynwood, its schools, businesses and residents,
particularly minors, from harmful negative effects of medical and recreational
marijuana cultivation staff recommends that the Planning Commission consider
recommending local regulations prohibiting the cultivation of marijuana of any
site within the City. The proposed code amendment will include a definition of
medical and recreational marijuana cultivation and prohibit the establishment and
operation of medical and recreational marijuana cultivation within any zoning
district in the City of Lynwood.
The proposed zoning code amendment would do the following:
1) Prohibit commercial cannabis activities of all types in all zones and
specific plan areas in the City. No person shall establish, operate,
conduct, or allow a commercial cannabis activity anywhere in the City.
2) Prohibit all types of deliveries of medical cannabis in the City of Lynwood.
No person shall conduct any deliveries that either originate or terminate
within the City.
3
3) All activities which require a state license under the Medical Marijuana
Regulation and Safety Act (MMRSA) are prohibited in the City.
4) Cultivation of cannabis for non - commercial purposes, including cultivation
by a qualified patient or a primary caregiver, is expressly prohibited in all
zones and specific plan areas of the City. No person, including a qualified
patient or primary caregiver, shall cultivate any amount of cannabis in the
City, even for medical purposes.
5) Any use in violation of these provisions shall be considered a "public
nuisance" and could involve civil penalties.
ENVIRONMENTAL:
The proposed Amendment is exempt from the California Environmental Quality
Act (CEQA) in accordance with Section 15061(b) (3) of the CEQA Guidelines.
This exemption applies where it can be seen with certainty that there is no
possibility that the activity (Amendment) may have a significant effect on the
environment.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission take the following actions:
1. RECOGNIZE that ZOA 2016 -02 (Zoning Ordinance Amendment) is
exempt from the California Environmental Quality Act (CEQA) in
accordance with Section 15061(b) (3) of the CEQA Guidelines. This
exemption applies where it can be seen with certainty that there is no
possibility that the activity (Amendment) may have a significant effect on
the environment.
2. APPROVE Planning Commission Resolution No. 3358, recommending
that the City Council approve Zoning Ordinance Amendment No. 2016 -02.
4
RESOLUTION NO. 3358
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LYNWOOD, CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL APPROVE
ZONING CODE AMENDMENT NO. 2016 -02 TO AMEND
SECTION 25 -200 -1 OF CHAPTER 25 ARTICLE 200 AND
CHAPTER 25 APPENDIX A OF THE LYNWOOD ZONING
CODE TO PROHIBIT THE CULTIVATION OF MARIJUANA
IN ALL ZONES TO BE CONSISTENT WITH STATE LAW.
WHEREAS, the City of Lynwood currently prohibits medical marijuana
dispensaries in accordance with Federal Controlled Substance Act; and
WHEREAS, the City's current prohibition of medical marijuana dispensaries does
not address or expressly prohibit medical or recreational marijuana cultivation; and
WHEREAS, the City's prohibition of medical marijuana dispensaries does not
address or expressly prohibit medical or recreational marijuana cultivation; and
WHEREAS, the City's current prohibition of medical marijuana dispensaries does
not address or expressly prohibit medical marijuana cultivation; and
WHEREAS, adopting an code amendment to prohibit medical and recreational
marijuana cultivation will prevent the State of California's Department of Food and
Agriculture from becoming the sole licensing and authority of such uses; and
WHEREAS, adopting an code amendment to prohibit medical and recreational
marijuana cultivation will not prevent the City from regulating such uses in the future;
and
WHEREAS, the City wishes to enact regulations to prohibit medical and
recreational marijuana cultivation in accordance with Federal Controlled Substance Act;
and
WHEREAS, the proposal is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA), Section 15061 (b) (3) of Chapter 3, Title
24, it has been determined that the proposed Code Amendment project will not have an
impact upon the environment and is categorically Exempt; and
WHEREAS, the Lynwood Planning Commission, pursuant to law, on February 9,
2016, conducted a public hearing on the subject; and
WHEREAS, the Planning Commission considered all pertinent testimony offered at
the public hearing; and
NOW, THE PLANNING COMMISSION HEREBY 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. Section 25 -200 -1 of Chapter 25 Article 200 entitled "Definitions" of
the Lynwood Zoning Code shall be amended to include the definition of "Medical or
Recreational Marijuana Cultivation" to read as follows:
"25- 200 -1: General:
Definitions
Unless otherwise specified, any and all definitions set forth in the Compassionate Use
Act of 1996 (codified at California Health and Safety Code Section 11362.5), Medical
Marijuana Program Act (codified at California Health and Safety Code Section 11362.7
et seq.) and MMRSA (codified at California Business and Professions Code Section
19300 et seq.), as those statutes are amended from time to time or replaced with a
successor statute, shall apply to this section in addition to the definitions set forth as
follows:
Cultivation or cultivate shall have the same meaning as set forth in subdivision (1) of
Section 19300.5 of the California Business and Professions Code, as may be amended
from time to time.
