Loading...
HomeMy Public PortalAboutOrd. 1107µ ~. ~ ~ ORDINANCE NO. 1107 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD REPEALING ARTICLE II OF CHAPTER 25 OF THE LYNWOOD CITY CODE AND SECTIONS 3.06, 16.00 THROUGH 16.56, INCLUSIVE, 17.00, AND 16.00 THROUGH 18.03, INCLUSIVE, OF ORDINANCE N0. 570, THE ZONING ORDINANCE OF THE CITY OF LYNWOOD, AS AMENDED, AND ADDING ARTICLES I AND II TO CHAPTER 25 OF THE LYNWOOD CITY CODE PERTAINING TO THE PLANNING COMMISSION AND THE ADMINISTRA- TION OF THE CITY ZONING ORDINANCE The City Council of the City of Lynwood HEREBY DOES ORDAIN as follows: SECTION 1. Article II of Chapter 25 of the Code of the City of Lynwood and Sections 3.06, 16.00 through 16.56, inclu- sive, 17.00, and 18.00 through 18.03, inclusive, of Ordinance No. 570, the Zoning Ordinance of the City of Lynwood, as amended, hereby are repealed in their entirety. SECTION 2. Article I (commencing with Section 25-1) here- by is added to Chapter 25 of the Code of the City of Lynwood to read as follows: Article I - PLANNING COMMISSION Sec. 25-1. Created. There is hereby created a planning commission for the city. Sec. 25-2. Composition and Appointment of Members. The planning commission shall consist of seven (7) members who shall be appointed by the city council. Sec. 25-3. Members to be Residents of City. Members of the planning commission shall be residents of the city; and any member of the planning commission shall automatically be deemed to have resigned from the commission, and his or her office as a member thereof shall be automatically vacated, upon such member's having ceased to be a resident of the city. Sec. 25-4. Terms of Office. The term of office for a planning commissioner shall be four (4) years. Sec. 25-5. Notification of Unexcused Absences. The chair- man of the planning commission shall forthwith notify the city council when any member is absent without having been excused therefrom by the commission, for three (3) consecu- tive regular meetings of the commission. Sec. 25-6. Removal of Members. Any member of the planning commission may be removed by the mayor, with the concur- rence of the city council, without cause. Sec. 25-7. Filling Vacancies. If a vacancy shall occur on the planning commission, other than by the expiration of a term, it shall be filled by appointment of the city council for the unexpired portion of the term. Sec. 25-8. Compensation of Members. Members of the plan- ning commission shall serve with such compensation as the city council may from time to time provide, and they may be reimbursed for actual and necessary expenses incurred in connection with the official business of the commission to the extent authorized by the city council. Sec. 25-9. Organization. The planning commission shall select from its members a chairman and a vice chairman, each of whom shall serve for a term of one (1) year. Sec. 25-10. Meetings - Time and Place. The planning com- mission shall meet regularly at least once each month at a time and place fixed by resolution and shall hold such other meetings as shall from time to time be called in the manner and form required by law. Sec. 25-11. Powers and Duties. The planning commission shall have the following powers and duties: (a) To recommend to the proper officers of the city plans for the regulation of the future growth and development and beautification of the city with re- spect to its public buildings, works, streets, grounds, and vacant lots. (b) To recommend to any public authorities or any corporations or individuals of the city with re- spect to the location of any proposed buildings, structures or works. (c) To recommend to the proper officers of the city the approval or disapproval of maps or plats of subdivisions of land. (d) To do such other things as shall be neces- sary to carry out the provisions of this chapter and to undertake the study for, preparation and recommen- dation of a general plan and amendments thereto. SECTION 3. Article II (commencing with Section 25-21) hereby is added to Chapter 25 of the Code of the City of Lynwood to read as follows: ARTICLE II. ADMINISTRATION Sec. 25-21 Determination as to Uses Not Listed. Sec. 25-21.1 Purpose and Initiation. In order to ensure that the zoning regulations will permit all similar uses in each zone, the Planning Commission, upon its own initiative or upon written request, shall determine whether a use not specifically listed as a permitted or conditional use in any zone shall be deemed a permitted use or a conditional use in any one or more zones on the basis of similarity to uses specifically listed. The procedures of this section shall not be substituted for the amendment procedure as a means of adding new uses to the list of permitted or condi- tional uses. -2- Sec. 25-21.2 Application. Application for determination of similar uses shall be made in writing to the planning director and shall include a detailed description of the proposed use and such other information as may be required by the planning director to facilitate the determination. Sec. 25-21.3 Investigation and Re ort. The planning director shall make such investigations of the application as necessary to compare the nature and characteristics of the proposed use with those uses specifically listed and shall make a report of his findings to the planning commis- sion. Sec. 25-21.4 Determination. The planning commission shall consider the report of the planning director and shall ren- der its decision, which decision shall be final unless ap- pealed to the city council within fifteen (15) days there- after. Sec. 25-22 Conditional Uses Sec. 25-22.1 Purposes. In order to give the use regula- tions the flexibility necessary to achieve the objectives of this chapter, in certain zones conditional uses are per- mitted, subject to the granting of a conditional use per- mit. Because of their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the zoning regulations and with respect to their effects on surrounding properties. In order to achieve these pur- poses, the planning commission is empowered to grant and to deny applications for use permits for such conditional uses in such zones as are prescribed in the zone regulations and to impose reasonable conditions upon the granting of condi- tional use permit. Sec. 25-22.2 Application: Data and Maps to be Furnished. Application for a conditional use permit (CUP) shall be filed with the planning director on a form prescribed by the planning director and shall include the following data and maps: A. Name and address of the applicant. B. Statement that the applicant is either (a) the plain- tiff in any action in eminent domain to acquire the property or (b) the owner of or (c) the authorized agent of the owner of the property on which the use is proposed to be located. C. Notarized signature of owner(s) of record of property for which CUP is requested. Signature(s) will be for agreement to and knowledge of the requested CUP. D. Address and legal description of the property. E. Statement indicating the precise manner of compliance with each of the applicable provisions of this Chap- ter, together with any other data pertinant to the findings prerequisite to the granting of a use permit, prescribed in Section 25-22.7. -3- F. A list of all owners of property located within three- hundred feet (300) of the exterior boundaries of the subject property; the list shall be keyed to a map showing the location of these properties. G. Plot plans and elevations, fully dimensioned, indica- ting the type and location of all buildings and struc- tures, parking and landscape areas and signs. Eleva- tion plans shall be of sufficient detail to indicate the type and color materials to be employed and methods of illumination for signs. Screening, land- scape and irrigation plans shall be included in the plans. Sec. 25-22.3 Fee. The application shall be accompanied by a fee established by resolution of the city council to cover the cost of handling the application as prescribed in this section. Sec. 25-22.4 Public Hearing. The planning commission shall hold at least one public hearing on each application for a conditional use permit. The hearing shall be set and notice given as prescribed in Section 25-25 (Public Hearing Time and Notice). At the public hearing, the commission shall review the application and drawings submitted there- with and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in Section 25-22.7. Sec. 25-22.5 Investigation and Report. The planning director shall make an investigation of the application and shall prepare a report thereon which shall be submitted to the planning commission and made available to the applicant prior to the public hearing. Sec. 25-22.6 Action of the Planning Commission. Not later than its next regular meeting following the closing of the public hearing on a conditional use permit application, the planning commission shall act on the application. The com- mission may grant by resolution a conditional use permit as the permit was applied for or in a modified form, or the application may be denied. A conditional use permit may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the payment of drainage fees, requiring special yards, open spaces, buf- fers, fences, and walls; requiring installation and main- tenance of landscaping; requiring street dedications and improvements; regulation of points of vehicular ingress and egress; regulation of traffic circulation; regulation of signs; regulation of hours of operation and methods of operation; control of potential nuisances; prescribing standards for maintenance of buildings and grounds; pre- scription of development schedules and development stan- dards; and such other conditions as the commission may deem necessary to insure compatibility of the use with surround- ing developments and uses and to preserve the public health, safety and welfare. A conditional use permit may grant variances to the regulations prescribed by this Chapter for fences, walls, hedges, screening, and landscap- ing; site area, width and depth; front, rear, and side- yards; coverage; height of structures; distances between -4- structures; usuable open space, signs; off-street parking facilities, or frontage on a public street for which variance procedures are prescribed by Section 25-23 (Variances). Sec. 25-22.7 Findings. The planning commission shall make the following findings before granting a conditional use permit. A. The granting of the proposed conditional use permit will not adversely affect the comprehensive General Plan. B. That the proposed location of the conditional use is in accord with the objectives of this Chapter and the purpose of the zone in which the site is located. C. That the proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. D. That the proposed conditional use will comply with each of the applicable provisions of this Chapter, except for approved variances. Sec. 25-22.8 Effective Date of the Use Permit. The deci- sion of the planning commission shall be final fifteen (15) days from the date thereof and upon receipt by the planning department of a