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HomeMy Public PortalAboutA 2016-09-13 PLANNING COMMISSIONC,ly 0/ 1 LYNWOOD • - - j _ California 11330 Bullis Road Lynwood CA 90262 (310) 603 0220 PLANNING COMMISSION & PARKING &,BUSINESS'IMPROVEMENT' DISTRICT BOARD (PBIDB) -r p :.REGULAR- MEETING _ ; Tuesday,'September 13, 2016 = 6:00 P.M.- I CITY HALL "COUNCIL -CHAMBERS LYNWOOU1 CA 90262 • -- - - PLANNING COMMISSION & PBIDB RECEIVED Elizabeth Battle, Commissioner SEP 0 8 2016 Bill Younger, Commissioner Kenneth West, Vice -Chair CITY OF LYNWOOD Jorge Casanova, Chairperson ITY CLLE�R{�SS FFICE AGENDA 7 In Compliance with the Americans with Disabilities Act (ADA), if you are a disabled person and need a disability related modification or accommodation to participate in this meeting, please contact the City Clerk's Department at (310) 603 -0220 ext 214 or Fax (310) 223 -5121. Requests must be made as early as possible, and at least one full business day before the start of the meeting. Staff reports or other materials related to an item on this Agenda which are distributed to the Planning Commission less than 72 hours before this scheduled meeting shall be available for public inspection in the Development, Compliance and Enforcement Department/Planning Division office located at 11330 Bullis Road, Lynwood, CA 90262, during normal business hours. 1. CALL TO ORDER 2. CERTIFICATION OF AGENDA 3. ROLL CALL 1. Elizabeth Battle, Commissioner 2. Bill Younger, Commissioner 3. Kenneth West, Vice -Chair 4. Jorge Casanova, Chairperson Planning Commission & Parking & Business Improvement District Board Agenda September 13, 2016 Page 2 of 4 4. PLEDGE OF ALLEGIANCE S. APPROVAL OF MINUTES None 6. SWEARING IN OF SPEAKERS (City Clerk or Designee) 7. PUBLIC ORAL COMMUNICATIONS - REGARDING NON - PUBLIC HEARING AGENDA ITEMS (With respect to speakers addressing items listed under the heading of public hearing, you are asked to wait until the Chair formally opens the public hearing and the item is called) 8. NON - AGENDA PUBLIC ORAL COMMUNICATION (This time is reserved for members of the public to address the Planning Commission relative to matters that are not on the agenda. No action may be taken on non - agenda items unless authorized by law.) 9. PUBLIC HEARING(S) A. Request to consider Tentative Parcel Map 2016 -01 to subdivide one parcel's air space to allow three (3) detached condominiums on property located at 3304 Cedar Avenue, Lynwood, California. (Continued from August 30, 2016). I. Open Public Hearing ( M S ) II. Staff Report Presentation III. Public Testimony IV. Discussion V. Close Public Hearing VI. Call for the question /vote ( M S ) B. Request to consider Conditional Use Permit No. 2015 -02 to establish a banquet facility and a warehouse for storage purposes in an existing 31,500 square foot building on property located at 11901 Alameda Avenue, Lynwood, California. I. Open Public Hearing ( M_ II. Staff Report Presentation III. Public Testimony IV. Discussion V. Close Public Hearing VI. Call for the question /vote ( M. Planning Commission & Parking & Business Improvement District Board Agenda September 13, 2016 Page 3 of 4 C. Request to consider Zone Change No. 2016 -01 for property located at 11063 Wright Road, Lynwood, California, from M (Manufacturing) to R -3 (Multi - Family Residential). I. Open Public Hearing ( M S ) II. Staff Report Presentation III. Public Testimony IV. Discussion V. Close Public Hearing VI. Call for the question /vote ( M S D. Request to consider a Resolution recommending that the City Council amend Chapter 25 of the Lynwood Municipal Code relating to the permitted locations of Medical Cannabis Commercial Facilities. I. Open Public Hearing ( M_ II. Staff Report Presentation III. Public Testimony IV. Discussion V. Close Public Hearing VI. Call for the question /vote ( M, S-------) S ) 10. OLD BUSINESS None. 11. PLANNING COMMISISON /PBIDB ORAL COMMUNICATIONS 1. Elizabeth Battle, Commissioner 2. Bill Younger, Commissioner 3. Kenneth West, Vice Chair 4. Jorge Casanova, Chairperson 12. DIRECTOR COMMUNICATIONS 7 Planning Commission & Parking & Business Improvement District Board Agenda September 13, 2016 Page 4 of 4 13. ADJOURNMENT Next Regular Meeting is scheduled for October 11, 2016. APPROVED BY: Andre Dupr" erlm Director of Development, Compliance and Enforcement Services Lynwood Planning Commission ` �3fit City Qf �YNWOOD LED„ 1► ,�,�_.��. L.A Gty vt(cetUg C6aQPenyrs (� � � D I _ r 11330 BULUS ROAD LYNWOOD. CALIFORNIA 40262 (310) 603-0220 DATE: September 13, 2016 TO: Honorable Chair and Members of the Planning Commission FROM: Andre Dupret, Interim Director Department of Development, Compliance and Enforcement Services Karen Figueredo, Planning Associate SUBJECT: Tentative Parcel Map No. 2016 -01 to subdivide one (1) parcel's air space to allow three (3) detached condominiums. (Continued from August 30, 2016) APPLICANT: Raul Echemendia RECOMMENDED ACTION 1. DETERMINE that Tentative Parcel Map No. 2016 -01 is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15315 Minor Land Divisions. 2. ADOPT Resolution No. 3364 thereby approving Tentative Parcel Map No. 2016 -01 to subdivide one (1) parcel's air space to allow three (3) detached condominiums on property located at 3304 Cedar Avenue. PROJECT The applicant, Raul Echemendia, is requesting that the Planning Commission consider and approve Tentative Parcel Map No. 2016 -01 to subdivide one (1) parcel's air space to allow three (3) detached condominiums. The property is located at 3304 Cedar Avenue, further described as Assessor's Parcel Number 6168- 012 -012. BACKGROUND The Property is located on the south side of Cedar Avenue between Lindbergh Avenue and Alpine Avenue in the R -3 (Multi - Family Residential) zone. The Property is irregular in shape and totals approximately 9,160 square feet in area. As part of the subdivision, the applicant proposes to demolish the existing house and garage and create three (3) detached condominiums. The proposed condominiums are two -story in height with three (3) bedrooms and attached two -car garages. On August 30, 2016, the Planning Commission continued the item to the next regular schedule meeting. DISCUSSION The Subdivision Map Act, codified in Government Code Section 66400 et seq., governs subdivision tract and parcel maps. Under Section 25 -180 -2 of the Lynwood Municipal Code ( "LMC "), the provisions of the Subdivision Map Act relating to the review and approval of tentative, final, and parcel maps are applicable to the City. Per Section 66474, the Planning Commission cannot approve a tentative map if it finds any of the following: • That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451. • That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. • That the site is not physically suitable for the type of development. • That the site is not physically suitable for the proposed density of development. • That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. • That the design of the subdivision or type of improvements is likely to cause serious public health problems. • That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. Staff believes that none of the above applies to the Project and therefore the Planning Commission can approve the Tentative Map. Specifically, the following findings can be made: 1. The Tentative Map is consistent with the approved, applicable general and specific plans: The Tentative Map will result in the subdivision of the Property, one (1) parcel's air space to allow three (3) detached condominiums. The current zoning of R -3 (Multi - Family Residential) is consistent with the General Plan Land Use designation of residential for the Property. The Property will be improved with uses consistent with the goals and objectives of the General Plan. 2. The Property is physically suitable for the proposed type and density of development: E The Property will be developed with three (3) detached two -story condominiums with attached two -car garages. The condominiums conform to the density permitted within R -3 (Multi - Family Residential) zone. The proposed Project will also be compatible with the surrounding uses, as they consist of single and multi- family residential uses. 3. The design of the proposed improvements is not likely to cause environmental damage, substantially and avoidably injure fish or wildlife or their habitat, cause serious public health problems, or conflict with public easements: The Project will result in the development of the Property in an area that is fully developed. The Project will not be built on or near habitats of fish or wildlife. The Project will not cause serious health problems because the residential use is similar to the surrounding uses and permitted by the General Plan. There are no conflicting public easements on the Property. STAFF RECOMMENDATION Staff recommends that the Planning Commission take the following actions: DETERMINE That Tentative Parcel Map No. 2016 -01 is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15315 Minor Land Division. 2. ADOPT Resolution No. 3364 thereby approving Tentative Parcel Map No. 2016 -01 to subdivide one (1) parcel's air space to allow three (3) detached condominiums on the property located at 3304 Cedar Avenue. ATTACHMENTS: 1. Location Map 2. Aerial Photo 3. Resolution No. 3364 LOCATION MAP , M47 13140 ,(1 G aaQL.J30Lam_ .j' rf 1 ,ski '-tzm7 \�• .�`` o. � � z`= ,.��, +,✓` von! �.,•.! 8 %,J���?�b. 1 !. t x 12106 s 1209 12111 - { ;.2 11 '. \ 12135ji •., a /', ", . ' 4 ''�� � +. I. � ` �*I�r• yam^ �„ 4 AVenue AV 4. �;i x. Ak Ike RESOLUTION NO. 3364 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING TENTATIVE PARCEL MAP NO. 2016 -01 (74275) TO SUBDIVIDE ONE (1) PARCEL'S AIR SPACE TO ALLOW THREE (3) DETACHED CONDOMINIUMS ON PROPERTY LOCATED AT 3304 CEDAR AVENUE, ASSESSOR'S PARCEL NUMBER 6168 -012- 012 IN THE R -3 (MULTI- FAMILY RESIDENTIAL) ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. BE IT RESOLVED by the Planning Commission of the City of Lynwood as follows: A. Recitals 1. Raul Echemendia, property owner, has filed an application for issuance of Tentative Parcel Map No. 2016 -01 to subdivide one (1) parcel's air space to allow three (3) detached condominiums 3304 Cedar Avenue, Lynwood, California 90262 (APN: 6168 - 012 -012) in the County of Los Angeles. Hereinafter in this Resolution, the subject Tentative Parcel Map request is referred to as the "application ". This resolution supplements any previous approvals for this location. 2. On August 30, 2016, the Planning Commission opened a duly noticed public hearing on the application, but due to the absence of the applicant continued the item. 3. On September 13, 2016, the Planning Commission conducted a duly noticed public hearing on the application and concluded said hearing prior to the adoption of this Resolution. 4. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Lynwood as follows: 1. The Planning Commission hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Planning Commission during the above - referenced hearing, including written staff reports, verbal testimony, and development plans approved September 13, 2016, the Planning Commission hereby specifically finds as follows: a. The Tentative Map is consistent with the approved, applicable general and specific plans. The Tentative Map will result in the subdivision of a single parcel's air space to allow three (3) detached condominiums. The current zoning of R -3 (Multi - Family Residential) is consistent with the General Plan Land Use designation of residential for the Property. The Property will be improved with uses consistent with the goals and objectives of the General Plan. b. The Property is physically suitable for the proposed type and density of development. The Property will be developed with three (3) detached two -story condominiums with attached two car garages. The condominiums conform to the density permitted within R -3 (Multi - Family Residential) zone. The proposed Project will also be compatible with the surrounding uses, as they consist of single and multi - family residential uses. c. The design of the proposed improvements is not likely to cause environmental damage, substantially and avoidably injure fish or wildlife or their habitat, cause serious public health problems, or conflict with public easements. The Project will result in the development of the Property in an area that is fully developed. The Project will not be built on or near habitats of fish or wildlife. The Project will not cause serious health problems because the residential use is similar to the surrounding uses and permitted by the General Plan. There are no conflicting public easements on the Property. In view of all the evidence and based on the foregoing findings and conclusions, the Planning Commission approves Tentative Parcel Map No. 2016 -01 subject to the following conditions: 1. The City has determined that City, its employees, agents and officials should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, expense, attorney fees, litigation expenses, court cost or any other cost arising out of or in any way related to the issuance of this Tentative Parcel map, or the activities conducted pursuant to this Tentative Parcel Map. Accordingly, to the fullest extent permitted by law, Raul Echemendia and his representative(s), or his successors shall defend, indemnify and hold harmless the City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitrations proceedings, regulatory proceedings, losses, expenses or cost of any kind, whether actual, alleged or threatened, including, but not limited to, actual attorney fees, litigation expenses and court costs of any kind without restriction or limitation, incurred in relation to, as a consequence of arising out of or in any way attributable to, actually, allegedly or impliedly, in whole or in part , the issuance of the Tentative Parcel Map, or the activities conducted pursuant to this Tentative Parcel Map. Raul Echemendia, and his representative (s), or his successors shall pay such obligations as they 2 are incurred by City, its employees, agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in such amount as the City reasonably determines necessary to protect the City from exposure to fees, costs or liability with respect to such claim or lawsuit. 2. The project shall comply with all regulations of the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code, other City Departments and applicable State and Federal regulations. 3. Within twenty -four (24) months, after approval or conditional approval of the Tentative Parcel Map, the subdivider shall file with the City of Lynwood, a Parcel Map in substantial conformance with the Tentative Parcel Map as conditional approval, and in conformance with the Subdivision Map Act and the Subdivision Regulations of the City of Lynwood. 4. No grading permit or building permit shall be issued prior to recordation of the Parcel Map or another appropriate instrument approved by the City of Lynwood, in conformance with the Subdivision Map Act of the State of California and the Subdivision Regulations of the City of Lynwood. 5. Extension of the Tentative Parcel Map approval shall only be considered if the applicant or his /her representative, submits a written request for extension to the Department of Development, Compliance and Enforcement Services stating the reasons for the request, at least thirty (30) days before map approval is due to expire, pursuant to, and in compliance with, Section 25 -18 of the subdivision regulations of the City of Lynwood. 6. All appeals must be brought within ten (10) working days of the date of the final action by the Planning Commission. 7. Failure to abide by and faithfully comply with any and all conditions attached to this approving action shall constitute grounds for the revocation of said action by the Lynwood Planning Commission. 8. The applicant shall prepare Covenants, Conditions, and Restrictions (CC &Rs) for City review and approval that are applicable to all owners and occupants of the property site. The CC &R's shall be approved by the City and recorded on the property title prior to approval of the final map. 9. Prior to final map approval, the applicant shall create a property owners' association (association) consistent with State law requirements to ensure effective management and maintenance of the property. The association shall be operated by a qualified professional property management company, hired by the association, which shall be responsible for continual maintenance of all common areas, including, but not limited to, parking lots, landscaping, plumbing, fire protection water systems, wiring, trash enclosures, utility areas, utility charges, 3 vehicular and pedestrian circulation areas, exteriors of the buildings, facades, and roofs. The association shall also be responsible for maintaining shared water facilities, including payment of water - related charges. 10. Initially, the applicant shall establish the association with adequate financial reserves to maintain major site components (e.g., common area), ensure for continued operation of the site within accepted professional standards, and provide adequate and appropriate assessment procedure for said continuing obligation. The provisions of this condition shall be incorporated into the CC &R's recorded on the project site. 11. The CC &Rs shall require that the property management association operate the site as a unified, well maintained, and cohesively operated property. Exterior renovations, remodeling, and site improvements shall be undertaken in a comprehensive manner, including consistent architecture and design on all facades and roofs. This provision shall be incorporated into the CC &Rs recorded on the project site. Department of Public Works 12. A permit from the Engineering Division is required for all off -site improvements. 13. No final sign off shall be given until all conditions of approval from the Public Works Department have been completed. 14. THE FOLLOWING CONDITIONS SHALL BE SUBMITTED PRIOR TO RECORDING A SUBDIVISION MAP. 14.1 All conditions of the State Subdivision Map Act and the City's subdivision Ordinance must be met prior to recordation. All matters and improvements shall be consistent with the ordinances, standards, and procedures of the City's Development Standards, Engineering Procedures and Standards, Water Standards, and Planting Standards of the Department of Public Works, Parks and Recreation. The Developer is responsible for checking with staff for clarification of these requirements. 14.2 Submit a Subdivision Guarantee to the Department of Public Works /Engineering Division. The final map shall be based on a field survey. All surveying for the proposed development will be done by the Developer, including the establishment of centerline ties if any. Enclosed with the final map is the surveyor's closure sheets. 4 14.3 Developer shall pay all applicable development fees including drainage, sewer and water prior to issuance of any building permits. All special assessments and utilities or sewer connection fees are to be paid prior to recording the final map. All requirements to the serving of utilities are to be met or guaranteed prior to recording of the final map. 14.4 Pay Parcel Map checking fees prior to checking. 15. THE FOLLOWING CONDITIONS SHALL BE SUBMITTED PRIOR TO ISSUING A BUILDING PERMIT. 15.1 A grading plan signed by a registered Civil Engineer shall be submitted for the approval of the Director of Public Works /Engineering Division. The grading plan shall include topography of all contiguous properties and street and shall provide for the methods of drainage in accordance with all applicable City Standards. Retaining walls and other protective measures may be required. Off -site drainage easements may be necessary. The structural section of all parking areas shall be designated by a Civil Engineer based upon soil analysis supplied by a recognized and approved soil engineering firm. The structural section shall be approved by the Director of Public Works /Engineering Division. In the event that the design is not provided, the minimum structural section that will be approved by the Director of Public Works /Engineering Division would be 2 inches of asphalt on 4 inches on untreated rock base. Submit to the Department of Public Works /Engineering Division a Geological /Soil Report signed by a Registered Soil Engineer, 16. THE FOLLOWING CONDITIONS SHALL BE SUBMITTED PRIOR TO ISSUING THE CERTIFICATE OF OCUPANCY. 16.1 The developer shall be provided with public sewer. Connect to public sewer. Provide laterals as necessary. Design of all sanitary sewers shall be approved by the Director of Public Works /Engineering Division. 16.2 All required water meters, meter service changes and /or fire protection lines shall be installed by the developer. The new meter shall be Automatic Meter reading type (Smart Meter). That offers pulse output or a radio interface, and shall be approved by the Department of Public Works prior to installation. Each building shall be connected separately. The work shall be performed by a licensed contractor hired by the developer. The contractor must obtain a permit from the Department of Public Works /Engineering Division prior to performing any work. Any and all W existing water service line less than one (1) inch in diameter shall be abandoned at the water main line per City instructions. Each building /tenant shall have its own water service /meter. 16.3 Design, configuration and location of sidewalk shall be subject to approval by the Director of Public Works /Engineering Division, and the Special Assistant of Development Services. Ramps, for physically handicapped persons, shall be provided both on -site and off -site as required by State and local regulations. 