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HomeMy Public PortalAboutA 2010-08-10 PLANNING COMMISSIONDEVELOPMENT SERVICES DEPARTMENT Cit of LYNWOOD a.L WEAICA CITY N g vL(eeting CkaQ�enges �' ' 11330 BULLIS ROAD I f LYNWOOD, CALIFORNIA 90262 (310) 603 -0220 x 289 AGENDA LYNWOOD PLANNING COMMISSION CITY HALL COUNCIL CHAMBERS 11330 BULLIS ROAD LYNWOOD, CA 90262 RECEIVED Kenneth West Chair August 10, 2010 AUG 0 5 2010 5:00 P.M. CITY 0 F �;.YN0)() CI"T"Y CLERKS OF 1 E PLANNING COMMISSIONERS M ^r ; Q, ;� -�,.�Z p c , t� c It tc �,., G• Rebecca Wells Alex Landeros Rita Patel Bill Younger Vice -Chair Commissioner Commissioner Commissioner PLANNING COMMISSION COUNSEL Law Office of Aleshire and Wynder Pam Lee, Assistant City Attorney PLANNING DIVISION STAFF Jonathan Colin Director Rita Manibusan Karen Figueredo Manager Planning Associate Octavio Silva Planning Associate Jeff Jamawat Planning Intern 1 OPENING CEREMONIES I. Call meeting to order. 2. Flag Salute. I Roll call of Commissioners. 4. Certification of Agenda Posting. 5. Minutes of Planning Commission Meeting: July 13, 2010 SWEARING IN SPEAKERS 6. The Lynwood Planning Commission shall swear in all persons wishing to testify on any item listed on the Planning Commission Agenda. Residents shall swear to tell the truth, the whole truth and nothing but the truth. PUBLIC ORALS 7. At this time, any member of the public may comment on any issue within the jurisdiction of the Planning Commission that is not on the Agenda. Members of the public may also comment at this time on any Agenda Item that is not scheduled for a public hearing. To preserve continuity, the Planning Commission Chair may, at his /her discretion, request members of the public wishing to comment on Agenda Items for which public hearings are not scheduled to hold their comments until just prior to the Commission's discussion of the Agenda Item in question. NEW BUSINESS NONE CONTINUED PUBLIC HEARINGS NONE CONTINUED REGULAR AGENDA 8. Conditional Use Permit No. 2009 -05 APPLICANT: T- Mobile 2 4347 Lavinia Avenue APN 6186- 001 -902 Proposal Requesting approval to install, operate and maintain a telecommunication tower consisting of six (6) panel antennas, one GPS antenna, four (4) equipment cabinets, and a new sixty -five foot mono -pine tower. The property is located at 4347 Lavinia Avenue in the O -S (Open Space) zone. Recommendation Staff recommends that the Planning Commission table Conditional Use Permit No. 2009 -05 and Resolution No. 3240. NEW REGULAR AGENDA 9. Zoning Ordinance Amendment No. 2010 -02 (Wireless Facilities) APPLICANT: City of Lynwood, Development Services Department Proposal Requesting approval of Zoning Ordinance Amendment No. 2010 -02 amending Article 80, Article 200, and Appendix A of Chapter 25 of the Lynwood Municipal Code, relating to antennas including the construction, modification, or placement of wireless communication facilities. Recommendation Staff recommends that the Planning Commission approve Zoning Ordinance Amendment No. 2010 -02 and Resolution No. 3272. 10. Zoning Ordinance Amendment No. 2010 -03 (Site Plan Review) APPLICANT: City of Lynwood, Development Services Department Proposal Requesting approval of Zoning Ordinance Amendment No. 2010 -03 amending Article 150 of Chapter 25 of the Lynwood Municipal Code relating to Site Plan Review Approval. Recommendation Staff recommends that the Planning Commission approve Zoning Ordinance Amendment No. 2010 -03 and Resolution No. 3273. 11. Setting the Time & Meeting Place for Planning Commission Meeting APPLICANT: City of Lynwood, Planning Commission 3 Proposal The Planning Commission is proposing to modify its meeting time from 5:00 p.m. to 6:00 p.m. Recommendation Staff recommends that the Planning Commission approve Resolution No. 3274. DISCUSSION ITEMS COMMISSION ORALS STAFF ORALS ADJOURNMENT Adjourn to the regular meeting of the Lynwood Planning Commission on September 14, 2010 at 6:00 p.m. in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California, 90262. 4 ITEM #5 MINUTES LYNWOOD PLANNING COMMISSION MEETING July 13, 2010 The Lynwood Planning Commission met in regular session in the City Hall Council Chambers, on the above date. Commissioner Patel called the meeting to order at 5:00 p.m. Commissioner Younger led the flag salute. Commission Patel requested the roll call. Development Services Director Colin called roll. Commissioners Patel, Younger and Landeros answered the roll call. Vice Chair Wells was not present during roll call. Development Services Director Colin indicated that Chair West previously informed staff that he would be late to the meeting. Also present were Planning Associate Karen Figueredo, Planning Associate Octavio Silva, Public Works Manager Elias Saikaly and Commission Counsel Pam Lee. Commissioner Patel inquired about the Agenda and whether it had been duly posted. Development Services Director Colin indicated the Agenda had been duly posted. Item #5 Minutes May 11, 2010 Commissioner Patel introduced Agenda Item #5, minutes of May 11, 2010, Planning Commission Meeting and asked if there were any questions or revisions. Motion by Commissioner Younger to approve the May 11, 2010 minutes, seconded by Commissioner Landeros. Commissioner Patel requested the roll call. Development Services Director Colin called roll and the motion to approve the minutes passed 3 -0. 1 Item #6: Swear in Speakers Kristina Santana, Deputy City Clerk swore in Mr. Ed Gala, from Reliant Land Services. Item #7: Public Orals NONE NEW BUSINESS NONE CONTINUED PUBLIC HEARINGS NONE CONTINUED REGULAR AGENDA Item # 8: Conditional Use Permit No. 2009 -03 APPLICANT: Ominpoint Communications (T- Mobile) 10721 Atlantic Avenue APN 6193- 002 -032 Proposal The applicant is requesting approval of Conditional Use Permit No. (CUP) 2009- 03 in order to construct and maintain an approximately six hundred and five (605) square foot roof mounted wireless telecommunication facility (LA33725A) at 10721 Atlantic Avenue. The subject property is located within the Heavy Commercial (C -3) zone and has a General Plan designation of Commercial. Recommendation Staff recommends that the Planning Commission approve Conditional Use Permit No. 2009 -03 and Resolution No. 3237. Development Services Director Colin excused himself from the item. Planning Associate Silva provided an introduction and presentation for Conditional Use Permit No. 2009 -03. Upon completion, Planning Associate Silva asked Commissioners if there were any questions. 2 Commissioner Patel opened up the item for public hearing. The applicant, Mr. Gala provided a brief description of the request and indicated that he is in agreement with all Conditions of Approval. Commissioner Patel closed the public hearing. It has moved by Commissioner Younger to approve Conditional Use Permit No. 2009 -03 and was seconded by Commissioner Landeros. Commissioner Patel requested the roll call. Planning Associate Figueredo called roll and the motion to approve passed 3 -0. ROLL CALL AYES: LANDEROS, YOUNGER & PATEL NOES: NONE ABSENT: WEST, WELLS RESODUTION NO. 3237 ENTITLED: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD, CALIFORNIA, RECOMMENDING APPROVAL OF CONDITIONAL USE PERMIT NO. 2009- 03 TO PERMIT THE INSTALLATION OF AN UNMANNED WIRELESS TELECOM U NICATION FACILITY CONSISTING OF AN APPROXIMATELY SIX HUNDRED (600) SQUARE FOOT ROOF MOUNTED ENCLOSURE, TWELVE (12) ANTENNAS ON THREE SECTORS, ONE (1) MICROWAVE DISH ANTENNA, AND AN APPROXIMATELY TWO HUNDRED AND SIXTY (260) SQUARE FOOT EQUIPMENT ENCLOSURE FOR THE PROPERTY LOCATED AT 10721 ATLANTIC AVENUE, ASSESSORS PARCEL NUMBER 6193 -009 -032 IN THE HEAVY COMMERCIAL (C -3) ZONE; CITY OF LYNWOOD COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. Item # 9: Conditional Use Permit No. 2009 -05 APPLICANT: T Mobile 4347 Lavinia Avenue APN 6186 - 001 -902 Proposal Requesting to approve, install, operate, and maintain a telecommunication tower consisting of six (6) panel antennas, one GPS antenna, four (4) equipment cabinets, and a new sixty -five foot mono -pine tower. The property is located at 4347 Lavinia Avenue in the O -S (Open Space) zone. 3 Recommendation Staff recommends that the Planning Commission continue Conditional Use Permit No. 2009 -05 and Resolution No. 3240. Both Chair West and Vice Chair Wells arrived at 5:10 p.m. Chair West asked if the Planning Commissioners had any questions. It was moved by Commissioner Younger to continue Conditional Use Permit 2009 -05 seconded by Commissioner Landeros. Chair West requested the roll call. Development Services Director Colin called roll and the motion to continue passed 5 -0. ROLL CALL AYES: LANDEROS, YOUNGER, PATEL, WELLS, WEST NOES: NONE ABSENT: NONE NEW REGULAR AGENDA Item # 10: Tentative Tract Map No. 2010 -01 APPLICANT: Merona Enterprises 3206 El Segundo Boulevard APN: 6168 - 019 -007 Proposal Requesting approval to subdivide one (1) parcel into five (5) lots, currently developed with four (4) condominiums (the prior Tentative Tract Map expired), two stories in height with attached two -car garages. The property is located at 3206 El Segundo Boulevard in the R -3 (Multi - Family Residential) zone. Recommendation Staff recommends that the Planning Commission approve Tentative Tract Map No. 2010 -01 and Resolution No. 3271. Planning Associate Figueredo provided an introduction to proposed Tentative Tract Map No. 2010 -01. Chair West asked the Commissioners if there are any questions, hearing none; Chair West opened the item for public hearing. lH Mr. Carlos Rosada, representing Merona Enterprises provided a brief description and history of the project. It was moved by Commissioner Younger to approve Tentative Tract No. 2010 -01, seconded by Vice Chair Wells. Chair West requested roll call. Development Services Director Colin called roll, the motion to approve passed 5- 0. ROLL CALL AYES: LANDEROS, YOUNGER, PATEL, WELLS & WEST NOES: NONE ABSENT: NONE RESOLUTION NO. 3271 ENTITLED: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD, CALIFORNIA, RECOMMENDING APPROVAL OF TENTATIVE PARCEL MAP NO. 2010 -01 (66347) TO SUBDIVIDE THE AIRSPACE ON ONE (1) PARCEL INTO (5) TO DEVELOP FOUR (4) CONDOMINIUNS AND A COMMON DRIVEWAY ON PROPERTY LOCATED AT 3206 EL SEGUNDO BOULEVARD, ASSESSOR PARCEL NUMBER 6168 - 019 -007, IN THE R -3 (MULTIPLE FAMILY RESIDENTIAL) ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. Item # 11: Negative Declaration APPLICANT: City of Lynwood (Public Works/ Engineering Department) Proposal Requesting to adopt Negative Declaration for project consisting of the demolition of the existing 5,400 square foot City Hall Annex building and the construction of a 2 -3 -story 21, 000 square foot new Annex building and the renovation of the existing 1,500 square foot Council Chambers, with an addition of a 3,500 square foot single story building. The proposed project also includes improvement to pedestrian safety at the Civic Center area. Recommendation Staff recommends that the Planning Commission close the review period for the Negative Declaration for the proposed construction of the City Hall Annex Building and Council Chambers. Development Services Director Colin provided a background on the proposed item. Chair West asked if the item was missing from the Commissioner's packets. Chair West indicated that there was no staff report or drawings related to the item. Planning Associate Figueredo indicated that no staff report or drawings were needed to be placed in the packet due to the fact the Planning Commission was only closing the environmental review period of an already approved item. Chair West indicated that as a customary practice, staff should include all information for those Commissioners that might not have been previously present at a meeting or do not recall previous approvals. Commission Counsel Lee reiterated Planning Associate Figueredo's statement that the action did not require additional approvals, only to close the environmental review period of an already approved item. Development Services Director Colin apologized to Commissioners and ensured them that in the future all items would be accompanied by a staff report or memorandum. Commissioner Younger provided a motion to approve the item and was seconded by Commissioner Wells. Chair West asked for a roll call, the motion to approve passed 5 -0. ROLL CALL AYES: LANDEROS, YOUNGER, PATEL, WELLS & WEST NOES: NONE ABSENT: NONE DISCUSSION ITEMS Item # 12: City of Lynwood's Temporary Sign Process Discussion: Chair West requested the City's banner and sign ordinance be placed on the agenda as a discussion item. Chair West indicated that he has noticed an increase in banners throughout the City. Additionally, he indicated that some might be unpermitted. Chair West asked staff if it was possible to add a "banner notification" on the City's Business License applicantion, which would inform new business owners of the City's banner requirements. Development Services Director Colin indicated that the issue with banners revolves around enforcement. Additionally, Development Services Director Colin described the City's current banner policy and procedure. Chair West suggested that staff incorporate additional measures to reduce unpermitted banners and indicated that the business license approach would be effective. Item # 13: Review of Ordinance No. 1630 Discussion: Review of Ordinance No. 1630 referring to amending the number of Planning Commission members and place of meetings. Development Services Director Colin provided a background on Ordinance No. 1630. Commissioner Landeros indicated that he would prefer a 6:30 p.m. meeting as opposed to 5:00 p.m. meeting. Commissioner Younger indicated that if the City Council found it necessary to change the meeting time, he was okay with the change. Vice Chair Wells indicated that the new meeting time conflicts with her work schedule and indicated that the new time might conflict with public participation. Director of Development Services Colin indicated that the new meeting reflects the City Council's request to have all meetings at a consistent time. Director of Development Services Colin suggested that the meeting time can be changed to 6:00 p.m. in order to accommodate the Planning Commission. Chair West asked staff to bring a resolution to the next Planning Commission meeting reflecting the new time period in order for Commissioners to vote on. Chair West asked that the minutes from the last Planning Commission meeting be re- opened in order to correct an item (Page 1, Item No. 5). COMMISSIONER ORALS Commissioner Landeros indicated that he was still waiting for staff to provide him with the census tract information for a previously approved item. 7 Commissioner Younger thanked staff for taking the time to answer Planning Commissioners' questions. STAFF ORALS NONE AD30URNMENT It was moved by Commissioner Wells seconded by Commissioner Younger to adjourn at 6:04 p.m. to the next regular meeting of the Lynwood Planning Commission on August 10, 2010, in the City Hall Council Chambers, 11330 Bullis Road, Lynwood, California, 90262 Kenneth West, Chair Lynwood Planning Commission APPROVED AS TO CONTENT: Jonathan Colin, Director Development Services APPROVED AS TO FORM: Pam Lee, City Attorney Planning Commission Counsel ITEM #9 ZOA NO. 2010 -01 4 t City of LYNWOOD cA Ctty Aed" Cha&nm 11330 BuLLIS ROAD LYNWOOD, CALIFORNIA 90262 (310) 6034220 )1 I'I I DATE: August 10, 2010 Honorable Chair and