Commercial cultivation shall mean any cultivation activity that does not qualify for the
exemption set forth in subdivision (g) of Section 11362.777 of the California Health and
Safety Code, as may be amended from time to time.
Medical marijuana shall mean "medical cannabis," as that term is defined in subdivision
(ag) of Section 19300.5 of the California Business and Professions Code, as may be
amended from time to time.
Primary caregiver shall have the same meaning as set forth in subdivision (d) of Section
11362.7 of the California Health and Safety Code, as may be amended from time to
time.
Qualified patient shall have the same meaning as set forth in subdivision (f) of Section
11362.7 of the California Health and Safety Code, as may be amended from time to
time.
Prohibition
Commercial medical marijuana cultivation is expressly prohibited in all zoning districts
throughout the City. A State license for the cultivation of medical marijuana does not
2
entitle the licensee to engage in commercial medical marijuana cultivation within City
limits.
Public Nuisance
Commercial medical marijuana cultivation within City limits shall be, and is hereby
declared to be, a public nuisance and may be summarily abated by the City pursuant to
California Code of Civil Procedure Section 731 or any other remedy available at law.
Civil Penalties
In addition to any other enforcement permitted by this section, the City Attorney may
bring a civil action for injunctive relief and civil penalties against any person who violates
any provision of this section. In any civil action that is brought pursuant to this section, a
court of competent jurisdiction may award civil penalties and costs to the prevailing
party.
Section 3. The matrix in Chapter 25 Appendix A entitled "Uses By Zoning
District' of the Lynwood Zoning Code shall be amended to include the land use
designation of "Medical and Recreational Marijuana Cultivation" to read as follows:
"Land Use R -1 R -2 R -3 PRD P -1 C -2 C -2A C -3 PCD C13-1 M HMD PF OS SPA CCOA
Medical and Prohibited in any zoning district and any specific plan
Recreational
Marijuana
Cultivation
Section 4. That in accordance with the provision of the California Environmental
Quality Act (CEQA), Section 15061 (b)(3) of Chapter 3, Title 24, it has been determined
that the proposed Code Amendment project will not have an impact upon the
environment and is categorically Exempt; and
APPROVED AND ADOPTED this 9th day of February, 2016, by members of the
Planning Commission, voting as follows:
3
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO CONTENT:
Erika Ramirez, Interim Director
Department of Development, Compliance
and Enforcement Services
4
Jorge Casanova, Chair
Lynwood Planning Commission
APPROVED AS TO FORM:
David A. Garcia, City Attorney
City of Lynwood
URGENCY ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LYNWOOD ADDING ARTICLE 87 "MEDICAL
MARIJUANA" TO THE LYNWOOD MUNICIPAL CODE,
PROHIBITING ALL TYPES OF COMMERCIAL CANNABIS
ACTIVITY
WHEREAS, the City of Lynwood has historically prohibited commercial cannabis
activity; and
WHEREAS, in 1996, the voters of the State of California approved Proposition
215 (codified as California Health and Safety Code § 11362.5 and entitled "The
Compassionate Use Act of 1996" or "CUA"); and
WHEREAS, the intent of Proposition 215 was to enable persons who are in need
of marijuana for medical purposes to use it without fear of criminal prosecution under
limited, specified circumstances; and
WHEREAS, in 2004, the Legislature enacted Senate Bill 420 (codified as
California Health & Safety Code § 11362.7 et seq. and referred to as the "Medical
Marijuana Program" or "MMP ") to clarify the scope of Proposition 215; and
WHEREAS, in City of Riverside v. Inland Empire Patients Health and Wellness
Center, Inc. (2013) 56 CalAth 729, the California Supreme Court held that nothing in
