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Home My Public Portal AboutOrd. 1646ORDINANCE NO. 1646 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING ZONE CHANGE NO. 2011 -01, CHANGING THE ZONING DESIGNATION FROM R -2 (TWO- FAMILY RESIDENTIAL) TO PRD (PLANNED RESIDENTIAL DEVELOPMENT) TO ALLOW THE DEVELOPMENT OF TWENTY TWO (22) RESIDENTIAL UNITS ON PROPERTY LOCATED AT 4307 CARLIN AVENUE, ASSESSOR PARCEL NUMBER 6186- 011 -095 TO 6186 - 011 -117, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA WHEREAS, at the public hearing held on August 16, 2011, the City Council considered all pertinent testimony offered at the public hearing; and WHEREAS, at a public hearing held on July 12, 2011, the City's Planning Commission studied this issue and forwarded a recommendation that the City Council approve the proposed Zone Change; and WHEREAS, on April 28, 2007 the Design Review Board recommended approval of the project to construct twenty -two residential units at 4307 Carlin Avenue, Lynwood, California ( "Project Site "); and WHEREAS, on April 10, 2007 the Lynwood Planning Commission approved Conditional Use Permit No. 2007 -06, which permitted construction of twenty -two detached residences, two- stories in height, with attached two -car garages at the Project Site, with conditions of approval, one of which is that five of the residential units are to be affordable units (with unspecified affordability level); and WHEREAS, on April 10, 2007 the Lynwood Planning Commission approved Tentative Tract Map No. 2007 -01, which subdivided the Project Site from one parcel into twenty -two lots; and WHEREAS, on April 10, 2007 the Lynwood Planning Commission approved Variance No. 2007 -03, which permitted a reduction of minimum garage dimensions for the affordable residences to be located at the Project Site; and WHEREAS, on April 10, 2007 the Lynwood Planning Commission approved Tenant Impact Report and Negative Declaration /Initial Study to construct twenty -two residential units at the Project Site; and WHEREAS, the Lynwood Planning Commission has determined that a PRD (Planned Residential Development) zoning designation for the subject property would be consistent with the Lynwood General Plan and would be an appropriate zone for the location and development of the project; and WHEREAS, the Development Services Department performed an Initial Study and has determined that the project will not have significant impacts on the environment; therefore the project is exempt from review under California Environmental Quality Act ( "CEQA ") Guideline Section 15061(b)(3). Furthermore, the project has not changed from the previous environmental review conducted for the approval of the Tenant Impact Report and adoption of the Negative Declaration /Initial Study on April 10, 2007. Conditions of approval have been incorporated into the project that would protect the public health, safety and welfare and ensure quality development. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Pursuant to Lynwood Municipal Code ( "LMC ") Section 25- 115 -4, pertaining to the findings required to approve a zone change or zoning code amendment, the City Council hereby finds and determines as follows: A. The proposed zone change from R -2 to PRD (Planned Residential Development) zoning designation of the Project Site is consistent with goals and policies set forth in the Lynwood General Plan Land Use, Long Beach Specific Plan and Economic Development Elements. The PRD zoning designation supports the General Plan Land Use Goal LU -1 by providing diverse residential opportunities and lifestyles to fit the current and future needs of Lynwood residents. The density of the PRD zoning designation and the project supports the higher density in the area, where surrounding properties are R -3 (multi - family residential) zoned. Also, the Project Site is near Atlantic Ave, a major arterial in the City, and serves as a transition from single - family residential to commercial and industrial land uses. The PRD zoning designation also encourages medium /high density residential and active open space uses, which is General Plan Land Use Goal LU -6. B. The PRD (Planned Residential Development) zoning designation will not adversely affect surrounding properties and would not negatively impact the public health, safety, or welfare or properties in the vicinity. Other properties surrounding the Project Site are residential uses, and properties directly to the north, west, and east are all R -3 (multiple - family residential) zoned. Section 2. The Planning Commission recommended approval to the City Council of Zone Change No. 2011 -01, changing the zoning designation of the Project Site from R -2 to PRD (Planned Residential Development), subject to all conditions, restrictions and limitations set forth as follows: CONDITIONS OF APPROVAL DEVELOPMENT SERVICE DEPARTMENT 1. The conditional use must be acted upon within one year. The Zone Change shall become null and void 365 days from the date of approval if not acted on within this period. One extension of 1 year may be granted if the extension is requested in writing prior to the end of the valid period, at the discretion of the Development Services Department. 2. Five (5) of the twenty -two (22) residential units shall be affordable moderate income housing units, while the remaining seventeen (17) residential units can be market rate units. This affordability covenant is required to be effective for a minimum of ten (10) years, per the previous planning approvals approved by the Planning Commission on April 10, 2007. 3. The project shall comply with all regulations and standards set forth in the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code and all other City Departments. 4. The project shall be developed and maintained in accordance with plans approved by the Planning Commission on April 10, 2007, on file in the Development Services Department, Planning Division. 5. Any proposed subsequent modification of the subject site or structures thereon, shall be first reported to the Development Services Department, Planning Division, for review of said modifications prior to approval and implementation thereof. 6. The property owner or his /her representative, shall sign a Statement of Acceptance stating that he /she has read, understands, and agrees to all conditions of this resolution prior to submission to the Building and Safety Division for plan check. 7. Conditions of approval shall be printed on plans (cover sheet) prior to submission to the Building and Safety Division for plan check. 8. Prior to obtaining a final approval from the Building Division, applicant/property owner shall obtain final signatures from other departments (i.e. Fire Department, Planning, and Public Works /Engineer Department) 9. All appeals must be brought within ten (10) working days of the date of the final action by the Planning Commission. An appeal will be scheduled for public hearing before the City of Lynwood's City Council. Persons filing the appeal must submit an application and pay a fee of $ 920.26. Section 3. The City Council of the City of Lynwood, based upon the aforementioned findings and determinations, hereby approves Zone Change No. 2011- 01 changing the zoning designation for 4307 Carlin Avenue (Assessor Parcel Map Numbers 6186 - 0011 -095 to 6186- 011 -117) from R -2 (Two - Family Residential) to PRD (Planned Residential Development). First read at a regular meeting of the City Council held on the 16th day of August, 2011 and adopted and ordered published at a regular meeting of said Council held on the 6th day of September, 2011. PASSED, APPROVED, and ADOPTED this 6th day of September, 2011. Aide Castro, Mayor ATTEST: Maria Quinonez, City Clerk oger L. Haley, 4dy Manager APPROVED AS TO FORM: Fred Galante, City Attorney APPROVED AS TO CONTENT: Jo athan Colin, Director Development Services STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Ordinance was duly adopted by the City Council of the City of Lynwood at its regular meeting held on the 6th day of September, 2011. AYES: COUNCIL MEMBERS FLORES, RODRIGUEZ, SANTILLAN, MORTON AND CASTRO NOES: NONE ABSTAIN: NONE ABSENT: NONE 1)4&11 1-1 v - STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No. 1646 in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 6th day of September, 2011. WKA_rriaQ City Clerk