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HomeMy Public PortalAboutA 2016-10-11 PLANNING COMMISSIONCa M LYNWOOD t k r_,110,,,,aa PLANNING COMMISSION & PARKING & BUSINESS IMPROVEMENT DISTRICT BOARD (PBIDB) REGULAR MEETING Tuesday, October 11, 2016 — 6:00 P.M. CITY HALL COUNCIL CHAMBERS LYNWOOD, CA 90262 PLANNING COMMISSION & PBIDB Elizabeth Battle, Commissioner Bill Younger, Commissioner Kenneth West, Vice -Chair Jorge Casanova, Chairperson REC IVED OCT 0 5 2016 CITY OF LYNWOOD CITY CLERKS OFFICE AGENDA In Compliance with the Americans with Disabilities Act (ADA), if you are a disabled person and need a disability related modification or accommodation to participate in this meeting, please contact the City Clerk's Department at (310) 603 -0220 ext 214 or Fax (310) 223 -5121. Requests must be made as early as possible, and at least one full business day before the start of the meeting. Staff reports or other materials related to an item on this Agenda which are distributed to the Planning Commission less than 72 hours before this scheduled meeting shall be available for public inspection in the Development, Compliance and Enforcement Department/Planning Division office located at 11330 Bullis Road, Lynwood, CA 90262, during normal business hours. 1. CALL TO ORDER 2. CERTIFICATION OF AGENDA 3. ROLL CALL 1. Elizabeth Battle, Commissioner 2. Bill Younger, Commissioner 3. Kenneth West, Vice -Chair 4 . Jorge Casanova, Chairperson Planning Commission K Parking K Business Improvement District Board Agenda October 11,'_016 Paec '_ of i 4. PLEDGE OF ALLEGIANCE 5. PRESENTATIONS AND RECOGNITIONS a. Presentation of a Certification of Appreciation for former Planning Commissioner Alex Landeros. 6. APPROVAL OF MINUTES a. Minutes of the September 13, 2016, regular meeting. 7. SWEARING IN OF SPEAKERS (City Clerk or Designee) 8. NON - AGENDA PUBLIC ORAL COMMUNICATION (This time is reserved for members of the public to address the Planning Commission relative to matters that are not on the agenda. No action may be taken on non - agenda items unless authorized by law) 9. PUBLIC HEARING(S) (With respect to speakers addressing items listed under the heading of public hearing, you are asked to wait until the Chair formally opens the public hearing and the item is called) A. Request to consider Conditional Use Permit No. 2016 -01 to establish an auto body repair shop within an existing 2,400 square foot building on property located at 11400 Alameda Avenue, Suite #2, Lynwood, California. I. Staff Report Presentation II. Open Public Hearing ( M S ) III. Public Testimony IV. Close Public Hearing V. Discussion VI. Call for the question /vote ( M S B. Request to consider proposed amendments to the Lynwood Municipal Code, Chapter 25- 70 -14, to revise the standards for off -site outdoor advertising displays in the City of Lynwood. I. Staff Report Presentation II. Open Public Hearing ( M_ S _) III. Public Testimony IV. Close Public Hearing V. Discussion VI. Call for the question /vote (M S ) Plnnnln_ ConunisSion K Parkins & [Wsiness Improvement DisII icI Roard Agenda October 11.'016 Flee ? of ilr111111POIN911111&1L`1 =W elm 11. PLANNING COMMISISON /PBIDB ORAL COMMUNICATIONS 1. Elizabeth Battle, Commissioner 2. Bill Younger, Commissioner 3. Kenneth West, Vice Chair 4. Jorge Casanova, Chairperson 12. DIRECTOR COMMUNICATIONS 13. ADJOURNMENT Next Regular Meeting is scheduled for November 8, 2016. APPROVED BY Andre Dupr6t, Intlerim Director of Development, Compliance and Enforcement Services Lynwood Planning Commission LYNWOOD PLANNING COMMISSION September 13, 2016 Item #1 -Call Meeting to Order Chair Casanova called the meeting to order at 6:05 PM Item #2- Flag Salute Commissioner Battle led the flag salute. Item #3- Roll Call of Commissioners Planning Manager, Mike Poland called roll. Commissioner Battle, Commissioner Younger, Vice Chair West and Chair Casanova were present. Also present were Interim Director of Development, Compliance & Enforcement Services Andre Dupret, Planning Manager Mike Poland, Senior Public Works Manager Elias Saikaly, Planning Associate Karen Figueredo, and City Attorney David Garcia. Item #4- Certification of Agenda Posting Chair Casanova asked if the Agenda had been duly posted and Planning Manager Mike Poland indicated that the Agenda was in fact duly posted. Item #5- Minutes None. Item #6- Swearing in Speakers City Clerk Maria Quinonez swore in members of the audience. Item #7- Public Orals None Item #8- Public Orals (Non- Agenda) None NEW REGULAR AGENDA (PUBLIC HEARING) Item #9 A- Tentative Parcel Man No. 2016 -01 Applicant: Raul Echemendia 3304 Cedar Avenue Proposal: Planning Associate Karen Figueredo introduced the item to the Commission and provided information from the staff report. The applicant, Raul Echemendia, is requesting that the Planning Commission consider and approve Tentative Parcel Map No. 2016 -01 to subdivide one parcel's air space for future development of three (3) detached condominiums on property located at 3304 Cedar Avenue in the R -3 (Multi - Family) zone. Recommendation: Staff recommended that the Planning Commission adopt Resolution No. 3364 approving Tentative Parcel Map No. 2016 -01. Chair Casanova opened Public Hearing. Owner of the property Raul Echemendia, 9713 Shellyfield Road, Downey, presented his project. Commissioner Battle asked if the condominiums have a three car garage. The applicant replied that every condominium will have a two -car garage. The applicant also stated that the condominiums will be for sale. Commissioner Younger voiced his concerns regarding the safety of the school children. Vice Chair West inquired about the size of each condominium. The applicant gave the varying sizes of the condominiums. Chair Casanova closed public hearing. Hearing no further discussion, it was moved by Chair Casanova, seconded by Commissioner Battle to adopt: RESOLUTION NO 3364 APPROVING TENTATIVE PARCEL MAP NO. 2016 -01 (74275) TO SUBDIVIDE ONE (1) PARCEL'S AIR SPACE FOR FUTURE 2 DEVELOPMENT OF THREE (3) DETACHED CONDOMINIUMS ON PROPERTY LOCATED AT 3304 CEDAR AVENUE, ASSESSOR'S PARCEL NUMBER 6168 -012- 012 IN THE R -3 (MULTI- FAMILY RESIDENTIAL) ZONE, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. ROLL CALL: AYES: BATTLE, CASANOVA NOES: YOUNGER, WEST ABSTAIN: ABSENT: ITEM #9 B (Conditional Use Permit No. 2015 -02) Applicant: Nayib Chaibun 11901 Alameda Avenue Proposal: Planning Associate Karen Figueredo introduced the item to the Commission and provided information from the staff report. The applicant, Nayib Chaibun is requesting that the Planning Commission approve Conditional Use Permit 2015 -02, to establish a banquet facility. The property is located at 11901 Alameda Avenue in the M (Manufacturing) zone. Recommendation: Staff recommended that the Planning Commission adopt Resolution No. 3345 approving Conditional Use Permit 2015 -02. Chair Casanova opened public hearing. Property owner representative Nayib Chaibun, 316 San Nicholas Court, Laguna Beach, presented the project. Viviana Del Villar, 9140 Brookshire Avenue, Downey, spoke in favor of the project. Chair Casanova closed the public hearing. Vice Chair West inquired about the area that banquets will occupy. The applicant stated the front of the property will serve as the banquet facility and the remaining part of the lot will be occupied by a steel manufacturing business facility. Vice Chair West inquired about the occupancy. The applicant stated the maximum occupancy was anywhere between 250 -300 people. Commissioner Battle inquired if there will be any cooking facilities. The applicant stated the banquet will not have any cooking facility, only catering services. Commissioner Battle inquired about the hours of operations. The applicant replied the hours of operations for the banquet facility will be after the steel company closes. Vice Chair West inquired about the number of employees. The applicant stated that the number of employees would depend on the type of event. Chair Casanova inquired about security around the site. Planning Manager replied the applicant is not applying for a liquor license or live entertainment and if there were any increases in after hour activities, the item would be revised by staff. Commissioner Younger asked to establish the hours of operations. Hearing no further discussion, with the conditions to establish the hours of operations as follows: Monday to Friday from 6:00 p.m. to 1:00 a.m., Saturday from 1:00 p.m. to 1:00 a.m. and Sunday from 9:00 a.m. to 1:00 a.m., it was moved by Commissioner Younger, seconded by Chair Casanova to adopt: RESOLUTION NO 3345 APPROVING CONDITIONAL USE PERMIT NO. 2015- 02, A REQUEST TO ESTABLISH A BANQUET FACILITY. THE PROPERTY IS LOCATED AT 11901 ALAMEDA AVENUE ASSESSOR'S PARCEL NUMBER 6150- 037 -044 IN THE M (MANUFACTURING) ZONE AND HAS A GENERAL PLAN DESIGNATION OF COMMERCIAL, CITY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. ROLL CALL: AYES: BATTLE, CASANOVA, YOUNGER, WEST NOES: ABSTAIN: ABSENT: 91 ITEM #9 C (Zone