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ORDINANCE D7O. 1087
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LYNWOOD TO AMEND CHAPTER 4, AND DELETE
CHAPTERS 5 AND 6 OF ORDINANCE NO. 570 WITH
RESPECT TO RESIDENTIAL ZONES AND CONDOtQINIUM
DEVELOPPAENT
The City Council of the City of Lynwood does ordain
' as follows:
SECTION 1. Chapter 4 of Zoning Ordinance tdo. 570 with
regard to all residential zones is hereby amended to read
as follows:
CHAPTER 4 -- RESIDENTIAL ZONES
SECTION 4.00. INTEtdT APdD PURPOSE
A. In addition to the objectives outlined in Section
1.01 (Purposes and Scope), the residential zones are in-
cluded in the zoning regulations to achieve the following
purposes:
1. To reserve appropriately located areas for family
living at a broad range of dwelling unit densities
consistent with the General Plan and with sound
standards of public health, safety and welfare;
2. To ensure adequate light, air, privacy, and open
space for each dwelling;
3. To minimize traffic congestion and to avoid the
overloading of utilities by preventing the con-
struction of buildings of excessive bulk or number
in relation to the land area around them;
4. To protect residential properties from noise,
illumination, unsightliness, odors, smoke and
other objectionable influences, and,
5. To facilitate the provision of utility services
and other public facilities commensurate with an-
ticipated population, dwelling unit densities,
and service requirements.
R. R-1 SINGLE FAMILY RESIDENTIAL ZONE
This zone is intended to provide for the development of
single-family residential areas and to designate appropriately
located areas for family living at designated population den-
sities.
C. R-2 TWO FAMILY RESIDENTIAL ZONE
This zone is intended to provide for the development of
two-family residential lots and to designate appropriately
located areas for two-family living at designated densities.
P
D. R-3 PQULTIPLE FAMILY ZONE
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This zone is intended to provide for the development of
medium density multiple family residential units such as
apartments, condominiums, townhouses, cooperatives or other
group dwellings compatible for the neighborhood environment.
SECTION 4.01. USES PERMITTED
The following uses shall be permitted use where the
symbol "P" appears and shall be permitted subject to a Con-
ditional Use Permit approval where the "C" appears in the
column beneath each zone designation:
Zones
A. Residential uses R-1 R-2 R-3
Single-family dwellings p p C
Multiple dwellings containing p C
not more than 2 units
Multiple dwellings containing C C
more than 2 units
Residential Condominiums C C
Boarding or rooming house, C
dormitory and similar group quarters
Residential care facilities (6 or p p p
less residents including those of
occupant) in accordance with Health
& Safety Code Section 1567.5
Community residential care facility, C
including retirement communities
B. Non-residential uses
Child day care and nursery C
schools
Public elementary or secondary C C C
schools
Private, elementary or secondary C C C
schools
Church, temple or other place of C C
worship
Public utility and public service C C C
substations, reservoirs, pumping
plants, and similar installations,
not including public utility offices
Recreational facilities such as C
country clubs, tennis and swim
clubs, golf courses, with incidental,
limited commercial uses which are
commonly associated and directly
related to the primary use.
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Tones
R-1 R-2 R-3
C. Home Occupations
Home Occupations are subject to P p p
the provisions of Section 17.92
of the Lynwood City Code
D. Accessory Uses
Garages and carports p p P
Storage sheds p P P
Covered patios p P n
Cabanas p P
Laundry building
Swimming pools
p C
p C
P
Tennis courts C C C
Recreational. building C C
Accessory structures and uses C C C
located. on the same site
Conditional Use
E. Child Day Care
Day care for children may be provided as an accessory
use in connection with each dwelling unit, subject to
the following limits:
Single-family dwelling: Not more than six (6) includ-
ing children of the resident family.
Multiple-family unit: Not more than three (3) includ-
ing children of the resident family.
SECTION 4.02 PROHIBITED USES
All uses are prohibited except as expressly permitted by the
provisions of this chapter.
SECTION 4.03. ANIMAL KEEPING (See also Chapter 5 of the i,ynwood
City Code).
The occupants of each dwelling unit are permitted to keep
only the following types of animals, for their personal use only,
with the number of animals limited as indicated:
Cats and dogs, but not more than a total, of three (3)
each of such animals over four (4) months of. age.
Any number of tropical fish (no caribe).
No more than ten (10) white mice.
Not more than a total of three (3) other birds or
animals normally considered to be indoor house pets.