the CUA or the MMP limits the inherent authority of a local jurisdiction, by its own
ordinances, to regulate the use of its land; and
WHEREAS, the Federal Controlled Substances Act, 21 U.S.C. § 801 et seq.,
classifies marijuana as a Schedule 1 Drug, which makes it unlawful under federal law
for any person to cultivate, manufacture, distribute or dispense, or possess with intent to
manufacture, distribute or dispense, marijuana; and
WHEREAS, Governor Brown signed 3 bills into law (AB 266, AB 243, and SB
643) which, among other things, allow the City to completely prohibit commercial
medical marijuana activities; and
WHEREAS, the City Council finds that commercial medical marijuana activities,
as well as cultivation for personal medical use as allowed by the CUA and MMP, can
adversely affect the health, safety, and welfare of City residents. Citywide prohibition is
proper and necessary to avoid the risks of criminal activity, degradation of the natural
environment, malodorous smells, and indoor electrical fire hazards that may result from
1 Ordinance
such activities. Further, marijuana cultivation or other concentration of marijuana in any
location or premises without adequate security increases the risk that surrounding
homes or businesses may be negatively impacted by nuisance activity such as loitering
or crime; and
WHEREAS, the City Council finds that medical marijuana land uses and
businesses are not compatible with, and injurious to, the health, safety, and welfare of
the City; and WHEREAS, this ordinance promotes the public convenience, health,
interest, safety or welfare of the city; and
WHEREAS, while the City Council believes that cultivation and all commercial
medical marijuana uses are prohibited under the City's permissive zoning regulations, it
desires to enact this ordinance to expressly make clear that all such uses are prohibited
throughout the City; and
WHEREAS, this ordinance is adopted pursuant to the authority granted by the
California Constitution and State law, including but not limited to Article XI, Section 7 of
the California Constitution, the Compassionate Use Act, the Medical Marijuana
Program, and The Medical Marijuana Regulation and Safety Act; and WHERAS, the
City Council finds that this ordinance is not subject to review under the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15060(c)(2)
(the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15061(b)(3) (there is no possibility the activity in question may
have a significant effect on the environment); and
WHEREAS, the Planning Commission held a duly noticed public hearing on
February 9, 2016 at which time it considered all evidence presented, both written and
oral, and at the end of the hearing voted to adopt a resolution recommending that the
City Council adopt this Ordinance.
NOW, THEREFORE, the City Council of the City of Lynwood does hereby
ORDAIN as follows:
Section 1. That Article 87 "Medical Marijuana" is hereby added to the Lynwood
Municipal Code to read as follows:
"Article 87
Medical Marijuana
"25 -87 -0: General: Medical Marijuana
25 -87 -1 Definitions
2 Ordinance
Unless otherwise specified, any and all definitions set forth in the Compassionate Use Act of
1996 (codified at California Health and Safety Code Section 11362.5), Medical Marijuana
Program Act (codified at California Health and Safety Code Section 11362.7 et seq.) and
MMRSA (codified at California Business and Professions Code Section 19300 et seq.), as those
statutes are amended from time to time or replaced with a successor statute, shall apply to this
section in addition to the definitions set forth as follows:
Cultivation or cultivate shall have the same meaning as set forth in subdivision (1) of Section
19300.5 of the California Business and Professions Code, as may be amended from time to
time.