Members of the Planning Commission FROM: Jonathan Colin, Director of Development Services Christy Marie Lopez, Deputy City Attorney Octavio Silva, Planning Associate SUBJECT: Zoning Ordinance Amendment No. 2010 -02 Wireless Ordinance APPLICANT: City of Lynwood, Development Services Department PROPOSAL Staff recommends that the Planning Commission adopt the attached resolution entitled "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD, CALIFORNIA, RECOMMENDING THE APPROVAL OF ZONING ORDINANCE AMENDMENT NO. 2010 -02 AMENDING ARTICLE 80, ARTICLE 200, AND APPENDIX A OF CHAPTER 25 OF THE LYNWOOD ZONING CODE, RELATING TO ANTENNAS INCLUDING THE CONSTRUCTION, MODIFICATION, OR PLACEMENT OF WIRELESS COMMUNICATION FACILITIES" BACKGROUND The City's existing code regulating antennas and wireless communications facilities ("WCFs'� was last updated in March 2005 when the entire Zoning Code was updated (see Exhibit A). Since that time, there have been substantial changes in law and technology that have impacted the way in which local entities may regulate antennas and WCFs. In addition, the City has seen a recent influx of applications from various carriers seeking to install antennas throughout the City emphasizing the need for the City to update its regulation of antennas. Although the City of Lynwood is roughly 4.9 square miles, there are a number of wireless telecommunication sites throughout the City (see Exhibit B). While each existing wireless site varies with regards to location and design, it is critical to establish clear and consistent design and development standards for future wireless telecommunication proposals. ANALYSIS & DISCUSSION The proposed ordinance is intended to establish comprehensive guidelines for the permitting, placement, design and maintenance of antennas in all zones within the City (see Exhibit Q. These regulations prescribe clear, reasonable and predictable criteria to assess and process applications in a consistent and expeditious manner, while reducing impacts associated with antennas. The ordinance provides standards necessary for the preservation of land uses within the City, while allowing for the orderly and efficient deployment of antennas in accordance with state and federal laws, rules and regulations. More specifically, the proposed ordinance provides for a two -tier approval process. The code seeks to encourage proposals that would meet the City's aesthetic and regulatory goals, by administratively approving antennas that meet certain criteria (including stealth designs without the construction of a new tower, not located in residential zones, compliance with all city codes and undergrounding requirements). All other antennas would require that the applicant seek a conditional use permit and be subject to a public hearing. The proposed ordinance provides a comprehensive framework and development standards for the construction and maintenance of antennas including WCFs throughout the City. Most notably, the code has requirements that relate to height of antennas and towers; camouflaging of the same and any related equipment when undergrounding is not possible; limitations on the number of antennas or towers that are permitted per parcel; requirements for aesthetic compatibility with surrounding land uses; and maintenance standards. In addition, the proposed ordinance requires applicants to submit reports demonstrating compliance with federal standards for Radio Frequency (RF) emissions and similar reports on an annual basis. The proposed ordinance further requires that a performance bond be posted to ensure compliance with the City's codes and removal after the antenna(s) are no longer in use. To encourage co- location, applicants are required to submit an alternative site analysis identifying all feasible co- location sites and the basis for the selected site. The proposed ordinance also requires applicants to demonstrate the need for installing a new facility in any zone that is not designated as a preferred zone. (The preferred zones are Commercial, Manufacturing, Auto Parking, Hospital - Medical - Dental or Public Facilities.) 2 Any applicant can seek a minor or major variance from the regulations in accordance with the City's existing code, although the proposed ordinance provides antenna - specific criteria for approval of a major variance. With regard to non - conforming antennas, the proposed ordinance continues to apply essentially the same criteria and time periods for abatement as the prior code. Finally, the proposed ordinance includes some provisions for abandoned antennas and their removal. Overall, the proposed ordinance governs the processing of all antennas with the intent to ensure that antennas and related facilities are properly sited and designed, with regulations to promote orderly development, and ensure that these facilities are compatible with surrounding land uses. ENVIRONMENTAL ASSESSMENT The State CEQA Guidelines, at Section 15378, define a project as the "whole of an action which has the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment..." While the proposed ordinance will add regulations and standards for antennas and wireless communications facilities, and will be added to the Zoning Code Chapter of the Municipal. Code, the proposed changes and additions will not result in a direct or indirect physical change in the environment. In addition, the proposed zoning ordinance amendment qualifies for an exemption from the California Environmental Quality Act (CEQA) pursuant to the general rule that "CEQA applies only to projects which have the potential for causing 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" (CEQA Implementation Guidelines §§ 15060(c)(2) and 15061(b)(3)). The proposed ordinance provides the City with broader and stronger regulatory authority than the current ordinance and provides new standards for the protection of neighborhood character, visual resources, and radiofrequency (RF) emissions. Therefore, there is no possibility that the enactment of stronger regulations for antennas and wireless communications facilities will result in any new significant environmental impacts. Of course, future proposals for antenna installations that are subject to the discretion of the Planning Commission will be subject to CEQA on a case -by -case basis. RECOMMENDATION 3 Staff recommends that the Planning Commission approve Resolution No. 3272, recommending the approval of the attached ordinance amending Chapter 25, Article 80, Article 200, and Appendix A to regulate antennas and wireless communications devices throughout the City. Attachments: 1. Exhibit A- Existing Wireless Ordinance 2. Exhibit B- Existing Wireless Telecommunication Sites 3. Exhibit C- Zoning Ordinance Amendment of Article 80, Article 200, and Appendix A of Chapter 25 of the Lynwood Zoning Code 4. Resolution No. 3273 H CHAPTER 25.80 SPECIAL USE STANDARDS 25.80.010 intent and Purpose 25.80.020 Antennas 25.80.030 Churches 25.80.010 Intent and Purpose Certain uses, although permitted in specific zoning districts, require additional development standards beyond those specified for the applicable zone. Additional standards are required to ensure that such uses are operated in a manner that does not adversely impact surrounding uses. The purpose of this Chapter is to provide additional development standards and conditions for certain uses to ensure their compatibility with surrounding uses. 25.80.020 Antennas (a) Exempt Antennas (b) City of Lynwood Zoning Code Common skeletal- -type radio and television antenna in standard configurations used to receive UHF, VHF, AM, and FM signals of off -air broadcasts from radio and television stations are exempt from the requirements of this Section. Solid dish -type antennas with a diameter of less than two feet (2) which are designed to receive broadcast signals directly from orbiting satellites are also exempt from the following requirements, with the exception that this type of antenna may not be placed in a front yard area or in any other location visible from the street at the front of the home or building which the antenna serves_ Location of Antennas in Residential Districts Antennas located in the residential zones of the City shall conform to the following standards: (1) All antennas shall be required to maintain their supporting structures at least five feet (5) from any property line and ten feet (10) from any other structure. Antennas may be located closer than five feet (5) to a property line if the adjacent property is publicly owned Open Space. if approved by the Development Services Director. January, 2005 Exhibit A (2) All ground- mounted antennas shall be screened by walls, fences, or landscaping at least six feet (6') in height obscuring visibility of the antenna from adjacent properties at the same elevation. Landscaping shall be of a type and variety and installed at sufficient size to be capable of growing within one year to a landscape screen which obscures the visibility of the antenna. (3) All antennas and their supporting structures shall be located in the rear yard. (4) No antenna shall be higher than thirty -five feet (35') above grade level, except dish -type satellite receiving antennas, which shall not exceed fifteen feet (15') in height. Antennas exceeding thirty -five feet (35') may be approved provided the antenna is retractable to below the thirty -five foot (35) height limit, and the applicant executes a use agreement providing that the antenna will only be extended during actual use of said antenna. (5) A maximum of two (2) antennas, including exempt antennas, shall be allowed per lot. (6) All roof - mounted antennas, with the exception of exempt antennas, are prohibited. (c) Location of Antennas in Commercial and Manufacturing Antennas located in the commercial and industrial zones shall conform to the following standards: (1) All ground - mounted antennas shall be required to maintain their supporting structures at least five feet (5) from any property line and ten feet (10') from any other structure. (2) All ground- mounted antennas shall be screened by walls, fences, or landscaping at least six feet (6') in height obscuring visibility of the antenna from adjacent properties at the same elevation. Landscaping shall be of a type and variety capable of growing within one year to a landscape screen which obscures the visibility of the antenna. (3) Ali antennas and their supporting structures shall be located in the rear yard or any side yard, except a street side yard. (4) No antenna or its supporting structure shall be located in the area between the front property line and the main structure or building. City of Lynwood Zoning Code 25.80 -2 January, 2005 (5) No antenna shall be higher than the maximum height permitted in the zone, measured from grade level, except satellite antennas, which shall not exceed fifteen feet (15') in height. (6) A maximum of two (2) antennas, including exempt antennas, shall be allowed per lot. (7) No antenna shall be roof-mounted except on a flat portion of the roof structure with parapets, and /or architecturally matching screening plan. (d) (e) Location of Antennas in Public, Open Space and School Zones (1) All ground - mounted antennas shall be required to maintain their supporting structures at least five feet (5') from any property line and ten feet (10') from any other structure. (2) All ground- mounted antennas shall be screened by walls, fences or landscaping at least six feet (6) in height obscuring visibility of the antenna. Landscaping shall be of a type and variety capable of growing within one year to a landscape screen which obscures the visibility of the antenna. (3) All antennas and their supporting structures shall be located in the rear yard or any side yard, except a street side yard. (4) No antenna or its supporting structure shall be located in the area between the front property line and the main structure or building. (5) No antenna shall be higher than the maximum height permitted in the zone measures from grade level, except satellite antennas which shall not exceed fifteen feet (15') in height. (6) A maximum of two (2) antennas, including exempt antennas, shall be allowed per lot. (7) No antenna shall be roof-mounted except on a flat portion of the roof structure with parapets, and /or architecturally matching screening plan. Cellular Telephone Towers The following regulations shall govern the placement of cellular telephone towers, antennas, and similar installations: City of Lynwood Zoning Code 25.80 -3 January, 2005 (1) All cellular phone installations shall require Conditional Use Permit Approval, pursuant to the requirements of Chapter 25.130 of this Code. (2) Cellular phone towers, antennas, and similar structures are limited to a maximum height of one hundred feet (100'), regardless of the zoning district in which they are located unless a lower height is required by the CALUP. (3) Setback requirements for cellular phone installations shall be developed on a case -by -case basis as part of the Site Plan Approval. (4) Collocation is encouraged. (f) Antennas Used for Transmission Purposes The following regulations shall apply to the establishment, installation, and operation of antennas used to transmit signals of any type for commercial purposes. (1) Except as provided in subsection (2) below, prior to the approval by the City of the installation of any non - exempt antenna, the applicant must submit a written statement that the antenna will not be used for transmission purposes; or, that the use of the antennas for transmission purposes will not exceed EIRP levels of 80 dBW. (2) Antennas used for transmission purposes which exceed EIRP levels of 80 dBW may be approved by the Planning Commission, subject to the imposition of reasonable conditions to protect the applicant and the public health and safety. Reasonable conditions shall include, but not be limited to, fencing, screening, warning signs, partial submersion below ground level, and other like conditions. (3) Antennas used for transmission purposes shall be subject to the same screening requirements as antennas used for receiving signals. Transciever antennas shall be considered to be transmitting antennas for the purposes of this Chapter. (4) Any applicant aggrieved by a decision of or condition imposed by the Planning Commission may appeal that decision or condition pursuant to Section 2.04.100 et sea of this Code. City of Lynwood Zoning Code 25.80 -4 January, 2005 (g) Required Criteria and Performance Standards The following regulations shall apply to the establishment, installation, and operation of antennas in all zoning districts: (1) Antennas shall be installed and maintained in compliance with the requirements of the Building Code. Antenna installers shall obtain a building permit prior to installation. (2) No advertising material shall be allowed on any antenna_ (3) All electrical wiring associated with any antenna shall be buried underground or hidden in a manner acceptable to the Building Official_ (4) No portion of an antenna array shall extend beyond the property lines or into any front yard area. Guy wires shall not be anchored within any front yard area but may be attached to the building. (5) The antenna, including guy wires, supporting structures, and accessory equipment, shall be located and designed so as to minimize the visual impact on surrounding properties and from public