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HomeMy Public PortalAboutOrd. 1572ORDINANCE NO. 1572 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CERTAIN SECTIONS OF TITLE 25 (ZONING) OF THE LYNWOOD MUNICIPAL CODE INCLUDING SIGNS, FENCES, DEVELOPMENT STANDARDS AND USES. WHEREAS, the zoning code is the implementation tool of the General Plan and shall be consistent with the General Plan; and WHEREAS, the Lynwood City Council adopted an update of the Lynwood General Plan on September 9, 2003; and WHEREAS, the City Council approved an overall update of the Lynwood Zoning Code and the new zoning code became effective on April 15, 2005; and WHEREAS, after implementing the new zoning code for ten months staff has identified certain deficiencies and recommends certain amendments to the code; and WHEREAS, the amendments to the Zoning Code are minor in nature and no further environmental review is required. The General Plan included an Environmental Impact Report (EIR) and the Zoning Code Update included a Mitigated Negative Declaration (MND). Provisions in the EIR and MND address potential impacts pursuant to the provisions of the California Environmental Quality Act (CEQA) guidelines. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREB RDAI ' C'N AS FOLLOWS: Section 1. Existing Section 25.10.070, Maximum Projections into Yards, shall be repealed in its entirety and a new section 25.10.70 shall be added to the Lynwood Municipal Code to read as follows: 25.10.70 Maximum Projections into Yards a) All required yard areas shall be open and unobstructed from finished grade to the sky, except that projections into yard areas shall be permitted as indicated in Table 10 -1. The architectural projections listed in the table must be attached to the principal building existing or planned on the lot. b) Detached accessory structures may encroach into required side and rear yard setback areas provided that a minimum setback of five feet (5') shall be observed for all side and rear property lines. C) Existing residential structures that encroach into required setback areas in all residential zones, may apply for one -story addition development permits provided that the addition meets all conforming required setbacks. Section 2. Existing Section 25.10.120, Fences, Walls, and Hedges, is repealed in its entirety, and a new Section 25.10.120 shall be added to the Lynwood Zoning Code as follows. 25.10.120 Fences, Walls, and Kedges (a) In residential districts the maximum height of all fences, walls, and hedges at all locations, except in the required front yard, is six feet (6), unless otherwise stated in this Chapter. In all other districts, the maximum height at all locations, except the required front yard, is eight feet (8'), unless otherwise stated in this Chapter. The height shall be measured from the top of wall to finished grade. All new solid block walls located in the side yard and rear set backs abutting rights of way shall be set back 12 inches therefrom. and at base grade, shall be planted with the creeping fig plant. b. wood picket or PVC picket (9) Spacing: Open fence material shall not exceed two inches (2 ") in width nor be spaced less than four inches (4 ") apart. (10) Retaining Walls: The height of retaining walls in the front yard shall be equal to or less than thirty inches (30 "). The total height of any wall in a front yard, including a retaining portion, shall be equal to or less than forty -eight inches (48 "). 11. Fences or walls shall provide a gate or other suitable opening no less than thirty inches (30 ") in width to provide access to primary or accessory structures. 12. Fences, which were legally constructed prior to the adoption of this Zoning Code, but made nonconforming as a result of the adoption of the Zoning Code, are exempt from amortization. (13.) Prohibited Fence Material: Fences, in their entirety, or portions thereof, shall not be comprised of the following materials: a. chain link b. barb wire C. chicken wire d. razor wire e. fiberglass f. corrugated plastic g. gypsum board (d) Permit Required: All new fences in all zoning districts, including block walls, require a permit from the Development Services Department, Planning Division. All applications for a City permit for installation of a fence shall: 1. Be made in writing upon the application form approved by the City Manager or his or her designee, and be accompanied by the permit fee set by and amended by City Council resolution; and 2. Include a plot plan that identifies the location of fence(s); and 3. Include an elevation plan containing a description of the materials to be used in constructing the fence and /or the fence supports and all of the dimensions, including but not limited to, width, height, depth, and length of the fence and /or the fence supports; and 4. Include a notarized letter from all abutting land owners consenting to the location of the fence. In absence of the notarized letter, a survey from a licensed engineer delineating the property lines of the person applying for the fence permit. (e) Notice of Granting or Rejecting of Permit The Department of Development Services Director or his /her designee shall notify the