signed agreement to the conditions of ap- proval, unless appealed to the city council within fifteen (15) days from the date of the decision. Sec. 25-22.9 Lapse of Conditional Use Permit. A. A conditional use permit shall lapse and shall become void one year following the date on which the conditional use permit became effective, unless prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursuant toward completion on the site which was the subject of the permit application, or a certificate of occupancy is issued for the structure which was the subject of the permit application, or the site is occupied if no building permit or certificate of occupancy is required, provided that a conditional use per- mit for a public utility installation may be valid for a longer period if specified by the planning commission. B. A conditional use permit subject to lapse may be re- newed for an additional period of one year, provided that prior to the expiration date, an application for renewal of the use permit is filed with the planning commission. C. The planning commission may grant or deny an applica- tion for renewal of a conditional use permit subject to the modification of existing conditions of approval and/or the additions of new conditions of approval. D. A conditional use permit shall lapse and shall become void six months after the use permitted thereby has ceased to be actively exercised. -5- Sec. 25-22.10 Pre-existing Conditional Use. A. A conditional use legally established prior to the effective date of this Ordinance or prior to the effective date of subsequent amendments to the regulations or zone boundaries, shall be permitted to continue, provided that it is operated and maintained in accordance with the condi- tions prescribed at the time of its establishment, if any. B. Alteration or expansion of a pre-existing conditional use shall be permitted only upon the granting of a use per- mit as prescribed in this section, provided that altera- tions not exceeding $2,500.00 in value as determined by the Planning Director and the Building Inspector shall be per- mitted without granting a conditional use permit. C. A conditional use permit shall be required for the reconstruction of a structure housing a pre-existing condi- tional use if the structure is destroyed by fire or other calamity, by act of God, or by the public enemy to a greater extent than fifty percent (50$). The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it shall be reviewed and approved by the City Engineer, Planning Director, and Building Inspector and shall be based on the minimum cost of construction in compliane with the Building Code. Sec. 25-22.11 Modification of Conditional Use. Sections 25-22.2 through 25-22.9 shall apply to an application for modification, expansion, or other change in a conditional use, provided that minor revisions or modifications may be approved by the Planning Director if he determines that the changes would not affect the findings prescribed in Section 25-22.7 (Findings). Sec. 25-22.12 Suspension and Revocation. Upon violation of any applicable provision of this Chapter, or, if granted subject to conditions, upon failure to comply with condi- tions, a conditional use permit shall be suspended auto- matically. The planning commission shall hold a public hearing within forty (40) days, in accordance with the pro- cedure prescribed in Section 25-22.4 (Public Hearing), and if not satisfied that the regulation, general provision, or condition is being complied with, may revoke the condi- tional use permit or take such action as may be necessary to ensure compliance with the regulation, general provi- sions, or condition. The decision of the planning commission shall be final unless appealed to the city council within fifteen (15) days from the date thereof. Sec. 25-22.13 New Applications. Following the denial of a conditional use permit application or the revocation of a conditional use permit, no application for a conditional use permit for the same or substantially the same use on the same or substantially the same site shall be filed within one year from'the date of denial or revocation of the conditional use permit unless specifically permitted by the commission. -6- Sec. 25-22.14 Conditional Use Permit to Run with the Land. A conditional use permit granted pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the condi- tional use permit application. Sec. 25-22.15 Conditional Use Permit and Change of Zone Filed Concurrently. Application for a conditional use per- mit may be made at the same time as application for a change in zone including the same property, in which case the planning commission shall hold the public hearings on the two applications at the same regular or adjourned meet- ing. For the purposes of this section, the date of the planning commission decision granting the conditional use permit application shall be deemed to be the same as the effective date of the ordinance adopted by the city council granting the zone change. Sec. 25-23 Variances Sec. 25-23.1 Purposes and Authorization. A. Variances from the terms of this Chapter shall be granted oniY when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict ap- plication of this Chapter deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any var- iance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other prop- erties in the vicinity and zone in which such property is situated. B. The power to grant variances does not extend to use regulations. C. The planning commission may grant variances to the