streets. The materials used in constructing the antenna shall not be unnecessarily bright, shiny, garish, or reflective. (S) Every antenna must be adequately grounded for protection against a direct strike of lightning with an adequate ground wire. Ground wires shall be of the type approved by the latest edition 'of the National Electrical Code, as adopted by the City, for grounding masts and lightning arresters and shall be installed in a mechanical manner, with as few bends as possible, maintaining a clearance of at least two (2) inches from combustible materials. Lightning arresters shall be used which are approved as safe by the Underwriter's Laboratories, Inc., and both sides of the line must be adequately protected with proper arresters to remove static charges accumulated on the line. When lead -in conductors of polyethylene ribbon -type are used, lightning arresters must be installed in each conductor. When coaxial cable or shielded twin lead is used for lead -in, suitable protection may be provided without lightning arresters by grounding the exterior metal sheath_ (7) A wind velocity test shall be required if deemed necessary by the Building Official. (h) Variances Pursuant to the procedures of Chapter 25.140 et seq. of this Zoning .. Code, any person may seek a variance from the provisions of this City of Lynwood January, 2005 Zoning Code 25.80 -5 Chapter pertaining to antennas and satellite dish antennas. A fee shall be charged to an applicant for a variance that is required solely for the purposes of complying with the antenna and /or satellite dish antenna regulations of this Chapter. Any variance so granted is revocable for failure by the applicant or property owner to comply with the conditions imposed. A variance shall be issued for an antenna if it meets the following standards: (1) Locating the antenna in conformance with the specifications of this Chapter would obstruct the antenna's reception window or otherwise excessively interfere with reception, and such obstruction or interference involves factors beyond the applicant's control; or the cost of meeting the specifications of this Section is excessive, given the cost of the proposed antenna. (2) The variance application includes a certification that the proposed installation is in conformance with applicable City Building Code regulations. Furthermore, the application must contain written documentation of such conformance, including load distributions within the building's support structure, and must be certified by a registered engineer. (3) if it is proposed that the antenna will be located on the roof, where possible, the antenna shall be located on the rear portion of the roof and be consistent with neighboring improvements, uses, and architectural character. (i} Nonconforming Antennas All antennas, in any zone, lawfully constructed and erected prior to the effective date of this Chapter, which do not conform to the requirements of the provisions of this Chapter for the particular zoning district in which they are located, shall be accepted as non - conforming uses for a period of one (1) year from the date of adoption of this Chapter. Thereafter, the antennas shall be subject to abatement as set forth below via removal, modification, or relocation to comply with the standards of this Chapter. Any antenna constructed or erected in violation of this Chapter or any prior law, ordinance, or regulation shall be subject to immediate abatement. 0) Notice of Nonconforming Antennas (1) Upon the determination of the Development Services Director that the provisions of this Chapter apply to a given parcel of land on which an antenna is located, the Development Services Director or his /her designee shall send a notice thereof by United States certified mail, return receipt requested, to the owner , thereof as shown on the last equalized assessment roll and shall City of Lynwood Zoning Code 25.80 -6 January, 2005 cause such property to be posted with a similar notice. (2) The notice provided for in this Section shall state that the property and antenna in question is a nonconformity, shall state the date of abatement established in Section 25.80.020(g), shall state that an administrative hearing will be held before the Planning Commission and shall state the date of such hearing. (k) Hearing; Decision and Order; Appeal; Recordation of Order (1) Within sixty (60) days after the issuance of the notice prescribed in Section 25.80.020(h), the Planning Commission shall hold an administrative hearing to determine whether the nonconformity should be abated or whether a time extension should be granted as provided in subsection (7) below_ (2) The Planning Commission shall receive written and oral testimony at such hearing in regard to the abatement. (3) At the close of the hearing, the Planning Commission shall find and determine whether the nonconformity should be abated and ail facts in support thereof, whether the owner of the property can amortize his/her investment in the term for abatement provided in Section 25.80.020(h), and if not, what term for abatement should be provided as specified in Section 25.80.0200). (4) The Planning Commission shall also find and determine whether the structure encompassing the nonconforming use can be used economically in its present condition or can be modified successfully for a purpose permitted in the zoning district in which it is located. (5) The decision of the Planning Commission and the findings in support thereof shall be in the form of a written order and shall be served upon the property owner personally or by United States certified mail, return receipt requested, within ten (10) days after the decision is rendered. (6) The decision of the Planning Commission may be appealed to the City Council. (7) After the conclusion of all appeals, notice of the decision and order of the Planning Commission or the City Council shall be recorded with the City Clerk. (i) Extension of Time (1) The Planning Commission or City Council on appeal, shall grant City of Lynwood January, 2005 Zoning Code 25.80 -7 an extension of the time for abatement of nonconformity where it finds that an unreasonable hardship would otherwise be imposed on the property owner. (2) The Planning Commission or City Council on appeal, shall consider the following factors, among others, in determining whether to grant an extension of time and the length of the term: A. The nature of the use_ B. The amount of the owner's investment in improvements. C. The convertibility of improvements to permitted uses. D. The character of the neighborhood. E. The detriment, if any, caused to the neighborhood by continuance of the nonconforming use. F. The amount of time needed to amortize the investment. (m) - Proof of Amortization The Planning Commission, or City Council on appeal, shall base its decision as to the length of the permitted amortization period on any competent evidence presented, including, but not limited to, the depreciation schedule attached to the owner's latest federal income tax return. (n) Relocation Where the Planning Commission finds that a nonconforming antenna, either in its present condition or as modified, can be used in compliance with the standards set forth in this Chapter for the zoning district in which it is located, the nonconforming antenna may be granted an extension sufficient to permit it to relocate on the site wherein such use is permitted and which has substantially equivalent utility for the use. In no event shalt such extension be more than two (2) years. (o) Antennas Used for Transmission Purposes (1) Except as provided in subsection (2) below, prior to the approval by the City for the installation of any non - exempt antenna, the applicant must submit a written statement that the antenna will not be used for transmission purposes; or that the use of the antennas for transmission purposes will not exceed EIRP levels of 80 dBW. City of Lynwood Zoning Code 25.80 -8 January, 2005 (2) Antennas used for transmission purposes which exceed EIRP levels of 80 dBW may be approved by the Planning Commission subject to the imposition of reasonable conditions to protect the applicant and the public health and safety. Reasonable conditions shall include, but not be limited to, fencing, screening, warning signs, partial submersion below ground level, and other like conditions_ (3) Any applicant aggrieved by a decision of or condition imposed by the Planning Commission may appeal that decision or condition pursuant to the City Council. 25.80.030 Churches (a) All churches and church facilities shall require a Conditional Use Permit, and are only permitted in Residential Zone Districts. (b) All buildings, structures, and landscaping shalt be developed in a manner harmonious and compatible with development on surrounding properties. (c) Exterior parking areas shall be screened with landscaping to be compatible with and an enhancement to surrounding land uses. (d) All exterior lighting shall be designed, oriented, and constructed to shield adjacent properties from adverse glare effects. (e) Establishment of a church does not automatically permit any school, day nursery, kindergarten, or any congregation of persons for purposes other than religious instruction, worship, or guidance. Any such additional uses shall be subject to the use requirements of the zoning district in which they are located_ City of Lynwood January, 2005 Zoning Code 25.80 -9 Telecommunication Sites Throughout the City of Lynwood WIRELESSSITESWITHCONDITIONALUSEPERMITAPPROVAL ProjectAddressApplicant'sNameApplicant'sAddress Meeting Case#ApplicationForResolution#Staff Date StreetNameStreetNumberLastFirstStreetNameStreetNumber 200908Abbott4517NextGNetworksDAS(pole#767845E)TBD3246HC 200909Magnolia3913NextGNetworksDAS(pole#1853199E)TBD3247HC 200910SanCarlos10631NextGNetworksDAS(pole#1147894E)TBD3248HC 200911Bullis11460NextGNetworksDAS(pole#TBD)TBD3249HC 200912Bullis11162NextGNetworksDASTBD3250HC 200913Carlin4363NextGNetworksDAS(pole#1366271E)TBD3251HC 200915Peach11509NextGNetworksDAS(pole#4575727E)TBD3253HC 200802Josephine5107VerizonWirelessGardenPath,Irvine,CA9260337Wirelesscellularantenna04/08/083207KF 200914LongBeach12120NextGNetworksDAS(pole#4211681E)TBD3252 HC 200806mMartinLutherKingJr3598CityofLynwoodModifyCUP;verifyexistingresolution#250104/14/093234MA 200612Imperial3680OmipointCommuniInc.Bouquet,MissionViejo,CA9269222971Cellularantenna08/08/063146KF 200431Imperial3680VelicitelInc.Fitch,Irvine,CA9261418071Newwirelesstelecomfacility11/09/043038GT 200431mImperial3680SprintPCSVonKarmen,#100,Irvine,CA9261218200Cellularantennas+equipmentcabinets05/10/053079JC 200412mMartinLutherKingJr3737GreohamCarlaMartinLutherKingJr3737Replace3antennas+add3antennasTBD3245KF 200412MartinLutherKingJr3737NextelWirelesstelecommunication06/08/043002GT 200328Wright11000GlobalTel.MillraceDr,#230,LagunaHills,CA923332Clocktower10/14/032968GT 200021Alameda11108MountainUnionTelecomAntenna09/12/002791 200037LongBeach10300SprintWirelesstelecommunications01/09/012820GT 200004LongBeach11403MarquezJimAirwayAve,CostaMesa,CA926263151Wirelesscommunication02/08/002763SW 200020Sanborn11240MountainUnionTelecomAntenna09/12/002790 200022Walnut4275MountainUnionTelecomAntenna09/12/002792 199906Imperial2600PrimeCommunitcationRedHillAve,CostaMesa,CA926263158Telecommunicationtower04/13/992712 WIRELESSSITESWITHSITEPLANREVIEWAPPROVAL ProjectAddressApplicant'sNameAddressMeeting Case#ApplicationForStaff Date StreetNameStreetNumberLastFirstStreetNameStreetNumber 200911California11240FMHCCalifornia11240Antenna 200912LongBeach10399ShabanieSarahLongBeach10399Antenna 200910Walnut4275FMHCWalnut4275AntennaHC 200809Alameda11108BlackwellMichaAlameda11108Telecomfacilities08/27/08KF 200602California11240RoyalStreetCommunicationEnterprise65Developawirelesssystem01/25/06AB 200603Walnut4275RoyalStreetCommunicationEnterprise65Developawirelesssystem01/25/06AB 200604Walnut4275TMobileWalnut4275Wirelessantenna01/25/06JC 200605Alameda11108RoyalStreetCommunicationEnterprise65Install6antennas+4equipmentcabinets01/25/06JC 200514California11240VerizonParkPlaza5Collocatecellular05/25/05GT 200538Sanborn11240CingularWirelessWirelesscollocation01/25/06GT 200537Walnut4275CingularWirelessWirelesscollocation01/25/06GT 199630Imperial2600GreenValley,CulverCity5855Antenna08/27/96 199607LongBeach11716PacificBellMobileWestCentury,Suite200,L.A.,CA905259Wirelesstelecomm.03/26/96 199602Wright11680PacificBellMobileAntenna01/30/96 045Industrial2620L.A.CellularTelCo.Slauson,L.A.,CA900406045Cellularfacility05/30/91 028Atlantic11301BautistaEdelmAtlantic11301Antenna03/22/90 Exhibit B EXHIBIT C ZONING ORDINANCE AMENDMENT WO.2010-02 Amendment No. 9 to Article 80 ofghner 5 Article 80 of Chapter 25 of the Lynwood Municipal Code is hereby amended to read in its entirety as follows: "Article 80 Antennas § 25-80.1 purpose and Intent § 25 -80.2 Exempt Antennas § 25 -80.3 Approval Requirements § 25 -80.4 General Standards § 25 -80.5 Development Standards § 25 -80.6 Review and Approval process § 25 -80.7 Satellite Antennas, Amateur Radio Communication Facilities § 25-80.8 Antennas Used for Transmission purposes § 25 -80.9 Variance for Exceptions § 25 -80.10 Won - conforming Antennas § 25 -80.11 Abandonment of Antenna § 25 -80.1 purpose and Intent A These provisions are intended to establish criteria for the design, modifications and maintenance of antennas including communications facilities within the city as specifically set forth in this division and in standards that may be enacted by resolution pursuant to this division. B. These provisions are further intended to implement the land use regulation of telecommunications facilities as permitted pursuant to the 1996 Federal Telecommunications Act. As such, these provisions are not intended to unduly restrict or unreasonably interfere with the development of the competitive wireless communications marketplace within the city. C. The standards and guidelines established for antennas, towers and /or wireless communications facilities in this division are intended to promote the following goals: (1) Ensure the health, safety and general welfare of the community while enabling the installation of antennas to serve the city's residents and business community_ (2) Ensure a communications network that will serve an effective role in the city's emergency response system and generally provide full service coverage for personal wireless communications services. (3) Protect the visual character of the city through careful design, landscaping, and innovative camouflaging techniques for antennas. (4) Encourage the installation of new towers and antennas in the Commercial and Manufacturing zones. (5) limit the proliferation of new towers by permitting the construction of new towers only after all other reasonable opportunities have been exhausted and to encourage the co4ocation of antennas so as to minimize adverse visual impacts. (6) Provide for the uniform application of standards and guidelines for the sitting, design, modification and maintenance of communications facilities as allowed under state law and the 1996 Telecommunications Act, as may be amended. § 25 -80.2 Exempt antennas_ EXh9lbit C The following types of noncommercial, receive-only antennas shall be exempt from the requirements of this section: A Skeletal -type antenna. Common skeletal -type radio and television antenna that are: (1) Used to receive UHF, VHF, ANN, and FM signals of off -air