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Large animals or livestock such as horses, cows, sheep, goats,
pigs, hogs and fowl such as chickens, turkeys, peacocks,
guineas, geese and ducks, are not permitted.
SECTION 4.04 DEVELOPMENT STANDARDS
The following development standards shall apply to all
land and buildings, other than accessory buildings, permitted
in their respective residential zones:
A. General Requirements
The following requirements are minimum unless otherwise
noted:
RR=1 R-2 R-3
1. Density, maximum dwelling
units per acre
2. Building site, net area
in square feet
3. Lot width, in feet
4. Lot depth, in feet
4
5. Front yard, in feet
6. Side yard (each side)
in feet
7. Side yard, street side,
in feet
8. Rear yard, in front
feet
9
10
Lot coverage, maximum
Building height, maximun
including chimneys,
antennas and any roof-
mounted equipment
7 14 18
6,000 6,000 6,000
50 50 50
100 1.00 130 corner
150 interior
20 20 20
5' 5' 10'
lo' lo'- ~ lo'
25' or 25% of depth of lot
20 whichever is less, but
in no case less than 20
feet
40% 40% 60%
35% 35% 35%
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11. Dwelling size, in square 1,000 750 bachelor
800 1 bdr.
900 2 bdr.
1,000 3 bdr.
12. Parking within a garage 2 2 2 plus 1
(or within a carport in
R-3 zone only) per unit space
per 4
units for
recreation
vehicle
parking and
1 space per
4 units for
visitor
parking
13. Distance between building 10' 7"0' 10'
not exceeding 15 feet in
height
14. Distance between buildings 10' 10' 10'
where one or more exceeds
fifteen feet (15') in
height
B. Special Requirements
1."" In all residential zones, air conditioners, heating,
cooling ventilating equipment, swimming pool pumps
and heaters and all other mechanical devices shall
be located within the rear yard or street side yard
of a corner lot. Such equipment shall be screened
from surrounding properties and streets and so
operated that they do not disturb the peace, quiet
and comfort of neighboring residents, in accordance
with the City's Noise Ordinance.
2. In al.l Residential zones, reauired front and street
side yards shall be landscaped and shall consist
predominately of plant materials except for neces-
sary walks, drives, and fences. Said required front
and street side yards shall not be used for the
parking or storage of any motor vehicles or vehicle
accessory such as camper shells, trailers, motor bikes,
or other wheeled accessory or convenience, except that
motor vehicles may be parked upon the required paved
driveway access to the garage structure for a period
not to exceed 72 consecutive hours.
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3. In the R-3 zone, a minimum of thirty-five percent (358)
of the site area shall be landscaped and provided with
an automatic irrigation system. The required land-
scaping may include outdoor recreation area.
4. All required landscaping shall be permanently main-
tained in a neat and orderly condition.
5. Where a multiple-family dwelling, including incidental
or required accessory uses, abuts property in a single-
family zone, a masonry wall six feet in height and
landscaping at least five feet (5') in width shall be
erected and maintained between such uses and the single-
family zone.
6. Notwithstanding the minimum lot sizes provided for in
the R-2 and R-3 zones, no lot in the R-2 or R-3 zones
shall be divided or subdivided so as to reduce the area
thereof.
7. In order to provide an incentive for the joining
together of smaller parcels in the R-2 zones, and to
encourage the development of larger lots to their
fullest potential, an allowance of one additional
dwelling unit (over and above the otherwise applicable
maximum) will be permitted in the R-2 and R-3 zones for
each increment of 6,000 square feet above the minimum
lot size hereinafter established.
SECTION 4.05 ACCESSORY USES
A. Accessory buildings
An accessory building, which is used either wholly or in
part for living purposes, shall meet all of the requirements for
location of the main structure.
B. Attached Structures
An accessory structure that is attached to a main structure
shall meet all of the requirements for location of the main
structure except as provided in "C" of this Section.
C. Canopies
Canopies, or roofs attached to the main building or connect-
ing the main building with a detached accessory building, may
extend into a required rear or interior side yard, provided that
portions of such structures extending into the yard:
1. Shall not exceed 15 feet (15') in height or project
closer than five feet (5') to an interior side or rear
lot line;
2. Shall be entirely open on at least three sides except
for necessary supporting columns; except that a roof
connecting a main building and an accessory building
shall be open on two sides.
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D. Detached Structures
1. A detached structure shall meet the setback requirements
of the main building for the front and street side yard
areas.
