Loading...
HomeMy Public PortalAbout2019.145 (11-19-19) RESOLUTION NO. 2019.145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING AN AMENDMENT TO THE LYNWOOD GENERAL PLAN PERTAINING TO CHANGING THE LAND USE DESIGNATION FROM COMMERCIAL TO RESIDENTIAL IN REGARD TO FOUR (4) PARCELS COMPRISING APPROXIMATELY 0.46 ACRES LOCATED ADJACENT TO THE ATLANTIC CROSSING SHOPPING CENTER AT ATLANTIC AVENUE AND IMPERIAL HIGHWAY FURTHER DESCRIBED AS ASSESSOR PARCEL NUMBERS 6193-003-902, 6193-003-903, 6193-003-904 AND 6193-003-905 (HEREIN REFERRED TO AS "SITE") WHEREAS, approval of the General Plan Amendment No. 2019-01 would designate four(4) properties identified by Assessor Parcel Numbers 6193-003-902, 6193- 003-903, 6193-003-904 and 6193-003-905 (herein collectively referred to as "Site") from Commercial to Residential General Plan Designation; and WHEREAS, currently the Site is vacant and undeveloped as per current General Plan and Zoning Code designations; and WHEREAS, the Lynwood Municipal'Code (LMC) Chapter 25 (Zoning), Article 110 (General Plan Amendment) authorizes and sets standards for approval of General Plan Amendment applications; and WHEREAS, City of Lynwood policy encourages consistency of its Zoning Code with the General Plan and promotes separation of conflicting land uses through good planning practices; and WHEREAS, at a public hearing held on November 12, 2019, the Planning Commission adopted Resolution No. 3412, thereby recommending approval to the City Council of General Plan Amendment No. 2019-01; and WHEREAS, on November 7, 2019, General Plan Amendment No. 2019-01 was noticed through the regular agenda notification process, which included a 300-foot radius public hearing notice (from the subject site) to all property owners, and publication in the Lynwood Press Wave. In addition, the notice was posted at three (3) public locations, - which included inside City Hall, outside City Hall at the kiosk, and on the City's website; and WHEREAS, on November 19, 2019, the City Council held a public hearing to receive public testimony relative to General Plan Amendment No. 2019-01; and 1 WHEREAS, the City of Lynwood 2014-2021 Housing Plan has determined that 20 percent of all Lynwood households were classified as overcrowded to severely overcrowded constituting an approximately 40 percent higher percentage than Los Angeles County population as whole for the same category; and WHEREAS, the City of Lynwood 2014-2021 Housing Element recognizes that housing overcrowding "can lead to neighborhood deterioration due to the intensive use of individual housing units leading to excessive wear and tear, and the potential cumulative overburdening of community infrastructure and service capacity. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Pursuant to LMC Section 25.110-3, pertaining to the findings required to approve a General Plan Amendment, the City Council hereby finds and determines as follows: A. The above recitals are true and correct and incorporated herein and made a part of these findings. B. The approval of the proposed GPA will enable the establishment of a beneficial community use from a presently vacant and underutilized property to a residential use, the highest and best use of the subject site. In addition, the proposed GPA is entirely appropriate as the proposed entitlement request will allow for the development of in-scale and compatible residential uses immediately adjacent to a single-family and multi-family neighborhoods as well as complimentary commercial uses. Primary access from Imperial Highway and Atlantic Avenue for this historically underutilized site will further add a community benefit in the public's best interests. C. The establishment of residential uses are in keeping with the goals, policies, and objectives of the Lynwood General Plan. More specifically, the Land Use, Noise, Housing and Economic Development Plan Elements: Housing Element Policy 2.1 —"Identify and monitor suitable sites to accommodate the City's 201 4-2021 RHNA allocation and encourage the construction of new affordable housing by advertising vacant and underdeveloped parcels to developers." The proposed zoning change creates housing opportunity and encourages the development of housing within the City consisting with the Housing Element. Housing Element Policy 2.3 — "Facilitate and encourage the development of affordable housing for seniors, large families, and other identified special housing needs." The proposed zoning change creates housing opportunity and encourages the development of housing within the City consisting with the Housing Element. 