Change No. 2016 -01) Applicant: City of Lynwood 11063 Wright Road Proposal: Planning Manager Mike Poland introduced the item to the Commission and provided information from the staff report. The City of Lynwood is requesting that the Planning Commission approve Zone Change No. 2016 -01, to rezone property located at 11063 Wright Road from M (Manufacturing) to R -3 (Multi - Family Residential) zone. Recommendation: Staff recommended that the Planning Commission adopt Resolution No. 3365 approving Zone Change 2016 -01. Chair Casanova opened public hearing. Brett Wiseman, Mitchell North, Irvine, spoke in opposition to the Zone Change. Maria Villalobos, 11051 Wright Road, Lynwood, voiced her concerns regarding the property, vandalism, trash, and property maintenance issues. Chair Casanova closed public hearing. Commissioner Battle asked about the impact the property owner may experience. Planning Manager Mike Poland replied he cannot provide information of any financial impact that property owner may encounter. City Attorney David Garcia stated that the Planning Commission had to decide how many years will be granted the property owner to demolish the structure located at the rear of the property. Hearing no further discussion, with the conditions to give staff the authority of establishing an amortization period, it was moved by Commissioner Younger, seconded by Commissioner Landeros to adopt: RESOLUTION NO 3366 APPROVING ZONE CHANGE NO. 2016 -01, RECOMENDING TO THE CITY COUNCIL APPROVAL OF REZONING OF PROPERTY LOCATED AT 11063 WRIGHT ROAD, LYNWOOD, CALIFORNIA, FROM M (MANUFACTURING) TO R -3 (MULTI- FAMILY RESIDENTAIL) ASSESSOR'S PARCEL NUMBER 6194 - 029 -009. 5 ROLL CALL: AYES: BATTLE, CASANOVA, YOUNGER, WEST NOES: ABSTAIN: ABSENT: ITEM #9 D (Zoning Code Amendment) Applicant: City of Lynwood City Wide Proposal: Planning Manager Mike Poland introduced the item to the Commission and provided information from the staff report. The City of Lynwood is requesting recommendation that the City Council amend Chapter 25 (Zoning Code) of the Lynwood Municipal Code relating to the permitted locations of medical cannabis commercial facilities. Recommendation: Staff recommended that the Planning Commission adopt Resolution No. 3366 approving Zone Change Amendment, Chair Casanova opened public hearing. Julio Torres, 11113 Wright Rd, Lynwood, spoke in favor. Chair Casanova closed public hearing. City Attorney David Garcia provided background presentation regarding medical marijuana and recreational marijuana. Commissioner Battle asked if the Governor is requiring to establish recreational marijuana uses within all cities. City Attorney David Garcia replied the amendment will help regulate the proliferation of cannabis that is used without any control. Vice Chair West recommended changing from all Commercial zones to only Manufacturing zone. Chair Casanova closed public hearing. ti Hearing no further discussion, with the condition to change the allowed zone for the medical cannabis facilities from manufacturing to commercial zone, it was moved by Vice Chair West, seconded by Chair Casanova to approve: ZONING CODE AMENDMET RESOLUTION NO 3365 RECOMENDING THAT THE CITY COUNCIL AMEND CHAPTER 25 OF THE LYNWOOD ZONING CODE RELATING TO THE PERMITTED LOCATIONS OF MEDICAL CANNABIS COMMERCIAL FACILITIES, CITY OF LYNWOOD, COUNTY OF LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. ROLL CALL: AYES: WEST, LANDEROS, YOUNGER NOES: BATTLE ABSTAIN: ABSENT: ITEM #10- Old Business \15670 PLANNING COMMISSION /PBIDB COMMUNICATION ORALS Commissioner Younger inquired about to street repaving along Virginia Street. Chair Casanova inquired about red curb painting in front of fire hydrants. DIRECTOR COMMUNICATIONS None AD]OURMENT Having no further discussion, it was moved by Chair Casanova and seconded by Vice Chair West to adjourn the meeting. Planning Commission meeting was adjourned at 7:30 PM PLANNING COMMISSION SECRETARY: Andre Dupret, Interim Director Department of Development, Compliance and Enforcement Services 7 I LYNWOOD Vvem t +; � 4 rift _Aiwinq ('WrrM9(': � Y Y 11330 E3111 US ROA(! l_VNWOUO. CA! fORNIA 9028: �' 10;. 60 4 0221) DATE: October 11, 2016 TO: Honorable Chair and Members of the Planning Commission FROM: Andre Dupret, Interim Director Department of Development, Compliance and Enforcement Services Karen Figueredo, Planning Associate SUBJECT: Conditional Use Permit No. 2016 -01 to establish an auto body shop located at 11400 Alameda Avenue APPLICANT: Edvin Tavanian RECOMMENDED ACTION: 1. DETERMINE that Conditional Use Permit No. 2016 -01 is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301- Minor Alteration to Existing Facilities. 2. ADOPT Resolution No. 3360 thereby approving Conditional Use Permit No. 2016 -01 to establish an auto body shop. BACKGROUND: On February 18, 2016, the applicant submitted an application for a Conditional Use Permit to establish an auto body shop on an existing 84,940 square foot lot located at 11400 Alameda Avenue in the M (Manufacturing) zone. The property has a General Plan land use designation of Manufacturing. DISCUSSION: The applicant is requesting Planning Commission approval of Conditional Use Permit No 2016 -01 to establish an auto body shop. The auto body shop will offer vehicle damage repairs to paintwork scratches, scuffs and dents as well as repairs to damage caused by collisions and major accidents. According to the site plan, the proposed auto body shop is located at the rear of the site and access is via Fernwood Avenue. The Lynwood Municipal Code allows automobile repair, auto alarm installation and sales, auto tire sales and service, and auto upholstery sales and service in the M (Manufacturing) zone subject to approval of a Site Plan Review. However, in accordance with Lynwood Municipal Code Section 25 -25 -14 auto body shops are allowed in the "M" zone subject to the review and approval of a Conditional Use Permit. The proposed auto body shop will be 3,000 square feet. All services will be performed within the structure, no outside storage of inoperable vehicles, wrecked vehicles, or parts will be allowed. Building elevations indicate the existing steel building with aluminum sheet exterior will remain as built. No facade improvements are proposed. The auto body shop will consist of two service bays and a spray booth. Per Lynwood Municipal Code Table 65 -1, two (2) parking spaces are required for the auto body shop, plus an additional three (3) parking spaces are required per service bay. The proposed auto body shop provides a total of eight (8) parking stalls, including a handicapped stall which complies with the minimum development standards and Title 24 of the California Code of Regulations. The auto body shop would preserve the industrial character of the area and will enable reuse of an industrial building and the location will provide convenient service to businesses and residents in the area. Following are the findings followed by staff determinations of the project in relation to the required findings: That the proposed Conditional Use is consistent with the General Plan: The General Plan Land Use Map designation for the subject site is Manufacturing and an auto body shop is a conditionally permitted use in the Manufacturing zone. Goal LU -2 of the City's General Plan requires planning for a range of manufacturing sites that serve the needs of the community. The new business is located on the west side of Alameda Avenue, which will be benefitted by neighboring industrial businesses and residents. 2. That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures. The proposed auto body shop will not be detrimental to persons residing or working in the area as a result of placing conditions of approval on Conditional Use Permit No. 2016 -01. The conditions of approval include restrictions on the hours of operation, requiring all automotive repairs to be conducted within the building, and that no outside storage is allowed. In addition, any proposed tenant improvements will be plan checked and inspected by the City's Building Division to ensure compliance with applicable Building and Safety Codes. 3. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed. The subject property is adequate in size and shape to accommodate the conditionally permitted use. The site is approximately 84,940 sq. ft. in area and consists of three individual units with an auto wrecking, auto body and a warehouse business. 4. That the proposed conditional use complies with all applicable development standards of the zoning district: The request complies with all of the applicable development standards established by the Zoning Code of the Lynwood Municipal. The Conditional Use Permit is to establish an auto body shop. 5. That the proposed conditional use observes the spirit and intent of this Zoning Code. The M (Manufacturing) zone provides for automobile uses such as an auto body shop. The proposed conditional use observes all components of the Zoning Code. There are similar uses in the vicinity. The project will be in compliance with all applicable development standards, as provided in the Conditions of Approval. STAFF RECOMMENDATION: Staff recommends that the Planning Commission take the following actions: 1. DETERMINE that Conditional Use Permit No. 2016 -01 is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301- Minor Alteration to Existing Facilities. 