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HomeMy Public PortalAboutOrd. 1709 ORDINANCE NO. 1709 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, APPROVING ZONE CHANGE NO. 2017-02 AT 3190 OAKWOOD AVENUE, FURTHER DESCRIBED AS ASSESSOR'S PARCEL NUMBER 6170-038- 016, FROM R-1 (SINGLE-FAMILY RESIDENTIAL) TO P-1 (AUTOMOBILE PARKING) WHEREAS, the Lynwood Planning Commission, pursuant to law, on November 14, 2017, conducted a duly noticed public hearing and adopted Resolution No. 3373 recommending approval of Zoning Ordinance Amendment No. 2017-02 to the City Council of the City of Lynwood; and WHEREAS, the land use prescribed in Zone Change No. 2017-02 is compatible with the uses authorized in, and the regulations prescribed for, the Automobile Parking 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, on December 19, 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 hereby ordains 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 Zoning The City Council hereby amends the City of Lynwood Zoning Map for Assessor's Parcel Number 6170-038-016, 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: Although the City General Plan does not identify a land use designation exclusively for parking, the City Zoning Code does specify that a P-1 (Automobile Parking) zoning district designation may be combined with "all other zones." The proposed Zone Change would allow establishment of an automobile parking lot use that would fulfill the City's goal of planning for new patterns of land uses which complement the overall character of existing uses, and which offer opportunities for compatible development of vacant and underutilized parcels. The Project site is a vacant corner lot. Establishment of the proposed small parking lot use would avoid a negative impact on the adjacent residential environment to the north and west in that less potential on-street parking in the adjacent residential neighborhood would occur and use of the Project site for employee parking would be limited to slightly more time than daily business hours of operation. 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 parking lot use will not adversely affect surrounding properties in that the proposed use will enable improvement of the vacant, dirt—surface Project site, with paving, landscaping, and vehicular access and exit driveways. The proposed employee parking lot will contain only eight parking spaces exclusively for WSS Shoes employee use. Store hours will not extend after 9:00 p.m. on week nights or weekends. No on-street parking will result from Project development. No automobile parking lot lighting or glare will impact 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 Site Plan Review No. 2017-15 and Variance No. 2017-02 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. Section 6: Repealer All conflicting ordinances and conditions are hereby repealed and replaced with this Ordinance, No. 1709 Section 7. The City Clerk shall certify to the adoption of this City Ordinance, and cause it to be published as required by law. First read at a regular meeting of the City Council held on the 19th day of December 2017, and adopted and ordered published at a regular meeting of said Council held on the 2nd day of January 2018. PASSED, APPROVED and ADOPTED this 20th day of February 2018. Jo Solache, Mayor ATTEST: Mari. Quinonez, City` lerk d#, APPROVED AS TO FORM: APPROVED AS TO CONTENT: Noel Tapia, City Attorn Jose O teotl, City Manager STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Ordinance was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 20th day of February 2018, and passed by the following votes: AYES: COUNCIL MEMBERS SANTILLAN-BEAS, CASTRO, AND MAYOR SOLACHE NOES: NONE ABSTAIN: COUNCIL MEMBER ALATORRE, MAYOR PRO TEM HERNANDEZ ABSENT: NONE Maria Quinonez, City 'lerk STATE OF CALIFORNIA ) ) COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Ordinance No. 1709 is on file in my office, and that said Ordinance was adopted on the date any by the vote therein stated. Dated this 20th day of February, 2018. Maria Quinonez, City Clerk