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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
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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
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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
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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
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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
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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