Commercial cultivation shall mean any cultivation activity that does not qualify for the exemption
set forth in subdivision (g) of Section 11362.777 of the California Health and Safety Code, as
may be amended from time to time.
Medical marijuana shall mean "medical cannabis," as that term is defined in subdivision (ag) of
Section 19300.5 of the California Business and Professions Code, as may be amended from
time to time.
Primary caregiver shall have the same meaning as set forth in subdivision (d) of Section
11362.7 of the California Health and Safety Code, as may be amended from time to
time.
Qualified patient shall have the same meaning as set forth in subdivision (f) of Section
11362.7 of the California Health and Safety Code, as may be amended from time to
time.
25 -87 -2 Prohibition
Commercial medical marijuana cultivation is expressly prohibited in all zoning districts
throughout the City. A State license for the cultivation of medical marijuana does not
entitle the licensee to engage in commercial medical marijuana cultivation within City
limits.
25 -87 -3 Public Nuisance
Commercial medical marijuana cultivation within City limits shall be, and is hereby
declared to be, a public nuisance and may be summarily abated by the City pursuant to
California Code of Civil Procedure Section 731 or any other remedy available at law.
25 -87-4 Civil Penalties
In addition to any other enforcement permitted by this section, the City Attorney may bring a civil
action for injunctive relief and civil penalties against any person who violates any provision of
this section. In any civil action that is brought pursuant to this section, a court of competent
jurisdiction may award civil penalties and costs to the prevailing party.
3 Ordinance
Section 2. Severability. If any section, subsection, clause or phrase of this
Ordinance or any part thereof is for any reason held to be invalid, unconstitutional or
unenforceable by the decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portion of the Ordinance. The City Council
declares that it would have passed each section, subsection, paragraph, sentence,
clause or phrase thereof, irrespective of the fact that any one or more section,
subsection, sentence, clause or phrase would be declared invalid, unconstitutional or
unenforceable.
Section 3. The City Clerk shall certify to the adoption of this Ordinance and
cause it to be published as required by law.
ATTEST:
Maria Quinonez, City Clerk
APPROVED AS TO FORM:
David A. Garcia, City Attorney
Edwin Hernandez, Mayor
APPROVED AS TO CONTENT:
J. Arnoldo Beltran, City Manager
4 Ordinance
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, Maria Quifionez, the undersigned, City Clerk of the City of Lynwood, do hereby certify
that the foregoing Ordinance was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the day of February 2016, and passed by the
following votes:
AYES:
NOES:
ABSTAIN:
ABSENT:
Maria Quifionez, City Clerk
STATE OF CALIFORNIA )
)
COUNTY OF LOS ANGELES )
I, Maria Quifionez, 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 Ordinance No. _ is on file in my office and that said Ordinance was
adopted on the date and by the vote therein stated. Dated this _ day of February
2016.
Maria Quifionez, City Clerk
5 Ordinance
DATE:
TO:
City 4 JLYNU'OOD ianew
11330 BULLIS ROAD
L�NWOOO. CALIFORNIA 90282
;3103 8030220
February 9, 2016
Honorable Chair and Members of the Planning Commission
FROM: Erika Ramirez, Interim Director Department of Development, $�Z
Compliance and Enforcement Services
Mike Poland, Interim Planning Manager
SUBJECT: Specific Plan Amendment (SPA) No. 2016 -01 to amend the Long
Beach Boulevard Specific Plan to conditionally allow drive -thru
facilities for eating and drinking establishments in all of the
designated Villages within the Specific Plan area.
APPLICANT: City of Lynwood
RECOMMENDED ACTION:
1. RECOMMEND that the City Council; recognize that SPA 2016 -01 (Specific Plan
Amendment) is exempt from the California Environmental Quality Act (CEQA) in
accordance with Section 15061(b) (3) of the CEQA Guidelines. This exemption
applies where it can be seen with certainty that there is no possibility that the activity
(Amendment) may have a significant effect on the environment.