applicant of the decision to grant or deny the permit. In the case of denial, the applicant shall be notified to his /her right of appeal to the Planning Commission. (f) Right of Appeal to Planning Commission 1. The decision of the Director of Development Services may be appealed to the Planning Commission in accordance with the Lynwood Municipal Code. 2. In considering the appeal, the Planning Commission shall determine whether the applicant demonstrated that the fence has met the following criteria: a. Aesthetically attractive; b. Compatible with surrounding properties; c. Demonstrate continuity of design with other conforming fences on surrounding properties; d. Not harmful to public health, safety or welfare 3. Notice of the Planning Commission's decision shall be mailed to the appellant within ten (10) business days of the decision personally, or by certified United States mail, return receipt requested. The decision shall include notification of Section 1094.6 of the California Code of Civil Procedure. Should the certified mailed notice be returned to the City for any reason, the City shall cause a copy of the same to be mailed to the property owner shown on the last equalized assessment roll by regular first -class mail with postage fully paid. 4. On appeal, the Planning Commission shall conduct the hearing and may uphold, reverse, or amend any decision of the Director of Development Services. The decision of the Planning Commission shall base its decision on findings. Section 3. Existing Section 25.10.130, General Design Compatibility and Enhancement, is hereby amended to add subsection (c) to read as follows: (c) Exterior colors shall consist of neutral or earth tone colors for buildings and structures. Trim and architectural features may consist of brighter colors. Upon construction of a new residence or second story addition, all structures on the property shall require authorization of City approved colors. Section 4. Existing Table 25.25 -1 in Section 25.20.030, Development Standards, shall be amended to add Note (d) and shall read as follows: NOTES: (d) Within the same lot, building separation shall be a minimum of ten feet (10') from residence to residence, and a minimum of six feet (6') from residence to accessory structure or from accessory structure to accessory structure. Section 5. Existing Table 25.25 -1, Section I. Commercial Development Standards, shall be amended to reflect the following: reduce the rear yard setback for commercial zones from 20' to 5'. Section 6. Existing Section 25.20.080, Outdoor Display and Storage shall be amended to add Subsections (g), (h) and (i) and shall read as follows: (g) Outside displays shall be limited to two (2) items or a maximum of ten (10) square feet in area (h) Outside display items shall be located out of the public right -of -way or adjacent to the building if there is no front setback area. (i) When an outside display is located within a Specific Plan area, planned development or pursuant to a pilot program, said displays shall comport with the specific requirements of these plans. Section 7. Existing Section 25.25.130, Automobile Uses, shall be deleted and a new section 25.25.130 shall be added to read as follows: 25.25.130 Automobile Uses Automobile repair, used car sales, car washes, auto alarm installation and sales, auto tire sales and service, and auto upholstery sales and service are permitted in the C -3 Zone District subject to a Conditional Use Permit or in the M zone with a Site Plan Review. Auto uses shall comply with the following standards: 1. All auto repair and service shall be within a building or under a covered service area only. No auto repair shall be permitted in the open or in designated parking areas. 2. A minimum of seven percent (7 %) of the gross lot area shall consist of landscaping and a permanent irrigation system. 3. No damaged, wrecked or inoperable vehicles or any parts thereof shall be stored on -site except within an enclosed building, except vehicles that are being serviced on- sight. 4. A minimum of one (1) trash enclosure shall be provided with solid block walls on three (3) sides and a solid and sight- obscuring gate. Section 8. The first three rows of Table 65 -1 in Section 25.65.060, Number of Automobile Parking Spaces Required, shall be amended and shall read as follows: TABLE 65 -1 NUMBER OF AUTOMOBILE PARKING SPACES REQUIRED Use Required Number of Spaces Residential Uses Single - family, detached and attached, in the R -1 districts Single- family, duplex units And multiple - family units in the R -2 zone districts If the primary residence consists of 3 bedrooms or fewer, the primary residence shall have a 2 -car garage, which shall be at least 20 feet by 20 feet of interior space, and an additional delineated parking area. If the primary residence consists of 4 or more bedrooms, the primary residence shall have a 3 -car garage, which shall be at least 20 feet by 30 feet of interior space, and an additional delineated parking area. If there is more than one residence on a lot, that residence shall have a 2 -car garage. Carports may be approved in addition to the required garage(s), but in no way shall be used to replace