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HomeMy Public PortalAboutOrd. 1573ORDINANCE NO. 1573 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADDING SECTION 2 -27 TO THE LYNWOOD MUNICIPAL CODE BY ESTABLISHING A DESIGN REVIEW BOARD WHEREAS, the City Council has determined that a Design Review Board is necessary to enhance the appearance of the City by encouraging attractive developments that protect property values and the general welfare of the community; and WHEREAS, the City Council has determined that the Design Review Board shall review and make recommendations to the Planning Commission for all discretionary applications and plans for new developments, new structures, and additions. WHEREAS, the City Council has determined that a Design Review Board will ensure that developments are harmonious, preserve and enhance the City of Lynwood's natural and built environments, improve the quality of developments, and ensure that developments are aesthetically pleasing; and WHEREAS, the City Council has determined that a Design Review Board is necessary to ensure consistency with the General Plan, Specific Plans and the Lynwood Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 2 -27 is hereby added to the Lynwood Municipal Code to read as follows: 2 -27 DESIGN REVIEW BOARD 2 -27.1 City Council Findings. The City Council of the City of Lynwood hereby finds that development in the City of Lynwood should be beneficial to the public health, safety and general welfare. The Design Review Board is necessary to ensure that the nature and appearance of land uses and developments will be compatible and harmonious with the use and enjoyment of surrounding properties and will not have a detrimental effect upon the historic, economic, social, and cultural well -being and development of the community. 2 -27.2 Design Review Board Purpose The purpose of the Board is to make advisory recommendations to the Planning Commission on discretionary zoning entitlements, which shall be considered in connection with the Planning Commission's hearing on such discretionary zoning entitlements. 2 -27.3 Design Review Board Established. The City of Lynwood, in recognizing the important role that the design of the physical environment has on the public health, safety, and general welfare of a community and its residents, does hereby establish a Design Review Board, referred to in this section as the "Board," which has the duties, responsibilities and powers set forth in this section. a. The Board shall be composed of five (5) members, wherein each Council member appoints one of the Board members, and appointment is approved by the majority of the membership of the City Council, and shall consist of the following: 1. At least one landscape architect 2. Lynwood business owner or operator 3. At least one state licensed architect 4. Lynwood resident 5. Lynwood resident who is enrolled in college, university, or vocational school. a community college, four -year b. The City Manager shall and the City Council members may provide to the City Council a list of prospective persons from which appointments can be made. The Planning Commission may provide recommendations to the City Council regarding selection of applicants. C. Board appointments shall be for four (4) years. Alternate terms shall coincide with the provisions of this subsection. Board members may be removed by at least a three -fifths (3/5) vote of the entire membership of the City Council at any time, with or without cause. d. Board members shall be residents of the City of Lynwood except when waived by at least a three -fifths (3/5) vote of the entire membership of the City Council. The City Council may waive the residency requirement only in the event that no resident is eligible or that the only eligible resident for a particular appointment category declines the appointment. e. Should a regular Board position become vacant for any reason, such vacancy shall be filled for the unexpired term of office, within thirty (30) days, by a qualified successor. Such appointment shall conform to the provisions of this subsection. f. If a member of the Board is absent from three (3) regular meetings without being excused by the Board or is absent for any reason for more than four (4) regular meetings during a twelve (12) month period, the office of such member shall be vacated and City staff shall immediately notify the City Council of the vacancy. Upon such notification, a successor for the remainder of the term of such member shall be appointed by at least a three -fifths (3/5) vote of the entire membership of the City Council. g. The Board shall adopt rules for the selection of its officers, including the selection of a Chairperson and Vice - Chairperson, the time and place of its meetings, and such other matters relative to its work and administration of its duties which are not otherwise provided for by statute, ordinance, or resolution of the Council. In no event, however, shall the Board meet fewer than once a month. The Board shall comply with the same rules and regulations for the conduct of its business as provided for in section 2 -1.5 of the Lynwood Municipal Code. h. The Development Services Director, or his or her designee, shall serve as secretary to the Board. The secretary of the Board shall not be a member of the Board. The secretary of the Board shall keep a record of its proceedings and the basis for all findings and recommendations, which shall be available to the public. i. The recommendation of approval or conditional approval of an application for design review shall be by a majority of the total Board membership; otherwise any such application shall be considered to be a recommendation of denial. j. The Board shall conduct meetings as necessary. All Board meetings shall be held in accordance with the Ralph M. Brown Act and shall be open to the public, except as provided by law. Special meetings may be called by the Chairperson of the Board or the majority of the Board. The regular meetings shall be held at: City Hall Council Chambers 11330 Bullis Road Lynwood, California 90262 k. Members of the Board shall be required to file annual statements of economic interest pursuant to the City's conflict of interest code. 2 -27.4 Exemptions from Design Review. The following development applications are exempt from this section: a. Any development application not requiring discretionary approval from the Planning Commission shall be exempt from the provisions of this section. b. Building permits required for the temporary emergency repair of any structure in any zone shall be exempt from the provisions of this section. 