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HomeMy Public PortalAboutOrd. 1087E ' ~ ; , ~ ~ ~ ., ~. ~ A ~ ' .. `' ~ 3' ~ ,. 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 J 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. -2- 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. -3- D d 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% -4- • ' ~ .. 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. -5- 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. -6- 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 -7- 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. -8- 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 -9- 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 -10- 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. -11- 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. -12- 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 -13- 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. -14- 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. -15- 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 -16- 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. -17- 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 -18- 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