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HomeMy Public PortalAboutOrd. 0808't ~ ~oX ORDINANCE No. 808 AN ORDINANCE OF THE CITY OF LYNWOOD AMENDING THE FOLLOWING SECTIONS AND PORTIONS OF CITY ORDINANCE N0. 570 (ZONING ORDINANCE): SECTION 3:00 CHAPTER III, TO ADD AN'~ADDITIONAL CLASS OF USE, DESIGNATED CB-1, "PLANNED BUSINESS ZONE," CHAPTER VIII, PAGE 20 TO ADD THE FOLLOWING SECTIONS THERETO: 7.50, 7.60, 7.61, 7.69, SUBDIVISIONS (a), (b), (c), (d), (e), (f), AMENDING CHAPTER XIII BY SUBSTITUTING AIV EN'1'IRELY ,.'NEW CHAPTER UNDER THAT NUMBER BEGINNING WITH SECTION 13,00 THEREOF', AMENDING CHAPTER XII BY SUBSTITUTING AN ENTIRELY NEW CHAPTER UNDER THAT NUMBER BEGINNING WITH SECTION 12.00, AND AMENDING CHAPTER VII BY SUB- STITUTING AN ENTIRELY NEW CHAPTER BEGINNING WITH / SECTION 7.00 TO ELIMINATE A R-3 CLASS OF USE IN A P-1 ZONE AND REPEALING SECTIONS 7.02 THROUGH 7.06 (HAVING TO DO WITH A R-1 USAGE IN A P-1 DISTRICT) AND TO CONFINE THIS ZONE TO OFF-STREET PARKING IN CONFORM- ANCE WITH A SITE PLAN SUBMITTED BY AN APPLICANT, AMEND-. ING SECTION 8.05, "FRONT YARD," AMENDING SECTION 8.06, "SIDE YARD," AMENDING; ARTICLE 2 OF CHAPTER 16 TO ADD SECTIONS 16.40 THROUGH 16.56 THERETO PERTAINING TO CONDITIONAL USE PERMITS, FURTHER AMENDING CHAPTER XVI TO ADD SECTION 16.2@ THROUGH 16.25 PERTAINING TO APPROVAL OF SITE PLANS. (g) and (h) Section 1. Section 3.00 of City Ordina~e No. 570 is amended to read as follows: "There are hereby confirmed and established in the City of Lynwood the following classes of uses which are hereby designated and shall be known as follows: R-1 One family zone R-2 Two family zone R-3 Multiple family zone P-1 Automobile parking zone CB-1 Planned Business zone C-2 Light commercial zone C-2-a Medium commercial zone (Ord. 594) C-3 Heavy commercial zone M-1 Light manufacturing zone M-2 Heavy manufacturing zone which said several zones are hereby established and which said classifica- tions of zones as shown and delineated on the zoning map of the City of Lynwood which is attached hereto and adopted hereby and made a part hereof." ~ r • Section 2. Chapter VIII beginning on page 20 of City Ordinance No. 570 is amended to add at the beginning of said chapter Section 7.50 7.60, 7.61, 7.69, Subdivisions (a), (b), (c), (d), (e), (f) and (g), as follows: "Section 7.50 of City Ordinance No.,570 shall read as follows: To stabilize, improve, and protect the commercial characteristics of the business areas of the community, and to provide for the orderly growth of new planned business commercial developments in the areas de- signated"for said district in the General Plan, there is hereby established a new and additional class of use which shall be known as 'CB-1 Planned Business Zone'." Section 3• Chapter VIII of .City Ordinance No. 570 is further amended to add thereto Section 7.60 which shall read as follows: "USES PERMITTED: The following uses are permitted: The CB-i Zone is intended to provide the retail core area of the business districts with uses to be intensive in nature. Uses per- muted are to be major shopping facilities, financial institutions, and personal service establishments which the entire group or major elements thereof are intended and designated to serve the city and the region as a whole and are to include: Major department stores, specialty shops, sales or service, major food markets, banks, financial and business - institutions, business and professional offices, antique stores. bakeries- retail, barber shops, beauty parlors, books and/or stationary stores, florist shops, retail hardware stores, shoe repair shops, jewelry stores, music stores, restaurants, cafes, cocktail bars, theatres, off- street parking garages or lots, public and quasi-public uses, cleaning and laundry pick-up stations and any other retail business or service establishments determined by the Planning Commission to be of the same general character as the above uses." Section 4. Chapter VIII of City Ordinance No. 570 is further amended to add Section 7.69 and shall read as follows: "ADDITIONAL USES PERMITTED: (a) Signs indicating the principal use in a building shall be approved as to size by the Planning Commission as part of the required -2- ~ r site plan approval. (b) Accessory uses and buildings appurtenant to any permitted use (c) Manufacturing and repair operations and services which are clearly incidental to the sale of products at retail on the premises. (d) Maximum building height limit: 190 feet. (e) All uses in the CB-1 Zone shall be conducted primarily within a completely enclosed building except for off-street parking-and loading facilities and public utility