regulations prescribed by this Chapter, in accordance with the procedure prescribed in this section, with respect to fences, walls, hedges, screening, and land- scaping; site area, width, and depth; front, rear, and side yards; coverage; height of structures; distances between structures; usable open space; signs; off- street parking facilities; or frontage on a public street. Sec. 25.23.2 Application: Data and Maps to be Fur- nished. Application for a variance shall be filed with the planning director on a form prescribed by the planning director and shall include the following data and maps. A. Name and address of the applicant. B. Statement that the applicant is either (a) the plain- tiff in any action in eminent domain to acquire the property or (b) the owner of or (c) the authorized agent of the owner of the property on which the var- iance is being requested. -7- C. Address and legal description of the property. D. Statement of the precise nature of the variance re- quested and the practical difficulty or unnecessary physical hardship inconsistent with the objectives of the zoning regulations that would result from a strict or literal interpretation and enforcement of the spec- ified regulations, together with any other data per- tinent to the findings prerequisite to the granting of a variance, prescribed in Section 25-23.7 (Findings). E. An accurate scale drawing of the site and any adjacent property affected, showing, when pertinent, the con- tours at intervals of not more than six inches, and all existing and proposed locations of streets, prop- erty lines, uses, structures, driveways, pedestrian walks, off-street parking facilities, and landscaped area. F. A list of all owners of property located within three- hundred feet (300') of the exterior boundaries of the subject property; the list shall be keyed to a map showing the location of these properties. G. The planning director may require additional informa- tion or plans, if they are necessary to enable a de- termination as to whether the circumstances prescribed for the granting of a variance exist. The planning director may authorize omission of any or all of the plans and drawings required by this Section if they are not necessary. Sec. 25-23.3 Fees. The application shall be accompanied by a fee established by resolution of the city council to cover the cost of handling the application as prescribed in this Section. A single application may include requests for variances from more than one regulation applicable to the same site, or for similar variances on two or more ad- jacent sites with similar characteristics. Sec. 25-23.4 Public Hearing. The planning commission shall hold a public hearing on an application for a var- iance. The hearing shall be set and notice given as pre- scribed in Section 25-25 (Public Hearing Time and Notice). At the public hearing, the planning commission shall review the application, statements, and drawings submitted there- with and shall receive pertinent evidence concerning the variance, particularly with respect to the findings pre- scribed in Section 25-23.7 (Findings). Sec. 25-23.5 Investigation and Report. The planning director shall make an investigation of each application that is the subject of a public hearing and shall prepare a report thereon which shall be submitted to the planning commission and made available to the applicant prior to the public hearing. Sec. 25-23.6 Action of the Planning Commission. Not later than its next regular meeting following the close of the public nearing on a variance application, the planning commission shall act on the application. The commission may grant by resolution a variance as the variance was applied for or in modified form, or the application may be -8- denied. A variance may be revocable, may be granted for a limited time period, or may be granted subject to condi- tions as the commission may prescribed. Sec. 25-23.7 Findings. The planning commission may grant a variance only if, on the basis of the application and the evidence submitted, the commission makes findings of fact that establish that the circumstances prescribed in para- graphs A, B, C, D and E below do apply. A. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship incon- sistent with the objectives of this Chapter. B. That there are exceptional or extraordinary circum- stances or conditions applicable to the property in- volved which do not apply generally to other prop- erties in the same zone. C. That strict or literal interpretation and enforcement of the specified regulation would deprive the appli- cant of privileges enjoyed by the owners of other properties in the same zone. D. That the granting of the variance as conditioned will not constitute the granting of a special privilege inconsistent with the limitations on other properties in the vicinity classified in the same zone. E. That the granting of the variance will not be detri- mental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. F. That the granting of the variance will not adversly affect the orderly development of the city. Sec. 25-23.8 Signs: Additional Findings. The planning commission may grant a variance to a regulation prescribed by this Chapter with respect to signs as the variance was applied for or in modified form, if, on the basis of the application and the evidence submitted, the commission makes findings of fact that establish that the circum- stances prescribed in Section 25-23.7 (Findings) apply and the following circumstances also apply. A. That the granting of the variance will