2. ADOPT Resolution No. 3360 thereby approving Conditional Use Permit No. 2016 -01 to establish an auto body shop on the property located at 11400 Alameda Avenue. ATTACHMENTS: A. Location /Aerial Map B. Resolution No. 3360 a a ao W� a o \ N Oa � U a" U O J ATTACHMENT "A" ATTACHMENT "B" RESOLUTION NO. 3360 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD APPROVING CONDITIONAL USE PERMIT NO. 2016 -01, A REQUEST TO ESTABLISH AN AUTO BODY SHOP AT 11400 ALAMEDA AVENUE, FURTHER DESCRIBED AS ASSESSOR'S PARCEL NUMBER 6169 - 001 -002. BE IT RESOLVED by the Planning Commission of the City of Lynwood as follows: A. Recitals 1. Edvin Tavanian, property owner, 11400 Alameda Avenue, Lynwood, CA 90262 has filed an application for consideration of approval of Conditional Use Permit No. 2016 -01, to allow an auto body shop at 11400 Alameda Avenue, Lynwood, California 90262 (APN: 6169 - 001 -002) in the County of Los Angeles. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as the "application ". This resolution supplements any previous approvals for this location. 2. On October 11, 2016, this Planning Commission conducted a duly noticed public hearing on the application and concluded said hearing prior to the adoption of this Resolution. 3. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Lynwood as follows: 1. The Planning Commission hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Planning Commission during the above - referenced hearing, including written staff reports, verbal testimony, and development plans dated October 11, 2016, this Planning Commission hereby specifically finds as follows: A. That the proposed Conditional Use is consistent with the General Plan: The General Plan Land Use Map designation for the subject site is Manufacturing and an auto body shop is conditionally permitted uses in the Manufacturing zone. Goal LU -2 of the City's General Plan requires planning for a range of manufacturing sites that serve the needs of the community. The new business is located on the west side of Alameda Avenue, which will be benefitted from neighboring industrial businesses and residents. B. That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures: The proposed auto body shop will not be detrimental to persons residing or working in the area as a result of placing conditions of approval on Conditional Use Permit No. 2016 -01. The conditions of approval include restrictions on the hours of operation, requiring all automotive repairs to be conducted within the building, and that no outside storage is allowed. In addition, any proposed tenant improvements will be plan checked and inspected by the City's Building Division to ensure compliance with applicable Building and Safety Codes. C. That the site for the proposed conditional use is of adequate size and shape to accommodate the use and buildings proposed: The subject property is adequate in size and shape to accommodate the conditionally permitted use. The site is approximately 84,940 sq. ft. in area and consists of three individual units with an auto wrecking, auto body and a warehouse business. D. That the proposed conditional use complies with all applicable development standards of the zoning district. The request complies with all of the applicable development standards established by the Zoning Code of the Lynwood Municipal. The Conditional Use Permit is to establish an auto body shop. E. That the proposed conditional use observes the spirit and intent of this Zoning Code. The M (Manufacturing) zone provides for the use of automobile uses such as an auto body shop. The proposed conditional use observes all components of the Zoning Code. There are similar uses in the vicinity. The project will be in compliance with all applicable development standards, as provided in the Conditions of Approval. In view of all the evidence and based on the foregoing findings and conclusions, the Planning Commission approves Conditional Use Permit No. 2016 -01 subject to the following conditions: The City has determined that City, its employees, agents and officials should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, expense, attorney fees, litigation expenses, court cost or any other cost arising out of or in any way related to the issuance of this Conditional Use Permit, or the activities conducted pursuant to this Conditional Use Permit. Accordingly, to the fullest extent permitted by law, Edvin Tavanian, and his representative(s), or his successors shall defend, indemnify and hold harmless the City , its employees, agents and officials, from and against any liability , claims, suits, actions, arbitrations proceedings, regulatory proceedings, losses, expenses or cost of any kind, whether actual, alleged or threatened, including, but not limited to, actual attorney fees, litigation expenses and court costs of any kind without restriction or limitation, incurred in relation to, as a consequence of arising out of or in any way attributable to, actually, allegedly or impliedly, in whole or in part, the issuance of the Conditional Use Permit, or the activities conducted pursuant to this Conditional Use Permit. Edvin Tavanian, and his representative(s), or his successors shall pay such obligations as they are incurred by City, its employees, agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in such amount as the City reasonably determines necessary to protect the City from exposure to fees, costs or liability with respect to such claim or lawsuit. 2. The subject property shall be maintained and operated in full compliance with the conditions of this approval and any law, statute, ordinance or other regulations applicable to any development or activity on the subject property. Failure of the applicant or its successors to cease any development or activity not in full compliance shall be a violation of these conditions. Any violation of the conditions of approval may result in the revocation of this approval. 3. All current and future tenants /owners shall accept the conditions of this Conditional Use Permit by executing the Affidavit of Acceptance provided by the Department of Development, Compliance and Enforcement Services. 4. The City reserves the right to further review this Conditional Use Permit and conditions of approval should complaints be received from adjacent residents /tenants or should the number of incidents reported to the Sheriff's Department exceed the number expected in this type of development. 5. The project shall comply with all regulations of the Lynwood Municipal Code, the California Building Code, the Los Angeles County Fire Code, other City Departments and applicable State and Federal regulations. 6. Any subsequent modification of the subject site or structures thereon shall be first reported to the Department of Development, Compliance and Enforcement Services, Planning Division, for review. 7. Conditions of approval shall be printed on the cover sheet of any plans submitted for plan check to the Building and Safety Division. 8. Prior to plan -check submittal, the applicant shall sign a Statement of Acceptance stating that they have read, understand, and agree to all conditions of this approval prior to issuance of any building permits. 9. Prior to building permit issuance, the applicant shall pay all City of Lynwood fees including Development Impact fees and Art in Public Places fees. 10. The Conditional Use Permit approval shall lapse and become void one (1) year from the date (October 11, 2016) of this document unless all conditions of said permit are met and a building permit is issued or substantial progress has been made toward establishing this use. 11. All appeals must be brought within ten (10) working days of the date of the final action by the Planning Commission. Department of Development Compliance and Enforcement Services /Planning Division 12. The Project shall be substantially compliant with plans approved by the City of Lynwood Planning Commission approved October 11, 2016 and on file in the Department of Development, Compliance, & Enforcement Services, Planning Division. 13. All required parking areas shall be designated and have bumper guards per the approved plan and such parking areas shall be well lighted and secured as to prevent loitering and public nuisances. 14. Delineate path of travel regarding ADA requirement and access guidelines. 15. All activities shall be confined to the hours between seven o'clock (7:00) A.M. and eight o'clock (8:00) P.M. daily. 