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"