2 -27.5 Design Review Board Required Plans and Materials. The plans to be submitted for review under this section shall include those items listed below which are determined by the Director of Development Services to be necessary to be submitted to the Design Review Board: a. A site plan depicting: 1. The complete dimensions of the lot and site plans; 2. All existing and proposed buildings and structures; 3. All existing and proposed street dedications and improvements thereon, including the iocation and nature of all street improvements in the public right -of -way; 4. All easements; 5. The location of all utility services. b. Architectural drawings, renderings, or sketches showing all elevations of the proposed buildings and structures as they will appear upon completion and the texture and color of all construction materials to be used; C. All existing and proposed yards and spaces between buildings and structures; d. All existing and proposed walls, fences, and landscaping, including the location, height, area, color, nature, and type of design and material composition for the walls and fences; e. The location and design of the existing and proposed on -site circulation, including driveways, pedestrian circulation, number of off - street parking and loading spaces, entrances, and exits, and traffic flow into and out of off - street parking and loading areas; f. A landscape plan showing the location of the trees and shrubs (proposed to be removed, retained, or installed), the amount, height, type, and location of landscaped areas, planting beds, and plant materials, and provisions for irrigation; g. All existing and proposed loading, including the location, area dimensions, number of loading spaces, and the internal vehicular traffic circulation on the site for loading vehicles; h. All existing and proposed lighting, including the location and general nature of both off -site and on -site lighting, the proposed intensity thereof, and the diffusion thereof; i. All existing and proposed outdoor and indoor storage activities including, but not limited to, the nature of such storage, its location, and the proposed height and type of screening for such storage, including the design, color, and material composition thereof; j. The exterior lighting plan showing the location, materials, and colors of the illumination; k. Grading plans, including proposed drainage plans; and I. Such other drawings or additional information necessary to adequately consider the drawings set forth in this section and determine compliance with the purpose and intent of the design review process. 2 -27.6 Design Review Board Procedures. a. Development Services Department Duties. The development Services Department shall have the following duties for design review: 1. Prior to, or in conjunction with applying for any discretionary zoning entitlement to ultimately be heard before the Planning Commission, require the applicant to do the following: a. Submit the original application for Design Review to the Director of Development Services; and b. Submit 10 duplicate copies of the application to be submitted to the Board; and C. Submit a filing fee as determined by resolution of the City Council. 2. The Director of Development Services shall notify the applicant and property owner of the subject property of the date, time, and place of the Design Review Board meeting at which its application shall be considered. Such date shall be within (forty-five) 45 calendar days after the date of notification of said meeting. b. Design Review Board Duties. The Design Review Board shall have the following duties for design review: 1. The Design Review Board shall be responsible for reviewing all plans and drawings accompanying a request for a discretionary zoning entitlement the provisions of this section and shall make a recommendation to the Planning Commission to either approve, deny, or conditionally approve such request. 2. All plans and drawings required by this section shall meet the criteria of this section. Conditions may be recommended when the proposed improvements do not comply with the applicable design standards or criteria and shall be proposed to bring such improvements into conformity. 3. The Design Review Board may continue its review from time to time, to a time and date certain. 4. Recommendations and Findings: The recommendation of the Design Review Board and the findings in support of said recommendation shall be in the form of a written recommendation and shall be served on the applicant either personally or by certified United States mail, return receipt requested, within ten (10) business days after the recommendation is rendered. 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. The decision shall include notification of the time and date of the public hearing before the Planning Commission. C. Planning Commission Duties. The Planning Commission shall have the following duties for design review: 1. Within forty-five (45) days after the mailing of the notification of the time and date of the public hearing, the Director of Development services shall present to the Planning Commission the original application and plans, including any amendment(s) thereto, and copies of all other papers constituting the record upon which the recommendation of the Design Review Board was taken, including, but not limited to, the minutes of all meetings thereon, and shall submit to the Commission a written report, prepared from the record upon which the Board recommendation was made, stating the factual basis on which the Board found and determined that the application met or failed to meet the criteria and requirements of this section and other appropriate sections of this section. 