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Home My Public Portal AboutOrd. 1750ORDINANCE NO. 1750 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA AMENDING SECTION 25-200-1 OF CHAPTER 25 (ZONING) OF THE LYNWOOD MUNICIPAL CODE AND APPENDIX A TO CHAPTER 25 (USES BY ZONING DISTICT) WHEREAS, the City of Lynwood is a general law city granted police powers set forth under Article XI, Section 7 of the Constitution of the State of California; and WHEREAS, pursuant to its police powers, the City of Lynwood may from time -to - time adopt such planning and zoning laws and regulations for the purpose of promoting the public health, safety, and general welfare; and WHEREAS, this Ordinance provides clarity, creates consistency of terms and definitions, amends the Zoning Code to reflect current commercial market trends; and WHEREAS, on July 6, 2022 at a special meeting of the Lynwood Planning Commission, the Planning Commission recommended to the City Council approval of this Ordinance; and WHEREAS, the all requisite public hearing notices were given as required by law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council finds and declares that the recitals set forth above are true and correct, and adopts and incorporates such as a material part of this Ordinance. SECTION 2. Based on the staff reports, presentations, public testimony, Planning Commission recommendations, and other evidence presented at the duly noticed public hearing on this matter, the City Council finds and determines as follows: A. This Ordinance amending Chapter 25 of the Lynwood Municipal Code (Zoning) is consistent with the goals, policies, and objectives of the general plan; The proposed ordinance amending Chapter 25 of the Lynwood Municipal Code (Zoning) is consistent with the Lynwood General Plan Land Use Element Goals and Policies: a) Provides a balanced and functional mix of land uses which takes advantage of the unique position of Lynwood in relation to the region. The proposed ordinance amending Chapter 25 allows new forms of retailers within certain districts within the City that provide an important service and access to goods to those living, working, and visiting Lynwood. b) Plan for new patterns of land uses which complement the overall character or existing uses, and which offer opportunities for the compatible_development of vacant and underutilized parcels. The proposed ordinance amending Chapter 25 allows new compatible retail land uses that are currently unavailable in the City, 1 which when allowed would complement the existing mix of land uses and provide much needed services to those living, working, and visiting the City. c) Promote land uses that both capitalize on the opportunities and mitigates the negative impacts of the City's adjacency to major transportation systems. The proposed ordinance amending Chapter 25 allows new forms of retailers within certain districts within the City that may take advantage of the major transportation systems available to the City and create destination retail uses within the City, which provide much needed services and expands the local retail tax base within the City thereby increasing local revenue available for public services that benefit the public health, safety, and general welfare. d) Goal LU-2 calls for the City to plan for a range of commercial sites that serve the needs of those living, working, and visiting Lynwood and provide a range of commercial opportunities in line with the needs of the community and will continue to develop the City as a retail center for the area. The proposed ordinance amending Chapter 25 allows new compatible retail land uses that are currently unavailable in the City, which when allowed would complement the existing mix of land uses and provide much needed services to those living, working, and visiting the City. e) Commercial Policy LU 2.1 calls for commercial uses to provide for general merchandising and retailing establishments that serve the needs of the residents of Lynwood. The proposed ordinance amending Chapter 25 allows new compatible retail land uses that are currently unavailable in the City, which when allowed would complement the existing mix of land uses and provide much needed services to those living, working, and visiting the City. For the reasons stated above, proposed ordinance amending Chapter 25 is consistent with the goals, policies, and objectives of the Lynwood General Plan. B. That a proposed zoning code amendment will not adversely affect surrounding properties. The proposed ordinance amending Chapter 25 of the Lynwood Municipal Code (Zoning) would not have an adverse effect on surrounding properties because the proposed ordinance proposes to allow new retailer land uses in specific zoning districts within the City, the specific location of such uses is not currently know and will be evaluated on a case by case basis. SECTION 3. The City Council finds that the adoption of this Resolution is exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15061 (b)(3), which states the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. It may be seen with certainty that there is no possibility that the amendment of Chapter 25 (Zoning), which provides clarity, creates consistency of terms and definitions, amends the Zoning Code to reflect current commercial market trends may have a significant effect on the environment. Moreover, no specific project or use will be approved in any specific location in the City through the approval of this Ordinance. SECTION 4. The following definition within Section 25-200-1 (General) of Article 200 (Definitions) of Chapter 25 (Zoning) of the City Municipal Code is hereby deleted in its entirety: 2 MEDICAL MARIJUANA DISPENSARIES. Any establishment or location where marijuana is distributed, transmitted, given to, or otherwise provided to qualified patients or primary caregivers in accordance with California Health and Safety Code sections 11362.5 through 11362.83, inclusive, commonly referred to as the "compassionate use act of 1996" and "senate bill 420". SECTION 5. Appendix A (Uses by Zoning District) of Chapter 25 (Zoning) of the City Municipal Code is hereby amended by the deletion and addition of the following land uses and notes regarding additional regulations to the table within such Appendix A as shown below: Land Use R-1 R-2 R-3 PRD P-1 C -2C-2 C-3 PCDCB- I M HMD PF OS SPAcCO Cannabis retailer p5 p5 p5 p56 Prohibited in any zoning district SECTION 6. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 7. The City Clerk shall certify to the passage and adoption of this Ordinance and cause it to be posted as required by law. This Ordinance shall become effective thirty (30) days after its adoption following the second reading of the Ordinance. PASSED, APPROVED and ADOPTED this 2nd day of August, 2022. 3 ATTEST: Maria Quinonez, City Clerk APPROVED AS TO FORM: /\ lap . Noel Tapia, V City Attorney andez, ger 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 meeting held on the 2"d day of August, 2022. AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM SOLACHE AND MAYOR CASANOVA NOES: NONE ABSTAIN: NONE ABSENT: NONE Ed 4 Maria 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. 1750 on file in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 2nd day of August, 2022. Jahia Maria Quinonez, City Clerk 5