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repealed in its entirety and a new section 25.10.70 shall be added to the Lynwood Municipal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 Existing Section 25.10.120, Fences, Walls, and Hedges, is repealed in its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