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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