broadcasts from radio and television stations; (2) Ground - mounted or roof - mounted; and (3) Not higher than 10 feet above the roof ridgeline. B. Satellite earth stations antennas. Satellite earth stations antennas, which are designed to receive broadcast signals directly from orbiting satellites, are exempt from this section as follows unless otherwise stated herein: (1) In residential zoning districts, satellite earth stations antennas that are one meter or less in diameter. (2) In commercial and industrial zoning districts, satellite earth stations antennas that are two (2) meters or less in diameter. (3) When technically feasible, exempt satellite earth stations antennas shall not be placed in a front yard area, at the front of the building or home which the antenna serves, or in any other location visible from the public right -of -way. § 25 -80.3 Approval requirements. A. Exempt antennas shall not require city review/approval- B. Two-tier approval process. All antennas including communications facilities that are not exempt shall be subject to the following two-tier process. (1) Antennas subject to site plan review. Antennas that meet all of the following criteria shall be subject to site plan review in compliance with Article 150 of Chapter 25. (a) Antennas not located within a residential zoning district nor on a property used for residential purposes. (b) Antennas not requiring the construction of a tower or other supporting structure or an antenna that is being installed onto an existing building or structure. Antennas or communications facilities incorporating a stealth design in which antennas are: (i) Flush- mounted on a existing structure and painted or otherwise concealed; or (ii) Incorporated into a design element (e.g., identification monument, screened by an architectural treatment such as a parapet, or sign) and not visible from nearby properties or the right -of -way; or Antennas that comply with all applicable development criteria and performance standards contained in this Article 80 and applicable specific plans. All related equipment, including shelters, vaults, storage sheds or buildings, fencing or other associated devices, are underground or otherwise not visible from nearby properties or the public right - of-way where technologically feasible. nas requiring a conditional use permit. Antennas that are not exempt or do eet the criteria of subsection 25- 80.3(B)(1) above shall be subject to a ional use permit in compliance with standards herein and Article 130 of er 25 of the Lynwood Municipal Code. Reasonable Conditions may be ed to protect nearby properties and the public health, safety, and general welfare. Reasonable Conditions shall include fencing, screening, warning signs, maintenance, and other conditions. § 25 -60.4 General standards. A. Genera! standards. Table 25 -80.4 identifies the development standards applicable to antennas including communications facilities located in the city. Where there is uncertainty about the zoning or zone boundaries, section 25-5 -3 shall govern. Zoning District Auto Parking, Development Hospital-Medical- Standards Residential Commercial, c Dental, Public Manufacturing, Facilities, Open Space 1. Distance from 5 feet 5 feet 5 feet Property Linea 2. Distance from 10 feet 5 feet 5 feet Other Structures (other than roof top antennas) 3. Minimum 6 feet 6 feet 6 feet Screening Height for equipment shelter or similar ground mounted devices 4. Allowable Setback Location Rear setback Rear setback, Rear setback, 5. Maximum 35 feet 60 feet unless 50 feet unless HeighP attached to an attached to an existing legal existing legal conforming structure, conforming then the maximum structure, then the height allowed shall maximum height be no more than 10 allowed shall be feet above said no more than 10 structure if fully feet above said stealthed. structure if fully steafthed. 6. Maximum 2 unless all 3 unless all antennas 2 unless all Plumber of antennas are are sheathed and antennas are Antennas or sheathed and installed onto the sheathed and Antenna Array installed onto the same structure in installed onto the per Parcel same structure in which case 4 shall be same structure in (including which case 3 shall permitted. which case 3 shall exempt antennas)` be permitted. be permitted. 7. Roof - mounted Prohibited without Yes, if mounted on Yes, if mounted on Antennas major variance as flat portion of roof flat portion of roof Allowed provided for at with parapets or with parapets or section 25 -80.9 other screening that other screening and any matches architectural that matches applicable permit features of structure architectural features of structure 8. Communications Prohibited without Conditional Use Conditional Use Facilities major variance as Permit required Permit required provided for at section 25 -80.9 and a Conditional Use Permit and any other applicable permit 9. Maximum 0 1 1 Number of Free Standing Towers' Table 25 -80.4 footnotes: (a) Antennas, not including any structural footings or towers, may be located closer than five feet (5) to a property line if the adjacent property is publicly owned or zoned open space, if approved by the Planning Commission. (b) All antennas and towers must comply with CALUP and as such a lower height may be required for said compliance. (c) Any proposed co-located antennas that meet the criteria of Government Code §§ 65850.6 & 65964 shall be permitted as provided therein. (d) All wireless communications facilities shall have a minimum setback of 500 feet from a residential zoning district unless fully stealthed and attached to or on an existing legal conforming structure and shall be 500 feet from another free standing wireless communications facility, tower, school or day care. § 25 -80.5 Development standards. The following regulations shall apply to the establishment, installation, and operation of antennas including wireless communications facilities in all zoning districts: A. Compliance with building and electrical codes. Antennas shall be installed and maintained in compliance with the requirements of the city's building code, electrical code and any duly adopted code including the California Building Code and California Electrical Code. Specifically, and in addition to compliance with all other codes, wireless communications facilities shall comply with section 3108 of the California Building Code. Antenna installers shall obtain a building permit and an electrical permit before installation. B. Advertising prohibited. Advertising material shall not be allowed on wireless communications facilities or on any antennas. C_ Traffic Signals. Antennas shall not be permitted to be installed on traffic signals within the city. D. Undergrounding. Electrical wiring associated with an antenna shall be buried underground or hidden in a manner acceptable to the Development Services Director or his or her designee. To the extent technologically feasible, all vaults, equipment, shelters, structures, or any other device related to or required for use of an antenna, related structure or wireless communications facility shall be underground unless approved by the Planning Commission but in no event shall said equipment or devices be above ground where all other utilities are required to be underground. Where technologically feasible the use of microwave dishes shall be prohibited and underground lines utilized. E. Aesthetically compatible. All antennas and associated equipment shall be aesthetically compatible with surrounding uses and shall be designed and or located so as to avoid any adverse visual impacts arising from the proposed use. The antennas and supporting structure and equipment shall be a color that blends the antennas to the natural setting and built environment and helps camouflage the antennas. F. Noise. No equipment shall be operated so as to produce noise in excess of the limits set by the local noise ordinance at Chapter 3-12 of the Lynwood Municipal code, except for in emergency situations requiring the use of a backup generator or monthly testing of said generator if the testing lasts no longer than 15 minutes. Said testing shall only be conducted between the hours of 9:00 am to 3:00 pm. In all emergency situations, the city shall be immediately notified of the use of a backup generator. In no event shall use of the emergency generator be permitted for longer than 3 days without prior written approval of the Development Services Director. G. Projections and anchoring in setback areas. No antenna array may extend beyond any property lines or into a front setback area. Guy wires may be attached to the structure but shall not be anchored within a front setback area. No guy wires shall be utilized in the public right -of- way unless alternate designs are unfeasible. H. Design considerations. The antenna, including guy wires, supporting structures, and accessory equipment, shall be located and designed so as to minimize the visual impact on surrounding properties and from public streets. The materials used in constructing the antenna shall not be unnecessarily bright, shiny, garish, or reflective. Cellular, PCS, and other wireless communications facilities shall be designed to be compatible with the surrounding physical environment by blending with the existing architecture and landscaping and by being as unobtrusive as possible. I. Specific Plans. All antennas shall comply w ith any applicable and adopted specific plans. J. Redevelopment Plans. All antennas shall comply with any applicable and adopted redevelopment plan. In addition, all proposed antennas in a redevelopment plan area shall be reviewed and approved by the director of redevelopment. K. Equipment Shelter and Landscaping. All ground mounted antennas shall be screened by walls, fences, trellises or landscaping at least six feet (6) in height so as to completely screen, camouflage and /or obscure visibility of the equipment shelter, or any other ground mounted equipment, from public view. The equipment shelter shall be designed so as to be harmonious with and blend with the natural features, and be compatible with buildings and structures surrounding such structure. In addition and when applicable, landscaping shall be of a type and variety and installed at sufficient size to be capable of growing within one year to a landscape screen which obscures the visibility of the antenna. Irrigation shall also be installed when needed to maintain landscaping and shall be subject to Chapter 14, Article 11 of the Lynwood Municipal Code governing water conservation. No chain link fence shall be permitted. L. Electrical requirements. Every antenna shall be adequately grounded with an adequate ground wire for protection against a direct strike of lightning. Ground wires shall be of the type approved by the latest edition of the electrical code for grounding masts and lightning arrestors and shall be installed in a mechanical manner, with as few bends as possible, maintaining a clearance of at least two inches from combustible materials. Lightning arrestors shall be used that are approved as safe by the Underwriter's Laboratories, Inc., and both sides of the line shall be adequately protected with proper arrestors to remove static charges accumulated on the line. When lead -in conductors of polyethylene ribbon -type are used, lightning arrestors shall be installed in each conductor. When coaxial cable or shielded twin lead is used for lead -in, suitable protection may be provided without lightning arrestors by grounding the exterior metal sheath. M. Annual Performance Certification. For all wireless communications facilities, an annual certification shall be required to be submitted to the Development Services Director, in accordance with the requirements of section 25- 80.6A(3), and annually thereafter, at said operator's cost, which provides that said facilities radio frequency emission levels meet Federal Communications Commission (FCC) requirements. N. Terms of lease agreements. Co-location of cellular, PCS, and other wireless communications facilities shall be encouraged. Lease agreements shall not include exclusive rights that would prohibit co- location where it is technically feasible. O. Maintenance. No antenna, equipment shelter, tower or related structure or device shall be permitted to fall into disrepair or maintained in manner that is unsightly or interferes with the reasonable enjoyment of adjacent property owners. All said structures and devices shall be continually maintained to prevent rust, chipped or peeling paint. § 25 -80.6 Review and approval process. A. Application requirements for design review. (1) Site plan. A site plan shall consist of elevation drawings indicating the height, diameter, color, setbacks, landscaping, method of screening, and color photo simulations showing the before and after effects of the proposed facility on the subject site. Existing poles, towers, and /or antennas shall also be shown. No plans shall include depictions of future antennas, nor shall future antennas be approved, unless specifically identified by applicant in a separate written statement to the Development Services Director or Planning Commission as applicable. (2) RF emissions report The report shall be written in plain English and be signed by a radio frequency engineer and prepared pursuant to Federal Communications Commission, Office of Engineering & Technology, Bulletin 65 or any other applicable guidelines or regulations, stating the maximum (EMF/RF) radiation to be emitted by the proposed facility and whether those emissions conform to safety standards adopted by the Federal Communications Commission. The report shall include anticipated RF emissions and, unless a smaller radius is approved in writing, the report take into account all other facilities within 2,000 feet, both existing and known future facilities, the cumulative effects of co-located facilities and existing nearby buildings and structures. This report shall be available to the public for review. (3) Property owner approvals. Where the communications facility is located on property owned by someone other than the applicant, the applicant shall present documentation that the owner of the property has granted an easement or entered into a long -term lease for the proposed facility which provides vehicular or other necessary access to the facility. A letter of intent or affidavit may be submitted to meet the requirement of this subsection. (4) Code Compliance. No antenna shall be installed until such time as the property is brought into compliance with the Lynwood Municipal Code. (5) Wind load analysis. . As deemed necessary by the building official, analysis of the wind loads shall be required, as governed by section 3108.4 of the California Building Code. Based on the results of the analysis, the building official may impose additional conditions to address safety concerns. (6) Performance and Removal Bond. A faithful performance bond shall be required to ensure compliance with city code and standards and the removal of abandoned antenna facilities before the issuance of building permits or public works permits. (7) Applications. The applicant shall submit all other information and documents required by the city's application for antennas. In addition, the applicant shall submit a business license application or application for encroachment permit when applicable. B. Application Requirements for