2. A detached accessory structure may be located within an
interior side yard or rear yard; provided, that when
such structure is located closer than five feet (5')
to an interior side or rear lot line, one-hour fire
walls shall be required.
3. A detached structure shall maintain a minimum ten feet
(10') separation from the main structure.
4. For the purpose of this section, swimming pools shall
be considered to be a detached accessory structure.
E. Other Structures
1. Porches, steps, architectural features, such as eaves,
awnings, chimneys, and stairways, wing walls or bay
windows, may project not more than four feet (4) into
any required front or rear yard area, nor into any re-
quired side yard area more than one half (1/2) of said
required side yard.
2. Balconies or sundecks shall not encroach or project into
any required setback area.
SECTION 4.06 WALLS AND FENCES RESIDENTIAL ZONES
A. In any required front yard a wall or fence shall not exceed
42" in height.
B. A wall or fence not more than six feet (6') in height, as
measured from the highest adjacent grade, may be maintained
along the interior side or rear lot lines; provided, that
such wall or fence does not extend into a required setback.
C. A wall or fence generally parallel and located within 10 feet
of a driveway providing vehicular access to an abutting lot
shall not exceed three feet (3') in height within fifteen
feet (15') of the intersection of said driveway and street
right of way.
D. The provisions of this section shall not apply to a wall or
fence required by any law or regulation of the State of
California or any agency thereof.
E. Barbed wire, electrical fences, or sharp pointed and glass
or other similar objects on the top of walls and fences in
any residential zone shall not be permitted.
SECTION 4.07 RESIDENTIAL CONDOMINIUMS, INTENT AND PURPOSE
Residential condominium projects may require that numbers
of householders, with vested ownership in their respective dwell-
ing units, live in close proximity to one another. Condominium
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projects also require that such owners be bound together in an
Association which is responsible for the maintenance, management
and possible reconstruction of improvements within the common
area of the project. This mix of individual and common ownership
is different from conventional and familiar patterns of housing
in the City. The unique status of residential condominium pro-
jects tends to magnify the effects associated with higher urban
densities to the point where they may lead to conditions of
mismanagement, neglect and blight that impact upon the public
health, safety, welfare and economic prosperity of the larger
community. To ensure that such problems are avoided in both the
short and long-term, it is the express intent of the City to
treat residential condominiums differently from apartment and
other like structures. Pursuant to such intent and in order to
provide guidance in the consideration of proposed condominium
projects, the purposes of Section 4.07 are as follows:
A. To ensure that the significance of fragmented pattern of
condominium ownership with respect to long-range planning,
unforeseen change and maintenance of the City's housing
stock is not superficially discounted in favor of short-term
and expedient financial considerations.
B. To ensure that the potentially deleterious effects resulting
from lack of continuous and centralized management do not
impact upon the public health, safety and welfare and, at
the same time, ensure that there is democratic and effective
management of the project and does not allow, over time, a
majority of the unit owners to effectively contravene the
initial commitments made to the project at the time of its
inception and thus undercut the good faith of any minority
of unit owners.
D. To ensure that the project developer is attentive to the
performance characteristics of the structure and mitigates
such problems as vibration and noise transmission which may
not be apparent to the buyer without living in the unit but
which, if not adequately attenuated may nevertheless render
the living environment within the project undesirable and
the transfer of unit ownership difficult.
E. To ensure that the project developer uses contemporary and
environmentally sensitive concepts of site planning and
architectural design in the creation of the project and to
ensure that the project, once completed, maintains its
integrity over time not only to preserve the long-term
financial commitment of the unit owner, but also to optimize
the utilitarian and aesthetic qualities that make the pro-
ject a viable home for owners in the future.
F. To establish reasonable procedures for the dissolution of
the condominium and demolition of the structures at the end
of their economic, functional or physical life and thus
obviate conditions of residential obsolescence and blight
and their permicious effects upon both immediate occupants
and the larger community.
G. To ensure that, when appropriate, governmental entities have
the right to enter into specified areas of the project to
protect the public health, safety and welfare and preserve
the public peace, except for strictly interior modifications
to individual condominiums.
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SECTION 4.08 APPLICATION FOR CONDITIONAL USE PERMITS --
RESIDENTIAL CONDOMINIUMS
The application for a Conditional Use Permit for a proposed
residential condominium project shall be required and shall in-
clude the following information, in the number of copies and
degree of detail which the Director determines to be sufficient
for the Commission to evaluate the project:
A. A complete legal description of the property and a boundary
map showing the existing topography of the site and the loca-
tion of all existing easements, structures and other improve-
ments, and trees over 6 inches in diameter.
