Loading...
HomeMy Public PortalAboutOrd. 1661ORDINANCE NO. 1661 AN ORDINANCE OF THE CITY OF LYNWOOD'S CITY COUNCIL APPROVING ZONING ORDINANCE AMENDMENT NO. 2013 -04 AMENDING SECTION 25 -20.8 OF THE LYNWOOD MUNICIPAL CODE PERTAINING TO SECOND UNITS IN THE R -1 ZONE IN ORDER TO REMOVE THE "DEPENDENT HOUSING" RESTRICTION WHEREAS, the Lynwood Planning Commission, pursuant to law, on March 12, 2013 conducted a public hearing and adopted Resolution No. 3318 recommending approval of Zoning Ordinance Amendment No. 2013 -04 to the City Council of the City of Lynwood; and WHEREAS, the City Council, pursuant to law, on April 16, 2013 conducted a public hearing and considered all pertinent testimony offered at the public hearing; and WHEREAS, the City recognizes that second units provide a unique opportunity to create affordable housing in residential areas; and WHEREAS, Section 25 -20.8 of the Lynwood Municipal Code (LMC), the City allows for the construction of second units in R -1 (single - family residential) zones, considering that proposals meet established development standards; and WHEREAS, Sections 65852.2 and 65583.1 of the Government Code requires local governments with local second unit ordinances to ministerially consider second unit applications and identify realistic capacity for second units in addressing the local government's share of the county's regional housing need; and WHEREAS, California courts have struck down as invalid and in violation of one's right to privacy second unit ordinances that restrict the occupancy of second units to certain types of persons, including, but not limited to, relatives or dependents of the occupant of the main dwelling unit; and WHEREAS, current regulations restrict second units to "dependent housing," but in order to comply with State law and. ensure that there are no constraints to the development of second units, the City wishes to remove the "dependant housing" condition in the existing ordinance; and WHEREAS, under the California Environmental Quality Act (CEQA), an Addendum to a certified Environmental Impact Report (EIR) or Negative Declaration (ND) is needed if minor technical changes or modifications to the proposed project occur (CEQA Guidelines Section 15164). An Addendum is appropriate only if these minor technical changes or modifications do not result in any new significant impacts or a substantial increase in the severity of previously identified significant impacts. The Addendum need not be circulated for public review (CEQA Guidelines Section 15164[c]); however, an Addendum is to be considered along with the decision making body prior to making a decision on the project (CEQA Guidelines Section 15164[d]); and WHEREAS, the Initial Study /Negative Declaration Addendum demonstrates that the environmental analysis, impacts, and mitigation measures identified in the 2006- 2014 Housing Element Initial Study remain substantively unchanged by the 'situation described herein, and supports the finding that the proposed implementation 'of the Programs described_ above do not raise any new issues and does not exceed the level of impacts identified in the IS /ND. NOW THEREFORE, THE CITY COUNCIL OF THE -CITY OF'LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City of Lynwood's City Council 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 No. 3, amending Section 25 -20.8 of the Lynwood Municipal Code ;insdrder, to'.- remove "dependent housing" restrictions from Second Unit in R -1 Zones regulations. 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 sand 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. As part the City's adoption of the 2006 -2014 Housing Element, the City prepared and adopted a Negative Declaration, which analyzed' all. components and programs of the Housing Element including Program 1c requiring new, regulations for Emergency, Transitional, and. Supportive Housing to comply with Senate Bill 2 and the City will amend the existing Negative Declaration in order to reflect the completion of these regulations. ,Section 6. The City Clerk shall certify to the adoption of this Ordinance. First read at a regular meeting of the City Council held on the 16th day'of Apri1;:2013 and adopted and ordered published at a regular meeting of said Council,on the 7t "':day of May, 2013. PASSED, APPROVED, and ADOPTED this 7th day of May, 2013. ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: Fred Galante, City Attorney Salvador Alatorre, Mayor APPROVED AS TO CONTENT: ✓ Jon han Colin, Director Delopment 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 7th day of May, 2013. AYES: COUNCIL MEMBERS CASTRO, SANTILLAWBEAS, MORTON, RODRIGUEZ AND ALATORRE NOES: NONE ABSENT: NONE r ABSTAIN: NONE / �- .h-? / Maria Quinonez, City. Clerk J 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. 1661 in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 7th day of May, 2013. i aria Quinonez, City Clerk 25 -20 -8: SECOND UNITS IN R -1 ZONES: Second dwelling units may be built on single - family lots, subject to the following requirements: A. The lot on which the proposed second dwelling unit is to be located must have a minimum area of six thousand two hundred twenty (6,220) square feet. B. A legal, conforming primary dwelling unit shall exist on the lot. Any building code violations existing in the primary dwelling unit shall be corrected to the satisfaction of the city prior to the occupancy of the second dwelling unit. C. The second dwelling unit may be detached from the primary dwelling unit. A minimum ten foot (10') separation must be provided between the primary unit and the dependent housing unit. No travel trailers, garages or accessory structures shall be permitted as dependent housing units. D. The second dwelling unit shall contain no more than one thousand two hundred (1,200) square feet of gross floor area and shall not exceed the size of the primary dwelling unit. E. The second dwelling unit shall conform to the height, setback, lot coverage, and other development standards applicable to construction of primary dwelling units in the zone district in which the unit is proposed to be located. F. The architectural treatment of the second dwelling unit shall match that of the primary dwelling unit. G. The second dwelling unit shall not extend beyond the primary dwelling unit, where the primary unit faces a right of way. H. Additional parking for the second dwelling unit shall be required consistent with article 65 of this chapter. If existing parking is nonconforming, one additional space shall be provided for the second dwelling unit. The parking space must meet the access, paving, and other applicable requirements contained in article 65 of this chapter. I. For the purposes of subsection I of this section, "retrofit" shall mean removal of the kitchen or other cooking facilities, or other modifications specified by the development services director. J. The permittee shall submit written notification to the planning department of any change in residency in the second dwelling housing unit. (Ord. #1563, §3) "Exhibit No. 3"