Conditional Use Permit. (1) Applicants shall be required to comply with subsection (A) above. (2) Applicants shall be required to comply with Chapter 25, Article 130 (conditional use permits). Any decision to deny a request to place, construct or modify a wireless communications antenna and /or tower shall be in writing and supported by evidence contained in a written record of the proceedings of the Planning Commission. (3) Applicants shall also be required to comply with the following: (a) Maps and Significant Gap. All applicants shall provide a map showing the area within the City that will be serviced by the proposed communications facility and a statement as to the nature of the service to be provided. In the event that the applicant seeks to fill a gap in service, the applicant shall submit a statement in writing providing a definition of the term "significant gap" as it applies to the proposed facility; identifying the size of the area, in units of square miles, of the claimed significant gap; a map with the geographic boundary of the claimed significant gap area; and map showing all of applicant's existing communications facilities in the city within a reasonable distance of the claimed significant gap- (b) Altemafire site analysis. Any applicant seeking to install a new communications facility shall identify all reasonable, technically feasible, alternative locations, including facilities which could be used for co- location. The analysis shall also explain the rationale for selecting -the proposed site. For all feasible co-location sites, the applicant shall provide evidence of written contact with all wireless service providers or tower owners within a quarter mile of the proposed communications facility. The contacted tower owner or service provider shall be requested to respond in writing to the inquiry within 30 days. The applicant's letter(s) as well as response(s), or a statement from the applicant detailing all responses received, shall be included with the application as a means of demonstrating the need for a new tower. (c) Preferred zones. The applicant shall demonstrate, with substantial evidence, that it has exhausted all reasonable efforts to locate a site in the Commercial, Manufacturing, Auto Parking, Hospital - Medical - Dental or Public Facilities zones and /or it is not feasible to install the proposed antenna on a site in said zones. C. Applicant shall bear the costs associated with the review including the costs incurred as a result of the need to hire an expert or consultant to review the data or information provided by the applicant as required herein or related application. § 25 -80.7 Satellite antennas, amateur radio communication facilities, and citizen band (CB) radio antennas. Non- exempt satellite earth stations antennas, amateur (noncommercial) radio communication facilities, and citizen band radio antennas, shall be located, constructed, installed and maintained in the following manner A. Satellite earth stations antennas. Satellite antennas, including portable units and dish antennas, shall be designed, installed and maintained in compliance with the Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC) as follows: (1) Antennas shall not be located within required front or side yard setback areas. In addition, no portion of an antenna shall extend beyond the property lines. (2) The antennas and supporting structure shall be painted a single, neutral, non - glossy color (e.g., earth - tones, gray, black, etc.) and, to the extent possible, shall be compatible with the appearance and character of the surrounding neighborhood. (3) Electrical and antenna wiring shall be placed underground whenever possible. (4) In residential zoning districts, antennas shall be subject to the following standards: (a) Antennas shall be located only within the rear yard of the site, at least five (5) feet from the rear lot line, and at least fifteen (15) feet from any street side property line; (b) Dish antennas larger than one meter (thirty-nine (39) inches) shall not be placed on or attached to residential structures. (c) Antennas shall not project or overhang into areas in which antennas are not allowed to locate; (d) The antennas shall be used for private, noncommercial, purposes only. (5) In nonresidential zoning districts, antennas may be roof or ground- mounted and shall be screened from view from public streets. B. Single poleftower amateur radio communication facilities. Single polettower amateur radio communication facilities shall be designed, constructed, installed and maintained in the following manner. (1) The maximum overall height shall not exceed thirty-five (35) feet, measured from finished grade. Antennas exceeding thirty-five (35) feet in height may be approved provided that antenna is of the retractable variety, that the antenna is retractable to below thirty -five (35) feet, and the applicant executes an agreement, in a form approved by the city attorney, stating that the antenna will only be extended during actual use of the antenna. (2) Where a parcel has one pole/tower structure greater than forty (40) feet, measured from finished grade, in overall height (including antennas), only one additional pole/tower structure shall be allowed with an overall height not to exceed thirty-five (35) feet measured from finished grade (including antennas); (3) The pole/tower and/or antennas may be roof or ground - mounted; (4) The pole/tower and/or antennas may not be located in any required front or side yard setback areas; (5) The pole/tower and /or antennas shall be located at least five (5) feet from the rear lot line and at least fifteen (15) feet from any street side property line; (6) The pole/tower and /or antennas shall not project or overhang into areas in which they are not allowed to locate; (7) The pole/tower and /or antennas shall be a natural metal finish or painted a single, neutral, non - glossy color (e.g., earth- tones, gray, black, etc.) and, to the extent possible, compatible with the appearance and character of the surrounding neighborhood; (8) The pole/tower and /or antennas shall be used for private, noncommercial, purposes only; and (9) Operators shall comply with all applicable regulations, specifically those regulations related to radio interference with electronic devices as set forth by the Federal Communications Commission (FCC). band (CS) radio. Citizen band radio antennas shall be designed, constructed, iaintained in the following manner except for antennas mounted on vehicles or to s: Standards. (a) Citizen band radio antennas shall not exceed thirty-five (35) feet in overall height measured from finished grade; and (b) Citizen band radio antennas shall comply with requirements provided in subsection 25- 80.7(B), items 4. through 9, above. Prohibition of certain citizen band radios. It shall be a violation of this zoning ordinance to use citizen band radio equipment not authorized by the Federal Communications Commission or the unauthorized operation of citizen band radio equipment on a frequency between twenty-four (24) MHz and thirty -five (35) MHz and subject to a penalty in compliance with section 30 (Enforcement). Exempt stations. A station that is licensed by the Federal Communications Commission pursuant to section 301 of the Communications Act of 1934 in any radio service for the operation at issue shall not be subject to this division. A citizen's band radio equipment on board a "commercial motor vehicle," as defined in section 31101 of title 49, United States Code, shall require probable cause to find that the commercial motor vehicle or the individual operating the vehicle is in violation of Federal Communications Commission citizens band radio regulations. Rdsseved. § 25 -80.9 Variances for Exceptions A. Criteria for granting variances. (1) An applicant may seek a variance from the provisions this article in compliance with either Article 135 or Article 140 (Major or Minor Variance) of this Chapter 25, as applicable. A variance granted for compliance purposes is revocable for failure by the applicant or property owner to comply with the conditions imposed. (2) A major variance may be issued for an antenna if it meets the following applicable standards: (a) The applicant shall demonstrate that the facility and/or antenna must be located and designed as proposed in order to service the applican's gap in service. The applicant shall submit an explanation and supporting engineering data proving that a tower or antenna as proposed is technologically necessary. (b) If seeking a variance from height standards set forth herein, the applicant shall demonstrate that the proposed height is designed at the minimum height necessary and shall specifically include an analysis comparing the operation of the facility at its proposed height with its operation at the maximum height permitted herein. It shall also address whether the additional height would be required if the facility were located at a different site. The purpose of this analysis is to ensure that additional height is permitted only when technically necessary for the provision of services. (c) Locating the antenna in conformance with the specifications of this section would obstruct the antenna's reception window or otherwise excessively interfere with reception, and the obstruction or interference involves factors beyond the applicant's control. (d) If the antenna is proposed to be located on the roof, where possible, the antenna shall be located on the rear portion of the roof unless completely stealthed and be consistent with neighboring improvements, uses, and architectural character. (e) The variance would not create a significant visual impact. (f) Granting the variance shall conform to the spirit and intent of this zoning code. (g) The variance request is consistent with the general plan of the city of Lynwood. (h) Granting the variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity. W The Planning Commission, and the City Council on appeal, shall not be required to make the findings listed at section 25- 1356 -6. § 25 -80.10 Non- conforming Antennas. A. Nonconforming Antennas. All antennas, in any zone, lawfully constructed and erected prior to the effective date of this article, which do not conform to the requirements of the provisions of this article for the particular zoning district in which they are located, shall be accepted as nonconforming uses for a period of one year from the date of adoption of this article. Thereafter, the antennas shall be subject to abatement as set forth below via modification to comply with the standards of this article and shall be subject to site plan review approval in accordance with Article 150 of Chapter 25. Only when modification is insufficient to meet the requirements of this article, antennas shall be subject to abatement via relocation or removal and shall be subject to a conditional use permit or site plan review approval in accordance with section 25 -80.3 of this Article. Any antenna constructed or erected in violation of this article or any prior law, ordinance, or regulation shall be subject to immediate abatement. B. Notice of Nonconforming Antennas. (1) Upon the determination of the Development Services Director that the provisions of this article apply to a given parcel of land on which an antenna is located, the Development Services Director or his/her designee shall send a notice thereof by United States certified mail, return receipt requested, to the owner thereof as shown on the last equalized assessment roll and shall cause such property to be posted with a similar notice. (2) The notice provided for in this section shall state that the property and antenna in question is a nonconformity, shall state the date of abatement established in subsection A of this section; shall state that an administrative hearing will be held before the Planning Commission and shall state the date of such hearing. C. Hearing; Decision and Order, Appeal, Recordation of Order. (1) Within sixty (60) days after the issuance of the notice prescribed in subsection B of this section, the Planning Commission shall hold an administrative hearing to determine whether the nonconformity should be abated or whether a time extension should be granted as provided in subsection D of this section. (2) The Planning Commission shall receive written and oral testimony at such hearing in regard to the abatement. (3) At the dose of the hearing, the Planning Commission shall find and determine whether the nonconformity should be abated and all facts in support thereof, whether the owner of the property can amortize his/her investment in the term for abatement provided in subsection A of this section, and if not, what term for abatement should be provided as specified in subsection D of this section. (4) The Planning Commission shall also find and determine whether the structure encompassing the nonconforming use can be used economically in its present condition or can be modified successfully for a purpose permitted in the zoning district in which it is located. (5) The decision of the Planning Commission and the findings in support thereof shall be in the form of a written order and shall be served upon the property owner personally or by United States certified mail, return receipt requested, within ten (10) days after the decision is rendered. (6) The decision of the Planning Commission may be appealed to the City Council. (7) After the conclusion of all appeals, notice of the decision and order of the Planning Commission or the City Council shall be recorded with the city clerk. D. Extension of Time. (1) The Planning Commission or City Council on appeal, shall grant an extension of the time for abatement of nonconformity where it finds that an unreasonable hardship would otherwise be imposed on the property owner. (2) The Planning Commission or City Council on appeal, shall consider the following factors, among others, in determining whether to grant an extension of time and the length of the term: (a) The nature of the use. (b) The amount of the owner's investment in improvements. (c) The convertibility of improvements to permitted uses. (d) The character of the neighborhood. (e) The detriment, if any, caused to the neighborhood by continuance of the nonconforming use. (f) The amount of time needed to amortize the investment. E. Proof of Amortization. The Planning Commission, or City Council on appeal, shall base its decision as to the length of the permitted amortization period on any competent evidence presented, including, but not limited to, the depreciation schedule attached to the owner's latest federal income tax return. F. Relocation. Where the Planning Commission finds that a nonconforming antenna, either in its present condition or as modified, can be used in compliance with the standards set forth in this article for the zoning district in which it is located, the nonconforming antenna may be granted an extension sufficient to permit it to relocate on the site wherein such use is permitted and which has substantially equivalent utility for the use. In no event shall such extension be more than two (2) years. § 25 -80.11 Abandonment of antenna. A. When facility considered abandoned. The operator of a communications facility or other antenna shall be required to remove all unused or abandoned equipment, antennas, poles, and/or towers if the facility has not been operational