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Home My Public Portal AboutOrd. 1728 ORDINANCE NO. 1728 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING ZONE CHANGE NO. 2019-01 CHANGING THE ZONING DESIGNATION FROM P-1 (AUTOMOBILE PARKING) TO THE R-3 (MULTI-FAMILY RESIDENTIAL) FOUR (4) PROPERTIES IDENTIFIED BY ASSESSOR PARCEL NUMBERS 6193-00. 3-902, 6193-003-903, 6193-003-904 AND 6193-003-905 WHEREAS, the City of Lynwood has an adopted Zoning Ordinance and associated maps, including specific development standards to control development; and WHEREAS, approval of Zone Change No. 2019-01 would designate four properties identified by Assessor Parcel Numbers 6193-003-902, 6193-003-903, 6193- 003-904 •and 6193-003-905 (herein collectedly referred to as "Project Site") from P-1 (Automobile Parking) to R-3 (Multi-Family Residential); and WHEREAS, the Lynwood Municipal Code (LMC) Chapter 25 (Zoning), Article 115 (Zoning Code and Zoning Map Amendments) authorizes and sets standards for approval of Zone Change 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 on November 12, 2019, the Planning Commission adopted Resolution No. 3411, thereby recommending approval to the City Council of Zone Change No. 2019-01; and WHEREAS, on November 7, 2019, Zoning Change 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 Zone Change 2019-01. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Pursuant to LMC Section 25-115-4, pertaining to the findings required to approve a zone change or zoning code amendment, the City Council hereby finds and determines as follows: 1 A. The above recitals are true and correct and incorporated herein and made a part of these findings. B. The proposed zone change from P-1 (Automobile Parking) to R -3 (Multi- Family Residential) zoning designation of the Project Site is consistent with goals, policies, and objectives of the Lynwood General Plan. More specifically, the Land Use, Noise, Safety, Housing and Economic Development Plan Elements: Housing Plan 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 consistent with the Housing Element. Housing Plan 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 consistent with the Housing Element. 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 GENERAL PLAN AMENDMENT 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 2 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. In addition, the establishment of a multi-family zone will improve the present undeveloped property without conflicting with the overall character of land uses in the vicinity of the proposed site. The proposed Zone Change would enhance the adjacent Single-Family and expand the Multi-Family Residential zones in the area. C. The R-3 (Multi-Family) zoning designation will not will not adversely affect surrounding properties and does not have a negative impact on the City's land use policies. Section 2. The proposed Zoning Code amendment 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 Zone Change No. 2019-01 changing the zoning designation of the Project Site from P-1 (Automobile Parking) to R-3 (Multi-Family Residential). Section 4. 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. Because there is no possibility that this Ordinance 3 may have a significant adverse effect on the environment, the adoption of this Ordinance is exempt from CEQA. Section 5. 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 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. Section 7. 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. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the.City of Lynwood, California this 17th day of December 2019. Aide Castro, Mayor ATTEST: C ••0/(-/1) Nraria Quifionez, City Clerk . APPROVED AS TO FORM: APPROVED AT TO CONTENT: AL.10 o� Noel Tapia, JoseO1r eotl, City Attorney City M-nager 4 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 17th day of December, 2019, and passed by the following vote: AYES: COUNCIL MEMBER ALATORRE, SANTANA, SOLACHE, MAYRO PRO TEM CASANOVA, AND MAYOR CASTRO NOES: NONE ABSENT: NONE ABSTAIN: NONE Ly. V/ /A tiVMaria Quinonez, City Clerk 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.1728. on file in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 17th day of December, 2019. da— • Z 40 aria Quinonez, r City Clerk 5