16. No person or persons shall reside on the premises at any time. 17. Prior to operating the business, the applicant shall obtain a City of Lynwood business license. Such business license shall be kept current and up to date. 18. All automotive repair work and storage of materials shall be conducted within the building at all times. No outside storage is permitted. 19. No outside storage of supplies are permitted, no obstruction of vehicle access or parking areas is allowed. The applicant shall not store junk, trash, debris, inoperable cars, wrecked cars, or car parts outside the building. 4 20. A trash enclosure shall be provided and consist of solid block on three (3) sides, a minimum of five feet (5) in height, with a sight- obscuring door. Trash enclosure shall be located so as not to block vehicle access or parking areas and is to be accessible to the solid waste company. 21. The business shall be in compliance with the City Noise Ordinance, Chapter 3 -13 of the Lynwood Municipal Code. 22. The installation of flags, A- frames or painted signs on the subject property is prohibited. 23. The applicant shall maintain all exterior lighting within the subject property; any artificial lighting shall be installed to reflect away from adjoining properties. 24. The applicant shall post signs within and around the subject property stating that "Loitering is strictly prohibited ". 25. The petitioner(s) shall be responsible for maintaining the premises free of graffiti. Any graffiti must be removed within 24 hours of its appearance. 26. Window displays must be kept to a minimum to allow for maximum visibility and shall not exceed 25 percent of window coverage. 27. Any proposed subsequent modification of the Project site, structures thereon or hours of operation shall be first reported to the Department of Development, Compliance & Enforcement Services for review prior to any modification. 28. Failure to abide by and faithfully comply with any and all conditions attached to this approving action shall constitute grounds for the revocation of said action by the Lynwood Planning Commission. Building & Safety Division 29. All construction shall meet or exceed the minimum building standards that are referenced in the following codes. •The California Building Code - 2014 edition; *The California Plumbing Code - 2014 edition, .The California Mechanical Code - 2014 edition, *The Los Angeles County Fire Code — 2014 edition; *The California Electrical Code — 2014 edition; In cases where the provisions of the California Building Code, the City of Lynwood Municipal Code, or the plans or specifications in these plans may conflict, the more restrictive provisions shall govern. 5 Department of Public Works 30. A permit from the Engineering Division is required for all off -site improvements. 31. No final sign -off shall be given until all conditions of approval from the Public Works Department have been completed. 32. THE FOLLOWING CONDITIONS SHALL BE SUBMITTED PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY. 32.1 Remove damaged curb & gutter and construct new curb & gutter per S.P.P.W.C. STD. DWG. 120 -2, A2 -6 along formerly Fernwood Avenue. 32.2 Reconstruct existing one (1) new drive approach per S.P.P.W.C. STD. DWG. 110 -2 TYPE C. 32.3 Parkway shall be constructed using drought tolerant plans equipped with Drip Irrigation System. 32.4 Underground all new utilities. 32.5 Underground existing utilities if any modifications are proposed for the electrical service panel. 32.6 All Edison vaults and structures shall be placed per SCE standards. 32.7 Remove vegetation from fence on Fernwood Avenue. Fire Prevention 33. Review and approval by the County of Los Angeles Fire Department Fire Prevention Engineering Section, Building Plan Check Unit, may be required for this project prior to building permit issuance. Contact the Fire Prevention Engineering Section Plan Check office checked below for specific submittal requirements for this project. Fire Prevention Commerce Office 5823 Rickenbacker Road Commerce, CA 90040 (323) 890 -4125 6 34. Final approvals from the Los Angeles County Fire Department must be obtained prior to issuance of any building permits. APPROVED this 1 P day of October 2016 by members of the Planning Commission, voting as follows: AYES: NOES: ABSENT: ABSTAIN: h Planning Commission Secretary, Andre Dupret, Interim Director Department of Development, Compliance and Enforcement Services A4 Cit %(�f LI'NWOOD clam .,, .. A ('ply .,llut•.g ('Fnff�ag<<; x � N, -,c� DATE: October 11, 2016 TO: Honorable Chair and Members of the Planning Commission FROM: David A. Garcia, City Attorney Mike Poland, Planning Manager SUBJECT: Amendments to Lynwood Municipal Code (LMC) Section 25 -70 -14 relative to off -site outdoor advertising displays. APPLICANT: City of Lynwood RECOMMENDED ACTION: 1. RECOMMEND that the Planning Commission recognize that the proposed Amendment is exempt from the California Environmental Quality Act (CEQA) in accordance with Section 15060(c)(2), in that the activity in question consists of text changes that would not directly have a significant negative physical impact on the environment. 2. RECOMMEND that the Planning Commission adopt Resolution No. 3367, recommending that the City Council approve an ordinance amending Section 25 -70- 14 of the Lynwood Municipal Code relating to development standards for off -site outdoor advertising displays. PROJECT: This is a public hearing on a City initiated proposal to consider text amendments to Lynwood Municipal Code (LMC) Section 25 -70 -14 relative to off -site outdoor advertising displays. BACKGROUND: On May 17, 2016 the City Council adopted an Urgency Ordinance (Ordinance No. 1680) imposing a 45 -day moratorium on new off -site outdoor advertising displays in the City of Lynwood. On June 21, 2016 the City Council extended the moratorium until December 30, 2016. The purpose of this moratorium is to allow time for staff to prepare revisions to the City Sign Ordinance to address the issue of off -site outdoor advertising displays and off - premises promotional signs. Approval of the proposed Ordinance would not permit the immediate construction or operation of any off -site outdoor advertising displays. If approved, the City intends to allow the construction, maintenance and operation of off -site and digital billboard signs subject to the approval of a Conditional Use Permit, as well as being permitted pursuant to the terms of a development agreement. DISCUSSION Environmental Determination The proposed ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly due to the fact that future consideration of any sign or billboard shall be subject to independent environmental review, the scope of which is unknown at this time. Therefore, no environmental assessment is required or necessary. Analysis Section 25 -70 of the Lynwood Municipal Code (Li (Sign Code) addresses the construction of new off - premises signs or advertising displays (billboards). The intent of the sign code as it relates to off - premises signs or advertising displays is to insure their proper placement and to maintain community standards for such signs to avoid the adverse impacts associated with an over proliferation of signs (sign clutter). At the same time, properly regulated signs serve public purposes by generating revenue for the City, advertising products and services that may be of interest to the community, and by providing a medium to display public service announcements and emergency messages. Off -site signs or advertising displays (or "billboards ") are currently located within the City along areas adjacent to Interstate 105 and Interstate 710. These current signs are "static" or fixed in nature and typically involve the placement of sign panels on existing structure designed to carry the weight of the advertising panels. MCA 2 October 11, 2016 Off site advertising However, with technological changes, new advertising media in the form of electronic digital technology make it possible for outdoor advertising companies to display advertisements more efficiently and effectively. In addition, new off premises digital billboard displays are by virtue of their technology typically more aesthetically pleasing. The proposed standards set forth in the attached ordinance would create the framework for more flexibility to allow more modern forms of communication but with reasonable development standards and regulations designed to protect the City. Furthermore the proposed ordinance will act as an incentive for the conversion of existing static billboards in limited areas, and thereby promote reinvestment in a more efficient technology with public benefits. The key elements of the proposed ordinance are summarized below: Off -site outdoor advertising displays are defined and allowed subject to specific development standards: • The construction of new off -site outdoor advertising displays or the relocation of an off - premises static or digital billboard will only be allowed within specified geographical areas of the City (along the Interstate 105 and Interstate 710 Freeway). • The potential sign placement areas shali not encroacn over