the required garage. If a residence consists of 3 bedrooms or fewer, that residence shall have a 2 -car garage, which shall be at least 20 feet by 20 feet of interior space, and an additional delineated parking area. If a residence consists of 4 or more bedrooms, that residence shall have a 3 -car garage, Single - Family, duplex units multiple - family, condominiums, townhouses, and similar developments in the R -3 and which shall be at least 20 feet by 30 feet of interior space, and an additional delineated parking area. Carports may be approved in addition to the required garage(s), but in no way shall be used to replace the required garage. In addition, one guest space shall be provided for every two dwelling units, not including spaces on driveways, plus the following: 3 spaces for each on -site rental or sales office for development of 100 units or less, plus 1 additional space for each additional 100 units or fraction thereof. PRD zone districts If a residence consists of 3 bedrooms or fewer, that residence shall have a 2 -car garage, which shall be at least 20 feet by 20 feet of interior space, and an additional delineated parking area. If a residence consists of 4 or more bedrooms, that residence shall have a 3 -car garage, which shall be at least 20 feet by 30 feet of interior space, and an additional delineated parking area. Carports may be approved in addition to the required garage(s), but in no way shall be used to replace the required garage. In addition, one guest space shall be provided for every two dwelling units, not including spaces on driveways, plus the following: 3 spaces for each on -site rental or sales office for developments of 100 units or less, plus 1 additional space for each additional 100 units or fraction thereof. Section 9. Existing Section 25.70.030, Restricted Signs, shall be repealed in its entirety and a new section 25.70.030 shall be added to read as follows: 25.70.30 Restricted Signs. A. The following signs are restricted by Use Permits, Location Permits and Construction Permits: Use Permits Restrictions a. Off -site directional signs (two per business); b. Off -site temporary directional signs pertaining to subdivisions within the City; C. Murals; not used for advertising, subject to approval by the Planning Commission. d. Freestanding pylon signs; maximum 60 feet; and Freestanding monument signs; maximum 6 feet in commercial zones and maximum 8 feet in manufacturing zones; e. Letter height; 24" except logos. f. Banners: The purpose of this Subsection is to provide for the reasonable display of temporary banners for limited time periods. It is recognized that the limited display of temporary banners from time to time is necessary in order to provide for the legitimate promotion of business activities, special sales, civic announcements and other seasonal or special advertisements or information. 1. Permit Required. No temporary banner or sign shall be displayed unless a temporary banner permit has first been obtained from the Director of Development Services or his /her designee. 2. Number of Temporary Banners. An applicant may obtain a maximum amount of one temporary banner permit at any one time, per one location. An applicant may only obtain a maximum of two permits per calendar year, not including City Council approval for a special permit to place a banner(s) 3. Maximum Permit Duration. The maximum time period of any single temporary banner permit shall be sixty (60) days. Permits may be issued for time period durations less than sixty (60) days. 4. Display Criteria. The following temporary banner display criteria shall apply: a. All temporary banners shall be constructed of durable material that will not deteriorate during the time period in which the banner is displayed. Temporary banners which become frayed, torn, faded, or showing similar signs of fatigue or failure shall be deemed to be in violation of these provisions. b. All temporary banners shall be securely affixed to the face of the facade of the building housing the business where the business is located. Temporary banners shall not be affixed to fences, light poles, trees, roofs, extended over parking and /or landscaped areas or other similar techniques. No temporary banners shall be affixed on, within, or over any public right of way. c. Banners shall not exceed 32 feet in area and in no event shall a banner conceal more than 25% of the glass face or window of any building. g. Temporary window signs shall be affixed to the interior of the structure windows or glass faces and shall not exceed 25% of the glass face or window. Such window signs shall be maintained in good condition at all times. 