2. RECOMMEND that the City Council approve SPA 2016 -01 (Specific Plan
Amendment).
RECOMMENDED ACTION
"I MOVE THAT THE CITY OF LYNWOOD PLANNING COMMISSION
RECOMMEND THAT THE CITY COUNCIL APPROVE SPA 2016 -01
(SPECIFIC PLAN AMENDMENT) BASED ON THE FINDINGS
OUTLINED IN THE ATTACHED RESOLUTION".
1
PROJECT:
To amend the Land Use Table (Table 3.F - Customized Use List) of the Long Beach
Boulevard Specific Plan to permit drive -thru facilities for eating and drinking
establishments in Village III (Transit Village) and Village IV (Business Village), subject to
the approval of a Conditional Use Permit.
BACKGROUND:
The Long Beach Boulevard Specific Plan was adopted by the City Council on
November 21, 2006. The Plan area is located along Long Beach Boulevard, which is
the major north south thoroughfare in the County and stretches about 2.3 miles within
the City of Lynwood.
The adopted Long Beach Boulevard Specific Plan established new design and
development standards, as well as streetscape improvement designs. The Plan
encourages a wide range of land uses to accommodate the living, working, shopping
and recreational needs of the City's growing population with a diversity of uses that will
promote economic growth and that also take advantage of the Specific Plan area's
unique condition of being well -served by regional transit systems and the mixed -use
nature of the area.
Table 35 (Customized Use List) in the Specific Plan contains a list of permitted and
regulated uses as well as how these uses are reviewed and processed. These
permitted and regulated uses vary according to geographic areas within the Plan as
follows: Downtown Village I, between Tweedy Boulevard to the north and Martin Luther
King Jr. Boulevard to the south, Downtown Village 11, which is bounded by Martin Luther
King Jr. Boulevard to the north, 1 -105 to the south, California Avenue at the eastern end
and Bellinger Street to the west, the Transit Village (Village III) which is a five - block,
4.67 -acre village making it the smallest of the four sub -areas within the Specific Plan. Its
boundary starts at the intersection of 1 -105 and Long Beach Boulevard and ends at
Josephine Street. The fourth and final geographical area is Village IV (the Business
Village). The boundaries of this village are Josephine Street to the north and Orchard
Avenue to the south, and only include parcels facing Long Beach Boulevard. (Refer to
Exhibit "A ").
Currently, Table 3.F (Customized Use List) of the Long Beach Boulevard Specific Plan
conditionally allows drive - through eating and drinking establishments in Village I and
Village II, subject to approval of a Conditional Use Permit. However, as currently written,
the Long Beach Boulevard Specific Plan does not allow drive - through eating and
drinking establishments in either the Village III (Transit Village) or Village IV (Business
Village).
As part of the Development, Compliance, and Enforcement Services Department's
continuous effort to identify sections of the Zoning Ordinance and Long Beach
2
Boulevard Specific Plan that may need to be amended to keep pace with current
development trends, staff identified the need to expand the areas in which drive -thru
facilities should be allowed in the Long Beach Boulevard Specific Plan.
In addition, since its inception In November 2006, the City has received several inquires
requesting modification to the Land Use Table (Table 3.F) in order to allow drive -thru
facilities for eating and drinking establishments in Village III (Transit Village) and Village
IV (the Business Village).
DISCUSSION:
One of the primary goals of the Long Beach Boulevard Specific Plan is to promote new
development that serves the needs of those living working and visiting the City, as well
as providing a range of commercial opportunities in line with the needs of those groups,
and continue to develop Lynwood as a retail center for the area.
Staff's position is that allowing drive -thru facilities for eating and drinking establishments
in Village III (Transit Village) and Village IV (Business Village) will not adversely affect or
be detrimental to the surrounding area. The Specific Plan Amendment will still require
that drive -thru for eating and drinking establishments apply for and receive approval of a
Conditional Use Permit to locate these facilities within the Long Beach Boulevard
Specific Plan area. Furthermore, the Conditional Use Permit Application will have
conditions of approval which will address the type and location of the use on a particular
site and hours of operation. Additional conditions may be used to address site design to
further assure noise concerns are properly addressed.
