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Home My Public Portal AboutOrd. 1259ORDINANCE N0. 1259 follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD PROHIBITING THE ESTABLISHMENT OF ANY NEW USE OF NEW CONSTRUCTION IN THE R-2 OR R-3 ZONES FOR WHICH A BUILDING PERMIT HAS BOT BEEN ISSUED, PENDING COMPLETION OF STUDY AND REPORT BY THE PLANNING COMMISSION PERTAINING TO THE PROPER DEVELOPMENT OF PROPERTIES IN THE R-2 AND R-3 ZONES, INCLUDING CONDOMINIUM CONSTRUCTION AND CONDOMINIUM CONVER- SION, AND SETTING FORTH FACTS CONSTITUTING SAME AS AN URGENCY ORDINANCE. The City Council of the City of Lynwood does hereby ordain as SECTION 1. The City Council hereby finds and determines that in accordance wig-the official zoning ordinance of the City of Lynwood, certain land within the city has been zoned R-2 and R-3 and subject to the multiple family residential zoning regulations. SECTION 2. The City Council further finds and determines that said land so zone~and the classification thereof should be reviewed and studied, in order t6 determine the most appropriate land use therefor and zoning regulations pertianing thereto in order to best promote public health, safety and welfare. SECTION 3. The City Council further finds that the Planning Commission ads been studying and considering the adoption of regulations pertaining to condominium conversion which necessitates an immediate moratorium on further development in the R-2 and R-3 zones, until orderly plans and regulations may be prepared and adopted by the City Council. for the development and use of multiple family residential property. SECTION 4. The City Council further finds and determines that until suc nidew zoning regulations have been prepared and adopted in the multiple family residential zone, it is necessary to prohibit any new construction of multiple family residential structures in said zones so that the properties will be retained in a status quo and the purposes of possible reclassifying said land or modifying and changing the multiple family residential regulations to provide better control and development of land now zoned~R-2 and R-3 will not be defeated. Therefore, all new use and construction of multiple family residential structures on land zoned R-2 and R-3 is hereby prohibited except single family expansions or new single family construction in connection with plans now filed for Site Plan Review approval, or new construction in connection with a tentative map which has been filed for approval, or an application for a permit to reconstruct and existing structure where that structure has been damaged by fire or by an act of God. SECTION 5. The City Council directs the Planning Commission to immediate~nce studies and hearings pertaining to proper classi- fication of land now zoned R-2 and R-3 so as to provide therein for the highest and best use consistent_with'protecfion~of'.public-.health ;.'~ safety and welfare, and further, to provide comprehensive regulations pertaining:to new construction or condominium conversion in protection of the public health, safety and welfare. SECTION 6. The City Council directs the Planning Commis ion to immediately commence studies and hearing pertaining to the appropriate land use, conditions of approval, and regulations for development in the R-2 and R-3 zones, and to report its initial. findings so the City Council can issue and interim written report within thirty-five (35) days of the adoption of this ordinance. SECTION 7. This Ordinance is an interim zoning ordinance enacted pursuant to Section 36934 and 65858 of the Government Code of the State of California, and in accordance therewith, shall be of no further force and effect forty-five (45) days after the adoption of this Ordinance unless, after notice pursuant of Section 65090, and public hearing, the City Council shall extend this Ordinance in accordance with the terms and provision of Section 65858 of the Government Code. SECTION 8. City Council hereby finds, determines and declares the immediate preservation of the public health, safety, and welfare necessitates the enactment of this ordinance as an urgency ordinance. The City Council further finds there is a current and immediate threat to the public health, safety and welfare necessitating the adoption of this Ordinance as an interim zoning ordinance under Section 65858. Said findings are as follows: 1. There has been a growing trend on the part of developers to utilized R-2 and R-3 properties for development, as contrasted with individual ownership of a parcel of land and the improvement thereon. By reason of the fact that condominium development involves ownership in common buildings and facilities, regulations are necessary in order to protect purchasers and occupant of such development and the public health, safety and welfare of the City of Lynwood. Presently there are no regulations for condominium conversions. 2. In addition, there have been applications made to the City of Lynwood to convert structures built for single family residential use on a lease/rental basis to condominium ownership. There are, however, no regulations existing pertaining to said conversion and, in order to protect the purchasers of said units and the health, safety and welfare of the City of Lynwood it is necessary that such regulations be pre- pared and adopted prior to such conversion. 3. Property in the northeast area of the city that is zoned for multiple family residential use should be restudied to ascertain whethere the present zoning classification is appropriate. This may also apply to other areas of the City of Lynwood. If it should later be in differen.t.. zones, the construction of buildings within said zones during the interim period will defeat the purposes and accomplish-~ ment of such an ordinance or determination. 4. In order to protect the public health, safety and welfare, it is necessary to enact this ordinance as an urgency measure to go into effect immediately upon adoption; that to enact this ordinance after the giving of notice, the holding of public hearings and two (2) readings thereof, and thereafter to wait thirty (30) days for said ordinance to become effective, will be detrimental to the public health, safety and welfare, in that buildings and uses and construction could be established within said areas contrary to an in conflict with the contemplated zoning proposals which the Planning Commission and City Council are now studying or intend to stuffy within a reasonable time. It is, therefore, necessary that this ordinance go into effect immediately upon adoption. SECTION 9. If any section, subsection, subdivision, sentence, clause, phrase or portion of this ordinance, or the application thereof to any person or place, is for any reason held to be invalid or uncons- titutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or its application to other persons or places. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sec- tion, subdivision, sentences, clauses, phrases, or portions, or the application thereof to any person or place, be declared invalid or unconstitutional. SE.GTT.ON 10. The City Clerk is hereby ordered. and directed to certify to the passage of this ordinance and to cause the same to be published once in the Lynwood.P~ress,_ a newspaper of general circu- lated in the City of Lynwood APPROVED AND ADOPTED THIS 15th 1985, by the following roll call vote: day of October AYES: COUNCILMEN HENNING, P4ORRIS, ROWE, THOMPSON, BYORK NOES: NONE ABSENT: NONE APPROVED AS TO CONTENT: PAT ICK P. IMPORTUNA, Directer Community Development Department ATTEST: ANDREA L. HOOPER, City Clerk i A_.li // JOHN D//~ BYORK, Mayor CITY ~OF LYNWOOD APPROVED AS TO FORM: ~~ ~ y. City Attorney STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and ex-officio clerk of the Council of said City, do hereby certify that the above is a true and correct copy of Ordinance No. 1259 adopted by the City Council or" the City of Lynwood, and that the same was passed on the date and by the vote therein stated. Dated this 18th day of October lypF (SE4L) City Clerk, City of Lynwood