for a consecutive six -month period or a total of twelve (12) months over a consecutive thirty -six month period. A facility is considered abandoned if it no longer provides communication services. The removal shall be in compliance with proper health and safety requirements and shall occur no later than thirty (30) days following the end of the applicable cessation period. B. Removal by owner /operator. A written notice of the determination of abandonment shall be sent or delivered to the operator of the facility by the department. The operator shall have thirty (30) days to remove the facility or provide the department with evidence that the use has not been discontinued. The Development Services Director shall review evidence and shall determine whether or not the facility is abandoned. Facilities not removed within the required thirty-day period shall be in violation of this section, shall constitute. a pubic nuisance and operators of the facility and the owners of the property shall be subject to penalties for violations under the enforcement and penalty provisions of the Municipal Code. C. Removal by city In the event that an antenna is not removed within ninety (90) days after the applicable cessation period ends, as described in paragraph A above, the city may remove the facility and shall bill the antenna owner for all costs including any administrative of legal costs incurred in connection with said removal. Once all costs have been paid by the antenna owner, any bond posted for removal shall be released. The city does not waive any legal rights to seek repayment for removal costs pursuant to a bond posted, nor bring an action for repayment of costs." Amendment Roo. 2 to Article 200 of Cha; ter 25 Section 1 "Definitions; of Article 200 of Chapter 25 (§ 25 -200 -1) of the Lynwood Municipal Code is hereby amended by deleting the following definitions: Amateur Radio Antenna Antenna Satellite Antenna Amendment No. 3 to ,Article 200 of Chanter 25 Section 1 "Definitions,' of Article 200 of Chapter 25 (§ 25- 200 -1) of the Lynwood Municipal Code is hereby amended by adding the following definitions: Amateur radio communication facility. A facility for amateur radio communications that includes noncommercial antennas operated by a federally licensed amateur radio operator. Antenna. A device used in communications that transmits and /or receives radio, satellite or television signals, including but not limited to panel parabolic, antenna panels and whip antennas. Antenna Array. Several antennas connected and arranged in a regular structure to form a single antenna and installed simultaneously by single carrier, provider or business. Citizen band (CB) radio service. A two-way voice communication service that does not require a license from the Federal Communications Commission (FCC). Co- location. The locating of multiple antennas on a single ground - mounted, roof - mounted, or structure- mounted facility. Equipment shelter. The room, cabinet or building used to house, equipment, cabling or other devices related to or associated with an antenna(s) or communications facility. Ground - mounted. Mounted to a pole, monopole, lattice tower, or other freestanding structure specifically constructed for the purposes of supporting antennas and/or microwave dishes. Microwave. Spectrum frequencies from a one to three hundred (300) gigahertz; highly directional when used for radio frequency transmissions. Uses relatively low transmitter power levels when compared to other forms of transmission. Monopole. A structure composed of a single spire used to support antennas and related equipment. Radio frequency emissions or RF emissions. An emission of wireless communication caused by the movement of electromagnetic energy through space, which lies in the frequency range form three (3) kilohertz to three hundred (300) gigahertz. This term is also used interchangeably with electromagnetic fields (EMF). Stealth facility. A communications facility that is designed to blend into the surrounding environment and to be visually unobtrusive. Examples of stealth facilities may include architecturally screened roof - mounted antennas, facade mounted antennas painted and treated as architectural elements to blend with an existing structure. Also known as concealed communications facilities. Structure - mounted. Mounted to, or as part of, a structure (e.g., a building, church steeple, freestanding sign, water tank, etc.). Tower. A structure intended to support equipment used to transmit and/or receive signals including monopoles, guyed and lattice construction steel structures. Utility mounted An antenna attached to a public utility structure. Wireless communications facility or communications facility A public or private structure that supports antennas, microwave dishes, and other related equipment for sending and/or receiving radio and television signals. These facilities may support a variety of services, including: cellular telephone; personal communication services (PCS) and networks; paging; dispatching enhanced specialized mobile radio; distributed antennas system (DAS); television; radio; internet or broadband services; and all other wireless communications, except for satellite earth station antennas, amateur (ham) radio communication facilities, and citizen band radio antennas which are incidental to the primary use and meet the standards in subsection 25 -80.7 (Satellite antennas, amateur radio communication facilities, and citizen band (CB) radio antennas). Amendment No. 4 to /Appendix A of Chapter 25 Appendix A to Chapter 25 of the Lynwood Municipal Code is hereby amended as follows. The row on page A6 beginning "Cellular Telephone Towers" shall be deleted entirely. A new row shall be inserted after "Wire Fabrication" and shall be titled "Wireless Communications Facilities" and in that same row there shall be a "C" entered in the following designated columns "P1," "C2, "C2A," C3," "PCD," "CB1; "M," "HMD," "PF" and "OS." In addition, "Wireless Communications Facilities" shall be followed by an asterisk indicating a footnote below. Below the table there shall be the following: — Wireless communications facilities may be permitted after a site plan review in accordance with Article 80 of Chapter 25" to appear as follows: ZONING DISTRICT LAND USE R 1 R 2 R 3 R P D P 1 C 2 C 2 A C 3 P C D C B 1 M H M D P F O S Wire Fabrication P Wireless Communications Facility* C C C C C C C Ic C C Woad Products Manufacturing P * Wireless communications facilities may be permitted after a site plan review in accordance with Article 80 of Chapter 25° PESOO LUTI©N N©. 3272 � f�ES00 LUTIOO N OO F THE PLANNING COMMISSION OOF THE CITY ©F LYNW©©[��. CALIFOO F:NIA. f�EC00MMENDING THE CITY COUNCIL APPF'�OOVING 7.00 NING ORDINANCE AMEN ©MENT NOO. 2010 -02 AMENDING AFZTICLE G0. ARTICLE 200. AND APPENDIX A 00 F CHAPTER 25 PELATING T© ANTENNAS INCLUDING THE COO NSTPUCTI00 N. M OODIFICATI OON. 00 P PLACEMENT 00 F WIFELESS COMMUNICATION FACILITIES WHEREAS, the Lynwood Municipal Code does not currently contain adequate regulations for the development of wireless communications facilities within the City; and WHEREAS, the City has been receiving an increased number of applications for the installation of wireless communications facilities within the City; and WHEREAS, the Planning Commission desires to enact regulations to guide the installation of wireless communications within the City; and WHEREAS, the Lynwood Planning Commission, pursuant to law, on August 10, 2010 conducted a public hearing on the subject; and WHEREAS, the Planning Commission considered all pertinent testimony offered at the public hearing; and WHEREAS, the Director of Development Services has determined that the proposal is categorically exempt from the provisions of the California Environmental Quality Act ( "CEQA "), pursuant to Sections 15060(c)(2) and 15601(b)(3) of the State CEQA Guidelines as amended. NOW, THEREFORE, THE PLANNING COMMISSION HERESY FINDS AND DETERMINES AS FOLLOWS: Section 1 . The Planning Commission finds that the above recitals are true and correct and are incorporated herein by this reference. Section 2 . The Planning Commission hereby recommends that the City Council of the City of Lynwood approve the proposed ordinance attached hereto as Exhibit C, amending Article 80, Article 200 and Appendix A of Chapter 25 of the Lynwood Zoning Code relating to antennas including the construction, modification or placement of wireless communication facilities and that Exhibit C is incorporated herein by this reference. Section 3 . If any section, subsection, clause or phrase of this Resolution is for any reason, held to be unconstitutional, or otherwise invalid, such decision shall not affect the validity of the remaining sections of this Resolution. The Planning Commission hereby finds that it would have passed this Resolution and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid. Section 4 . This Resolution is exempt from review under CEQA because it can be seen with certainty that there is no possibility that such adoption may have a significant effect on the environment and because such adoption will not cause any direct or reasonably foreseeable indirect physical change to the environment. (Title 14 California Code of Regulations Sections 15060(c)(2) and 15601(b)(3).) APPROVED AND ADOPTED this 10th day of August, 2 ®9®, by members of the Planning Commission, voting as follows: AYES ABSENT: ABSTAON: APPROVED AS TO CONTENT: Jonathan Colin, Director Development Services Department Kenneth West, Chair Lynwood Planning Commission APPROVED AS TO FORM: Pam Lee, Assistant City Attorney City of Lynwood ITEM : -:10 RMA NO. ?01 I 0_. DATE: To: FROM: SU EC T: APPLEC A[nT: PROPOSAL uty of ]TYUW(0)(D1D 0 0 0 Cd9 IMP# 11330 BULLIS ROAD LYNWOOD, CALIFORNIA =W (310) 6034=0 August 10, 2010 Honorable Chair and Members of the Planning Commission Jonathan Colin, Director of Development Services Octavio Silva, Planning Associate Zongng Grd�nance Amendment Mo. 2010-03 City of Lynwood, Development Services Department Staff recommends that the Planning Commission adopt the attached resolution entitled, ` *A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD, CALIFORNIA, RECOMMENDING APPROVAL OF, ZONING ORDINANCE AMENDMENT NO. 2010 -03, AMENDING ARTICLE 150 OF CHAPTER 25 RELATING TO SITE PLAN REVIEW APPROVAL' f3/\CKGfZOO UNDD The Site Plan Review process allows the City of Lynwood to ensure that new residential, commercial and industrial projects meet all code regulations and requirements. For those projects that do not require discretionary approval such as a Conditional Use Permit or Variance, the Site Plan Review process allows staff to provide ministerial approval of a project. Through the Site Plan Review process, an applicant's proposal is submitted to members of the Site Plan Review Committee for review. The Site Plan Review Committee is comprised of representatives from Development Services, Redevelopment, Public Works and the Los Angeles County's Sheriff and Fire Departments. Once the review of a proposal is complete, the Site Plan Review Committee then forwards their recommendation to the Planning Division in order to inform an applicant of the proposal's approval or denial. While the Site Plan Review process is an integral part of the City's development review process, the existing code related to Site Plan Review was last updated in March of 2005 (see Exhibit A). Current development proposals with the City have warranted a need to update the Site Plan Review process and make it internally consistent with the Lynwood Municipal Code. l�NnLYSIS � DISCUSSION The proposed modifications are intended to expand the types of projects that currently require Site Plan Review approval (see Exhibit B). Additionally, the proposed ordinance amendment will clarify inconsistencies as they relate to the Site Plan Review process. Below is a list of proposed amendments to the Site Plan Review process. Underlined words represent additions and strikethrough words represent deletions to the current ordinance. 25.150.020 &papapucatu®fl Req uuu°cements Applieatiens feF Site Plan Review Appieval shal be submitted feF all -„-�� d u stFia l addi ;s. Ap for Site Plan Review Approval shall be submitted for those uses specified as requiring Site Plan Review Approval in the applicable zoning district in Appendix AA, "Uses by Zoning District ", of this chapter and those listed below: A Residential projects involving the construction of new single family and two family dwelling units B Commercial or industrial projects. involving new buildings, new construction or building additions C. Wireless antennas that meet criteria established in 25 -80.3 (1) of the Lynwood Municipal Code D Commercial and industrial building facade remodels E Major exterior modifications to a historical structure 25o5L50.030 F6napftV Of DSVeOOOTnentk Serw6C82 Mrect®[ Decuzu®n and Eff{fcect5w e Dance The decision of the Development Services Director is considered final unless an appeal has been filed in accordance with section 25- 100-6. The decision shall become effective ten (10) working days after the approval, unless an appeal has been timely filed. 2 25.150.070 Time Limits (a) Use of App rowed Site Man (ntcev5ew Any approved Site Plan Review, which is not used within the time specified in the grant of approval or, if no time is specified, within one (1) year of the effective date of such approval, shall render the approval expired. The final deciding body may extend such approval for a period of time not to exceed twe "` .•,,,_,. one (1) year provided an application requesting the extension is filed prior to the original extension date. For purposes of this Section, "used" means the commencement of construction activity or any activity authorized by the grant of approval. 25.150.080 Site Man Review kpap irowag Attached to the e Propacert V An approved Site Plan Review which is valid and in effect and granted pursuant to the provisions of this Zoning Code shall run with the land and shall continue to be valid upon change of ownership of the land unless the Site Plan Review activity ceases for a period of six (6) consecutive months. The proposed Site Plan Review modifications are an important component of Zoning Ordinance Amendment No. 2010 -02 related to the construction, modification or placement of wireless communication facilities. Proposed wireless facilities that meet the criteria established in Zoning Ordinance Amendment No. 2010 -02 would be subject to review by the Site Plan Review Committee. E 1 NR ASSESSMENT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Sections 15060(c) (2) and 15061(b) (3). F�ECOO N1�•1ENDATIOO N Staff recommends that the Planning Commission approve Resolution No. 3273, approving Zoning Ordinance Amendment No. 2010 -03. 3 Attachments Exhibit A- Existing Site Plan Review Approval process Exhibit B- Proposed Site Plan Review Approval process Exhibit C- Appendix A "Uses by Zoning Districts, Lynwood Municipal Code Resolution No. 3273 rd CHAPTER 25.150 25.950.090 Purpose 25.950.020 Application Requirements 25.950.030 Required Site Plan Review Contents 25.950.040 Proceedings 25.950.050 Finality of Decision and Effective Date 25.950.060 Basis for Approval or Denial of Site Plan Review 25.950.070 Time Limits 25.950.080 Site Plan Review Approval Attached to the Property 26.950.090 Purpose The City recognizes that new development, in order to provide for safe and efficient circulation, compatibility with surrounding uses, attractive and efficient designs, and the provision of required landscaping, open space, and other areas, requires the formal review and approval of a detailed Site Plan Review. The Site Plan Review Approval process is provided for this purpose. 