not detract from the attractiveness or orderliness of the city's appearance or the surrounding neighborhood. B. That the granting of the variance will not create a hazard to public safety. Sec. 25-23.8 Parking: Additional Findings. The planning commission may grant a variance to a regulation prescribed by this Chapter with respect to off-street parking facil- ities as the variance was applied for or in modified form if, on the basis of the application and the evidence sub- mitted, the commission makes findings of fact that estab- lish that the circumstances prescribed in Section 25-23.7 apply and the following circumstances also apply: -9- A. That neither present nor anticipated future traffic volumes generated by the use of the site or uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the speci- fied regulation. B. That the granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets. C. That the granting of the variance will not create a safety hazard or any other condition inconsistent with the objectives of this Chapter. Sec. 25-23.9 Effective Date of Variance. A decision of the planning commission on a variance shall be final fif- teen (15) days from the date thereof and upon receipt by the planning department of a signed agreement to the condi- tions of approval, unless appealed to the city council within fifteen (15) days after the date of the decision. Sec. 25-23.10 Lapse of Variance. A. A variance shall lapse and shall become void one year following the date on which the variance became effective unless prior to the expiration of one year, a building per- mit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the variance application, or a permit is issued author- izing occupancy of the site or structure which was the sub- ject of the variance application, or the site is occupied if no building permit or certificate of occupancy is re- quired. B. A variance may be renewed for an additional period of one year provided that prior to the expiration of one year from the date when the variance or the renewal became effective, an application for renewal of the variance is filed with the planning director. C. The planning commission may grant or deny an applica- tion for renewal of a variance subject to the modification of existing conditions and/or the addition of new condi- tions of approval. Sec. 25-23.12 Revocation. A variance subject to condi- tions shall be revoked by the planning commission if after a noticed public hearing the commission determines that the applicant has not complied with the conditions. The deci- sion of the commission shall be final unless appealed to the city council within fifteen (15) days from the date thereof. Sec. 25-23.13 New Application. Following the denial or revocation of a variance application, no application for the same or substantially the same variance on the same or substantially the same site shall be filed within one year of the date of denial or revocation of the variance unless specifically permitted by the commission. -10- Sec. 25-23.14 Variance Related to Plans Submitted. Unless otherwise specified at the time a variance is granted, it shall apply only to the plans and drawings submitted as part of the application. Sec. 25-24 Amendmen Sec. 25-24.1 Purpose. The zoning map and zoning regula- tions may be amended by changing the zoning designation of any property or by changing any zone regulation or any other provision of this Chapter in accord with the proce- dure prescribed in this Section. Any other amendment to this Chapter may be adopted in the manner in nick other ordinances are adopted. Sec. 25-24.2 Initiation. A. A change of zoning designation may be initiated by the owner or the authorized agent of the owner of the property by filing an application for a change in zone boundaries as prescribed in this Section. If the property for which a change of zone is proposed is in more than one ownership, all the owners or their authorized agents shall join in filing the application. B. A change of zoning designation or change in the regu- lations may be initiated by the council, the planning commission, or the city manager, provided that the final decision for a zone change must be by ordinance. Sec. 25-24.3 Application: Data and Maps to be Fur- nished. A property owner proposing to change the zone in which his property is located, or his authorized agent, may file with the planning director an application for a change in zone on a form prescribed by the planning director and shall include the following data: A. Name and address of the applicant. B. Statement that the applicant is either (a) the plain- tiff in any action in eminent domain to acquire the property or (b) the owner of or (c) the authorized agent of the owner of the property for which the change of zone is proposed. C. Address and legal description of the property. D. An accurate scale drawing of the site and the sur- rounding area showing existing streets and property lines for a distance determined by the planning direc- tor to be necessary to illustrate the relationship to and impact on the surrounding area. E. The planning director may require additional informa- tion or maps if they are necessary to enable the plan- ning commission to determine whether the change is consistent with the objectives of this Chapter. The planning director may authorize omission of the map required by this Section if it is not necessary. -11- F. A list of all owners of properties located within 300 feet of the exterior boundaries of the subject prop- erty; the list shall be keyed