B. Dimensioned schematic development plans consisting of at
lease a site plan, garage plan, typical floor plan, build-
ing elevations showing natural grades, transverse and long-
itudinal sections showing natural grades and a conceptual
landscaping plan for the project as a whole.
C. Typical detailed sections of the types of wall and floor/
ceiling construction that would be used in both common and
interior partition walls within the condominium project, in-
cluding either published data from a recognized testing
laboratory or a statement from a licensed acoustical engineer
or the City Building Official as to the STC (Sound Trans-
mission Class) and IIC (Impact Insulation Class) of the pro-
posed type of construction.
D. The proposed condominium documents including the Declaration
of Covenants, Conditions and Restrictions. Description of
Project Elements and tentative Condominium Plan that would
apply to the conveyance of units, the assignment of parking
and the management of common areas within the project.
E. Such other information which the Commission or Director
determines is necessary to evaluate the proposed project.
SECTION 4.09 DEVELOPMENT STANDARDS -- RESIDENTIAL CONDOMINIUMS
The Commission shall require that all residential condominium
projects conform to all ordinances of the City and all of the
following condominium development standards:
A. Private Open Space. Notwithstanding the minimum total amount
of unsalable open space required for a project and the re-
quired minimum dwelling unit size, in projects which include
five (5) units or more, all of the units shall have an appur-
tenant private patio, deck, balcony, atrium or solarium with
a minimum area of 150 square feet, except that one-bedroom
and zero-bedroom units shall have a minimum of 130 square
feet. Such space shall have a configuration that would allow
a horizontal rectangle or square of 100 square feet in area
and a minimum dimension of seven (7) feet to be placed in
said space. The space shall be designed for the sole enjoy-
ment of the unit owner and quests, and shall have at least
two (2) weather-proofed electrical convenience outlets.
Additionally, such space shall be at the same level as, and
immediately accessible from, either a kitchem, dining room,
family room or living room within the unit. The Commission
may evaluate each project on its own merit in regard to the
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type, configuration and characteristics of the development,
including condominium unit mix pertaining to the number of
bedrooms per unit and percentage thereof, and may allow
variations from the above dimensional standards where it can
be shown that the required private open space meets the
intent and purpose of this Section.
B. _Private Storage Space. Each unit within the project shall
have at least 200 cubic feet of enclosed, weather-proofed
and lockable storage space for the sole use of the unit owner.
Such space shall have a minimum horizontal interior dimension
of 3-1/2 feet. The space, if a reach-in-type, shall have an
opening of 3-1/2 feet. The space, if a reach-in type, shall
have an opening of 3-1/2 feet by 6 feet, or, if a walk-in
type, shall have a minimum clear access opening of 2-1/2 feet
by 6 feet, or, if a walk-in type, shall have a minimum clear
access opening of 2-1/2 feet by 6-2/3.
C.
D.
Such space shall be provided within individual storage lockers,
cabinets or closets in any location approved by the Commission,
but shall not be split among 2 or more locations. Moreover,
since it is the intent of this standard to require space
over and above that normally associated with the day-to-day
functioning of the unit, the Commission shall exercise
reasonable discretion in differentiating between such re-
quired private storage space and guest, linen or clothes
closets or food pantries that are customarily within the
unit. Thus, while providing such private storage space
within the limits of the unit is not precluded, it shall be
over and above that which would otherwise be provided within
the unit.
If such space is located within a common area within the
project, the Association shall be responsible for the care
and maintenance of the exterior surface of the space in
order to assure that the surface is maintained in a manner
compatible with the architectural treatment of the project.
Regardless of the location, the precise architectural treat-
ment of such space shall be approved by the Planning Depart-
ment to ensure that such areas are safe, convenient and
unobtrusive to the functional and aesthetic qualities of the
project.
Off-Street Parking.
Spaces Assigned to Units. There shall be at least 2 garage
spaces assigned to each condominium unit within the project.
Spaces Designated for Visitors. In addition to the above
requirement, there shall be at least one visitor parking
space for each 4 condominium units within the project. A
fractional requirement equal to, or greater than, one-half
of a visitor parking space shall be interpreted as a require-
ment of one visitor parking space.
Recreational Vehicle Parkin .
recreational vehicle parking
units within the project.