16.4 Reconstruct full width of sidewalk along Cedar Avenue. Per S.P.P.W.C. STD. DWG. 113 -2. 16.5 Remove round curb and construct new curb only along property frontage per S.P.P.W.C. STD. DWG. 120 -2, Al -6 (150). 16.6 Reconstruct damaged and substandard drive approach per S.P.P.W.C. STD. DWG. 110 -2 TYPE A (to be used for ingress and egress as shown on the site plan). 16.7 The minimum distance between the garage or parking spaces and back of sidewalk or fence is twenty -five (25) feet. 16.8 Connect to public sewer. A private sewer main shall be installed in the private driveway connecting to the public sewer. Building sewer laterals shall be connected separately to this main from the house. A cleanout or manhole structure as required shall be installed separately. Construct laterals as necessary. Minimum size required is eight (8) inches when connecting to an existing lateral, a City approved contractor shall verify the size of such lateral and shall provide proof of its integrity by providing a video tape of the lateral to the Department of Public Works /Engineering Division. Videotaping and verification of sewer lateral size and conditions must be done in the presence of a City Engineer /Inspector. Any and all existing sewer laterals less than six (6) inches in diameter shall be abandoned at the property line per City instructions. 16.9 Underground all new utilities. 16.10 Underground existing utilities if any modifications are proposed for the electrical service panel. 16.11 All Edison vaults and structures shall be per SCE instructions. 16.12 This development is subject to the City's Standard Urban Stormwater Mitigation Plan Ordinance (SUSMP). Pursuant to Section 14.13 of the City of Lynwood Municipal Code relating to the control of pollutants carried by 6 stormwater runoff, structural and /or treatment control best management practices (BMP's). A maintenance agreement for the Standard Urban Stormwater Mitigation Plan (SUSMP) shall be signed by the owner(s) and submitted to the Department of Public Works /Engineering Division, prior to issuance of a building permit. Fire Prevention 17. Review and approval by the County of Los Angeles Fire Department, Fire Prevention Engineering Section Building Plan Check Unit, may be required for this project prior to building permit issuance. Contact the Fire Prevention Engineering Section Plan Check Office, checked below, for specific submittal requirements for this project. Fire Prevention Commerce Office 5823 Rickenbacker Road Commerce, CA 90040 (323) 890 -4125 18. Final approvals from the Los Angeles County Fire Department must be obtained prior to issuance of any building permits. APPROVED this 13`h day of September, 2016 by members of the Planning Commission, voting as follows: YES: NOES: ABSENT: ABSTAIN: Andre Dupret, Interim Director of Development, Compliance and Enforcement Services Lynwood Planning Commission VA y City of LYNWOOD Yg �! vA Cog LAhetug CGaffiagrs 11330 BULLS ROAD I LYNWOOD. CALIFORNIA 90282 (310) 6030220 DATE: September 13, 2016 TO: Honorable Chair and Members of the Planning Commission FROM: &7Andre Dupret, Interim Director Department of Development, Compliance and Enforcement Services Karen Figueredo, Planning Associate SUBJECT: Conditional Use Permit No. 2015 -02 to establish a banquet facility. APPLICANT: Nayib Chaibun RECOMMENDED ACTION 1. DETERMINE that Conditional Use Permit No. 2015 -02 is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Alteration of Existing Facilities /Structures. 2. ADOPT Resolution No. 3345 approving Conditional Use Permit No. 2015 -02 to establish a banquet facility on property located at 11901 Alameda Avenue. BACKGROUND The applicant Nayib Chaibun is requesting that the Planning Commission consider and approve Conditional Use Permit No. 2015 -02 to establish a banquet facility. The property is located at 11901 Alameda Avenue, further described as Assessor's Parcel Number 6150 - 037 -044. The Property is located on the west side of Alameda Avenue between 1 -105 Freeway and Industry Way in the M (Manufacturing) zone. The Property is irregular in shape and totals approximately 2.37 acres in area and is developed with an existing 31,500 square foot warehouse used for storage purposes. 1 DISCUSSION The applicant proposes to establish a banquet facility within a portion of the existing warehouse building. All banquet events and activities shall be limited to a total area of 5,560 square feet as identified on the submitted plans. The parking lot layout consists of 131 regular parking stalls, and five (5) handicapped parking stalls. Part of the project consists of a fagade improvement and an addition to the existing warehouse. This part of the project will be reviewed administratively by staff through the Site Plan Review process. The banquet facility consists of an open dance /assembly area with a dance area exclusively for banquet events, two restrooms in compliance with ADA requirements, two- counter areas for beverages and food. The sales and /or consumption of alcoholic beverages are strictly prohibited. The applicant shall apply for a separate Conditional Use Permit in order to obtain a liquor license. LMC Section 25 -130.5 sets forth five (5) findings the Planning Commission must make in order to approve a Conditional Use Permit. The following is a summary of findings, followed by staff determinations: 1. That the proposed Conditional Use is consistent with the General Plan. The proposed banquet facility is a use that is consistent with the City's General Plan. Goal LU -2 of the General Plan encourages land use planning that accommodates the City's needs for goods and services. A banquet facility provides an entertainment and gathering option for the City's residents, business and manufacturing communities along the Alameda Corridor, which currently lacks viable banquet facility options. Additionally, the banquet facility will be family- oriented and open to all age groups. 2. That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures. The proposed Conditional Use Permit will not have an adverse affect on surrounding properties as a detailed list of Conditions of Approval have been prepared in conjunction with the Department of Development, Compliance and Enforcement Services, Public Works, and the Fire Department. Proposed conditions of approval include requirements for the implementation of a security and on -site traffic plan, providing additional on- 2 site lighting, restricted hours of operation and the installation and placement of anti - loitering signage throughout the subject property. 3. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. The subject property is approximately 2.37 acres in size, which is adequately sized to allow the operation of a banquet facility. The applicant is proposing to renovate and remodel the fagade and as well as provide overall site improvements including increased lighting and landscaping. 4. That the proposed conditional use complies with all applicable development standards of the zoning district. The proposed general banquet facility will not be detrimental to persons residing or working in the area as a result of placing conditions of approval on Conditional Use Permit No. 2015 -02. The conditions of approval includes restriction on the hours of operation, that events shall be conducted within the building at all times, and that no outside storage is allowed. In addition, any proposed tenant improvements will be plan- checked and inspected by the City's Building Division to ensure compliance with applicable Building and Safety Codes. 5. That the proposed conditional use observes the spirit and intent of this Zoning Code. The Manufacturing Zone provides for a variety of related uses, such as dance hall, club, conference or convention centers, as well as places of public assembly. The LMC permits banquet facilities within the Manufacturing Zone subject to the issuance of a Conditional Use Permit. STAFF RECOMMENDATION Staff recommends that the Planning Commission take the following actions: 1. DETERMINE that Conditional Use Permit No. 2015 -02 is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 Alterations of Existing Facilities /Structures. 2. ADOPT Resolution No. 3345 thereby approving Conditional Use Permit No. 2015 -02 to establish a banquet facility on the property located at 11901 Alameda Avenue. 3 ATTACHMENTS: 1. Location Map 2. Aerial Photo 3. Resolution No. 3345 4 r- LOCATION MAP E 113th St VvvaS v_!'0e�n �r `' Wooaq` Lns Flores 8tyd W 0 = . to Ell 4111 St a e Q 6 c a Oakwood Ave E 115th SL ° m Y1 \R.pe0al Hwy Hercules Burgers 1 St E 1151h Pl �Impenal Hw.y �_ _ ,, F elnk,00 Beechwood Ave *a_ns^glengn Berg r ��e u m. C ems` e; L v Century ine Facility C 'tit -�`" ' Detention Facility - � � - �E ��; i 4 52 =1 LA County Sheriffs Department - Century ... R. y 3 . m Flo4yersl Industry 'Nay c ria Trading Corporation a —'',- Lynwood Rd Lynwood Rd F Jenin Home Fashion s m m � . Lynw" ° E 119th St 11901 Alameda Street - N w -' o Louise S d � � m Indusiry'NaY y Butler Ave N h St 3 � JOSeohr m- a _ m N Vl! srnla h4ona Park Dr. Ralph Bunche Middle School''' E Dixan St Martin Luther King Elementary Reddaway a Cedar,i , 5 r C. ,W .�." .. t � w _s'r %'• ail " 'any. vvfflm t eS +�K L � r t i pox i 0 t �L 0 IM F �« 3L 0 IM RESOLUTION NO. 3345 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2015 -02, A REQUEST TO ESTABLISH A BANQUET FACILITY. THE PROPERTY IS LOCATED AT 11901 ALAMEDA AVENUE ASSESSOR'S PARCEL NUMBER 6150 - 037 -044 IN THE M (MANUFACTURING) ZONE AND HAS A GENERAL PLAN DESIGNATION OF COMMERCIAL, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. BE IT RESOLVED by the Planning Commission of the City of Lynwood as follows: A. Recitals 1. Nayib Chaibun, applicant, 11901 Alameda Avenue, Lynwood, CA 90262 has filed an application for issuance of Conditional Use Permit No. 2015 -02 to establish a banquet facility at 11901 Alameda Avenue, Lynwood, California 90262 (APN: 6150 -037- 044) in the County of Los Angeles. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as the "application ". This resolution supplements any previous approvals for this location. 2. On September 13, 2016, the Planning Commission conducted a duly noticed public hearing on the application and concluded said hearing prior to the adoption of this Resolution. 3. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Lynwood as follows: 1. The Planning Commission hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to the Planning Commission during the above - referenced hearing, including written staff reports, verbal testimony, and development plans dated September 13, 2016, this Planning Commission hereby specifically finds as follows: a. That the proposed Conditional Use is consistent with the General Plan. The proposed banquet facility is a use that is consistent with the City's General Plan. Goal LU -2 of the General Plan encourages land use planning that accommodates the City's needs for goods and services. A banquet facility provides entertainment and gathering options to the City's residents, business and manufacturing communities along the Alameda Corridor, which currently lacks these viable establishments. Additionally, the banquet facility will be family- oriented and open to all age groups. b. That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures. The proposed Conditional Use Permit will not have an adverse affect on surrounding properties as a detailed list of Conditions of Approval has been prepared in conjunction with the Department of Development Compliance and Enforcement Services including Public Works, and the Fire Department. Proposed conditions of approval include requirements for the implementation of a security and on -site traffic plan, providing additional on -site lighting, restricted hours of operation and the installation and placement of anti - loitering signage throughout the subject property. c. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. The subject property is approximately 2.37 acres in size, which is adequately sized to allow the operation of a banquet facility. The applicant is proposing to renovate and remodel the facade as well as provide overall site improvements including increased lighting and landscaping. d. That the proposed conditional use complies with all applicable development standards of the zoning district. The proposed general banquet facility will not be detrimental to persons residing or working in the area as a result of placing conditions of approval on Conditional Use Permit No. 2015 -02. The Conditions of Approval includes restriction on the hours of operation, that events shall be conducted within the building at all times, and that no outside storage is allowed. In addition, any proposed tenant improvements will be plan checked and inspected by the City's Building Division to ensure compliance with applicable Building and Safety Codes. e. That the proposed conditional use observes the spirit and intent of this Zoning Code. The Manufacturing zone provides for a variety of related uses such as dance hall, club, conference or convention centers, as well as places of public assembly. The LMC permits banquet facilities within the Manufacturing zone subject to the issuance of a Conditional Use Permit. 2 In view of all the evidence and based on the foregoing findings and conclusions, the Planning Commission approves Conditional Use Permit No. 2015 -02 subject to the following conditions: 1. The City has determined that City, its employees, agents and officials should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, expense, attorney fees, litigation expenses, court cost or any other cost arising out of or in any way related to the issuance of this Conditional Use Permit, or the activities conducted pursuant to this Conditional Use Permit. Accordingly, to the fullest extent permitted by law, Nayib Chaibun, and his representative(s), or his successors shall defend, indemnify and hold harmless the City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitrations proceedings, regulatory proceedings, losses, expenses or cost of any kind, whether actual, alleged or threatened, including, but not limited to, actual attorney fees, litigation expenses and court costs of any kind without restriction or limitation, incurred in relation to, as a consequence of arising out of or in any way attributable to, actually, allegedly or impliedly, in whole or in part, the issuance of the Conditional Use Permit, or the activities conducted pursuant to this Conditional Use Permit. Nayib Chaibun, and his representative(s), or his successors shall pay such obligations as they are incurred by City, its employees, agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in such amount as the City reasonably determines necessary to protect the City from exposure to fees, costs or liability with respect to such claim or lawsuit. 2. The subject property shall be maintained and operated in full compliance with the conditions of this approval and any law, statute, ordinance or other regulations applicable to any development or activity on the subject property. Failure of the applicant or his successors to cease any development or activity not in full compliance shall be a violation of these conditions. Any violation of the conditions of approval may result in the revocation of this approval. 3. All current and future tenants /owners shall accept the conditions of this Conditional Use Permit by executing the Affidavit of Acceptance provided by the Department of Development, Compliance and Enforcement Services. 4. The City reserves the right to further review the Conditional Use Permit and Conditions of Approval should complaints be received from adjacent residents /tenants or should the number of incidents reported to the Sheriffs Department exceed the number expected in this type of development. 5. The project shall comply with all regulations of the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code, other City Departments and applicable State and Federal regulations. 3 6. Any subsequent modification of the subject site or structures thereon shall be first reported to the Department of Development, Compliance and Enforcement Services, Planning Division, for review. 7. Conditions of approval shall be printed on the plans prior to submission to the Building and Safety Division for plan- check. 8. Prior to plan -check submittal, the applicant shall sign a Statement of Acceptance stating that they have read, understand, and agree to all conditions of this approval prior to issuance of any building permits. 9. Prior to permit issuance, the applicant shall pay all City of Lynwood fees including Development Impact Fees and Art in Public Places fees. 10. The Conditional Use Permit approval shall lapse and become void one (1) year from the date (September 13, 2016) of this document unless all conditions of said permit are met and a building permit is issued or substantial progress has been made toward establishing this use. 11. All appeals must be brought within ten (10) working days of the date of the final action by the Planning Commission. Department of Development Compliance and Enforcement Services /Planning Division 12. The Project shall be substantially compliant with plans approved by the City of Lynwood Planning Commission approved September 13, 2016 and on file in the Department of Development, Compliance, & Enforcement Services, Planning Division. 13. All banquet events and activities shall be limited to a total area of 5,560 square feet as identified on the approved plans. 14. The parking lot layout will consist of 131 regular parking stalls, and 5 handicapped parking stalls designated for the banquet facility to be implemented free of charge. 15. All required parking areas shall be designated and have bumper guards per the approved plan and such parking areas shall be well lighted and secured as to prevent loitering and public nuisances. 16. Delineate path of travel regarding ADA requirement and access guidelines. 17. The sales of alcoholic beverages for consumption on and /or off the premises are strictly prohibited. 18. Any music or noise shall conform to the City of Lynwood's Noise Ordinance. n 19. No person or persons shall reside on the premises at any time. 20. A special permit from the City Council of the City of Lynwood is required for all live entertainment and dancing. No live entertainment is allowed without approval. 21. There shall be no outdoor music, outdoor events or outdoor dancing. 22. The project approval is limited to a banquet facility that is open to all ages. The operation of a night -club or an exclusive dance hall is prohibited. The subleasing of the banquet facility to promoters in order to operate a night -club is strictly prohibited. 23. Events in the banquet facility shall be limited to private engagements including weddings, anniversaries, business meetings and conventions. There shall be no "door fee ", "cover- charge" or related entrance fee into the banquet facility. 24. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's Adult Entertainment Ordinance. 25. No commercial truck parking is allowed during banquet hall working hours. 26. Prior to operating the business, the applicant shall obtain a City of Lynwood business license. Such business license shall be kept current and up to date. 27. No outside storage of supplies is permitted, no obstruction of vehicle access or parking areas is allowed. The applicant shall not store junk, trash, debris, inoperable cars, wrecked cars, or car parts outside the building. 28. A trash enclosure shall be provided and consist of solid block on three (3) sides, a minimum of five feet (5') in height, with a sight- obscuring door. Trash enclosure shall be located so as not to block vehicle access or parking areas and is to be accessible to the solid waste company. 29. The business shall be in compliance with the City Noise Ordinance, Chapter 3 -13 of the Lynwood Municipal Code. 30. The installation of flags, A- frames or painted signs on the subject property is prohibited. 31. The applicant shall maintain all exterior lighting within the subject property; any artificial lighting shall be installed to reflect away from adjoining properties. W 32. The applicant shall post signs within and around the subject property stating that "Loitering is strictly prohibited." 33. The applicant shall be responsible for maintaining the premises free of graffiti. Any graffiti must be removed within 24 hours of its appearance. 34. Window displays must be kept to a minimum to allow for maximum visibility and shall not exceed 25 percent of window coverage. 35. Any proposed subsequent modification of the Project site, structures thereon or hours of operation shall be first reported to the Department of Development, Compliance & Enforcement Services for review prior to any modification. 36. Failure to abide by and faithfully comply with any and all conditions attached to this approving action shall constitute grounds for the revocation of said action by the Lynwood Planning Commission. Building & Safety Division 37. All construction shall meet or exceed the minimum building standards that are referenced in the following codes. *The California Building Code - 2014 edition • The California Plumbing Code - 2014 edition •The California Mechanical Code - 2014 edition • The Los Angeles County Fire Code — 2014 edition •The California Electrical Code — 2014 edition In cases where the provisions of the California Building Code, the City of Lynwood Municipal Code, or the plans or specifications in these plans may conflict, the more restrictive provisions shall govern. Department of Public Works 38. A permit from the Engineering Division is required for all off -site improvements. 39. No final signoff shall be given until all conditions of approval from the Public Works Department have been completed. 