to a map showing the location of these properties. Sec. 25-24.4 Fee. The application shall be accompanied by a fee established by resolution of the city council to cover the cost of processing the application as prescribed in this Section. Sec. 25-24.5 Public Hearing. The planning commission shall hold at least one public hearing on each application for a change in zone or for a change of the zoning regula- tions. The hearing shall be set and notice given as pre- scribed in Section 25-25 (Public Hearing Time and Not ce). Sec. 25-24.6 Investigation and Report. The planning director shall make an investigation of the application or proposal and shall prepare a report thereon which shall be submitted to the planning commission and to the applicant prior to the public hearing. Sec. 25-24.7 Public Hearing Procedure. At the public hearing, the planning commission shall review the applica- tion or the proposal and may receive pertinent evidence as to why or how the proposed change is consistent with the objectives of the general plan and the development policies of the city. Sec. 25-24.8 Action by the Planning Commission and City Council. A. No later than its next regular meeting following the closing of the public hearing, the planning commission shall make a specific finding as to whether the change is consistent with the objectives of the general plan and the development policies of the city shall eitner deny the ap- plication or proposal or recommend its approval, or appro- val as modified, to the city council. The decision of the commission denying the application or proposal shall be final unless appealed to the city council within fifteen (15) days thereafter. B. The city council shall hold at least one public hear- ing on an application or a proposal within forty (40) days after receipt of the resolution or report of the planning commission, provided that no hearing shall be held on an application or proposal which has been denied by the plan- ning commission unless an appeal is filed as prescribed in Section 25-26 (Appeals). The hearing shall be set and notice given as prescribed in Section 25-25 (Public Hearing Time and Notice). Within twenty-one (21) days following the closing of a public hearing, the council shall make a specific finding as to whether the change is consistent with the objectives of the general plan and the development policies of the city. If the council finds that the change is consistent, it shall introduce an ordinance amending the zoning map or zoning regulations, whichever is appro- priate. If the council finds that the change is not con- sistent, it shall deny the application or reject the propo- sal. The council shall not modify a decision of the plan- ning commission recommending granting of an application or -12- adoption of a proposal until it has requested and con- sidered a report of the commission on the modification. Failure of the commission to report within thirty (30) days after receipt of the council request shall be deemed con- currence. Sec. 25-24.9 New Application. Following the denial of an application for a change in zone boundaries or a change in the zoning regulations, an application or request for the same or substantially the same change shall not be filed within one year of the date of denial unless specifically permitted by the commission. Sec. 25-24.10 Change of Zoning Map. A change of zone shall be indicated by listing on the zoning map the number of the ordinance amending the map. Sec. 25-25 Public Hearing Time and Notice. The plan- ning director shall set the time and place of public hear- ings required by this Chapter, to be held by the planning commission, provided that the planning commission or city council, as the case may be, may change the time or place of a hear- ing. However, the planning commission shall hold a public hearing within forty (40) days after a completed applica- tion for an amendment, conditional use permit, or variance has been filed accompanied by the required fee. Notice of a public hearing shall be given not less than ten (10) days nor more than thirty (30) days prior to the date of the hearing by publication in a newspaper of general circulation published in the city. When the hearing con- cerns a matter other than an amendment to the text of this Chapter, notices of public hearings shall be mailed to all persons whose names appear on the latest adopted tax roll of Los Angeles County as owning property within three- hundred feet (300') of the exterior boundaries of the prop- erty that is the subject of the hearing. Sec. 25-26 Appeals. Sec. 25-26.1 Appeal of Decision of Planning Commission. Where this Chapter provides for appeal to the city council of a decision of the planning commission, the appeal shall be made within fifteen (15) days of the date of the deci- sion by filing a letter of appeal with the planking direc- tor. The appeal shall state in writing the reasons for the appeal. Within fifteen (15) days of receipt of the appeal, the planning director shall transmit to the city clerk the letter of appeal, and copies of the application and all other papers and documents constituting the record upon which the planning commission made its decision. Sec. 25-26.2 Fee. An appeal shall be accompanied by a fee established by resolution of the city council to cover the cost of processing the appeal; provided, however, that no fee shall be required for an appeal filed by a member of the city council. Sec. 25-26.3 City Council Action on Appeal. The city council shall hold at least one public hearing