2 Land Use Element Policy 4.1.3 — "Ensure that residential neighborhoods are protected from the encroachment of incompatible activities or land uses which may have a negative impact on the residential environment." Changing the General Plan Designation as proposed will result in a compatible activity and land use immediately adjacent to single-family and multi-family residential uses. Land Use Policy LU-1.5 Residential High Density (R-3) — "The Residential High designation allows multi-family developments of apartments, condominiums, and single-family attached units. At 4.7 persons per household, the maximum population density is 85 persons acre." Completing the proposed GPA complies with this Land Use Policy by adding and creating a mix of housing specifically targeting these high density residential housing types and contribute to the shortage of housing in the City. Noise Element— "California Office of Noise Control Land Use Compatibility Matrix for Community Noise Exposure establishing `Normally Acceptable', `Conditionally Acceptable' and `Normally Unacceptable'." The proposed project will achieve a dB level of less than 70 and determined a "Normally Acceptable" noise level which will not be a nuisance to the surrounding single-family and multi-family residential neighborhoods. The proposed development will act as an ideal buffer between sensitive receptors and noise-generating commercial uses. "Goal NOI-1 will protect those living, working, and visiting the community from exposure to excessive noise." Policy NOI-1-1 Sensitive Receptors — "Prohibit the development of new commercial, industrial, or other noise-generating land uses adjacent to existing residential uses and sensitive noise receptors such as schools, health care facilities, libraries, and churches if noise levels are to exceed 65 dBA CNEL (decibels on A-weighted scale Community Noise Equivalent Level)." Policy Economic Balance—"The City shall regularly evaluate the City's population characteristics, housing stock, character, and changing employment trends to better compete with neighboring communities." The potential development of new housing inventory will better position the City in these category trends. D. The proposed GPA will not conflict with the provisions of the zoning code because any subsequent development will be required to comply with all of the development standards of the underlying zone. If a subdivision action is proposed, subdivision regulations will not be impacted as it must comply with the standards of Subdivision Map Act. Finally, the subject site is not within or near any city specific plan overlay area. E. The proposed GPA will not adversely affect surrounding properties and does not have a negative impact on the City's land use policies. 3 The proposed GPA and ZC actually compliment good zoning practices and creates a compatible use that creates a buffer between commercial uses and single-family to multi-family residential uses. Section 2. The proposed General Plan Amendment and Zoning Code actually compliments good zoning practices and creates a compatible use that creates a buffer between commercial uses and single-family to multi-family residential uses. Section 3. Consistent with the Planning Commission's recommendation, the City Council hereby approves General Plan Amendment No. 2019-01 changing the designation of the Project Site from Automobile Parking (P-1) to Multi-Family Residential (R-3). This General Plan Amendment No. 2019-01 shall not go into effect until Zone Change No. 2019-01 goes into effect. Section 4. This Resolution 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. The Resolution 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 Resolution may have a significant adverse effect on the environment, the adoption of this Resolution is exempt from CEQA. Section 5. If any section, subsection, sentence, clause or word of this Resolution 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 Resolution. The City Council of the City of Lynwood HEREBY DECLARES that it would have passed and adopted this Resolution 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 6. This resolution shall be effective immediately upon adoption. Section 7. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect. (Signatures on Next Page) 4 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lynwood, California, this 19th day of November 2019. Jos J Luis Solache, Ma :r ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: APPROVED AT TO CONTENT: /Q0.e_f) c Noel Tapia, Jose eteotl, City Attorney City anager 5 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 resolution was duly adopted by the City Council of said City at its regular meeting thereof held in the City Hall of the City on the 19th day of November, 2019 and passed by the following vote: AYES: COUNCIL MEMBERS ALATORRE, CASANOVA, SANTANA, MAYOR PRO TEM CASTRO, AND MAYOR SOLACHE NOES: NONE ABSTAIN: NONE ABSENT: NONE Maria 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 Resolution No. 2019.145 on file in my office and that said resolution was adopted on the date and by the vote therein stated. Dated this 19th day of November, 2019. aria Quinonez, City Clerk 6