40. THE FOLLOWING CONDITIONS SHALL BE SUBMITTED PRIOR TO ISSUING A BUILDING PERMIT: 40.1 Provide documentation that lots composing the property were legally tied together to the satisfaction of the Department of Public Works /Engineering Division which may require the 2 submission and recordation of parcel map /tract map or lot merger. 40.2 Submit a copy of property deed or recent title report to the Department of Public Works /Engineering Division prior to issuance of building permits. 40.3 Submit a drainage plan. Drainage plan will be checked by the Department of Public Works /Engineering Division. No building permits will be issued prior to the approval of a drainage plan by the City Engineer (See Engineering Division for standard plan requirements). 40.4 This project may be subject to the City of Lynwood's Construction and Demolition Ordinance. Determination shall be made upon submittal of the project's cost estimate to the Department of Public Works. Building permits and /or demolition permits shall not be issued until developer /project owner contacts the Department of Public Works, Engineering Division. 40.5 Submit a commercial trucks (40 tons and over) circulation template and dimensions. After reviewing the documents, the Department of Public Works /Engineering Division may require the submission and recordation of parcel /tract map or lot merger. 40.6 Submit a copy of property deed or recent title report to the Department of Public Works /Engineering Division prior to issuance of building permits. 40.7 Submit a drainage plan. Drainage plan will be checked by the Department of Public Works /Engineering Division. No building permits will be issued prior to the approval of a drainage plan by the City Engineer (see Engineering Division for standard plan requirements). 40.8 This project may be subject to the City of Lynwood's Construction and Demolition Ordinance. Determination shall be made upon submittal of the project's cost estimate to the Department of Public Works. Building permits and /or demolition permits shall not be issued until developer /project owner contacts the Department of Public Works, Engineering Division. 7 40.9 Submit a commercial trucks (40 tons and over) circulation template and dimensions. 40.10 No commercial trucks (40 tons and over) parking allowed during banquet hall working hours. 41. THE FOLLOWING CONDITIONS SHALL BE SUBMITTED AND APPROVED PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY. 41.1 Reconstruct damaged sidewalks in front of property per S.P.P.W.C. STD. DWG. 113 -2 and per City Engineer's instruction. 41.2 Reconstruct damaged curb and gutter and construct new curb and gutter and asphalt pavement along property frontage per S.P.P.W.C. STD. DWG. 120 -2, A2 -6 in front of property and per City Engineer's instructions. 41.3 Reconstruct damaged and /or substandard drive approach(es) per S.P.P.W.C. STD. DWG. 110 -2 TYPE C and as directed by the City Engineer (to be used for ingress and egress as shown on the site plan). 41.4 Connect to public sewer. Each building shall be connected separately. Construct laterals as necessary. Minimum size required is six (6) inches when connecting to an existing lateral, a City approved contractor shall verify the size of such lateral and shall provide proof of its integrity by providing a video tape of the lateral to the Department of Public Works /Engineering Division. Videotaping and verification of sewer lateral size and conditions must be done in the presence of a City Engineer /Inspector. Any and all existing sewer laterals less than six (6) inches in diameter shall be abandoned at the property line per City instructions. 41.4 Reconstruct damaged parking lot pavement 41.5 Tree trim and root prune two (2) existing street tree(s) and install 24" root barriers in front of property. 42.6 Install double head lights with fixture in front of the property and underground service and conduits. Exact location shall be determined by the City Engineer. 41.7 Underground all new utilities. M 41.8 Underground existing utilities if any modifications are proposed for the electrical service panel. 41.9 All Edison vaults and structures shall be placed underground. Fire Prevention 42. Review and approval by the County of Los Angeles Fire Department Fire Prevention Engineering Section Building Plan Check Unit may be required for this project prior to building permit issuance. Contact the Fire Prevention Engineering Section Plan Check office checked below for specific submittal requirements for this project. Fire Prevention Commerce Office 5823 Rickenbacker Road Commerce, CA 90040 (323) 890 -4125 43. The County of Los Angeles Fire Department Fire Prevention Land Development Unit has no objection to the establishment of a banquet hall facility. The tenant improvements, new structure, and change of use for the proposed development shall be submitted for review and approval to the County of Los Angeles Fire Department Fire Prevention Building Plan -Check Unit for review and approval. APPROVED this 13th day of September 2016 by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: Andre Dupret, Interim Director of Development, Compliance and Enforcement Services Lynwood Planning Commission 0 DATE: TO: FROM: SUBJECT: APPLICANT: City Ctf LYNWOOD � 11330 BULLIS ROAD LYNWOOD. CALIFORNIA 90262 (310) 60.10710 September 13, 2016 Honorable Chair and Members of the Planning Commission Andre Dupret, Interim Director of Development, Compliance and Enforcement Services Mike Poland, Planning Manager Zone Change (ZC) No. 2016 -01 City of Lynwood RECOMMENDED ACTION: 1. RECOMMEND that the City Council recognize that Zone Change (ZC) No. 2016 -01 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 Zone Change (ZC) No. 2016 -01. PROJECT: City initiated request to consider rezoning a 9,626 square foot parcel located at 11063 Wright Road, Lynwood, California, from M (Manufacturing) to R -3 (Multi - Family Residential). The property is further described as Assessor's Parcel Number 6194 -028- 009. BACKGROUND: In January 1979, the City issued a building permit for the construction of an industrial use building at the rear of the property even though the property had an R -3 (Multi - Family Residential) zoning designation. In January 1980, the property owner at that time (Mr. Henry Bigos) was notified by City staff that the building permit was issued in error in that industrial buildings /uses are not permitted in the R -3 (Multi - Family Residential) zoning district. On February 12, 1980, Mr. Bigos submitted an application for a Zone Change to change the zoning from R -3 (Multi - Family Residential) to M (Manufacturing). On April 8, 1980, the Lynwood Planning Commission held a public hearing to consider Mr. Bigos' zone change request. The Planning Commission's deliberations on the zone change involved the matter of placing conditions on the development. However, in that a zone change cannot be conditional, the Planning Commission directed Mr. Bigos to file a Conditional Use Permit (CUP) to legally allow the industrial building. On May 13, 1980, the Planning Commission approved the CUP and recommended that the City Council approve the Zone Change for the property from Multi - Family Residential to Manufacturing followed by City Council action on June 17, 1980. DISCUSSION: The current issue with the property, based on the actions referenced above, is that even though the property has a current zoning designation M (Manufacturing), the General Plan Land Use designation was never changed for the property and as a result remains to this day as Residential -High Density (R -3). The Residential -High Density designation allows multi - family residential apartment, condominium and single - family attached unit developments with a maximum density of 18 units per acre. The Manufacturing district allows for a wide range of industrial uses, including light and heavy industrial and manufacturing uses. The City of Lynwood's General Plan and Zoning Ordinance contain text and maps that specify development standards and the proposed location of uses for the City. According to the State Planning and Zoning Laws, the development standards and uses specified for all land use categories in the Zoning Ordinance including density, lot size, height, and the like, must be consistent with the development standards and uses specified in the General Plan's text and diagram of proposed land uses. State Planning and Zoning Law requires that every zoning action, such as adoption of new zoning ordinance text or the amendment of a zoning ordinance map, must be consistent with the General Plan. A Zoning Ordinance that is inconsistent with the General Plan at the time it is enacted is actually "invalid when passed." Also, when a general plan amendment makes the zoning inconsistent, the zoning must be changed to re- establish consistency. State Planning and Zoning Law also requires that when a zoning action is approved, it must be appropriate and consistent with all elements of the General Plan. This includes not only the land uses and development standards, but also the transportation, safety, open- space, and other objectives and policies contained in the plan. Regarding the industrial building located in the rear of the property that was wrongfully permitted, the City will discuss with the property owner the possibility of an appropriate amortization period for it to remain. ZC 2016 -01 2 PC Agenda Report ENVIRONMENTAL STATUS: The project or activity identified below is determined to be exempt from further environmental review requirements of the California Environmental Quality Act (CEQA) of 1970, as defined in the State and County Guidelines for the implementation of CEQA. Section 15061(b)(3) of the "Guidelines for Implementation of California Environmental Quality Act" states that a project is exempt if, "The activity is covered by the general rule that CEQA applies only to projects which have the potential to cause a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." The consistency Rezone is exempt from CEQA under Section 15061(b)(3) because it is a legislative action and there is no potential for a significant effect on the environment. PUBLIC NOTIFICATION: A legal notice was published in the Daily Journal on September 2, 2016, and notices were sent to the property owner of the project site as well as property owners of record within a 300 foot radius of the perimeter of the property. As of September 7, 2016, staff has received no comments in support or opposition to the request. ATTACHMENTS: 1. PC Resolution No. 2016- 2. Assessor's Map of Site 213. Existing Zoning Map 3. Aerial Photograph of Site 4. Street View of Site ZC 2016 -01 3 PC Agenda Report ATTACHMENT NO. 1 RESOLUTION NO. 3365 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD RECOMMENDING TO CITY COUNCIL APPROVAL OF REZONING OF PROPERTY LOCATED AT 11063 WRIGHT ROAD, LYNWOOD, CALIFORNIA, FROM M (MANUFACTURING) TO R -3 (MULTI- FAMILY RESIDENTIAL) ASSESSOR'S