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Home My Public Portal About3414 RESOLUTION NO. 3414 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA RECOMMENDING TO THE LYNWOOD CITY COUNCIL APPROVAL OF SITE PLAN REVIEW NO. 2019-66 — DENSITY BONUS, APPROVING A TEN (10) UNIT DENSITY BONUS PROJECT HAVING A MAXIMUM OF THREE (3) DENSITY BONUS UNITS, AN INCENTIVE OR CONCESSION FOR A REDUCED REAR YARD SETBACK TO 12'-6" IN LIEU OF THE REQUIRED 15', ALTERNATIVE PARKING STANDARDS PURSUANT TO GOVERNMENT CODE SECTION 65915, IN EXCHANGE FOR DESIGNATING ONE (1) AFFORDABLE UNIT TO A VERY LOW INCOME HOUSEHOLD AND THE APPROVAL OF AN AFFORDABLE HOUSING COVENANT AND AGREEMENT. WHEREAS, on November 21, 2019 the Site Plan Review Committee recommended approval of the project to construct, use and maintain a 10-unit apartment housing development with one (1) restricted unit dedicated for a Very Low Income household, and; WHEREAS, State of California Density Bonus Law (Government Code sections 65915-65918) requires, when an applicant proposes a housing development within the jurisdiction of a local government, that the city, county, or city and county provide the developer with a density bonus and other incentives or concessions for the production of lower income housing units or for the donation of land within the development if the developer, among other things, agrees to construct a specified percentage of units for very low, low-, or moderate-income households or qualifying residents. That law makes an applicant ineligible for a density bonus if the housing development is proposed on property with existing or certain former dwelling units subject to specific affordability requirements, including a form of rent or price control through a public entity's valid exercise of its police power, or on property with existing units occupied by lower or very low income households, unless the proposed housing development replaces those units as prescribed. That law defines "replace" for those purposes to mean, among other things, providing the same number of equivalent units to persons or families in the same or lower income categories. WHEREAS, on December 10, 2019, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony related to Site Plan Review No. 2019-66 — Density Bonus; and WHEREAS, the Lynwood Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. 1 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Lynwood as follows: SECTION 1. The Lynwood Planning Commission hereby finds and determines as follows: A. That the proposed uses are consistent with the General Plan. The project is consistent with the goals arid policies of the Housing Element of the General Plan: Policy 1.4 Utilize the Land Use Element of the General Plan and the zoning ordinance to provide adequate sites for a variety of housing types... Policy 1.5 Where appropriate, encourage the re-designation of vacant or underutilized non-residential lands to residential use, with allowable densities to facilitate the development of a variety of housing types to meet the existing and projected needs of all economic segments of the City. Policy 1.8 Pursue the acquisition of substandard units and assembly of land for the development of new residential units. Policy 3.3 Provide incentives for and otherwise encourage the private development of new affordable housing for low- and moderate-income households. Policy 3.5 Facilitate the construction of low- and moderate-income housing, to the extent possible. Furthermore, the project will further facilitate the City's goals for encouraging private development of affordable housing particularly within the Redevelopment Agency Project areas. Part of the "Quantified Objectives" of the Housing Element contains provisions for land assembly and new development for the purpose of "...the construction of new single-family owner-occupied units and new multi- family units, for all economic groups." As such, the project is consistent with the City's General Plan. B. That the nature, condition, and development of adjacent uses, buildings and structures have been considered, and the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures. 2 The proposed site plan layout places buildings on the site at strategic locations in order to provide open spaces, setbacks, space between buildings and placement of amenities in a manner that is compatible with surrounding uses. There is an ample landscape buffer along the property line providing insulation between the single family dwelling and the surface parking lot of the proposed development. The units have been clustered into two separate buildings to reduce the appearance of building mass and monolithic design. Each building is set back from the property lines leaving a landscape buffer with continuous pedestrian access around the perimeter of the property. All of the surrounding uses, including the nearby single family and multi-family dwellings, are at a sufficient distance and/or have a sufficient buffer. Additionally, before the issuance of City development permits, the project is required to comply with all conditions set forth in the resolution and with the Building. and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project will not be detrimental to the public health, safety or welfare nor will it be materially injurious to the properties or improvements in the vicinity. C. That the site for the proposed use is of adequate size and shape to accommodate the use and buildings proposed. The approximately 0.351 acre site with the proposed 19,642 square foot of building area on-site parking stalls is adequate to accommodate the proposed use. The site has been designed to be cohesive with the neighborhood and proposes a compatible project with one (1) incentive or concession to reduce the rear yard setback from 15 feet to 12 fee, 6 inches. The project's heavy landscaping to further enhance the appearance of the vicinity. The site is served by Carlin Avenue to the south and Agnes Avenue north, which both has been designed to accommodate the type and intensity of traffic to be generated by the proposed use. Additionally, conditions have been imposed on the operating procedures to ensure that the proposal minimizes any potential negative impacts on the adjacent and surrounding properties. D. That the proposed use complies with all applicable development standards of the zoning district. The project conforms to all applicable development standards and meets the requirements of the State of California's Density Bonus Law provisions to permit certain development provisions and incentives or concessions. 3 E. That the proposed use observes the spirit and intent of the Zoning Code. The zoning code serves to regulate the orderly development of land uses consistent with the policies and objectives of the General Plan. The project site design and layout, as well as, the architectural style and building materials guarantee that the spirit and intent of the Zoning Code has been observed. SECTION 2. Based on the above recitals, the staff report accompanying this Resolution, and public comment, the Planning Commission hereby finds Site Plan Review 2019-66 — Density Bonus is consistent with the goals, policies, and objectives of the land use element, land use plan, and housing element of the City's general plan and that the proposed density bonus project will not adversely affect surrounding properties. As such the Planning Commission recommends to the Lynwood City Council approval of Site Plan Review 2019-66-Density Bonus and the Affordable Housing Covenant and Agreement. SECTION 3. The Applicant shall comply with the Conditions of Approval per Site Plan Review No. 2019-66 — Density Bonus. SECTION 4. If any section, subsection, clause or phrase of this Resolution is for any reason, held to be unconstitutional, or otherwise invalid, such decision shall not affect the validity of the remaining sections of this Resolution. The Planning Commission hereby finds that it would have passed this Resolution and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid. SECTION 5. This Resolution is subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections: 15332 (In-Fill Development Project consists of projects characterized as in-fill development meeting the conditions described in sections a. b. c. d. and e.), because the activity is intended to promote infill development within urbanized areas. The class consists of environmentally benign in-fill projects which are consistent with local general plans and zoning requirements. This class is not intended to be applied to projects which will result in any significant traffic, noise, air quality, or water quality affect. SECTION 6. This Resolution is the result of an action taken by the Planning Commission on December 10, 2019, by the following vote: YES: West, Battle, Morales NO: ABSENT: 4 ABSTAIN: SECTION 7. The Secretary shall certify to the adoption of this Resolution and shall transmit copies of same to the applicant and the Lynwood City Clerk. PASSED, APPROVED AND ADOPTED this 10th day of December 2019. Ke West, Vice-Chairperson APPROVED AS TO FORM APPROVED AT TO CONTENT r—LL, t 6,-.._--• 4w,ut,p_., Jon W Lam Michelle G. Ramirez 0 of the City Attorney Director of Communi evelopment 5