25.950.020 Application Requirements Applications for Site Plan Review Approval shall be submitted for all residential projects involving the construction of new buildings and commercial or industrial additions. 25.950.030 Required Site Plan Review Contents Each Site Plan Review shall set forth in text, maps, and diagrams the following, unless determined by the Development Services Director to be unnecessary for a particular project. The Development Services Director may also require at his/her discretion the submission of additional information as needed for a particular project. (1) An existing setting description which includes: A. A description of the physical characteristics of the site; B. Available public services and facilities; C. The capacity of the existing circulation system; and D. The existing and planned land use of adjacent properties_ City of Lynwood Zoning Code January, 2005 (2) A discussion of specific objectives and limits for development of the property which recognize and respond to identified constraints_ (3) The level of public services and facilities required to serve the proposed development. (4) Proposed access and circulation, including parking areas, loading areas, and pedestrian walkways. The Site Plan Review shall also detail any improvements to adjacent or off -site roadways required to serve the proposed development. (5) Significant natural features and areas to be retained for common open space, and provisions for preserving, maintaining, and using those areas. (6) Known man -made and natural hazards, and the methods for mitigating the hazards. (7) Proposed grading and landscaping. (8) Plans showing all proposed structures, including the following: A. Footprints of all proposed buildings. B. Elevations of all proposed buildings. C. Materials and colors to be used on the exteriors of all proposed buildings. 25.950.040 Proceedings (a) An application shall be filed pursuant to the provisions of Section 25.900.020 of this Zoning Code. Upon acceptance of a Site Plan Review Approval application as complete, the Development Services Director or his/her designee shall review the application for conformance with the provisions of this Zoning Code. The Development Services Director shall forward the plans, project description, and other relevant materials to the Site Plan Review Committee consisting of members of Environmental Services Department, Building & Safety Division, Redevelopment Division, Fire Department, Sheriff Department, Code Enforcement Division and any other entity deemed appropriate by the Development Services Director. The Development Services Director shall schedule the matter for a meeting with the project applicant and Site Plan Review Committee pursuant to the provisions of Chapter 25.100 of this Zoning Code. (b) The Site Plan Review Committee members shalt review the project and forward a recommendation with code requirements and conditions of approval to the Development Services Director_ City of Lynwood Zoning Code 25.150 -2 January, 2005 (c) The Development Services Director shall act to approve, conditionally approve, or deny the application. (d) The Development Services Director on behalf of the Site flan Review Committee shall forward a letter containing its decision, findings and conditions. The letter shall recite, among other things, the facts and reasons which make the granting or denial of the Site Plan Review necessary to carry out the provisions and general purpose of this Zoning Code. If the Site Plan Review is approved, the report shall recite the conditions and limitations imposed, if any. 25.950.050 Finality of Development Services Director Decision and Effective Date The decision of the Development Services Director is considered final unless an appeal has been filed. The decision shall become effective ten (10j days after the approval, unless an appeal has been filed. 25.150.050 Basis for Approval or Denial of a Site Plan Review The Planning Commission, and City Council on appeal, in acting to approve a Site Plan Review Application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, icompatible with surrounding land uses, and meets the provisions and intent of this Zoning Code_ In making such a determination, the hearing body shall find that the proposed use is in general in accord with the following principles and standards: (a) That the proposed uses are consistent with the General Plan; (b) That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will no4 adversely affect or be materially detrimental to these adjacent uses, buildings, or structures; (c) That the site for the proposed use is of adequate size a accommodate the use and buildings proposed; (d) That the proposed use complies with all applicable standards of the Zoning District; and (e) That the proposed use observes the spirit and intent of this Z shape to ing Code. City of Lynwood Zoning Code 25.150 -3 January, 2005 25. 150.070 Time Limits (a) Use of Approved Site Plan Review Any Site Plan Review, which is not used within the time specified in the grant of approval or, if no time is specked, within two (2) years of the effective date of such approval, shall become subject to termination. The Planning Commission may extend such approval for a period of time not to exceed two (2) years, provided an application requesting the extension is filed prior to the original extension date. For purposes of this Section, "used" means the commencement of construction activity or any activity authorized by the grant. (b) Proceedings to 'germinate Any proceeding to enforce the expiration of any approved Site Plan Review granted hereunder shall commence with a notice to the holder of the Site Plan Review of the City's intent to enforce the same and following the hearing process set forth in Section 25.100.050 of this Development Code. 25.150.080 Site Man Review Approval Attached to the Property An approved Site Plan Review which is valid and in effect and granted pursuant to the provisions of this Zoning Code shall run with the land and shall continue to be valid upon change of ownership of the land or any lawfully existing building or structure on the land. City of Lynwood Zoning Code 25.150 -4 January, 2005 Exhibit B to Reso0ution 3273 ZL®R11MG ORDONAMC[E AMENDMENT NO. 2010-03 Amendment fro 9 to Article 950 of Chan 25 Article 150 of Chapter 25 of the Lynwood Municipal Code is hereby amended to read in its entirety as follows: 66Artioie 950 Site (Plan Review Approval" 25- 150.010 Paurpo'se 25- 150.020 Application Requirements § 25- 150.030 Required Site Plain Review Contents § 25- 150.040 Proceedings 25- 950.050 Finality of Commission Decision and Effective Date 25- 150.080 Basis for Approval or Denial of Conditional Use Permit § 25450.070 Time 0_imits 25- 150.080 Site Plan Review Approval Attached to the Property § 25- 150.010 Purpose The City recognizes that new development, in order to provide for safe and efficient circulation, compatibility with surrounding uses, attractive and efficient designs, and the provision of required landscaping, open space, and other areas, requires the formal review and approval of a detailed Site Plan Review. The Site Plan Review Approval process is provided for this purpose. § 25- 150.020 Application Requirements Applications for Site Plan Review Approval shall be submitted for those uses specked as requiring Site Plan Review Approval in the applicable zoning district in Appendix A, Uses by Zoning District", of this chapter and those listed below: A. Residential projects involving the construction of new buildings; B. Commercial or industrial projects involving new buildings, new construction or building additions; C. Wireless antennas that meet criteria established in 25 -80.3 (1) of the Lynwood Municipal Code; D. Commercial and industrial building facade remodels; and E. Major exterior modifications to a historical structure. § 25- 150.030 Required Site Plan Review Contents Each Site Plan Review shall set forth in text, maps, and diagrams the following, unless determined by the Development Services Director to be unnecessary for a particular project. The Development Services Director may also require at his/her discretion the submission of additional information as needed for a particular project. A. An existing setting description which includes: 1. A description of the physical characteristics of the site; 2. Available public services and facilities; 3. The capacity of the existing circulation system; and 4. The existing and planned land use of adjacent properties. B. A discussion of specific objectives and limits for development of the property which recognize and respond to identified constraints. C. The level of public services and facilities required to serve the proposed development. D. Proposed access and circulation, including parking areas, loading areas, and pedestrian walkways. The Site Plan Review shall also detail any improvements to adjacent or off - site roadways required to serve the proposed development. E. Significant natural features and areas to be retained for common open space, and provisions for preserving, maintaining, and using those areas. F. known man -made and natural hazards, and the methods for mitigating the hazards. G. Proposed grading and landscaping. H. Plans showing all proposed structures, including the following: 1. Footprints of all proposed buildings; 2. Elevations of all proposed buildings; and 3. Materials and colors to be used on the exteriors of all proposed buildings. § 25- 150.040 Proceedings A. An application shall be filed pursuant to the provisions of Section 25.100.020 of this Zoning Code. Upon acceptance of a Site Plan Review Approval application as complete, the Development Services Director or his /her designee shall review the application for conformance with the provisions of this Zoning Code. The Development Services Director shall forward the plans, project description, and other relevant materials to the Site Plan Review Committee consisting of members of Environmental Services, Building & Safety Division, Redevelopment Department, Fire Department, Sheriff Department, Code Enforcement Division and any other entity deemed appropriate by the Development Services Director. The Development Services Director shall schedule the matter for a meeting with the project applicant and Site Plan Review Committee pursuant to the provisions of Chapter 25.100 of this Zoning Code. B. The Site Plan Review Committee members shall review the project and forward a recommendation with code requirements and conditions of approval to the Development Services Director. C. The Development Services Director shall act to approve, conditionally approve, or deny the application. D. The Development Services Director on behalf of the Site Plan Review Committee shall forward a letter containing its findings and decisions. The letter shall recite, among other things, the facts. and reasons which make the granting or denial of the Site Plan Review necessary to carry out the provisions and general purpose of this Zoning Code. If the Site Plan Review is approved, the letter shall recite the conditions and limitations imposed, if any. § 25- 150.050 Finality of Development Services Director Decision and Effective Date The decision of the Development Services Director is considered final unless an appeal has been filed in accordance with section 25- 100 -6. The decision shall become effective ten (10) working days after the approval, unless an appeal has been timely filed. § 25- 150.060 (Basis for Approval or Denial of a Site Plan Review The Development Services Director, or the Planning Commission on appeal, in acting to approve a Site Plan Review Application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land uses, and meets the provisions and intent of this Zoning Code. In making such a determination, the deciding body shall find that the proposed use is generally in accord with the following principles and standards: A. That the proposed uses are consistent with the General Plan; 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; C. That the site for the proposed use is of adequate size and shape to accommodate the use and buildings proposed; D. That the proposed use complies with all applicable development standards of the Zoning District; and E. That the proposed use observes the spirit and intent of this Zoning Code. § 25- 150.070 Time Limits A. Use of Approved Site Plan Review Any approved Site Plan Review, which is not used within the time specified in the grant of approval or, if no time is specified, within one (1) year of the effective date of such approval, shall render the approval expired. The final deciding body may extend such approval for a period of time not to exceed one (1) year, provided an application requesting the extension is filed prior to the original extension date. For purposes of this Section, "used" means the commencement of construction activity or any activity authorized by the grant of approval. B. Proceedings to Terminate Any proceeding to enforce the expiration of any approved Site Plan Review granted hereunder shall commence with a notice to the holder of the Site Plan Review of the City's intent to enforce the same and following the hearing process set forth in Section 25 -100 -5 of this Zoning Code. § 25- 150.060 Site Plan Review Approval Attached to the Property An approved Site Plan Review which is valid and in effect and granted pursuant to the provisions of this Zoning Code shall run with the land and shall continue to be valid upon change of ownership of the land unless the Site Plan Review activity ceases for a period of six (6)- consecutive months. APPENDIX eta REGULATION OF USES BY ZONING DISTR @CT The following matrix provides a listing of land uses which are permitted by right, subject to Conditional Use Permit review, subject to temporary use permit review, permitted as an accessory use, and prohibited within each of the City's zoning districts. The following symbols are used to describe the relationship of the listed uses to each zoning district: "P" The use is permitted by right_ "C" The use requires a Conditional Use Permit_ "A" The use is permitted as an accessory use only, subject to specific conditions outlined in the Development Code. "T" The use is permitted only as a temporary use, subject to the specific conditions contained in Chapter 9.75. Uses not shown as Permitted, Conditionally Permitted, Site Plan Approval, Accessory, or Temporary are prohibited in the zoning district. If a proposed use is not listed in the following table, the Director of Community Development shall make a determination of which listed use most closely corresponds, or if a Conditional Use Permit is required. Zoning Districts: R 9 = Single Family Residential R 2 = Townhouse and Cluster R 3 = Multi - Family Residential P R D = Planned Residential Development P 9 — Automobile Parking C 2 = Light Commercial C 2 A = Medium Commercial C 3 = Heavy Commercial P C D = Planned Commercial Development C B 'I = Controlled Business M = Manufacturing H M D = Hospital, Medical, Dental P F = Public Facilities OS = Open Space SPA = Speck Plan Area C C D A Civic Center Overlay Area Exhibit C un t1)�� o 0 N ®� cu C tSf 7 LI 9 aI c a o t � CC R N O: cm t d Q n QL CL � �, S U. ® m m 8 m U Q c c O cm _r E a_ U f C P L Ix ° @� V v 3 COM Q c c m e VVVVV$_8.Qd @ Q 13 a —Wia 4� y cm c C y y m c0 CI o R69 O > . O N pd � _ C � O t7 dt _A • m 0 4) y G! E g p C. co > cis co q 0) t!p! r & X 1 'dl SK On E c _O C c O •4) C O - v ® ® g O 3 m t O e ° , Co EL cm t �� � J rq i o�x C j �cO.. ?' °� a jk a3� m .w� ay c qs � C W '� V� ® L c O U C o � '�' � L E C � E g «. �`� C 0 g - mc„>aac 0 ' D � O �! 