pubiic rights -of -way. • New off -site outdoor advertising displays will only be allowed subject to the approval of a Conditional use Permit and a Development Agreement by the City Council. This Development Agreement would contain appropriate standards and public benefits in compliance with all other regulations contained in the ordinance. • Other development standards set forth in the proposed ordinance include: Off- premises digital display will not generally be allowed within 500 feet of any other off - premises display (static) on the same side of the freeway. Off- premises digital display will not generally be allowed within 1,000 feet of any other off- premises digital display on the same side of the freeway. The height of any off - premises digital display shall be measured from the lower of the finished grade of the sign structure or finished grade of the highway, as approved in a Conditional Use Permit and Development Agreement. There are other specific conditions and performance standards proposed in the ordinance relating to sign design and appearance, as well as to ensure the illumination MCA 3 October 11, 2016 Off site advertising of the sign follows industry and community standards to ameliorate the concern with light and glare. Furthermore, controls will be required to make possible the adjustment of image brightness taking into account environmental considerations (i.e. daytime /nighttime conditions). It's important to note that the new technology conveys the images in a more efficient and directed manner so that light spillage and glare is almost non- existent. EXISTING SETTING: Interstate 105 Interstate 105 is an Interstate Highway in southern Los Angeles County that runs east — west through the central portion of the City. The 105 begins at Sepulveda Boulevard (State Route 1) on the southern edge of Los Angeles International Airport (LAX), adjacent to the city of El Segundo. It proceeds generally eastward from there on, crossing the Los Angeles and San Gabriel Rivers before terminating just east of the San Gabriel River Freeway (Interstate 605) in western Norwalk. The visual landscape of the 105 corridor through Lynwood is defined by various legal conforming and non- conforming on- premises signs, structures of varying age and states of repair, and native and non - native vegetation. Interstate 710 Interstate 710 is a north —south auxiliary interstate freeway running along the eastern edge of the City. Officially known as the Long Beach Freeway, it runs north from Long Beach to Valley Boulevard, just north of 1 -10, the San Bernardino freeway, near the boundary between the cities of Alhambra and Los Angeles. South of 1 -5, Interstate 710 follows the course of the Los Angeles River, rarely wandering more than a few hundred feet from the riverbed. As with Interstate 105 described above, the visual landscape of the 710 corridor along Lynwood's eastern edge is also defined by various legal conforming and non - conforming on- premise signs, structures of varying age and states of repair, and native and non - native vegetation. REGULATORY SETTING Federal The federal Highway Beautification Act of 1965 (23 U.S.C. 131) provides for control of outdoor advertising, including removal of certain types of signs, along the interstate highway system. It requires certain junkyards along Interstate or primary highways to be removed or screened and encourages scenic enhancement and roadside development. The Act is enforced by the Federal Highway Administration (FHWA). As part of its encroachment effort, the FHWA has entered into agreements regarding the Act with state departments of transportation. The agreements with California are described under the State provisions below. MCA October 17, 2016 Off site advertising The California Department of Transportation (Caltrans) is involved in the control of off - site displays along state highways. Such displays advertise products or services of business located on property other than the display. Caltrans does not regulate on- premise displays. The Federal Highway Administration has entered into written agreements with various states as part of the implementation of the Highway Beautification Act. The City is informed that California entered into two such agreements: one dated May 29, 1965, and a subsequent agreement dated February 15, 1968. The agreements generally provide that the State will control the construction of all outdoor advertising signs, displays and devices within 660 feet of the interstate highway right -of -way. The agreements provide that such signs shall be erected only in commercial or industrial zones, and are subject to the following restrictions: • No signs shall imitate or resemble any official traffic sign, signal or device, nor shall signs obstruct or interfere with official signs, • No signs shall be erected on rocks or other natural features: • Signs shall be no larger than 25 feet in height and 60 feet in width, excluding border, trim and supports, • Signs on the same side of the freeway must be separated by at least 500 feet, and • Signs shall not include any flashing, intermittent or moving lights, and shall not emit light that could obstruct or impair the vision of any driver. California regulates outdoor advertising in the Outdoor Advertising Act (Business and Professions Code §5200 et seq.) and the California Code of Regulations, Title 4, Division 6 ( §2240 et seq.). Caltrans enforces the law and regulations. Caltrans requires applicants for new outdoor lighting to demonstrate that the owner of the parcel consents to the placement of the sign that the parcel on which the sign would be located is zoned commercial or industrial and that local building permits are obtained and complied with. A digital billboard is identified as a "message center" in the statute, which is an advertising display where the message is changed more than once every two minutes, but no more than once every four seconds. (Business and Professions Code §S216.4). Additional restrictions on outdoor signage are found in the California Vehicle Code. Vehicle Code §21466.5 prohibits the placing of any light source " ...of any color of such brilliance as to impair the vision of drivers upon the highway." Specific standards for measuring light sources are provided. The restrictions may be enforced by Caltrans, the California Highway Patrol, or local authorities. FINANCIAL AND POLICY IMPLICATIONS In partnership with outdoor advertising agencies, communities are securing long -term revenue sources by exchanging static billboards for digital equivalents. Development Agreements executed between outdoor advertising agencies and the City could provide for signing bonuses and monthly rents for each digital billboard sign, which would result in a reliable revenue stream for the City. Other benefits to the City could include some amount of negotiated advertising for local community events and businesses. MCA 5 October 11, 2016 Off site advertising PUBLIC NOTIFICATION: A legal notice was published in the Daily Journal on October 1, 2016. As of October 5, 2016, staff has received no comments in support or opposition to the request. ATTACHMENTS: 1. PC Resolution No. 2016 -3367 2. Off -site outdoor advertising displays Ordinance MCA October it, 2016 Off cite advertising ATTACHNMENT "A" RESOLUTION NO. 3367 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LYNWOOD RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF LYNWOOD, CALIFORNIA, SECTION 25 -70 -14 RELATIVE TO OFF -SITE OUTDOOR ADVERTISING DISPLAYS BE IT RESOLVED by the Planning Commission of the City of Lynwood as follows: A. Recitals 1. WHEREAS, on October 11, 2016, the Planning Commission conducted a legally noticed public hearing on the proposed Ordinance and considered public testimony and materials in the staff reports and accompanying document and exhibits, and recommended approval of the project; and 2. WHEREAS, the Planning Commission reviewed the supporting documentation submitted by the Planning Division, the analysis, findings and recommendations presented by City Staff, and evidence and testimony presented during the meeting. B. Resolution NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LYNWOOD PLANNING COMMISSION as follows. The City of Lynwood Planning Commission in its deliberations makes the following findings: 1. The proposed Ordinance does not conflict with the goals, policies, and implementation measures set forth in the General Plan and Zoning Ordinance in that the proposed Ordinance will require development and relocation agreements to reduce visual clutter, eliminate non - conforming signage, facilitate the orderly development and relocation and redistribution of existing displays to more appropriate locations within the City, to allow for the integration of modern technology into relocated displays and limited new displays, and to eliminate undue expenses to the City. 2. The proposed Ordinance is consistent with the California Business and Professions Code Section 5412, which encourages cities to enter into relocation agreements, and to adopt ordinances or resolutions providing for relocation of signs. Thus, the proposed code changes meet the intent of this Section of state law to: (1) reduce visual clutter (2) eliminate non - conforming signage (3) facilitate the relocation and redistribution of existing outdoor advertising displays to more appropriate locations within the City to better serve the advertising needs of the local business community (4) allow for incorporation of modern technology into relocated outdoor advertising displays in the form of Digital Outdoor Advertising Displays and (5) to eliminate the need for the City to pay compensation for removal of existing outdoor advertising displays to accommodate a public project. 