FINDINGS FOR RECOMMENDING APPROVAL OF SPA NO. 2016 -01:
1. The Specific Plan Amendment is necessary so that the Specific Plan can more
effectively fulfill its purpose by providing a base for economic vitality for the future.
2. The proposed amendment is consistent with all elements of Lynwood General Plan
and with the intent of the Long Beach Boulevard Specific Plan.
3. The proposed amendment will not be detrimental to the public health, safety or
general welfare in those drive -thru facilities will be subject to approval of a
Conditional Use Permit.
4. The proposed Amendment is exempt from the California Environmental Quality Act
(CEQA) in accordance with Section 15061(b) (3) of the CEQA Guidelines because
there is no possibility that the activity (Amendment) will have a significant impact on
the environment.
3
ENVIRONMENTAL:
The proposed Amendment is exempt from the California Environmental Quality Act
(CEQA) in accordance with Section 15061(b) (3) of the CEQA Guidelines. This
exemption applies where it can be seen with certainty that there is no possibility that the
activity (Amendment) may have a significant effect on the environment. This
Amendment will permit drive -thru facilities for eating and drinking establishments within
the adopted boundaries of the Long Beach Boulevard Specific Plan subject to approval
of a Conditional Use Permit.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission take the following actions:
1. RECOGNIZE that SPA 2016 -01 (Specific Plan Amendment) is exempt from the
California Environmental Quality Act (CEQA) in accordance with Section
15061(b) (3) of the CEQA Guidelines. This exemption applies where it can be
seen with certainty that there is no possibility that the activity (Amendment) may
have a significant effect on the environment.
2. APPROVE Planning Commission Resolution No. 3354, recommending that the
City Council approve Specific Plan Amendment No. 2016 -01.
M
PLANNING COMMISSION RESOLUTION NO. 3354
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF LYNWOOD, CALIFORNIA,
RECOMMENDING TO THE CITY COUNCIL APPROVAL
OF AN AMENDMENT TO THE LONG BEACH
BOULEVARD SPECIFIC PLAN (SPA 2016 -01) TO PERMIT
DRIVE -THRU FACILITIES FOR EATING AND DRINKING
ESTABLISHMENTS IN VILLAGE III (TRANSIT VILLAGE)
AND VILLAGE IV (BUSINESS VILLAGE), SUBJECT TO
THE APPROVAL OF A CONDITIONAL USE PERMIT.
SECTION 1. FINDINGS:
WHEREAS, the City of Lynwood has filed an application for approval of SPA
2016 -01, request an amendment to the Long Beach Boulevard Specific Plan to permit
drive -thru facilities for eating and drinking establishments in Village III (Transit Village)
and Village Iv (Business Village), subject to the approval of a Conditional Use Permit;
and
WHEREAS, there is hereby imposed on the associated development projects
certain fees, dedications, reservations and other exactions pursuant to state law and
City ordinances; and
WHEREAS, pursuant to Government Code Section 66020(d)(1), NOTICE IS
HEREBY GIVEN that the associated development projects are subject to certain fees,
dedications, reservations and other exactions as provided herein; and
WHEREAS, this project is be exempt from the requirements of the California
Environmental Quality Act (CEQA) as provided for in Section 15061(b)(3) as defined by
Section 15378 of the CEQA Guidelines; and
WHEREAS, the Planning Commission, upon giving the required notice, did, on
the 9th day of February, 2016, conduct a duly- advertised public hearing as prescribed
by law to consider said application, at which time evidence, both oral and written,
including a staff report were presented and received, and arguments were heard from
all interested parties appearing in the matter; and
WHEREAS, the findings of the Planning Commission recommending approval of
the proposed amendment to the Long Beach Boulevard Specific Plan are as follows:
1
1. The Specific Plan Amendment is necessary so that the Specific Plan can
more effectively fulfill its purpose by providing a base for economic vitality for
the future.
