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HomeMy Public PortalAboutOrd. 1265a b ~ y ORDINANCE N0. 1265 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD PROHIBITING THE ACCEPTANCE OR FILING OF DEVELOPMENT APPLI- CATIONS OR THE ISSUANCE OF BUILDING PERMITS FOR ANY NEW USE OR NEW CONSTRUCTION IN THE R-2 AND R-3 ZONES PEND- ING COMPLETION OF A STUDY AND A REPORT BY THE PLANNING COMMISSION PERTAINING TO THE PROPER DEVELOPMENT OF PROPER- TIES IN THE R-2 AND R-3 ZONES, AND SETTING FORTH FACTS CONSTITUTING THE SAME AS AN URGENCY ORDINANCE The City Council of the City of Lynwood does hereby ordain as follows: SECTION 1. The City Council hereby finds and determines that in accordance with 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 zoned and the classification thereof should be reviewed and studied, in order to determine the most appropriate land use therefor and zoning regulations pertaining thereto in order to best promote public health, safety and welfare. SECTION 3. The City Council further finds and determines that until such new zoning regulations have been prepared and adopted in the multiple family resi- dential zones, it is necessary to prohibit the acceptance or filing of development applications and the issuance of building permits for 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 reclassification of said land or modi- fying 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 and all applications therefor are hereby prohibited except single family expansions or new single family construction in connection with plans now filed for Site Plan Review approval, or new construc- tion in connection with a tentative map which has been filed for approval, or an application for a permit to reconstruct an existing structure where that structure has been damaged by fire or by an act of God. SECTION 4. The City Council directs the Planning Commission to immedi- ately commence studies and hearings pertaining to proper clarification of land now zoned R-2 and R-3 so as to provide therein for the highest and best use con- sistent with protection of public health, safety and welfare. SECTION 5. The City Council directs the Planning Commission to immediately commence studies and hearings 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 an interim written report within thirty-five (35) days of the adoption of this ordinance. SECTION 6. 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 to Section 65090, and public hearing, the City Council shall extend this Ordinance in accord- ance with the terms and provisions of Section 65858 of the Government Code. SECTION 7. City Council hereby finds, determines and declares the immedi- ate preservation of the public health, safety, and welfare necessitates the enact- ment 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 necessatating the adoption of the Ordinance and that the approval of additional use permits, variances, building permits or any other entitlement for use which is re- quired in order to comply with a zoning ordinance would result in a threat to pub- lic health, safety, or welfare. Said findings are as follows: 1. There has been a growing trend on the part of developers to utilize 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 there are potentially effects of such development that may impose hazards to the health, safety and welfare to occupants, property owners and residents associated with and nearby said development it is necessary that regulations be prepared and adopted which substantially eliminate such hazards. 2. Property in the northeast area of the city that is zoned for multiple family residential use should be restudied to ascertain whether the present zoning classification is appropriate. This may also apply to other areas of the City of Lynwood. If it should later be in different 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. 3. 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 and in conflict with the contemplated zoning proposals which the Planning Commission and City Council are now studying or intend to study within a reasonable time. It is, therefore, necessary that this ordinance go into effect immediately upon adoption. SECTION 8. If any section, subsection, subdivision, sentence, clause, phrase or portion of this ordinance, or the a lication thereof to an place, is for any reason held to be invalid oppunconstitutional by the decisionrof 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 there- of, irrespective of the fact that any one or more sections, subdivisions, sentences, clauses, phrases, or portions, or the application thereof to any person or place, be declared invalid or unconstitutional. SECTION 9. 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 Press, a newspaper of general circulation in the City of Lynwood APROVED AND ADOPTED THIS 17th day of December 1985, by the following roll call vote: AYES: COUNCILPERSON BYORK, MORRIS, THOb4PSON, WELLS, I-IENNING NOES: NONE ABSENT: NONE ATTEST: ANDREA L. IIOOPER, City C erk APPROVED AS TO CONTENT: ~~ / Vicente L. Ma s, Acting Director Community Development Department JOHN D. BYORK, Mayor City of Lynwood APPROVED AS TO FORM: ~~ 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. 1265 adopted by the City Council of the City of Lynwood, and that the same was passed on the date and by the vote therein stated. Oated this 20th day of December lyBg, (SEAL) O~ ~ f~~ City Clerk, City of Lynwoo