There shall be at least one
space for each 4 condominium
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E.
F.
Treatment of Utilities.
Plumbing Shut-off Valves. Water supply lines to each unit
within the project shall be fitted with shut-off valves of
either a hand valve or a screw-stop type. If there are
extenuating circumstances which make the installation of
such valves impractical, the Commission may approve a system
which provides individual shut-off valves ahead of each
fixture within the unit. A shut-off valve shall also be
provided ahead of each water supplied appliance not con-
tained within a unit.
Utility 67eters. With the exception of water supply and
central heating and/or air conditioning, each utility that
is controlled and consumed within the individual unit shall
be separately metered in such a way that the unit owner can
be separately billed for its use.
Circuit Breaker. Each unit shall have its own circuit
breaker panel for all electrical circuits and outlets which
serve the unit. Such panel shall be accessible without
leaving the unit.
Isolation of Vibration and Source of Structure-borne P7oise
1n Condominium Proiects Where Units Have Common Walls and/
Shock Mounting of Mechanical Equipment. All permanent mech-
anical equipment such as motors, compressors, pumps and com-
pactors which, because of their rotation, reciprocation,
expansion and/or contraction, turbulence, oscillation, pul-
sation, impaction or denotation, are determined by the
Building Official to be a source of structural vibration or
structure-borne noise shall be shock mounted with inertia
blocks or bases and/or vibration isolators in a manner ap-
proved by the Building Official. Domestic appliances which
are cabinet installed or built into the individual units,
such as clothes washers and dryers, or other appliances
which are cabinet installed or built into the individual
units, such as clothes washers and dryers, or other ap-
pliances which are determined by the Building Official to be
a source of structural vibration or structure-borne noise,
shall be isolated from cabinets and floor or ceiling by
resilient gaskets and vibration mounts approved by the
Building Official. The cabinets in which they are installed
should be offset from the back wall with strip gasketing of
felt, cork or similar material approved by the Building
Official. Where such appliances utilize water, flexible
connectors shall be installed on all water lines. If pro-
vision is made within the units for the installation of
nonpermanent appliances such as clothes washers and dryers,
then permanent rubber mounting bases and surface plates
shall be installed in a manner approved by the Building
Official.
G. Location of Plumbing Fixtures. No plumbing fixtures shall
be located on a common wall between two separate units where
it would back up to a living room, family room, dining room,
den or bedroom of an adjoining unit.
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H. Separation of Vents and lines. No common water supply
lines, vents, or drain lines shall be permitted for con-
tiguous units unless there is at least 8-1/2 feet of pipe
between the closest plumbing fixtures within the separate
units. The Building Official may approve other methods of
isolating sound transmission through plumbing lines where
their effectiveness can be demonstrated.
I. Isolation and Insulation of Lines. All water supply lines
within the project shall be isolated from wood or metal
framing with pipe isolators specifically manufactured for
that purpose and approved by the Building Official. In
multistory condominium projects all vertical drainage pipe
shall be surrounded by 3/4 inch thick dense insulation board
or full thick fiberglass or wool blanket insulation for its
entire length including the sections that pass through wood
or metal framing.
J. Attenuation of Noise. General. Wall and floor/ceiling
assemblies separating units from each other or from public
or quasi-public spaces such as interior corridors, laundry
rooms, recreation rooms and garages shall provide airborne
sound insulation for walls, and both airborne and impact
sound insulation for floor/ceiling assemblies.
K. Airborne Sound Insulation. All wall assemblies enumerated
or alluded to in the previous paragraph shall be of type o£
construction that has a minimum rating of 50 STC. Wood
floor joints and subflooring shall not be continuous between
separate condominium units. Penetrations or openings in the
construction of piping, electrical outlets and devices,
recess cabinets, bathtubs, soffits and heating, ventilating
and/or air conditioning intake and exhaust ducts and the
like, shall be sealed, lined, insulated or otherwise treated
to maintain the required rating and such treatment shall be
approved by the Building Official. Entrance doors to the
unit shall be of solid construction and, together with peri-
meter seals, shall have a minimum rating of 30 STC. Such
perimeter seals shall be maintained in effective operative
operating condition.
