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HomeMy Public PortalAboutOrd. 1719 ORDINANCE NO. 1719 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING ZONING CODE AMENDMENT NO. 2019-02, AMENDING APPENDIX A OF CHAPTER 25 OF THE LYNWOOD MUNICIPAL CODE IN ORDER TO ESTABLISH A NEW LAND USE DESIGNATION THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. 1.1 The City of Lynwood ("City") has received increased inquiries and applications from business owners to establish and operate businesses that were not listed and/or were omitted under Appendix A of Chapter 25 "Zoning" of the Lynwood Municipal Code; and 1.2 The Lynwood Zoning Ordinance contains Chapter 25, Appendix A relating to the construction, modification, and placement of such establishments, which was enacted April 4, 2006; and 1.3 The Lynwood City Council modified Chapter 25, Appendix A of the Lynwood Municipal Code on December 18, 2018; and 1.4 The Lynwood City Council modified Chapter 25, Appendix A of the Lynwood Municipal Code on March 19, 2019; and 1.5 The City of Lynwood initiated Zoning Code Amendment No. 2019-02; and 1.6 On April 2, 2019, the Lynwood City Council held a duly noticed and advertised public hearing to receive oral and written testimony related to Zoning Code Amendment No. 2019-02; and 1.7 The City of Lynwood Municipal Code shall be modified to reflect the Zoning Code Amendment No. 2019-02. Section 2. Findings. The following findings are adopted in support of Zone Code Amendment No. 2019-02. Based on substantial evidence presented to this City Council during its public hearing on April 2, 2019, including written and oral staff reports and the record from the public hearing, this City Council hereby finds as follows: A. Conformance with General Plan — The proposed amendment is consistent with the General Plan and its goals, objectives, policies, and programs. 1 FACT: The proposed Zoning Code 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. B. That a proposed Zoning Code Amendment will not adversely affect surrounding properties. FACT: The proposed Zoning Code Amendment would ensure uses are consistent with surrounding land uses within the same general area. Section 3. The City Council approves the amendment of the matrix in Chapter 25 (Zoning) Appendix A entitled "Uses By Zoning District" of the Lynwood Municipal Code to include the land use designation of "Cannabis (Testing Only)" to the C-3 (Heavy Commercial) zone and limit the number of allowable "Cannabis (Testing Only)" facilities within this zone to a maximum number of one (1) facility. Section 4. Municipal Code Amendment. The City Council approves the amendment of the matrix in Chapter 25 (Zoning) Appendix A entitled "Uses By Zoning District" of the Lynwood Zoning Code to read as follows: "Land Use R-1 R-2 R-3 PRD P-1 C-2 C-2A C-3 PCD CB-1 M HMD PF OS SPA CCOA Cannabis (Testing Only) P* P* P— Permitted by Right S—Site Plan Review T—Temporary Use C—Conditional Use Permit A—Accessory Use Only *Must have an approved development agreement, pursuant to LMC Title 4-34. In addition, only one (1) cannabis testing facility is allowed within the C-3 (Heavy Commercial)zone at any one time. Section 5. This Ordinance is not subject to the California Environmental Quality Act CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections: 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. This Ordinance maintains the status quo and prevents changes in the environment pending the completion of the contemplated municipal code review. Because there is no possibility that this Ordinance may have a significant adverse effect on the environment, the adoption of this Ordinance is exempt from CEQA. Section 6. Effect of Enactment. Except as specifically provided herein, nothing contained in this Ordinance shall be deemed to modify or supersede any prior enactment of the City Council that addresses the same subject addressed herein. 2 Section 7. If any section, subsection, sentence, clause or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Lynwood HEREBY DECLARES that it would have passed and adopted this Ordinance and each and all provisions thereof, irrespective of the fact that any one or more of said provisions may be declared to be invalid. Section 8. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. Section 9. Adoption. The City Clerk shall certify to the adoption of this Ordinance and shall publish a summary of this Ordinance and post a certified copy of the full Ordinance in the office of the City Clerk at least five days prior to the adoption and within 15 days after adoption of the Ordinance, the City Clerk shall publish a summary of the Ordinance with the names of the Councilmembers voting for and against the Ordinance. This Ordinance shall take effect thirty days after the date of its adoption. Section 10. The City Clerk shall certify to the adoption of this Ordinance. PASSED, APPROVED AND ADOPTED this 16th day of April 2019. art Jo-.e Luis Solache, ".yor ATTEST: / KIrd_m '1A0 aria Quinonez, 7ty Clerk APPROVED AS TO FORM APPROVED AT TO CONTENT Noel Tapia, City Attorney Jose meteotl, City Manager 3 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 a regular meeting held in the City Hall of said City on the 16th day of April, 2019, and passed by the following vote: AYES: COUNCIL MEMBER CASANOVA, SANTANA, AND MAYOR SOLACHE NOES: COUNCIL MEMBER ALATORRE ABSENT: NONE ABSTAIN: NONE i --f Maria Quinonez, City Clerk 4