on a deci- sion of the planning commission which has been appealed. The hearing shall be held within forty (40) days from the -13- filing of the letter of appeal accompanied by the required fee; and the time and place of the hearing shall be set by notice given as prescribed in Section 25-25. The city council shall render a decision on an appeal within twenty- one (21) days following the closing of the public hearing on the appeal. Failure of the city council to act within the time period prescribed by this section shall be deemed approval of the planning commission action. The council may affirm, reverse or modify a decision of the planning commission. The decision of the city council shall be final. Sec. 25-27 Adjustments Sec. 25-27.1 Purpose and Authority. The purpose of this Section is to grant authority to the planning director to take action on request for minor modifications or adjust- ments to certain requirements of this Chapter when such requests constitute a reasonable use of property not per- missible under a strict literal interpretation of the regu- lations. For the purpose of administering this Section, an adjust- ment is any deviation to the term s or requirements of this Chap ter which, if granted, would allow the following: A. A decrease of not more than ten percent (10$) of the required building site area, width or depth. B. A decrease of not more than twenty percent (20$) of the required width of a side yard or the yard between buildings. C. A decrease of not more than twenty percent (20$) of the required rear yard. D. An ncrease of not more than two (2) feet in the per- mitted height of a fence or wall, subject to the re- view and conditions of the c ity engineer. E. An increase of not more than ten percent (10$) of the permitted projection of steps, stairways, landings, eaves, overhangs, masonry chimneys, and fireplaces into a required front, rear, side or yard between buildings. F. An increase of not more than ten percent (10$) of the permitted height or area of signs. G. A decrease in the number of required parking spaces of not more than ten percent (10$). H. An increase of not more than ten percent (10$) in the maximum allowable lot coverage. i. An increase of not more than ten percent (10$) in the permitted height of buildings. -14- ?. A decrease in the required rear yard setback to a minimum of ten feet (10') on subdivided lots in the R-1 and R-2 zones with pre-existing substandard lot depth or lot area, or both; providing that conformance with all of the land use regulations (parking, set- backs, etc.) is maintained. Sec. 25-27.2 Application: Data and Maps to be Fur- nished. Application for an adjustment shall be filed with the planning director on a form prescribed by the planning director and shall include the following data and maps: A. Name and address of the applicant. B. Statement that the applicant is either (a) the plain- tiff in any action in eminent domain to acquire the property or (b) the owner of or (c) the authorized agent of the owner of the property on which the Ad- justment is being requested. C. Address and legal description of the property. D. Statement of the precise nature of the adjustment. E. An accurate scale drawing of the site and any adjacent property affected, showing all existing and proposed property lines, locations of structures, parking areas, driveways, other improvements or facilities and landscaped areas. F. Other plans, drawings, or information which the plan- ning director deems necessary to enable proper con- sideration of the application. Sec. 25-27.3 Fees. The application shall be accompanied by a fee established by resolution of the city council to cover the cost of handling the application as prescribed in this Section. A single application may include requests for adjustments from more than one regulation applicable to the same site, or for similar adjustments on one or more adja- cent sites having the same characteristics. Sec. 25-27.4 Public Meeting: Action by Planning Direc- tor. The planning director shall hold a public meeting on an application for an adjustment. At the public meeting, the director shall review the application, statements and drawings submitted, and the results of his own investiga- tion of the property involved and surrounding area and con- ditions. At the public meeting, the director shall act on the application and may approve the application as submit- ted or in modified form, or the application may be denied. An adjustment may be granted subject to such conditions as the planning director may prescribe. Sec. 25-27.5 Public Meeting: Definition, Time, Place. "Public meeting" shall mean a conference among proponent, planning director, and other persons concerned with an ad- justment application. Such meetings shall be held at such time as needed and shall take place at the public counter of the planning department. -15- Sec. 25-27.6 Findings. In granting an adjustment, the planning director shall make findings of fact that estab- lish that the circumstances necessary for granting a var- iance by the planning commission as prescribed in Section 25-23.7 (Findings) do apply. Sec. 25-27.7 Decision of an Adjustment by Planning Direc- tor. If the planning director denies an application for an adjustment, or if the applicant disagrees with the condi- tions imposed on the granting of an adjustment, if any, the applicant may file for a variance in accordance with Sec- tion 25-23 (Variances). Sec. 25-28 Amendment to General Plan. Sec. 25-28.1 General Plan. The general plan of the city consists