L. Impact Sound Insulation. All separating floor/ceiling
assemblies enumerated or alluded to above shall be of type
of construction that has a minimum rating of 69 IIC (Impact
Insulation Class). Floor coverings may be included in the
assembly to obtain the required ratings, but must be re-
tained as a permanent part of the assembly and may only be
replaced by another floor covering that provides the same or
greater impact insulation
M. Verification of Sound Class. STC and IIC ratings shall be
based on the results of laboratory measurements and will not
be subjected to field testing. The STC rating shall be
based on the American Society for Testing and Materials
system specified in ASTM B 90-66t or equivalent. The IIC
rating shall be based on the system in use at the National
Bureau of Standards or equivalent. Ratings obtained from
other testing procedures will require adjustment to the
above rating systems.
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SECTIOtd 4.10 DEVELOPMENT CRITERIA -- RESIDENTIAL CONDOMINIUP7S
There are important considerations relative to each proposal
for residential condominium usage and to each proposed site that
do not lend themselves to specific development standards. The
following criteria shall apply to proposals for condominium usage
made pursuant to the provisions of Sections 4.07 - 4.13 and
shall serve as a basis for the evaluation of accepted and appro-
priate planning and architectural techniques necessary for the
orderly development of the City, and concurrently shall give sub-
stance to the policies necessary to achieve the purposes of
these Sections:
A. The project shall be a comprehensive and integrated design,
providing for its own open space, off-street parking and
amenities for contemporary living. Insofar as the scale of
the project allows, open space, walkways and other areas for
people should be separated from parking areas, driveways and
other areas for automobiles.
B. Architectural unit and harmony should be achieved both with-
in the project and between the project and the surrounding
community so that the project does not constitute a dis-
ruption to the established fabric of the community.
C. The layout of structures and other facilities should effect
a conservation in street, driveway, curb cut, utility and
other public and quasi-public improvements. Structures
should be designed to minimize, within the context of
accepted architectural practice, the consumption of natural
resources either directly or indirectly (e.g., gas, water,
electricity).
D. The project should be designed to maintain as much of the
natural topography, large trees and environment as practical.
E. The configuration and orientation of the project should
respect reasonable design limits imposed by the natural and
man-made environment. Structures should be situated to
take advantage of view, topography, sun and wind, while at
the same time not destroying these advantages for adjacent
properties. Structures should also be situated to minimize
or buffer any undesirable characteristics of the site such
as street noise and nearby obnoxious commercial or indus-
trial uses.
F. The layout of units and open space within the project should
establish, through the use of structure and landscape mater-
ials, a perceptible spatial transition from the public street,
through the semi-privacy of the common areas, to the privacy
of the unit. P•4ost importantly, the environment of each con-
dominium unit should be private and free from visual, aud-
ible and other instusions.
SECTIOPI 4.11 DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS -- RESIDENTIAL CONDODIINIUMS
To achieve the purposes of Section 5.00, Declaration of
Covenants, Conditions and Restrictions relating to the management
of the common area and facilities shall accompany all proposals
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for residential condominium usage made pursuant to the provisions
of Sections 4.07 - 4.13. In addition to such Covenants, Condi-
tions and Restrictions that may be required by the Department of
Real Estate of the State of California or pursuant to Title 6
of Part IV of Division II of the California Code or other State
laws or policies, such delcaration shall provide for the follow-
ing, none of which, after acceptance in final form by the City,
shall be amended, modified or changed without first obtaining
the written consent of the City Attorney.
A. _AsSignment or Conveyance of Private Open Space. The sur-
face area appurtenant airspace or private open space areas,
including but not limited to the private patio, deck, bal-
cony, solarium or atrium required by Section 4.09 and any
integral portion of that space that may exceed the minimum
area requirements, shall be described and irrevocably as-
signed by the Declaration of Condominium Plan to its re-
spective unit, except that where the private open space is
totally within the boundary described by the interior sur-
faces of the unit, it shall be conveyed as an integral part
of the unit.
B. Assignment or Conveyance of Private Stora e Areas. The sur-
faces and appurtenant airspace or private storage areas, in-
cluding but not limited to the private storage space required
by Section 5.02 shall be described and irrevocably assigned
by the Declaration of Condominium Plan to its respective
unit, except that where the private storage space is totally
within the boundary described by the interior surfaces of
the unit, it shall be conveyed as an integral part of the
unit.
