The URL can be used to link to this page

Home My Public Portal AboutOrd. 1747ORDINANCE NO. 1747 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD FOR APPROVAL OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LYNWOOD AND LYNWOOD SPRINGS, LLC. FOR DEVELOPMENT OF A NEW, COMMERCIAL DEVELOPMENT AT 11600 LONG BEACH BOULEVARD (ASSESSOR PARCEL NOS.: 6175-002-001 THRU 6175-002-005, 6175-002-028, 6175-009-005 THRU 008, 6175-009- 025, 6175-003-013 THRU 015, 6175-003-017 AND 6175-003-018). THE DEVELOPMENT AGREEMENT AND ASSOCIATED ENTITLEMENTS INCLUDE A SUPERMARKET ALCOHOL SALES FOR OFF -SITE CONSUMPTION ASSOCIATED WITH, DETACHED DRIVE -THROUGH CAFE/RESTAURANT, AND RETAIL SPACE ATTACHED TO THE SUPERMARKET STRUCTURE. THE PROPOSED DEVELOPMENT DOMINANTLY FRONTS ON TO THE EAST SIDE OF LONG BEACH BOULEVARD. WHEREAS, The Applicant, Lynwood Springs, LLC and ("Applicant") submitted a request for the approval of a Development Agreement to develop, maintain and operate a single -story, 38,479 square foot supermarket, attached 3,981 square foot retail space, and detached 890 square foot drive -through cafe/restaurant in conjunction with a 164,657 square feet (3.78 acres) site with an at -grade, 167 -stall paved and landscaped adjoining parking lot located at 11600 Long Beach Boulevard, in the City of Lynwood (Assessor Parcel Number 6175-002-001 thru 6175-002-005, 6175-002-028, 6175-009-005 thru 008, 6175-009-025, 6175-003-013 thru 015, 6175-003-017 and 6175-003-018)("Subject Property"); WHEREAS, On September 14, 2021, the City Planning Commission, by Resolution No. 3427, approved an Initial Study and Mitigated Negative Declaration No. 2019-01 for the Project (the "MND"), and Addendum to the MND (Addendum MND 2019-01-REC1) to the underlying Mitigated Negative Declaration No. 2019-01 in compliance with the State California Environmental Quality Act (CEQA) Guidelines, California Code of Regulations, Title 14, Chapter 3, Section 15073.5(c)(4). The City Council adopts the findings and CEQA approval of the Planning Commission as its CEQA determination for consideration of the Development Agreement; WHEREAS, On September 14, 2021, the City Planning Commission adopted Resolution Nos. 3427, 3428, and 3429 approving Conditional Use Permit No. 2019-01, Conditional Use Permit No. 2020-01, and Tentative Parcel Map No. 2019-01, respectively; WHEREAS, on April 12, 2022, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony related to the Development Agreement and sufficiently considered all testimony presented to them in order to recommend approval of the DA to the City Council. 1 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Lynwood as follows: SECTION 1. The City Council hereby finds and determines that The Development Agreement is consistent with the City General Plan, the entire Long Beach Boulevard Specific Plan, "Corridor Mixed Use I" of the Lynwood Transit Specific Plan, and the "Commercial" general plan designation. The Findings of Approval associated with Planning Commission Resolution Nos. 3427, 3428, and 3429 and Conditional Use Permit No. 2019- 01, Conditional Use Permit No. 2020-01, and Tentative Parcel Map No. 2019-01, respectively, adopted by the Planning Commission on September 14, 2021 are adopted herein by reference as further support for approval of the Development Agreement. SECTION 2. State Law allows cities to enter into Development Agreements with private parties. The Development Agreement is a legal and binding contract between a city and any person or entity having a legal or equitable interest in a property. The agreement provides the developer with certain vested rights to develop the property in accordance with zoning laws and entitlements in effect on the date of the Development Agreement for a specified period of time. The DA will terminate in three (3) years if the project is not completed. SECTION 3. The DA provides the Developer with assurance that the City will not change the terms of development during construction of the project. It also provides the City with assurance that the development will be completed in a timely manner. SECTION 4. Once a Development Agreement is approved by the Lynwood City Council, the rules of development for that property cannot change even if the zoning code or other development codes are changed. SECTION 5. Based on the above recitals, the staff report accompanying this Ordinance and public comments, the City Council of the City of Lynwood hereby finds the project to be consistent with the goals, policies, and objectives of the land use element, the land use plan of the City's general plan and all the provisions of the Long Beach Boulevard and Lynwood Transit Area Specific Plans, and that the project will not adversely affect surrounding properties. SECTION 6. The City Council of the City of Lynwood hereby approves the Development Agreement to allow a new single -story, 38,479 square foot supermarket, attached 3,981 square foot retail space, and detached 890 square foot drive -through cafe/restaurant in conjunction with a 164,657 square feet (3.78 acres) site with an at -grade, 167 -stall paved and landscaped adjoining parking lot located at 11600 Long Beach Boulevard, in the City of Lynwood (Assessor Parcel Number 6175-002-001 thru 6175-002- 005, 6175-002-028, 6175-009-005 thru 008, 6175-009-025, 6175-003-013 thru 015, 6175- 003-017 and 6175-003-018)("Subject Property") subject to the conditions per Resolutions No. 3427 (CUP No. 2019-11), and Resolution No. 3428 (TPM No. 2019-01), Resolution No. 3429 No. (CUP No. 2020-01). 2 SECTION 7. If any section, subsection, clause or phrase of this Ordinance is for any reason, held to be unconstitutional, or otherwise invalid, such decision shall not affect the validity of the remaining sections of this Ordinance. The City Council hereby finds that it would have passed this Ordinance 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 8. This Ordinance shall take effect on the thirty-first (315t) day after its adoption. SECTION 9. The City Clerk shall certify as to the adoption of this Ordinance and shall cause the Ordinance to be posted or published as required by law. PASSED, APPROVED AND ADOPTED this 5th day of July, 2022. Casanova May ' r ATTEST: 4 Jail Maria Quinonez City Clerk APPROVED AS TO FORM: r� Noel Tapia City Attorney 3 Ern ernandez Cit • anager 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 Resolution was passed and adopted by the City Council of the City of Lynwood ata meeting held on the 5th day of July, 2022. AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM SOLACHE AND MAYOR CASANOVA NOES: NONE ABSENT: NONE ABSTAIN: NONE 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. 1747 on file in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 5th day of July, 2022. Maria Quinonez, City Clerk 4