3. The proposed Ordinance allows for the use of more modern forms of communication through the form of digital displays set in a controlled and planned manner. 4. The proposed Ordinance allows the City to receive public benefits from digital off - site sign owners for the opportunity to construct and relocate digital signs 5. The proposed ordinance is not subject to the California Environmental Quality Act ( "CEQX) pursuant to Sections 15060(c)(2) (the activity will not result in a direct of reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly due to the fact that future consideration of any sign or regulated advertisement shall be subject to independent environmental review. the scope of which is unknown at this time. Therefore, no environmental assessment is required or necessary. NOW THEREFORE, BE IT RESOLVED by the City of Lynwood Planning Commission that based on the findings provided herein, the Planning Commission forwards its recommendation to the City Council supporting an Ordinance amending the Zoning Ordinance of the City of Lynwood, California, Section 25 -70 -14 relative to off -site outdoor advertising displays I, Andre Dupret, Secretary to the Planning Commission of the City of Lynwood, do hereby certify that the foregoing Resolution No. 3367 was passed and adopted at a meeting of the City of Lynwood Planning Commission held on October 11, 2016, by the following votes: AYES: NOES: ABSENT. ABSTAIN: Andre Dupret, Secretary, Lynwood Planning Commission Off Site Outdoor 2 PC Resolution Advertising Displays ATTACHMENT "B" 25 -70 -14 OFF -SITE OUTDOOR ADVERTISING DISPLAYS: A. Notwithstanding any other provision of the zoning code, off -site outdoor advertising displays shall be allowed in non - residential zones, on any size parcel, whether public or private property, subject to the following criteria, and in compliance with state law: 1 The advertising display shall be included as part of a development agreement, lease agreement or other agreement with the city or its related agencies, including but not limited to the Lynwood parking authority ( "related agencies "), and the agreement contains performance, one -time fee, public benefits. or ongoing revenue provisions that allow the city or related agencies to undertake projects, programs, or other activities that improve the visual environment. The City recognizes that a sign may serve public purposes by generating revenue for the City, advertising products and services that may be of interest to the community and by providing a medium to display public service announcements and emergency messages. 2. The advertising display shall be placed within six hundred sixty feet (660') from the edge of the right -of -way of a freeway, except as may be approved in a development agreement. lease or license per subsection A32 of this section.. subject to applicable provisions of Business and Professions Code section 5200 et seq. 3. No advertising display shall be placed within five hundred feet (500') from another advertising display on the same side of any portion of a freeway, except as may be approved in a development agreement, lease or license per subsection A32 of this section 4 Unless permitted pursuant to the terms of a development agreement and in compliance with Section A5 below the advertising structure shall not exceed the minimum height necessary to provide one thousand feet (1 000') of unobstructed visibility from the main traveled way to each facing on the advertising structure The minimum height shall be measured above the adjacent freeway grade, or if on a commercial corridor, from ground level. 5. No advertising structure shall have a facing that exceeds one thousand two hundred (1,200) square feet in area with a maximum height and maximum as approved pursuant to the terms of a development agreement and the conditional use process to include border and trim and extensions, and excluding base or apron supports and other structural members also in conformance with A4 above. This subsection shall apply to each facing on an outdoor advertising structure. The area shall be measured by the smallest square, rectangle, triangle, circle, or combination thereof, which will encompass the entire advertisement and is made based on the height and the length but not the depth of the advertising copy. 6 No advertising display may be placed that is so illuminated or contains a digital display that it inte Peres with the effectiveness of or obscures any official traffic sign, device, or signal or violates any applicable law; nor shall any advertising display include any digital display or be illuminated in a manner that includes flashing, intermittent, or moving lights as further prohibited by the provisions of the Business and Professions Code, nor shall any advertising display cause beams or rays of light to be directed at the traveled ways if the light is of an intensity or brilliance as to cause glare or to impair the vision of any driver, or to interfere with any driver's operation of a motor vehicle. Existing setback and yard requirements of the underlying commercial or industrial zone shall not be applicable to placement of any advertising structure. No minimum setback or yard requirements shall be applied to placement of an advertising display. 8 No advertising display shall be placed or maintained in violation of the outdoor advertising act. chapter 2 (commencing with section 5200) of division 3 of the California Business and Professions Code. or any other applicable state, federal or local law. AmendmenCSec- 25 -70 -14 2 PC 10 11.2016 9 Unless otherwise specified in this section, the general sign requirements set forth in the Business and Professions Code shall apply to plans and materials for and to design, construction, street address numbers, identification and maintenance of outdoor advertising displays approved under this section. 10. All proposed signs shall be designed to have a single cylindrical column support, and shall be structurally sound and designed with consideration to seismic safety. No cantilevered design will be approved, unless shown to be structurally sound and seismically safe and sound. 11. No cutouts or attachments shall be permitted, unless permitted pursuant to the terms of the development agreement. 12 Bidirectional or double -faced digital display signs shall be located on the same cylindrical column structure and shall be restricted to the following location: a. The distance between sign faces shall not exceed eight feet; and b. Digital display signs located on the same structure shall be positioned back -to -back (i.e., their backs shall be parallel to each other) and within five degrees of perpendicular to the roadway from which they are to be viewed. c. For 'V- shaped" double -faced signs, the distance between sign faces shall not exceed thirty -five (35) feet at their widest point and shall not exceed eight feet at their closest point. 13. Each sign structure shall, at all times. include a facing of proper dimensions to conceal back bracing and framework of structural members and /or any electrical equipment. During periods of repair or alteration the facing may be removed for a maximum period of 48 consecutive hours Amendment Sec. 25 -70 -14 3 PC 10.11.2016 14 Billboard owner identification signs shall be provided on all digital display signs and shall have a minimum character height of 12 inches. 15. The sign owner shall underground all utilities installed in connection with any digital display sign. 16. The interval between the change in digital content in any digital display sign shall be a minimum of eight (8) seconds and the images shall change instantaneously, without special transitional effects. 17. No digital display sign may include any illumination or message change that is in motion or that changes intensity. 18. A digital display sign shall not encroach over public rights -of -way. 19 An off - premises digital display sign shall not be permitted within fifty (50) feet of a residentially zoned property. 