2. The proposed amendment is consistent with all elements of Lynwood General
Plan and with the intent of the Long Beach Boulevard Specific Plan.
3. The proposed amendment will not be detrimental to the public health, safety
or general welfare in those drive -thru facilities will be subject to approval of a
Conditional Use Permit.
4. The proposed Amendment is exempt from the California Environmental
Quality Act (CEQA) in accordance with Section 15061(b)(3) as defined by
Section 15378 of the CEQA Guidelines, because there is no possibility that
the activity (Amendment) will have a significant impact on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby
recommends that the City Council approve Amendment No. 1 (SPA 2016 -01) to the
Long Beach Boulevard Specific Plan, to permit drive -thru facilities for eating and
drinking establishments in Village III (Transit Village) and Village IV (Business Village),
subject to the approval of a Conditional Use Permit
PASSED, APPROVED and ADOPTED at a regular meeting of the Lynwood Planning
Commission held this gth day of February 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO CONTENT
Erika Ramirez, Interim Director
Department of Development, Compliance
and Enforcement Services
►a
Jorge Casanova, Chairperson
APPROVED AS TO FORM
David A. Garcia, City Attorney
Planning Commission Counsel
LONG BEACH BOULEVARD SPECIFIC PLAN
VILLAGE LOCATION PLAN
ti � V.IIs[sAa[dE' t�
'1
EXHIBIT A
SPECIFIC PLAN AMENDMENT NO. 2016-01
City elf LYNWOOD
-4 City . -umfag eltaQQP.ajR
11330 BULLIS ROAD
LVNW000. CALIFORNIA 90262
1310) 6010220
DATE: February 9, 2016
TO: Honorable Chair and Members of the Planning Commission
n
FROM: Erika Ramirez, Interim Director Department of Development, ; 14 --
Compliance and Enforcement Services
SUBJECT: Potential Solar Energy Development Standards
BACKGROUND:
On November 10, 2015 the Commission directed staff to gather information pertaining to
the development standards, and approval and permitting process of solar panels from
various cities for the purposes of comparing and evaluating the City of Lynwood's current
development standards and approval and permitting process.
On December 8, 2015 Staff provided the results to the Commission. A total of twelve
(12) jurisdictions were surveyed. These included the cities of Bell, Bellflower, Bell
Gardens, Calabasas, Downey, Hermosa Beach, Huntington Park, Irvine, Lakewood,
Santa Monica, South Gate and Los Angeles County. In addition, the Solar Rights Act
was summarized and presented.
On January 12, 1016 the Commission directed staff to draft development standards for
the Commission to use for discussion purposes and potentially to provide further
direction to staff.
DISCUSSION:
At the direction of the Planning Commission, staff has developed a set of draft solar
energy development standards that comply with the California Government Code
Section 65850.0(a). They are attached here as Exhibit "A ".
1
Exhibit A
25- 10 -14: Solar energy development standards.
Any proposed solar energy systems shall be incorporated into the design of a
structure as follows:
IGII
:l
C.
93
Roof - mounted solar collectors shall be placed in a location least visible from
the street and adjacent properties, without significantly reducing the operating
efficiency of the collectors. Wall- mounted and ground- mounted collectors shall
be screened from a public right -of -way;
Roof - mounted collectors shall be installed at the same angle or as close as
possible to the pitch of a roof. Solar energy systemrs may extend no more than
three (3) feet above the heights limits set forth in the zone;
Accessory equipment, particularly plumbing and related fixtures, should be
installed in attic space; and
Exterior surfaces of the collectors and related equipment shall have a non -
reflective finish and shall be color- coordinated to harmonize with roof materials
and other dominate colors of the structure.
E.
Solar Energy systems shall be erected in a secure, wind - resistant manner and
maintained in a good condition.
z