PARCEL NUMBER 6194- 028 -009. WHEREAS, the Lynwood General Plan's fundamental land use and development policy document, identifying how the community will grow and conserve its resources, is the primary document used to implement the land use and development policies contained in the General Plan; and WHEREAS, the City has initiated a Zone Change to rezone property located at 11063 Wright Road (the "Property"), Assessor's Parcel Number 6194 - 028 -009, from M (Manufacturing) to R -3 (Multi - Family Residential), in accordance with the City of Lynwood Municipal Code; and WHEREAS, it is necessary to amend the Zoning Ordinance, including the Zoning Map of the City of Lynwood, to implement the land use and development policies contained in the General Plan relating to this parcel; and WHEREAS, after a public hearing, the Planning Commission of the City of Lynwood believes that the present classification of the Property is not appropriate and that rezoning is required for public convenience, necessity and general welfare; and WHEREAS, the Planning Commission recommends that the Zone Change be found to be exempt from further environmental review requirements of the California Environmental Quality Act (CEQA) of 1970, as defined in the State and County Guidelines for the implementation of CEQA. Section 15061(b)(3) of the "Guidelines for Implementation of California Environmental Quality Act" states that a project is exempt if, "The activity is covered by the general rule that CEQA applies only to projects which have the potential to cause a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." The consistency Rezone is exempt from CEQA under Section 15061(b)(3) because it is a legislative action and there is no potential for a significant effect on the environment; and WHEREAS, a legal notice was published in the Daily Journal and notices were sent to the property owner of the project site as well as property owners of record within a 300 foot radius of the perimeter of the property in accordance with the requirements set forth in the Lynwood Municipal Code; and WHEREAS, the Planning Commission considered the application at its regular meeting on September 13, 2016. Prior to taking action on the application, the Planning Commission received written and oral reports by the Staff, and received public testimony; and WHEREAS, the Planning Commission finds that the proposed zoning amendment is consistent with the General Plan policies and would have no detrimental affect on the public health, safety and general welfare of the community. The proposed zoning district provides for development provisions that are consistent with the community's goals to preserve, protect and enhance the neighboring multi - family residential uses; and WHEREAS, the Planning Commission finds that the proposed rezone would not be detrimental to the public health, safety or welfare because the site will be required to comply with all applicable requirements contained in the City's Zoning Ordinance (i.e., height, setback, lot coverage, etc.) in the event of future expansion. NOW, THEREFORE, BE IT RESOLVED by the City of Lynwood Planning Commission that based on the findings provided herein, the Planning Commission forwards its recommendation to the City Council supporting a Zone Change (Rezone) of the property located at 11063 Wright Road (APN: 6194 - 028 -009) including it in the R- 3 (Multi - Family Residential District) Zone. I, Andre Dupret, Secretary to the Planning Commission of the City of Lynwood, do hereby certify that the foregoing Resolution No. — was passed and adopted at a meeting of the City of Lynwood Planning Commission held on September 13, 2016, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Andre Dupret, Interim Director of Development, Compliance and Enforcement Services Lynwood Planning Commission ZC 2016 -01 2 PC Resolution 6194 28 ATTACHMENT NO. 2 7ooazB SCALE 1" w 60' J9aEeB >03 ZONE CHANGE NO. 2016 -01 60 �O �G PARCEL MAP P. M. 105-61 TRACT NO. 1063 M.B.165 -40 -42 CODE 6089 \ b° FOR ?REV. ASSMT. SEE; 663 —44 ASSESSOR'S NAP COUNTY OF LOS ANGELES, CALIF. AB J� I R3 Y f � ATTACHMENT NO. 2B ZONE CHANGE NO. 2016 -01 Am mi i f al R3 p4 0W A Subject Property ATTACHMENT NO. 3 ZONE CHANGE NO. 2016 -01 ATTACHMENT NO. 4 ZONE CHANGE NO. 2016-01 OwA�-llt� P'll City of LYNWOOD vi Clty �lieet(ng CI�aQfenges I A � �' I 11330 BULLIS ROAD 1 LYNWOOD. CALIFORNIA 90202 (310) 603-0220 DATE: September 13, 2016 TO: Honorable Chairperson and Members of the Planning Commission APPROVED BY: Andre Dupret, Interim Director of Development, Compliance and Enforcement Services PREPARED BY: Office of the City Attorney SUBJECT: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND CHAPTER 25 (ZONING CODE) OF THE LYNWOOD MUNICIPAL CODE RELATING TO THE PERMITTED LOCATIONS OF MEDICAL CANNABIS COMMERCIAL FACILITIES APPLICANT: City of Lynwood SUMMARY Currently, the cultivation and manufacturing of cannabis is not specifically addressed in the Lynwood City Municipal Code. Pursuant to Lynwood Municipal Code Section 25- 115 -1(A), a Zoning Code change may be initiated by resolution of the City Council. On September 6, 2016, the City Council voted to initiate Zone Text Amendments relative to zoning requirements for medical cannabis commercial facilities and to expand the zoning districts where medical cannabis commercial facilities are permitted, and has referred the matter to the Planning Commission for recommendation and a proposal. This does not change the ban on medical marijuana dispensaries established by Ordinance No. 1632, Section 25 -200 -1 of Chapter 25 Article 200 and Chapter 25 Appendix A of the Lynwood Zoning Code, which would continue to be prohibited under the proposed ordinance. 1 RECOMMENDED ACTIONS Following action by the City Council on September 6, 2016, Staff recommends the following: 1. Add and amend Section 25 -200 -1 of the Lynwood Zoning Code, to read: "Medical Cannabis Commercial Facility" means an enclosed facility where cannabis commercial activity occurs, including cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of medical cannabis or a medical cannabis product. 2. Add and amend Chapter 25, Appendix A of the Lynwood Zoning Code, relative to the uses permitted by Zoning District, to read: "A. Uses Permitted. MCCF facilities, subject to the property development standards contained in Section 4- 34-6 of this Code and compliance with the provisions of Chapter 25 of this Code, shall be permitted in the C -2 Light Commercial, C2 -A Medium Commercial, C -3 Heavy Commercial, PCD Planned Commercial Development, SPA Specific Plan Area and Manufacturing Zoning District." BACKGROUND In 1996, the voters of the State of California approved Proposition 215 (codified as Health and Safety Code Section 11362.5 and entitled "The Compassionate Use Act of 1996 "). The intent of the Compassionate Use Act ( "CUA") was to enable persons in need of marijuana for medical purposes to obtain and use marijuana without the threat of criminal prosecution under limited and specified circumstances. Under the CUA, "qualified patients" with a physician's recommendation for medical cannabis and "primary caregivers" are exempted from being prosecuted under Health and Safety Code Section 11357 (possession of marijuana) and 11358 (cultivation of marijuana) for specified amounts. On January 1, 2004, the California State Legislature enacted Senate Bill 420 (the Medical Marijuana Program Act or "MMPA ") to clarify the scope of the CUA to allow cities and other governing bodies to adopt and to enforce rules, regulations, and laws consistent with Senate Bill 420. The California Supreme Court has made clear that neither the CUA nor the MMPA expressly or impliedly preempts the authority of cities or counties, under their traditional land use and police powers, to allow, restrict, limit or entirely exclude marijuana cultivation or distribution within their jurisdictions. The MMPA allows cities and counties to adopt local ordinances that regulate the location, operation or establishment of medical marijuana collectives and to enforce such ordinances. The safe distribution of marijuana, as contemplated by the CUA, and the safe distribution of marijuana edibles should include consideration of the safety of all residents and businesses, not just the z users of marijuana or the consumers of the marijuana edibles. The proposed ordinance is designed to address safety and professional management in the cultivation and manufacturing of any proposed medical cannabis business. On October 9, 2015, the Governor signed three pieces of state legislation which comprise the Medical Marijuana Regulation and Safety Act ( MMRSA): AB 266, AB 243, and SB 643. • AB 266 establishes a dual licensing structure requiring a state license and a local license or land use permit. The Department of Consumer Affairs will coordinate the overall regulatory structure establishing minimum health and safety and testing standards. • AB 243 establishes a regulatory and licensing structure for cultivation sites under the Department of Food and Agriculture. • SB 643 establishes criteria for licensing of medical marijuana businesses, regulates physicians, and recognizes local authority to levy taxes and fees. In June 2016, the California State Legislature amended the MMRSA and titled this legislation the "Medical Cannabis Regulation and Safety Act' ( MCRSA), which provides for the licensure and regulation of medical cannabis and requires all commercial cannabis activity to be conducted between licensees. Upon the date of implementation of regulations by the licensing authority, MCRSA prohibits a person from engaging in commercial cannabis activity without possessing both a state license and a local permit, license, or other authorization. Generally, and altogether, the MCRSA governs the licensing and control of all medical marijuana businesses in the state and provides criminal immunity for licensees. The legislation protects local control in several ways: it requires dual licensing; local governments may enforce state law in addition to local ordinance (upon request by the local jurisdiction); civil and criminal penalties are available for unlicensed activity; DISCUSSION On September 6, 2016, the Council waived the full reading and introduced, by title only for the first reading, a proposed ordinance to add Chapter 4 Section 34 to Licensing and Business Regulations of the Lynwood Municipal Code, entitled "Medical Cannabis Business and Activity." The proposed ordinance considered by the City Council on September 6, 2016, if enacted along with the zoning amendments, would establish medical cannabis cultivation and manufacturing - related businesses and regulations regarding the location and operational requirements of said businesses. The proposed ordinance encompasses areas of the land use application minimum requirements, criteria for selection method, definition of terms, operational requirements, security measures, location restrictions, and renewal and revocation procedures. 