20 The back or rear of an off - premises digital display sign. which is visible to the public, shall be suitably covered to conceal the inner structures and shall be properly maintained 21. An off - premises digital display must utilize automatic dimming technology to adjust the brightness of the sign relative to ambient light so that at no time will the sign exceed a brightness level of 0.3 footcandle above the ambient light for both daytime and nighttime condition. 22 Pre -set distances to measure the foot candles impact vary with the face size of each size sign. Measurement distance criteria: Nominal Distance to Face Size be measured from: FN_ ominal Face Size Distance to be measured from: 1 12' x 25' 150' 10'6 "x 36' 200' 14' x 48' 20' x 60' or 25' x 48' 3 ' — Amendment Sec. 25 -70 -14 4 PC 1011.2016 23. The predominant technology currently being deployed for digital billboards is LED (light emitting diode), but there may be alternate, preferred and superior technology available in the future. Any other technology that operates under the maximum brightness stated in A shall not require an ordinance change for approval, unless the Planning Commission finds it in the best interest of the public to do so. The City shall expedite any required approvals for technology that is superior in energy efficiency over previous generations or types. 24. After commencement of operation, the City may, at the expense of the owner of the sign. retain a lighting engineer to conduct follow -up testing and recommend any necessary corrective measures if the City reasonably believes brightness levels exceed this City's requirement. 25. If directed to take corrective measures by City staff based on the lighting engineer's report, the sign owner must promptly implement such corrective measures at its sole expense within 7 days of the date of the City's demand for corrective measures. 26. All off - premises digital displays must revert to a black screen or turn off immediately if 10% of the digital display screen malfunctions. 27. Compliance with other Codes. All digital displays shall comply with the appropriate detailed provisions of the latest editions of the California Building, Electrical, and related Codes. 28. Owners of Digital Billboards are encouraged to coordinate with law enforcement and emergency management authorities to display, when appropriate, regional emergency information important to the traveling public including, but not limited to, Amber Alerts or emergency management information. Amendment Sec. 25 -70 -14 5 PC 10.112016 29. No off -site advertising display shall display any advertising of any drugs, including, but not limited to, marijuana or tobacco products; adult -type uses, including, but not limited to, nude or topless bars or nightclubs, or establishments that feature nude or topless dancing or mud wrestling. or businesses featuring the sales of adult novelty items, books, magazines, videos, DVDs or tapes, in compliance with Lynwood Municipal Code section 25- 85 -9(D) and with all other applicable laws and rules, including local and states laws. 30. No person shall place an off -site outdoor advertising structure without first having secured a zoning permit, a sign permit /Conditional Use Permit and a building permit. a. A separate building permit shall be required for each advertising structure whether or not the advertising structure is proposed alone or as one of any number of advertising structures proposed to be placed on the same parcel, contiguous parcels, or any set of related or unrelated parcels that are the subject of a single development proposal. At the discretion of the director of development services, a separate zoning permit shall be issued for one advertising structure or a single zoning permit may be issued for any number of advertising structures proposed on the same parcel, contiguous parcels, or any set of related or unrelated parcels that are the subject of a single development proposal and equally compliant under all applicable Business and Professions Code requirements 31. No permit of any kind shall be issued for an advertising display without prior approval of an appropriate agreement, by the city council, as described in subsection Al of this section, and permits per subsection A30 of this section. An application for approval of a zoning, sign /CUP and building permit for an off -site advertising structure shall be filed with the city council in accordance with the following provisions' 1) Any person who has an ownership, license or leasehold interest in the land parcel may file an application for approval Amendment Sec 25 -70 -14 6 PC 10.1t201b of a zoning and budding permit for an off -site advertising structure. If submitted by the holder of a license or leasehold nterest, the application must include a statement of consent to proceed with the proposed development executed by the holder of an ownership interest and acknowledged before a notary public for the state of California. The application may request review of one or multiple advertising structures. 2) The application shall be accompanied by photos of all existing signage and accurate architectural renderings and elevations of proposed advertising structures, as well as a scaled plot plan and elevations showing the locations of all existing structures and improvements on the property, and the proposed advertising structure(s). 3) At the time of filing the application for permits, the applicant shall pay a filing fee in accordance with a city council approved resolution. This fee shall be n. addition to any other required fees for permits relative to development of the property and shall be for the purpose of defraying the costs associated with city review and action on the application. 4) Any permit issued shall be the property of the applicant. 32 Where any standard imposed by a negotiated development agreement, lease or license differs from the general standards set forth in this section or sections 25 -130 -5 or 25- 135 -6, the standards imposed by the development agreement. lease or license shall apply over the general standards as a matter of public interest and in the discretion of the city or its related agencies. B. The city council may act on the application directly or refer the application to the planning commission for review and recommendations or determination. 1 Before approving any off -site advertising display permit application, the city council, or before recommending approval, the planning commission Amendment Sec. 25 -70 -14 7 PC 10.11.2016 upon city council referral, shall make tine following determination concerning the parcel (s) for which permits are sought: a All existing and proposed advertising displays are appropriately scaled to the architectural character of all buildings and structures on the parcel, b. Ail existing and proposed advertising displays result in a complementary enhancement to the architecture on the parcel, C, All existing and proposed advertising displays result in a visually uncluttered appearance: d, All existing and proposed advertising displays enhance commercial corridors and properties and do not obscure street views of public art, council designated historical buildings, or city council designated projects; e. All existing and proposed advertising displays minimize potential traffic hazards f. All existing and proposed advertising displays are compliant with all applicable provisions of this zoning code, and federal, state and local law relevant thereto. 2 The city council may impose, or the pianning commission upon city council referral may recommend, additional conditions as are reasonably necessary to ensure the development is consistent with the general plan. compatible with surrounding land use, meets the provisions and intent of this zoning code, minimizes potential traffic hazards, and otherwise protects the public health, safety and welfare- In making such determinations, findings shall be made that the proposed use is in general accord with the principles and standards set forth in section 25 -130 -5 or as such standards may be modified for development agreements, leases or licenses per subsection A32 of this section. Amendment Sec 25 -7014 $ PC 1011.2016 3. Without exception, every outdoor advertis;ng display approved under this section shall be subject to the following express conditions and reservations. a. If an advertising display is illuminated, any illumination shall' not impair the vision of travelers on any adjacent highway, including the freeway or commercial corridor Illumination shall be considered vision impairing when its brilliance exceeds the values set forth in section 21466.5 of the California Vehicle Code, or any successor statute or Caltrans regulation. The city further reserves the right to impose a more restrictive illumination standard in light of ambient lighting in the area of any advertising display b. When an advertising display is defaced with graffiti, the display owner shall remove the graffiti within forty -eight (48) hours after telephonic notice by city. 4 The decision of the city council shall be final and conclusive. The city council may refer the application to the planning commission for review and recommendation back to the