of those documents adopted by the city council pursuant to California Government Code Sections 65300, et seg. which, as adopted or as amended from time to time, set forth the objectives, principals and the plan proposals which constitute a statement of the development policies of the city. Sec. 25-28.2 Consistency with General Plan. A. All applications for discretionary land use approvals (zone changes, conditional use permits, variances, etc.) shall be reviewed by the planning department prior to their submittal to the planning commission to determine whether they are consistent with the general plan. B. Where the planning director determines that a proposed discretionary land use approval is not consistent with the general plan, he shall so advise the applicant, who may apply for an amendment to the general plan. Sec. 25-28.3 Amendments to General Plan. A. The general plan of the city shall be reviewed annually by the planning director who shall make an annual report containing any recommendations which he may have for amendments to or revisions of the general plan, or any ele- ment thereof. B. The annual report on the review of the general plan shall be submitted to the planning commission at its first regular meeting of each calendar year and shall be for- warded to the city council with planning commission recom- mendations no later than the first regular council meeting of each February. C. The city council or planning commission may, from time to time, recommend amendments to the general plan or any element thereof. D. Upon application made pursuant to Section 25-28.2, the general plan may be amended to permit development which as proposed is not consistent with the general plan, but which would be appropriate in the manner and location proposed and would not be injurious to the city or surrounding prop- erties. -16- Sec. 25-28.4 Planning Commission Report. A. The planning commission shall hold at least one (1) public hearing on every proposed amendment to the general plan. B. Upon completion of such nearing, the planning commis- sion shall report to the city council its recommendation whether the proposed amendment should be approved or disap- proved. C. Notice of each hearing before the planning commission on proposed amendments of the general plan shall be pub- lished at least once in a newspaper of general circulation in the city within ten (10) days of such hearing. Sec. 25-28.5 Approval of Amendments. A. All amendments of the general plan shall be approved by resolution of the city council. B. Prior to approval of any amendment of the general plan, the city council shall hold at least one (1) public hearing thereon. C. Notice of city council hearings on proposed amendments of the general plan shall be published at least once in a newspaper of general circulation in the city within ten (10) days prior to the hearing. Sec. 25-28.6 Fees. The application for a general plan amendment shall be accompanied by a fee established by resolution of the city council to cover the cost of handl- ing as prescribed in this Section. SECTION 4. The City Council hereby declares its intention to ultimately include all of the provisions of the Zoning Ordinance, as heretofore amended and as may be hereafter from time to time amended, within the Code of the City of Lynwood. Until such inclusion has been effected, references in this ordinance to "this Chapter" shall be deemed to refer to Ordi- nance No. 570, the Zoning Ordinance of the City of Lynwood, as amended. SECTION 5. Severability. If any section, subsection, sub- division, sentence, clause, phrase or portion of this ordi- nance, or the application thereof to any person or place, 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 portions of this ordinance or its application to other persons or places. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sen- tences, clauses, phrases, or portions, or the application thereof to any person or place, be declared invalid or uncon- stitutional. SECTION 6. The City Clerk is hereby ordered and direct- ed to certify to the passage of this ordinance and to cause the same to be published once in the Lynwood Press, a newspaper of -17- general circulation, printed, published and circulated in the City of Lynwood. First read at a regular meeting of the City Council of said City held on the 4th day of NOVEMBER , 1980, and finally or- dered published at a regular meeting of said Council held on the 18th day of NOVEMBER , 1980. AYES: COUNCILMEN BYORK, MORRIS, ROWE, THOM,PSON, GREEN. NOES: COUNCILMEN NONE. ABSENT: COUNCILMEN NONE. t...1r MAYOR OF T CITY OF LYNWOOD EUGENE R. GREEN ATTEST: I//~ CITY CLERK OF THE~CI71~' OF LYNWOOD LAURENE COFFEY -18- ,. ., STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) I, LAURENE COFFEY, City Clerk of the City of Lynwood, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 1107 of the City Council of the City of Lynwood, and that the same has not been amended or repealed. DATED: DTOVF.MBER 20Zp , 1980. /~ (,U n~.~._ w / ~~` ,[i~-mot .~~~ City 'Clerk of the C, ty o~ Lynwood Laurene Coffey (SEAL) -19- STATE OF CALIFORNIA ) ) ss. COUNTY OF' LOS AD7GELES ) I, the undersigned, City Clerk cf tY~e City of Lynwood, and ex~-officio clerk of the Council of said City, do hereby certify thaw the above is a true aild correct copy of Ordinance No. 1107 adopted by the City' Council of` the City of` Lynwood, and that the same cda3 passed on the date and by the vote therein stated. Dated this _19th da,y of _ NOVEMBER ,__, 1°80 City Clerk, City of L nw od Laurene Coffey (SEAL)