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RECOMMENDING APPROVAL OF ZONING ORDINANCE AMENDMENT NO. 2010-03 AMENDING ARTICLE 150 OF CHAPTER; 25 RELATING TO SITE PLAN REVIEW APPROVAL WHEREAS, the Lynwood Planning Commission, pursuant to lave, on August 10, 2010 conducted a public hearing on the subject; and WHEREAS, the Planning Commission considered all pertinent testimony offered at the public hearing; and WHEREAS, the Lynwood Municipal Code ( "Code") currently contains inconsistencies related to Site Plan Review Approval; and WHEREAS, the Code currently limits the types of projects that are subject to Site Plan Review Approval; and WHEREAS, the City wishes to eliminate inconsistencies in the Code related to Site Plan Review Approval and to establish and expand the types of projects that would qualify for Site Plan Review Approval; WHEREAS, the Director of Development Services has determined that the proposal is categorically exempt from the provisions of the California Environmental Quality Act ( "CEQA'), pursuant to Sections 15060(cx2) and 15061(b)(3) of the State Guidelines, as amended. NOW, THEREFORE, THE PLANNING COMMISSION HEREBY FINDS AND DETERMINES AS FOLLOWS: Secttuon 1 . The Planning Commission finds that the above recitals are true and correct and are incorporated herein by this reference. Sectuon 2 . The Planning Commission hereby recommends that the City Council of the City of Lynwood approve the proposed ordinance attached hereto as Exhibit B, amending Article 150 of Chapter 25 relating to Site Plan Review Approval, and Exhibit B is incorporated herein by this reference. Section 3 . If any section, subsection, clause or phrase of this Resolution is for any reason, held to be unconstitutional, or otherwise invalid, such decision shall not affect the validity of the remaining sections of this Resolution. The Planning Commission hereby finds that it would have passed this Resolution and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid. SectuoQn 4 . This Resolution is exempt from review under CEQA because it can be seen with certainty that there is no possibility that such adoption may have a significant effect on the environment and because such adoption will not cause any direct or reasonably foreseeable indirect physical change to the environment, pursuant to Title 14 California Code of Regulations Sections 15060(c)(2) and 15061(b)(3). APPROVED AND ADOPTED this 90th day of August, 2090, by members of the Planning Commission, voting as follows: FA- ABSENT: 1�E =�S 1 hlN: APPROVED AS TO CONTENT: Jonathan Colin, Director Development Services Department Kenneth West, Chair Lynwood Planning Commission APPROVED AS TO FORM: Pam Lee, Assistant City Attorney City of Lynwood BTEN *II DATE: August 10, 2010 TO: Honorable Chair and Members of the Planning Commission FROM: Jonathan Colin, Director of Development Services Octavio Silva, Planning Associate Jeff Jamawat, Planning Inter SUBJECT: Resolution of the Planning Commission of the City of Lynwood to change the Planning Commission's meeting time from 5 :00 p.m. to 6:00 p.m. APP LlCANT: City of Lynwood, Development Services Department Staff recommends that the Planning Commission adopt the attached resolution entitled, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD, CALIFORNIA, APPROVING A CHANGE IN THE PLANNING COMMISSION'S REGULAR MEETING TIME FROM 5:00 P.M. TO 6:00 P.M." At its meeting on January 19, 2010, the City Council directed staff to reduce membership requirements in the Planning Commission from seven (7) to five (5) members and the Youth Commission from thirteen (13) to five (5) members. Additionally, the City Council requested that the meeting times for all subsidiary public bodies be modified to reflect a consistent public meeting schedule. At the April 6, 2010, City Council meeting, staff presented Ordinance No. 1630 (see Exhibit A) that delineates the reduction in the Planning Commission membership and the meeting time update. Section 6 of the ordinance reduced the number of the Planning Commission members from seven (7) to five (5). Section 4 of the ordinance revised the regular meeting time for the Planning Commission from 6:30 p.m. to 5:00 p.m. The City Council rendered unanimous votes in favor of both revisions. !�N/\I YZI� �N[���IC�)N� One of the overarching goals of the Planning Commission is to serve residents and the business community in the City of Lynwood. Making monthly Planning Commission meetings open and accessible to the public not only encourages local stakeholders' participation, but also ensures transparency in the process. Currently, the Planning Commission meets at 5:00 p.m. on the second Tuesday of each month. During its meeting on July 13, 2010, Commissioners expressed a concern over the revised meeting time at 5:00 p.m., in that it coincides with the time that most people get off work, possibly making it difficult for them to attend the meeting on time. Anticipated rush hour traffic exacerbates the problem. A pertinent section of Ordinance No. 1630, codified as Lynwood Municipal Code Section 25 -3 -2, provides that the Planning Commission may change its regular meeting times by passage of a resolution. As a result, the Planning Commission requested staff to prepare a resolution that addresses the issue and changes the meeting time to 6:00 p.m. Resolution No. 3274 (see Exhibit B) proposes a change in the regular meeting time from 5:00 p.m. to 6:00 p.m. The proposed 'change would mitigate the aforementioned time conflict and address concerns regarding public attendance at future Planning Commission meetings. RlECOrdi M [E N DATOO N Staff recommends that the Planning Commission approve Resolution No. 3274, which changes the starting time for monthly Planning Commission meetings from 5:00 p.m. to 6:00 p.m. All other provisions of Ordinance 1630 shall remain unmodified and in effect. Attachments: 1. Exhibit A: Ordinance No. 1630 2. Exhibit B: Resolution No. 3274 ORDINANCE NO. 1630 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA AP&ER9®ONG THE NUI&BER OF PLANNING COMPfilISSION RflEREBERS PROF& SEVEN TO FIVE AND YOUTH COP&MISSION P&EMBERS FRO?& THIRTEEN TO FIVE, AND REVISING LYE' ft9OOD nf`�nl>f NICIPAIL CODE 4O CODIFY THE DESIGNATION OF THE SENIOR ADVISORY COUNCIL AS A SUBSIDARY PUBLIC BODY WHEREAS, the City Council of the City of Lynnwood had directed that the number of Youth Commission members for the City from 13 to 5, so as to increase the likelihood that the City may recruit sufficient interested persons to serve on, and establish a quorum for, the Youth Commission; and , WHEREAS, the prior direction by the Council to reduce of the number of Youth Commission members has never been formally adopted or codified; and WHEREAS, the City Council further wishes to reduce the number of Planning Commission members for the City from 7 to 5 to assure that the Planning Commission operates efficiently and reduce the chances that the Planning Commission will be unable to establish a quorum; and WHEREAS, the City Council further designated the Senior Advisory Board as the City's exclusive advisory body relative to senior citizens issues pursuant to Resolution No. 2003 -131; and WHEREAS, in 2008, the City Council directed that the name of the Senior Citizens Advisory Board be changed to the Senior Advisory Council and designated the Senior Advisory Council as a subsidiary public body of the City Council with members appointed by the City Council; and WHEREAS, the City Council now desires to codify these changes to the Lynwood municipal Code. MOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Section 2 -12.3, "membership of Subsidiary Public Bodies," of the Lynwood municipal Code is hereby amended to add the "Senior advisory council' subsidiary public body, in alphabetical order, following the "Recreation and parks commission ", with an indication that such council is to have 5 members and reducing the number of Youth and Planning Commission members to read as follows, with all other provisions of Section 2 -12 -3 remaining unmodified and in full force and effect: "2 -12.3 MEMBERSHIP OF SUBSIDIARY PUBLIC BODIES: Notwithstanding any other provisions to the contrary in this code, the following subsidiary public bodies shall have the number of members as indicated in the table below: Exhibit A Name Of Subsidiary Public Body Planning commission Senior advisory council Youth commission Code Number Section Of Reference Members 2 -19; 25-3 5 Not codified 5 2 -21 5 Section 2, That City staff shall revise and update the Bylaws for the Senior Advisory Council, subject to approval by the City Attorney. Section 3. Section 2 -21.2 "COMPOSITION; APPOINTMENT OF MEMBERS," of the Lynwood Municipal Code is hereby amended to reduce the number of Youth Commis_ sioner members from 13 to 5 members, which revised language shall read as follows: "2 -21.2 COMPOSITION; APPOINTMENT OF MEMBERS: The Youth Commission shall consist of five (5) members, ages eleven (11) to twenty-five (25) who shall be appointed by and serve at the pleasure of, the City Council." Section 4. Section 25 -3 -2, "TIME AND PLACE OF MEETINGS," of the Lynwood Municipal Code is hereby amended to revise the starting time for regular Planning Commission meetings from 6:30 p.m. to 5:00 p.m. to read as follows, with all other provisions of Section 25 -3 -2 remaining unmodified and in full force and effect: °25 -3 -2: TIME AND PLACE OF MEETINGS: The regular meetings of the planning commission shall be held on the second Tuesday of each month. However, if the date of any such regular meeting falls on a holiday, the regular meeting shall be held on the next succeeding day that is not a holiday. Unless and until changed by resolution of the planning commission, the regular meetings shall be held at the hour of five o'clock (5:00) P.M...." Section 5. Section 25 -3 -3, "SPECIAL MEETINGS," of the Lynwood 'Municipal Code is hereby amended to reduce the number of members required to call a special meeting from 4 to 3 so as to be consistent with the reduction in the number of Planning Commission members, which revised language shall read as follows: "25 -3 -3: SPECIAL MEETINGS: A special meeting may be requested at any time by the chair or by three (3) of the members of the planning commission by written notice to each member and to .each person or entity entitled by law at least seventy two (72) hours before the time of such special meeting, as required under _ Government Code section 54956. Such` special meetings shall be approved by the city manager- S 6. Section 25 -3-4, , COMPOSITION AND APPOINTMENT OF MEMBERS," of the Lynwood Municipal Code is hereby amended to reduce the number of Planning Commission members from 7 to 5, which revised language shall read as follows: °25 -3-4: COMPOSITION AND APPOINTMENT OF MEMBERS: The planning commission shall consist of five (5) members who shall be appointed by the city council Sections 7. Except as expressly modified pursuant to this Ordinance, all provisions of the Lynwood Municipal Code shall remain unmodified and in full force and effect. Section 6e If any section, subsection, clause or phrase of this ordinance is for any reason, held to be unconstitutional, or otherwise invalid, such decision shall not affect the validity of the remaining sections of this ordinance. The Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section 9. This Ordinance shall take effect 30 days after its final passage, and within fifteen (15) days after its passage, the City Clerk shall cause it to be posted as required by law, and hereby designated for that purpose. First read at a regular meeting of the City Council held on the 6 th day of Aril, 2010 and adopted and ordered published at a regular meeting of said Council on 20 h day of April, 2010. PASSED, APPROVED and ADOPTED this 20 day of Ap dR, 2010. Maria T. Santillan, Mayor ATTEST: APPROVED AS TO (FORM: Fred Galante, City Attorney APPROVED AS To COMTEMT: - I - I �- at 6- J90 thari Colin, Director of C Services STATE OF CALIFORNIA D D� COUNTY OF (LOS ANGELES D 1, the undersigned, City Cleric of the City of Lynwood, do hereby certify that the foregoing Ordinance was duly adopted by the City Council of the City of Lynwood at a regular meeting held on the 2e day of April, 2010. AYES: COUNCIL MEMBERS FLORES, MORTON, CASTRO, RODRIGUEZ AND SAINTILLAN NOES: NONE ABSENT: NONE ABSTAIN: NONE ;- � % %_y STATE OF CALIFORNIA D D§ COUNTY OIL (LOS ANGELES D 1, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No -1630 in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 2e day of April, 2010. P ' 1 ; { % y�i 1. /Lt.i� " F:ES OOLUTIOO N NOO _ 3271 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOOD, CALIFORNIA. APPROVING A CHANGE IN THE PLANNING COMMISSIONS REGULAR MEETING TIME FROM 5:00 P.M. TOO 6:00 P.M. WHEREAS, the City Council, on April 6, 2010, voted to approve Ordinance No. 1630, which changed the Planning Commission regular meeting time from 6:30 p.m. to 5:00 p.m.; and . Nn/H ER[EAS, the Planning Commission, on July 13, 2010, expressed a concern over the revised regular meeting time at 5:00 p.m. related to public attendance and participation; and WHEREAS, the Planning Commission desires to change the regular meeting time from 5:00 p.m. to 6:00 p.m. to address concerns regarding public attendance and participation; and WHEREAS, the pertinent section of Ordinance No. 1630, codified in part in Section 25 -3 -2 of the Lynwood Municipal Code, permits the Planning Commission, by resolution, to change the time of its regular meetings. NOW, THEREFORE, THE PLANNING COMMISSION HEREBY FINDS AND DETERMINES AS FOLLOWS: Sectuon 1 . The Planning Commission finds that the above recitals are true and correct and are incorporated herein by this reference. SegUon 2 . In accordance with Section 25 -3 -2 of the Lynwood Municipal Code, beginning at the next regular meeting and continuing thereafter until changed by resolution or ordinance, the regular meetings of the Planning Commission shall be held at the hour of six o'clock (6:00) p.m. Sec4u ®n 3 . Except r the Lynwood Municipal p rovisions of Ordinance 1 30 and unmodified and in full force effect. Sectuon 4 . If any section, subsection, clause or phrase of this Resolution is for any reason, held to be unconstitutional, or otherwise invalid, such decision ^nt �tfprt thA validity of thR remaining sections of this Resolution. The Planning Commission subsection, �sentence't have passed phrase this Resolution and each section, thereof irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid. APPROVED AND ADOPTED this 10th day of August;, 2010, by members of the Planning Commission, voting as follows: ABSENT: APPROVED AS TO CONTENT: Jonathan Colin, Director Development Services Department Kenneth West, Chair Lynwood Planning Commission APPROVED AS TO FORM: Pam Lee, Assistant City Attorney City of Lynwood