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HomeMy Public PortalAboutOrd. 1695ORDINANCE NO. 1695 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, APPROVING ZONE CHANGE NO. 2017-01 AT 3158 MARTIN LUTHER KING JR. BOULEVARD, FURTHER DESCRIBED AS ASSESSOR'S PARCEL NUMBER 6170-029-001, FROM C-3 (HEAVY COMMERCIAL) TO R-1 (SINGLE-FAMILY RESIDENTIAL) WHEREAS, the Lynwood Planning Commission, pursuant to law, on May 9, 2017, conducted a duly noticed public hearing and adopted Resolution No. 3373 recommending approval of Zoning Ordinance Amendment No. 2017-01 to the City Council of the City of Lynwood; and WHEREAS, the land use prescribed in Zone Change No. 2017-01 is compatible with the uses authorized in, and the regulations prescribed for, the Single -Family Residential land use district in which the property is located, including any policy plan. overlay applicable to the property; and WHEREAS, the proposed zoning implements the General Plan's policies and goals for orderly development that is adequately supported by public infrastructure and services; and WHEREAS, per Chapter 25, Article 115 of the Lynwood Municipal Code, a Zone Change must be approved by the City Council; and WHEREAS, the City Council, pursuant to law, on July 5, 2017, conducted a duly noticed public hearing and considered all pertinent testimony offered at the public hearing; and .WHEREAS, on July 18, 2017, the City Council of the City of Lynwood held a public hearing to consider the subject Zone Change; and WHEREAS, before considering approval of this project, the City Council found that the project is exempt from the California Environmental Quality Act pursuant to Section 15301 of CEQA Guidelines (Existing Facilities). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS FOLLOWS: Section 1: Purpose and Authority The purpose of this Ordinance is to amend the City of Lynwood Zoning Map as shown on the attached Exhibit A, incorporated herein by this reference. Section 2: Enactment of New Zoninq The City Council hereby amends the City of Lynwood Zoning Map for Assessor's Parcel Number 6170-029-001, as shown on Exhibit A, incorporated herein by this reference, on the basis of the following findings: Finding: Pursuant to Section 65860(a) of the California Government Code and pursuant to Section 25-115-4 of the City of Lynwood Zoning Code, the rezone must be consistent with the goals, policies and objectives of the City General Plan Evidence: The proposed General Plan Amendment is consistent with the City General Plan Goal of establishing a balance of land uses that functions to provide benefit for the Lynwood community. Also, establishment of a church use would improve the now vacant property without conflicting with the overall character of land uses in the vicinity of the proposed project site. The proposed Zone Change would extend the adjacent Single -Family Residential zone to Martin Luther King Jr. Boulevard, which is the case along the majority of the Boulevard, within the City of Lynwood to the east of the proposed project site across Long Beach Boulevard. Finding: Pursuant to Section 25-115-4 of the City of Lynwood Zoning Code, the rezone will not adversely affect surrounding properties. Evidence: The proposed church use will not adversely affect surrounding properties in that the congregation is small, as indicated on plans for only 18 fixed seats. Worship services will occur only on Sundays and Wednesdays. Access to the proposed project site is via Martin Luther King Jr. Boulevard. Parking lot lighting is not intrusive onto adjacent residential properties. Section 3: No Mandatory Duty of Care This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care toward persons and property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law. Section 4: Severability Should any section or provision of this Ordinance or any Ordinance pertaining to the companion applications identified as Conditional Use Permit No. 2017-01 and Major Variance No. 2017-01 be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of this Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. Section 5: Effective Date The effective date of this Ordinance. shall be upon approval by the City Council of the City of Lynwood, California. 2 Section 6: Repealer All conflicting ordinances and conditions are hereby repealed and replaced with this Ordinance, No. 3373. Section 7. The City Clerk of the City of Lynwood shall certify to the adoption of this Ordinance and cause the same to be posted and/or published as required by law. First read at a regular meeting of the City Council held on the 18th day of July, 2017 and adopted and ordered published at a special meeting of said Council on the 31St day of July, 2017. PASSED, APPROVED AND ADOPTED this 31St day of July, 2017. ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: ^ J, r 5) 4 Noel Tapia, City AttorVey Maria T. Santillan-Beas, Mayor APPROVED AS TO CONTENT: Alma K. M rtinez, it anager STATE OF CALIFORNIA ) ) SS. 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 special meeting held on the 18th day of July, 2017. AYES: COUNCIL MEMBERS ALATORRE, CASTRO, HERNANDEZ MAYOR PRO TEM SOLACHE AND MAYOR SANTILLAN-BEAS NOES: NONE ABSENT: NONE ABSTAIN: NONE aria Quinonez, City Clerk 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. 1695 in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 18th day of July, 2017. Maria Quinonez, City Clerk 0 0