city council 5 Except where an outdoor advertising display is considered per subsection Al of this section, in which case the provisions of subsection A32 of this section apply, any proposed variance to this subsection shall be deemed a major variance and may be approved only if the city council determines that each of the required findings set forth in section 25 -135 -6 are met. C All existing off -site outdoor advertising displays that have previously obtained required permits, and which remain in compliance with the terms and conditions of those permits, but that are not in conformance with the provisions of this section shall become nonconforming uses, The owner of a nonconforming outdoor advertising display may perform normal repairs and customary maintenance to such existing nonconforming advertising displays, including, but not limited to. changing the advertising message and adding an extension to the outside dimension of a facing. D. All off -site outdoor advertising displays approved under this section and existing nonconforming advertising displays may be relocated by mutual agreement Amendment Sec 25 -70 -14 9 PC 10 -11 -2016 between the display owner and the city council on whatever terms are agreeable to both parties 1. "Relocation," as used in this section, includes removal of an advertising structure and construction of a new advertising structure to substitute for the advertising structure removed. 2. The purpose of this subsection is to allow the city to continue to develop in a planned manner without expenditure of public funds while allowing the continued maintenance of private investment and a medium of public communication established in outdoor advertising. E. VIOLATIONS AND ADMINISTRATIVE CIVIL PENALTIES. 1. Purpose. This Section E applies only to the off -site sign regulations set forth in Chapter 25 -70 -14 of this Code and to violations of any other off -site sign regulations established by ordinance. The City Council finds there is a need for alternative methods of regulating off -site signs. The City Council further finds that the assessment of additional civil administrative citations for violations of the off -site sign ordinance is a necessary alternative for enforcement of all regulations applicable to off -site signs and will reduce the burden on the judicial system while providing full due process for those cited. The assessment of the civil citations established in this section is in addition to any other administrative or judicial remedies established by law which may be pursued to address violations of the sign regulations. 2. Authority and General Provisions. a. The City shall have the authority to issue an order to comply and assess citations against any responsible party for violation of any provisions of this Code pertaining to off -site signs. b. The owner of the property on which a sign is located and the owner of the sign and sign support structure are both responsible parties for complying with all provisions of this Code pertaining to off -site signs. In addition, the owner of the property and the owner of the sign or sign Amendment Sec 25 -70 -14 10 PC 10.11.2016 support structure are jointly and severally liable for the civil citations assessed pursuant to this section. c. This chapter, and the provisions herein, shall be read consistent with Chapter 20 of this Code, Administrative Citations and Fines, Chapter 25- 70 -14, except that in the event of any conflict between the provisions of this chapter and the provisions of Chapter 20, this Chapter shall control, specifically including the amount of each potential fine as set forth in this Chapter. 3. The order to comply shall be served in the same manner specified Chapter 20 -4 of this Code. 4. Penalties shall begin to accrue on the 16th day after the effective date shown on the order to comply, unless the violation is corrected or the sign is removed before midnight on the 15th day after the effective date. 5. For the violation of any part of this ordinance, Chapter 25- 70 -14, each violation shall be treated as a misdemeanor and the amount of the administrative penalty shall be one thousand dollars ($1,000.00). A violation of these sign regulations is deemed a continuing violation and each day that a violation continues is deemed to be a new and separate offense. 6. After correcting the violation or removing the sign copy, the responsible party must contact the representative of the appropriate department who issued the administrative citation to request a re- inspection. Any fine assessed will cease to accrue starting on the day that the applicable department determines through its re- inspection that the violation has been corrected. If the City rescinds an order to comply, the violation shall be considered corrected, and no fine shall be due. 7. All other matters pertaining to the issuance of an administrative citation for violation of the off -site sign regulations not addressed by this Chapter, including, but not limited to, the processing of appeals, shall be as regulated by Chapter 20 of this Code. Amendment Sec. 25 -70.14 11 PC 10.11 2016 F. Whenever the following terms are used in this section, they shall be construed as defined in this subsection: ADVERTISING Refers to advertising structures and DISPLAY: to signs placed for off -site outdoor advertising purposes on advertising structures, including any static or revolving free - standing sign that identifies or communicates a commercial or noncommercial message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located. This includes, but is not limited to, building graphics, supergraphics, building wraps, and wall drop signs containing off -site messages, and billboards painted or applied to building walls. The terms "billboard" and "off -site sign" may be used interchangeably to mean the same thing. ADVERTISING A structure of any kind or character STRUCTURE: erected, used, or maintained for off - site outdoor advertising purposes, upon which any poster, bill, printing, painting, or other advertisement of any kind whatsoever may be placed. DIGITAL DISPLAY Any sign face or panel of an outdoor SIGN: sign display that uses digital Amendment Sec. 25 -70 -14 12 PC 10 11,2016 message technology capable of changing the static message or copy on the sign electronically. such that the alphabetic, pictographic, or symbolic informational content of which can be changed or altered on a fixed display surface composed of electronically illuminated or electronically actuated or motivated elements can be changed or altered electronically. An electronic billboard may be internally or externally illuminated. This includes signs with displays that must be preprogrammed to display only certain types of information (i.e., time, date, temperature) and signs whose informational content can be changed or altered by means of computer- driven electronic impulses. This includes, without limitation, signs also known as digital billboards or LED billboards., including any CED (charge emitting diodes) or plasma, or their functional equivalent, which is capable of displaying images that change electronically and intermittently. EXTENSION. An increase in the size of the advertising area up to thirty -three percent (33 %) of the total advertising area of the facing which does not exceed the height, length or total area allowed for in subsection A5 of this section. Amendment sec. 25 -70 -14 13 PC 10,11 2016 FACING: The portion of the advertising structure that contains any poster, bill. printing, painting, or other advertisement of any kind whatsoever. FLASHING, A light or message that changes INTERMITTENT, OR more often than once every four (4) MOVING LIGHT: seconds. The illumination or the appearance of illumination resulting in a change of message or advertising copy is not the use of flashing, intermittent, or moving light, unless it changes more often than once every four (4) seconds. FREEWAY: A divided arterial highway for through traffic with full control of access and with grade separations at intersections MAIN TRAVELED WAY: In the case of a freeway, the traveled way of each of the separate roadways for traffic in opposite directions is the main traveled way. NONTRADITIONAL ADVERTISING STRUCTURE: A structure of any kind or character, erected, used, or maintained for purposes other than advertising purposes (e.g., water towers, cell towers, or silos) upon which any poster, bill, printing painting or other advertisement of any kind whatsoever may be placed. The term "nontraditional advertising structure" shall not include a building or structure used for the display of on- site commercial messages of Amendment Sec. 25 -70 -14 14 PC 10.11.2016 SIX HUNDRED SIXTY FEET (660') FROM THE EDGE OF THE RIGHT- OF -WAY: commercial uses located at or within said building or structure. Six hundred sixty feet (660') measured from the edge of the right - of -way horizontally along a line perpendicular to the centerline of the highway. Amendment Sec. 2579 -14 15 PC 1011 -2016