C. Assignment or Conv~ance and Use of Required Off-S
=a~n~.,y spaces. xequirea o=r-street, enclosed parking spaces,
except guest parking spaces, shall be permanently and irre-
vocably assigned to particular units within the project on
the basis of 2 spaces per unit, except that where 2 parking
spaces are totally within the boundary described by the in-
terior surfaces of the unit, they shall be conveyed as an
integral part of the unit. To the maximum practical extent,
the 2 spaces assigned to each unit shall be contiguous. In
no case shall the private storage area of one unit overhang
or take its access from the required off-street parking
space of another unit. All parking spaces shall be used
solely by unit owners, members of their families, their
guests or lessees of the owner's unit, except that a unit
occupant within the project may rent one space to another
unit occupant or to the Association. All parking spaces
shall be solely for the purpose of parking motor vehicles
as defined by the California Vehicle Code.
D. Maintenance of Impact Insulation Class. The Impact Insula-
tion Class (IIC) rating of all separating floor/ceiling
assemblies, as required by Section 4.09 shall be described
in the Declaration. Where the minimum IIC rating is obtained
through the use of floor covering(s), the Declaration should
provide that said covering(s) shall not be removed for any
purpose except cleaning or replacement, and shall further
provide that any replacement covering(s) shall furnish not
less than the degree of impact insulation afforded by cover-
ing(s) originally installed.
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E. Right of Public Entry to Common Area. The City of Lynwood,
the County of Los Angeles, the State of California, and the
Government of the United States, and any department, bureau
or agency thereof, shall have the right of immediate access
to all portions of common areas of the project not assigned
for the exclusive use of the owner of a particular unit at
all times. Pdotice of such right of governmental agency
access shall be prominently displayed in the common areas of
the project.
F. Television and Radio Antenna. Individual television and
radio antennas shall be prohibited outside of any owner's
unit. The Declaration shall provide either for a central
antenna with connections to each unit via undergound or
internal wall wiring, or each unit shall be served by a
cable antenna service provided by a company licensed to
provide such service within the City.
G. Voting. For the purpose of voting, including without limi-
tation voting to set the amount of regular or special as-
sessments and for the purpose of amending the Covenants,
Conditions and Restrictions, one vote shall be allocated for
each unit within the project.
H. Maintenance. The Declaration shall contain provision estab-
lishing the obligation and duty of the governing body of the
condominium to maintain the common areas in good condition.
I. Enforcement. The Declaration shall contain a provision
ensuring right of any owner to enforce the terms of the
Declaration.
J. Maintenance of Common Areas and Facilities.
1. Obligation. No Conditional Use Permit shall be granted
for a residential condominium development unless the
obligation for care, upkeep and management of the
common element is set forth in the Declaration of
Covenants, Conditions and Restrictions and is imposed
on a nonprofit corporation (the Association).
2. Assessments. In order to protect the public health,
safety and welfare, provision shall be made both for
annual assessments for maintenance and special assess-
ment for capital improvements. The amount of the
regular annual assessment, and the procedure for its
change, shall be specified. The manner in which special
assessments may be levied for the purpose of defraying,
in whole or in part, the cost of any construction
reconstruction, rerepair or replacement of a capital
improvement upon the common area shall be specified.
The amount of regular and special assessments may be
made proportional to the gross square footage of each
unit within the project. Both annual and special
assessments may be collected on a monthly basis. The
remedies which the Association may bring for nonpayment
of assessments shall be specified and may include
penalities for late payment.
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3. Veto Right and Authority of the City. In considera-
tion of the City's approval of a condominium project,
the Declaration shall provide that the City at its op-
tion, has the right and authority to veto any action
of the Association which would tend to decrease the
amount of the regular annual assessment upon a finding
by the City that such decrease could or would adversely
affect the long-run maintenance of the condominium
structures and/or common areas. To enable the City
to exercise said optional veto, the Declaration shall
provide that Association actions to decrease the annual
assessment do not become effective until 60 days after
written notice of such action is given to the City.
K. Utility Easements Over Private Streets and Other Areas. If
the condominium project contains private streets, provision
shall be made for public utility easements in or adjacent
to such private streets, adjacent to public streets or over
other portions of the project to accomodate fire hydrants,
water meters, storm drainage, sanitary sewers, water and
gas mains, electrical lines and similar urban infrastruc-
ture. The Planning Commission may also require access routes
necessary to assure that fire fighting equipment can reach
and operate efficiently in all areas of the project.
L. Amendment of the Declaration. Any amendment to the Declara-
tion which would amend, modify, delete or otherwise affect
any provision required by this Section shall require the
prior written approval of the City Attorney. To that end,
no such amendment of the Declaration shall be effective un-
less (1) the text thereof shall have been submitted to the
City 30 days prior to its adoption by the owners; (2) either
the City has approved the amendment or failed to disapprove
it within said 30 day period, and (3) the recorded instru-
ment effecting such amendment shall recite that it was so
submitted and approved or not disapproved.