3 The ordinance adds Chapter 4 Section 34 to Title 4 Licensing and Business Regulations of the Lynwood Municipal Code. The current draft of the proposed ordinance is extremely detailed. It covers the application and criteria for selection procedure, definition of terms, operational requirements, security measures and location restrictions. It generally includes the following provisions: 1. Purpose and Intent — which is generally stated to regulate all commercial cannabis within the City 2. Legal Authority and Definitions. 3. Permit Application and Selection Process including: a. Development Agreement required; b. Maximum number of medical marijuana businesses permitted; c. Initial application process; d. Permitee selection guidelines; e. Appeal procedure; and f. Permit revocation and abatement. 4. Security measures, including limited access, storage and transportation plan, surveillance cameras and alarm systems. 5. Operating requirements including recordkeeping, limitations on City's liability, City rights of inspection and testing, and restrictions on ownership and location changes. It is proposed that cultivation facilities be permitted only within enclosed buildings, and that the cultivation /manufacturing /related activities be restricted to the City's approved zoning districts. The proposed zoning amendments would change Lynwood Municipal Code Chapter 25 Appendix A — Uses by Zoning District to list Manufacturing- and Cultivation - related Medical Cannabis Businesses as a permitted use in specified zoning districts of the City. • Manufacturing sites will be permitted in C -2 (Light Commercial), C2 -A (Medium Commercial), C -3 (Heavy Commercial), PCD Planned Commercial Development, SPA Specific Plan Area, and M Manufacturing zones. No manufacturing site shall be located within six hundred feet of a school, day -care center, or youth center, within fifty feet of a residential zone, in conformance with state law. In addition, manufacturing sites will be subject to all distance and other requirements/ development standards of the Lynwood Municipal Code. • Cultivation sites will be permitted in C -2 (Light Commercial), C2 -A (Medium Commercial), C -3 (Heavy Commercial), PCD Planned Commercial Development, SPA Specific Plan Area, and M Manufacturing zones. No cultivation site shall be located within six hundred feet of a school, day -care center, or youth center, within fifty feet of a residential zone, in conformance with state law. In addition, [! cultivation sites will be subject to all distance and other requirements/ development standards of the Lynwood Municipal Code. • Manufacturing and Cultivation related cannabis businesses that do not comply with the distance requirements specified above would be permitted in C -2 (Light Commercial), C2 -A (Medium Commercial), C -3 (Heavy Commercial), PCD Planned Commercial Development, SPA Specific Plan Area, and M Manufacturing zones, as permitted under State law so long as the other requirements are met. These zoning changes would permit cannabis businesses in the specified zones. ENVIRONMENTAL The project is exempt from the California Environmental Quality Act (CEQA) in accordance with Section 15061 as defined by Section 15378 of the CEQA Guidelines. The amendment does not have the potential to cause a significant effect on the environment. GENERAL PLAN CONSISTENCY The proposed Amendment is consistent with the City's General Plan because the Ordinance does not change or alter any land use designations, densities or intensities of use set forth in the General Plan. Coordinated With: City Attorney City Clerk's Office 5 RESOLUTION NO. 3366 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND CHAPTER 25 OF THE LYNWOOD ZONING CODE RELATING TO THE PERMITTED LOCATIONS OF MEDICAL CANNABIS COMMERCIAL FACILITIES WHEREAS, on September 6, 2016, the City Council voted to initiate Zone Text Amendments relative to zoning requirements for medical cannabis commercial facilities and to expand the zoning districts where medical cannabis commercial facilities are permitted, and referred the matter to the Planning Commission for recommendation and a proposal; and WHEREAS, on September 13, 2016, the Planning Commission conducted a noticed public hearing on proposed amendments to the Lynwood Zoning Ordinance to amend the zoning districts where medical cannabis commercial facilities are allowed, to allow medical cannabis commercial facilities as a stand -alone use in industrial and specified districts; and WHEREAS, the proposed Zoning Ordinance Text Amendment is Categorically Exempt under Section 15305, "Minor Alterations in Land Use Limitations," of the Guidelines for the Implementation of the California Environmental Quality Act and that the proposed amendment does not result in any significant changes in land use or density; therefore THE PLANNING COMMISSION OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission hereby finds that adoption of the proposed Zoning Ordinance Text would: a. Allow medical cannabis commercial facilities in limited areas as a means to regulate such facilities locally, in addition to applicable state standards, while protecting the character and integrity of the City's commercial and manufacturing districts. b. Provide opportunities for the development of stand -alone medical cannabis commercial facilities as a means to safely supply authorized cannabis and cannabis product. C. Allow greater options in the establishment of medical cannabis commercial facilities while maintaining critical distance separation requirements from protected uses as a means to prevent unauthorized access to or promotion of medical cannabis. d. Adhere to the requirements of the California Business and Professions Code, California Health and Safety Code, and applicable California law, in establishing land use regulations for the cultivation and dispensing of medical cannabis commercial product to licensed and authorized persons. SECTION 2. The adoption of the proposed Zoning Ordinance Text Amendment would be consistent with the intent of the Zoning Ordinance and the City's General Plan as it allows for economic development opportunities while maintaining the integrity of residential neighborhoods and protecting public health, welfare and safety. SECTION 3. Section 25 -200 -1 of the Lynwood Zoning Code is amended to read: "Medical Cannabis Commercial Facility" means an enclosed facility where cannabis commercial activity occurs, including cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution_, or sale of medical cannabis or a medical cannabis product. SECTION 4. Chapter 25, Appendix A of the Lynwood Zoning Code, relative to the uses permitted by Zoning District, is amended to read: A. Uses Permitted. MCCF facilities, subiect to the property development standards contained in Section 4 -34 -6 of this Code and compliance with the provisions of Chapter 25 of this Code, shall be permitted in the C -2 Light Commercial C2 -A Medium Commercial, C -3 Heavy Commercial, PCD Planned Commercial Development, SPA Specific Plan Area and Manufacturing Zoning District. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby recommends that the City Council approve this Zoning Code Amendment. I, Andre Dupret, Secretary to the Planning Commission of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted at a meeting of the City of Lynwood Planning Commission held on September 13, 2016, by the following votes: Pa AYES: 1,[91x.91 ABSENT: Andre Dupret, Interim Director of Development, Compliance and Enforcement Services Lynwood Planning Commission i City of LYNWOOD i -A Cau vUcefu g Chc&jtges i 11330 9ULLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 603-0220 DATE: September 13, 2016 TO: Honorable Chairperson and Members of the Planning Commission APPROVED BY: kAndre Dupret, Interim Director of Development, Compliance and Enforcement Services PREPARED BY: Office of the City Attorney SUBJECT: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND CHAPTER 25 (ZONING CODE) OF THE LYNWOOD MUNICIPAL CODE RELATING TO THE PERMITTED LOCATIONS OF MEDICAL CANNABIS COMMERCIAL FACILITIES APPLICANT: City of Lynwood SUMMARY - Currently, the cultivation and manufacturing of cannabis is not specifically addressed in the Lynwood City Municipal Code. Pursuant to Lynwood Municipal Code Section 25- 115 -1(A), a Zoning Code change may be initiated by resolution of the City Council. On September 6, 2016, the City Council voted to initiate Zone Text Amendments relative to zoning requirements for medical cannabis commercial facilities and to expand the zoning districts where medical cannabis commercial facilities are permitted, and has referred the matter to the Planning Commission for recommendation and a proposal. This does not change the ban on medical marijuana dispensaries established by Ordinance No. 1632, Section 25 -200 -1 of Chapter 25 Article 200 and Chapter 25 Appendix A of the Lynwood Zoning Code, which would continue to be prohibited under the proposed ordinance. Following action by the City Council on September 6, 2016, Staff recommends the following: 1. Add and amend Section 25 -200 -1 of the Lynwood Zoning Code, to read: "Medical Cannabis Commercial Facility" means an enclosed facility where cannabis commercial activity occurs, including cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of medical cannabis or a medical cannabis product. 