2. Construction Permit Restrictions: a. All signs higher than six feet from the ground level to the top of the sign must have a Building Permit issued. (b) Retaining and Crib Walls The heights of any portion of wall or fence, which retains earth or water, except in the required front yard, shall be limited as follows. The height of the wall shall not include any guard rail or open fence (defined in section c.4, below) required by the Uniform Building Code or the City. (1) Walls Built on Slopes of Less Than 15 Percent - For walls constructed on slopes with a less than fifteen percent (15 %) grade, the fence and wall heights specified in subsection (a) above shall apply. (2) Alternative to Height Limit of Retaining Walls - Stepping of retaining walls is permitted subject to approval of a Planning Use Permit, as described in Chapter 25.150. Stepping is allowed, provided that the minimum horizontal distance between the top of the downslope retaining wall, fence, and /or landscaping, and the bottom of the up slope retaining wall, fence, and /or landscaping, shall be equal to the vertical height of the downslope retaining wall, fence, and /or landscaping. Approval shall be considered when the wall is landscaped and does not create conditions or situations that may be detrimental or incompatible with other permitted uses in the vicinity. Any guardrails required by the Building Official shall be open -type guardrails, and the rail shall be exempted from maximum required height measurements. Crib walls with a vertical slope of at least one -half to one ( %:1) are exempt from these stepping requirements. (c) Fences Within the -Front Yard Setback Area (1) The clear area requirements contained in Section 25.10.080 shall apply. (2) "Decorative" shall mean aesthetically significant in design and construction with a nondetracting color, and a compatible finish that is consistent with the main dwelling and adjacent properties, such as brick or concrete pilasters. (3) A column is the vertical supporting member located between fencing or which flanks a gate entrance. (4) A decorative column is a vertical supporting member with an aesthetically significant textured surface, including, but not limited to stucco, splitface, stone veneer, brick veneer, wood veneer, solid stone, solid brick, solid wood and glass block. (5) A cap is the horizontal surface atop a column. (6) Height: Decorative fences and decorative columns with caps located in the front yard area shall not exceed forty -eight inches (48 ") inches in height. (7) Fence Supports: No solid decorative walls located in the front yard shall be greater than twenty -four inches (24 ") in width and not spaced closer than eight feet (8') apart. (8) Fence Material. Notwithstanding section 3 above, fences may only consist of one of the following materials: a. wrought iron (black or white only) b. All signs with electrical components must have an Electrical Permit Issued. B. All signs listed in this section must be submitted to the City for review and approval per Section 25.70.040 below. Section 10. Existing Section 25.70.050, Prohibited Signs or Components, shall be amended to read as follows: 25.70.50 Prohibited Signs or Components A. No flashing sign shall be permitted in the Residential Districts. B. No flashing sign shall be permitted if the light emissions can be confused with a standard emergency light or traffic signal. C. Roof signs. D. Portable signs including -A- frames and sandwich boards. E. Signs in the public right -of -way. F. Painted wall signs. G. Inflatable signs, balloons or flags. Section 11. Existing Section 25.70.080, Sign Placement, shall be amended to add subsection (f) and shall read as follows: (f) Signs shall not be installed on trees, light poles, fences or landscaping features. Section 1.2. Existing section 25.80.030, Churches, shall be deleted in its entirety. Section 13. Existing Chapter 25.92, Conditional Grading Compliance, shall be amended throughout to change the department name from "Environmental Services" to "Public Works." Section 14. Existing Chapter 25.93, Erosion and Sediment Control, shall be amended throughout to change the department name from "Environmental Services" to "Public Works." Section 15. Existing Appendix A, Regulation of uses by Zoning Districts, shall consist of minor land use adjustments to be consistent with neighboring cities. Section 16. This ordinance shall take effect thirty (30) days after its final passage by the City Council. Section 17. The City Clerk of the City of Lynwood is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published or posted as required by law. Section 18. The City Clerk of the City of Lynwood is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published or posted as required by law. First read at a regular meeting of the City Council held on the 21st day of March , 2006 and adopted and ordered published at a regular meeting of said Council held on the 4-h day of Apr{ 1 , 2006. ATTEST: 0-a�'57/" wr��� ANDREA L. HOOPER, City Clerk City of Lynwood APPROVED AS TO FORM: 04, l_. n_° J. ARNOLDO BELTRAN, City Attorney City of Lynwood d LETICIA VASQUEZ, M City of Lynwood /N. N QU MARTI Z, City Manager City of Lynwood STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk for the City of Lynwood, do hereby certify that the foregoing Ordinance was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 4th day of Apri 1 , 2006. AYES: COUNCILMEN BYRD, JOHNSON, PEDROZA, SANTILLAN AND VASQUEZ NOES: NONE ABSTAIN:' NONE ABSENT: NONE ,/1 City Clerk, City of Lynwood STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No. 1572 on file in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 4th day of Apri 1 , 2006. City Clerk, City of Lynwood