SECTION 4.12 SITE PLAN AND DESIGN REVIEW -- RESIDENTIAL
COidDOMIP7IUMS
A. Site Plan and Design Review shall be required on all applica-
tions for Conditional Use Permits for proposed Residential
Condominium Projects.
B. A Site Plan Review Committee composed of the City Manager
(or designee), Building Official, City Engineer and Planning
Director shall be established and shall be responsible for
the review and approval of said plan. The Committee may re-
quire that a conference be held with the project designer.
C. An application for approval of a Site Plan shall be submitted
to the Site Plan Review Committee for determination in any
case involving any of the following:
1. Construction of new building.
2. Expansion, additions, alterations or repairs to exist-
ing structures, or other construction, if:
a. The estimate cost of the work is $5,000 or more;
and
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b. The work involves changes in exterior architec-
tural design, landscaping design or parking
facilities.
3. Signs involving an estimated $1,000 or more.
The Planning Director shall have authority to approve de-
velopment plans for work not exceeding the above limita-
tions.
D. Development plans shall be reviewed in relation to the
following criteria:
1. Compatibility with the General Plan and any specific
plans for the area.
2. Compatibility of architecture and design with exist-
ing and anticipated development in the vicinity, includ-
ing the aspects of site planning, land coverage, land-
scaping, appearance and scale of structures and open
spaces and other features relative to a harmonious and
attractive development of the area.
3. Convenience and safety of circulation for pedestrians
and vehicles.
4. Attractiveness, effectiveness and restraint in signing,
graphics and colors.
5. Development scheduling (if phased development) which
will satisfy the above criteria in each phase.
6. Conformance to any applicable design standards and
guidelines which have been adopted pursuant to Section
4.07. Such design standards and guidelines may be
generally applicable or may specify different require-
ments for different areas.
If the proposed development complies with all applic-
able requirements and standards of this Chapter and other
laws and regulations, and the approving authority finds that
the above criteria are adequately met, or can be met if
specified conditions are observed, the Site Plan Review
Committee shall forward the completed application to the
Planning Commission with recommendation that the application
for Conditional Use Permit be approved, subject to such
specified conditions. If the Site Plan Review Committee
finds that the proposal cannot be modified to meet the
requirements of this Chapter and the above criteria, the
Committee shall recommend the application for Conditional
Use Permit be disapproved. In all cases, findings shall be
made concerning the grounds for approval or disapproval.
SECTION 4.13 APPEAL
Any person aggrieved by the decision of the Planning Com-
mission, within seven (7) days after the date of determination of
the Planning Commission may appeal in writing to the City Clerk
for a review of the decision by the City Council. The City
Council, after the filing of such appeal, shall review said
matter and may affirm, modify or reverse the decision of the
Planning Commission. The determination of the City Council
hereto shall be final and conclusive.
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SECTION 2. Chapters 5 and 6 of Ordinance No. 570 are
hereby deleted.
SECTION 3. Severability. If any section, subsection,
subdivision, sentence, clause, phrase or portion of this
Ordinance, or the application thereof to any person or
place, is for any reason held to be invalid or unconstitu-
tional by the decision of any court of competent jurisdic-
tion, 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, sentences, clauses,
phrases, or portions, or the application thereof to any
person or place, be declared invalid or unconstitutional.
SECTION 4. 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 news-
paper of general circulation, printed, published and cir-
culated in the City of Lynwood.
First read at a regular meeting of the City Council of
said City held on the ~ ~r.n day of December, 19 7:g, and
finally ordered published at a regular meeting of said
Council held on the 2nd day of January 19"80.
AYES: COUNCILMEN BYORK, GREEN, HIGGINS, ROWE, MORRIS.
NOES: COUNCILMEN NONE.
ABSENT: COUNCILMEN NONE.
. -~~ ~~
J Mayor;~City of Lynwood
ATTEST:
C~'ty Clerk, Cit f~' ynwood
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S
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
~I
I, the undersigned, City Clerk of the City of Lynwood,
do hereby certify that the above is a true and correct copy
of Ordinance No. adopted by the City Council of the
City of Lynwood, and that same was passed on the date and by
the vote therein stated.
Dated this 4th day of Januarv 19 80
'LAURENE COFFLY j
City Clerk, City of Lynwood
SEAL