2. Add and amend Chapter 25, Appendix A of the Lynwood Zoning Code, relative to the uses permitted by Zoning District, to read: "A. Uses Permitted. MCCF facilities, subject to the property development standards contained in Section 4- 34-6 of this Code and compliance with the provisions of Chapter 25 of this Code, shall be permitted in the C -2 Light Commercial, C2 -A Medium Commercial, C -3 Heavy Commercial, PCD Planned Commercial Development, SPA Specific Plan Area and Manufacturing Zoning District." BACKGROUND In 1996, the voters of the State of California approved Proposition 215 (codified as Health and Safety Code Section 11362.5 and entitled "The Compassionate Use Act of 1996 "). The intent of the Compassionate Use Act ( "CUA") was to enable persons in need of marijuana for medical purposes to obtain and use marijuana without the threat of criminal prosecution under limited and specified circumstances. Under the CUA, "qualified patients" with a physician's recommendation for medical cannabis and "primary caregivers" are exempted from being prosecuted under Health and Safety Code Section 11357 (possession of marijuana) and 11358 (cultivation of marijuana) for specified amounts. On January 1, 2004, the California State Legislature enacted Senate Bill 420 (the Medical Marijuana Program Act or "MMPA ") to clarify the scope of the CUA to allow cities and other governing bodies to adopt and to enforce rules, regulations, and laws consistent with Senate Bill 420. The California Supreme Court has made clear that neither the CUA nor the MMPA expressly or impliedly preempts the authority of cities or counties, under their traditional land use and police powers, to allow, restrict, limit or entirely exclude marijuana cultivation or distribution within their jurisdictions. The MMPA allows cities and counties to adopt local ordinances that regulate the location, operation or establishment of medical marijuana collectives and to enforce such ordinances. The safe distribution of marijuana, as contemplated by the CUA, and the safe distribution of marijuana edibles should include consideration of the safety of all residents and businesses, not just the 1J users of marijuana or the consumers of the marijuana edibles. The proposed ordinance is designed to address safety and professional management in the cultivation and manufacturing of any proposed medical cannabis business. On October 9, 2015, the Governor signed three pieces of state legislation which comprise the Medical Marijuana Regulation and Safety Act ( MMRSA): AB 266, AB 243, and SB 643. • AB 266 establishes a dual licensing structure requiring a state license and a local license or land use permit. The Department of Consumer Affairs will coordinate the overall regulatory structure establishing minimum health and safety and testing standards. • AB 243 establishes a regulatory and licensing structure for cultivation sites under the Department of Food and Agriculture. • SB 643 establishes criteria for licensing of medical marijuana businesses, regulates physicians, and recognizes local authority to levy taxes and fees. In June 2016, the California State Legislature amended the MMRSA and titled this legislation the "Medical Cannabis Regulation and Safety Act' ( MCRSA), which provides for the licensure and regulation of medical cannabis and requires all commercial cannabis activity to be conducted between licensees. Upon the date of implementation of regulations by the licensing authority, MCRSA prohibits a person from engaging in commercial cannabis activity without possessing both a state license and a local permit, license, or other authorization. Generally, and altogether, the MCRSA governs the licensing and control of all medical marijuana businesses in the state and provides criminal immunity for licensees. The legislation protects local control in several ways: it requires dual licensing; local governments may enforce state law in addition to local ordinance (upon request by the local jurisdiction); civil and criminal penalties are available for unlicensed activity; DISCUSSION On September 6, 2016, the Council waived the full reading and introduced, by title only for the first reading, a proposed ordinance to add Chapter 4 Section 34 to Licensing and Business Regulations of the Lynwood Municipal Code, entitled "Medical Cannabis Business and Activity." The proposed ordinance considered by the City Council on September 6, 2016, if enacted along with the zoning amendments, would establish medical cannabis cultivation and manufacturing - related businesses and regulations regarding the location and operational requirements of said businesses. The proposed ordinance encompasses areas of the land use application minimum requirements, criteria for selection method, definition of terms, operational requirements, security measures, location restrictions, and renewal and revocation procedures. 3 The ordinance adds Chapter 4 Section 34 to Title 4 Licensing and Business Regulations of the Lynwood Municipal Code. The current draft of the proposed ordinance is extremely detailed. It covers the application and criteria for selection procedure, definition of terms, operational requirements, security measures and location restrictions. It generally includes the following provisions: 1. Purpose and Intent — which is generally stated to regulate all commercial cannabis within the City 2. Legal Authority and Definitions. 3. Permit Application and Selection Process including: a. Development Agreement required; b. Maximum number of medical marijuana businesses permitted; c. Initial application process; d. Permitee selection guidelines; e. Appeal procedure; and f. Permit revocation and abatement. 4. Security measures, including limited access, storage and transportation plan, surveillance cameras and alarm systems. 5. Operating requirements including recordkeeping, limitations on City's liability, City rights of inspection and testing, and restrictions on ownership and location changes. It is proposed that cultivation facilities be permitted only within enclosed buildings, and that the cultivation /manufacturing /related activities be restricted to the City's approved zoning districts. The proposed zoning amendments would change Lynwood Municipal Code Chapter 25 Appendix A — Uses by Zoning District to list Manufacturing- and Cultivation - related Medical Cannabis Businesses as a permitted use in specified zoning districts of the City. • Manufacturing sites will be permitted in C -2 (Light Commercial), C2 -A (Medium Commercial), C -3 (Heavy Commercial), PCD Planned Commercial Development, SPA Specific Plan Area, and M Manufacturing zones. No manufacturing site shall be located within six hundred feet of a school, day -care center, or youth center, within fifty feet of a residential zone, in conformance with state law. In addition, manufacturing sites will be subject to all distance and other requirements/ development standards of the Lynwood Municipal Code. • Cultivation sites will be permitted in C -2 (Light Commercial), C2 -A (Medium Commercial), C -3 (Heavy Commercial), PCD Planned Commercial Development, SPA Specific Plan Area, and M Manufacturing zones. No cultivation site shall be located within six hundred feet of a school, day -care center, or youth center, within fifty feet of a residential zone, in conformance with state law. In addition, 4 cultivation sites will be subject to all distance and other requirements/ development standards of the Lynwood Municipal Code. • Manufacturing and Cultivation related cannabis businesses that do not comply with the distance requirements specified above would be permitted in C -2 (Light Commercial), C2 -A (Medium Commercial), C -3 (Heavy Commercial), PCD Planned Commercial Development, SPA Specific Plan Area, and M Manufacturing zones, as permitted under State law so long as the other requirements are met. These zoning changes would permit cannabis businesses in the specified zones. ENVIRONMENTAL The project is exempt from the California Environmental Quality Act (CEQA) in accordance with Section 15061 as defined by Section 15378 of the CEQA Guidelines. The amendment does not have the potential to cause a significant effect on the environment. GENERAL PLAN CONSISTENCY The proposed Amendment is consistent with the City's General Plan because the Ordinance does not change or alter any land use designations, densities or intensities of use set forth in the General Plan. Coordinated With: City Attorney City Clerk's Office 0 RESOLUTION NO. 3366 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND CHAPTER 25 OF THE LYNWOOD ZONING CODE RELATING TO THE PERMITTED LOCATIONS OF MEDICAL CANNABIS COMMERCIAL FACILITIES WHEREAS, on September 6, 2016, the City Council voted to initiate Zone Text Amendments relative to zoning requirements for medical cannabis commercial facilities and to expand the zoning districts where medical cannabis commercial facilities are permitted, and referred the matter to the Planning Commission for recommendation and a proposal; and WHEREAS, on September 13, 2016, the Planning Commission conducted a noticed public hearing on proposed amendments to the Lynwood Zoning Ordinance to amend the zoning districts where medical cannabis commercial facilities are allowed, to allow medical cannabis commercial facilities as a stand -alone use in industrial and specified districts; and WHEREAS, the proposed Zoning Ordinance Text Amendment is Categorically Exempt under Section 15305, "Minor Alterations in Land Use Limitations," of the Guidelines for the Implementation of the California Environmental Quality Act and that the proposed amendment does not result in any significant changes in land use or density; therefore THE PLANNING COMMISSION OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission hereby finds that adoption of the proposed Zoning Ordinance Text would: a. Allow medical cannabis commercial facilities in limited areas as a means to regulate such facilities locally, in addition to applicable state standards, while protecting the character and integrity of the City's commercial and manufacturing districts. b. Provide opportunities for the development of stand -alone medical cannabis commercial facilities as a means to safely supply authorized cannabis and cannabis product. 1 C. Allow greater options in the establishment of medical cannabis commercial facilities while maintaining critical distance separation requirements from protected uses as a means to prevent unauthorized access to or promotion of medical cannabis. d. Adhere to the requirements of the California Business and Professions Code, California Health and Safety Code, and applicable California law, in establishing land use regulations for the cultivation and dispensing of medical cannabis commercial product to licensed and authorized persons. SECTION 2. The adoption of the proposed Zoning Ordinance Text Amendment would be consistent with the intent of the Zoning Ordinance and the City's General Plan as it allows for economic development opportunities while maintaining the integrity of residential neighborhoods and protecting public health, welfare and safety. SECTION 3. Section 25- 200 -1 of the Lynwood Zoning Code is amended to read: "Medical Cannabis Commercial Facility" means an enclosed facility where cannabis commercial activity occurs, including cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of medical cannabis or a medical cannabis product. SECTION 4. Chapter 25, Appendix A of the Lynwood Zoning Code, relative to the uses permitted by Zoning District, is amended to read: A. Uses Permitted. MCCF facilities, subject to the property development standards contained in Section 4 -34 -6 of this Code and compliance with the provisions of Chapter 25 of this Code, shall be permitted in the C -2 Light Commercial, C2 -A Medium Commercial, C -3 Heavy Commercial, PCD Planned Commercial Development, SPA Specific Plan Area and Manufacturing Zoning District. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby recommends that the City Council approve this Zoning Code Amendment. I, Andre Dupret, Secretary to the Planning Commission of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted at a meeting of the City of Lynwood Planning Commission held on September 13, 2016, by the following votes: FA AYES: k'M ORM ABSENT: Andre Dupret, Interim Director of Development, Compliance and Enforcement Services Lynwood Planning Commission