2. After such review and hearing, the Planning Commission may take into account the recommendation from the Design Review Board and either, by a majority vote of the entire body, accept the recommendation, deny the recommendation, or modify in whole or in part any proposed condition, requirement, or suggestion made by the Board. d. Appeals to the City Council. The Planning Commission determination shall be final, unless appealed to the City Council or its designated hearing officer, in accordance with the Lynwood Municipal Code. 2 -27 -7 Design Review Board Shall Base Its Recommendations on Findings For every application for design review, the Design Review Board shall base its recommendations to the Planning Commission on the following findings: a. That the proposed development plans and design features will integrate harmoniously with, and enhance the character and design of both the immediate neighborhood and the surrounding areas of the City. b. That the plan and design will stabilize and protect property values from substantial depreciation. C. That the plan and design will enhance the desirability and enjoyment of the immediate neighborhood. d. That the plan and design will improve community appearances by preventing extremes of dissimilarity or monotony in new construction or in alterations of facilities. e. That the plan and design of the buildings, parking areas, signs, landscaping, lighting, and other site features indicate that consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual impacts of the development from the view of the public streets. f. That the plan and design shall tend to enhance property values and appearance in the immediate neighborhood and surrounding areas with an accompanying betterment of conditions affecting the public health, safety, and welfare. 2 -27.8 Design Review Board Factors and Considerations For every application for design review, the Design Review Board shall consider the following factors in applying criteria when making findings with respect to site plan and design review: a. The height, bulk, and other design features of all structures should be in proportion to the building site with a balance and unity among external features so as to present a harmonious appearance. b. The design of structures and grounds should contribute to the physical character of the community while maintaining a harmonious relationship with the existing and proposed adjoining development. C. The layout, orientation, and location of structures and their relationship to one another and to open spaces, parking areas, pedestrian walks, signs, illumination, and landscaping should be interrelated and arranged as to achieve a safe, efficient, and harmonious development. d. Each building shall reflect due consideration of a total design concept which shall be an integral part of the design treatment and architectural detail accomplished in a professional manner consistent with good design practices. e. The grading and development of sites should be accomplished with due regard for the qualities of the natural terrain and landscape, trees, shrubs, and other natural features should not be indiscriminately destroyed. f. The location and type of landscape plantings should consider the following: 1. Landscaping should separating or screening storage, parking, and service areas from the street and adjoining buildings sites. 2. Landscaping should break up large expanses of paved areas. 3. Landscaping should separate building areas from paved areas. g. The design, size, lighting, placement, and character of signs should be appropriately related to the structures and grounds and be in harmony with the general development of the site and the surrounding neighborhood. h. The mechanical equipment or machinery, trash, and other exterior service areas necessary to serve the structure should be concealed or treated in a manner which is in harmony with the design of the structures and grounds. i. When a site subject to design review is within or adjacent to a residential zone, the proposed improvements to such site should show consideration for the R -zoned district and not impinge upon the character or value of the residential area. 2 -27.9 Administration of Approved Plans: If there is substantial change from the original design plans, the matter or plans shall be resubmitted to the Design Review Board, subject to all of the provisions of this section, as if it were a new design review. 2 -27.10 Other City Duties: Nothing in this section is intended to restrict the powers and duties otherwise pertaining to any City body, agency, commission, or staff. 2 -27.11 Further Rules and Regulations: The City Council reserves the right to adopt by resolution additional rules and regulations which shall become effective immediately upon adoption, governing the implementation of the specific procedures of this chapter. SECTION 2. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, phrase, or portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 3. This ordinance shall take effect thirty (30) days after its final passage by the City Council. SECTION 4. 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 4th day of April , 2006. ATTEST: g'4' 'I /' ANDREA L. HOOPER, City Clerk City of Lynwood ICIA VASQUEZ, May City of Lynwood . 4xt'fl- ENUE�MA'RTIN'g ,C ity Manager City of Lynwood APPROVED AS TO FORM: AR, NOLDO BELTRAN, City Attorney City of Lynwood I 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 05 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. _ 1573 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. - /- yz1�zt— � City Clerk, City of Lynwood