lines and substations. Permanently improved outdoor sales areas shall be clearly incidental to the use. (fj Site Plan Approval: Site plan approval by the Lynwood Planning Commission is required for each use. (g) Off-Street Parking and Loading Space: Off-street parking and loading space shall be provided for each use as required in Chapter XII, Section 12.00, et seq. of City Ordinance No. 570. (h) Conditional Use Permit: Conditional Use Permit is re- quired for any other use which is not specifically permitted in this district.' Section 5. Chapter XII of City Ordinance No. 570 is amended in its entirety to read as follows: "Section 12.00: OFF-STREET PARKING AND LOADING AREAS: Applicability: In-all districts, in connection with every industrial, business, institutional, recreational, residential or other use, except as provided elsewhere within this ordinance, there shall be provided at the time any building or structure is erected, enlarged, increased in capacity or changed from a nonconforming use in the district in which it is located to a permitted use, off-street parking spaces in accordance with the requirements herein and installed in accordance with the stand- arils of the City. Section 12.01. SIZE: Each off-street parking space shall be not less than 18 feet in length and 10 feet in width exclusive of service or access drives and/or aisles, and shall be of surfaced and permanently maintained condition, except that a parking zone space re- quired to be located in a building and one not required to be located in a building in an "R" zone shall be not less than 20 feet in length -3- and 10 feet in width. Section 12.02. ACCESS: There shall be adequate provisions for ingress and egress to all parking and loading spaces.wri~re a lot does not abut on a public street. For easement of access on a public street there shall be provided an unoccupied and unobstructed easement of an access or service drive of not less than 20 feet in width of right of way leading to the parking or storage areas or loading or unloading spaces required herein. A wider right of way width may be required by the Planning Commission as a condition to permit approval when found to be necessary in the interest of the public health, safety and general welfare. In any case, where an access or service drive is not provided through access or where parking design is such that satisfactory turn around is not possible, a turn around having a radius of forty feet shall be provided. Section 12.03• COMPUTATION OF PARKING REQUIREMENTS: Where several different places of assembly such as rooms or halls are contained within one use or building, the gross floor area or number of seats used to determine off-street parking requirements shall be the place of assembly or combination of several places of assembly that would normally be used at any one time, whichever will accomodate the larger number of people.. Where several uses are contained within a building or on a side, the off-street parking area required shall be the total of each of the requirements of all such uses. Section 12.04. MINIMUM OFF-STREET PARKING REQUIREMENTS. (a) CB-1, C_2, C-2-a, and C-3 Zones. Off-street parking shall be required as set forth in subparagraph 1 hereof or as set forth in subparagraph 2 hereof, whichever is greater: 1. One space for each 300 square feet of gross floor area in C-2, C-2-a and C-3 Zones 2. One space for each 200 square feet of gross floor area in CB-1 Zone. 3. Bowling Alleys: Five spaces for each lane. Dance (other than tavern dance), assembly and exhibition hall without fixed seats: One space for each 50 square £eet of floor area -4- used for assembly or dancing. Funeral Homes or Mortuary: One space for each 50 square feet of chapel area. Grocery fruits, meat stores, drive-in restaurants and similar uses: One space for each one hundred square feet of floor area. Medical and dental offices and clinics: Five spaces for each doctor or dentist. Hotel and Motor Hotels: One space for each living or sleeping unit. Restaurant, beer parlors, cocktail lounges and night clubs: One space for each three seats. Intensive care hospitals, including but not limited to hospitals where surgery is performed, and excluding convalescent hospitals: One space for every bed provided in the hospital. Convalescent Hospitals: One space for every five beds provided in the convalescent hospital: Theatres: One space for each five seats. (b) "R" District. Off-street parking shall be required in "R" districts as follows: 1. Churches: One space for each 10 fixed seats in main assembly room or if without fixed seats, one space for each 70 square feet of gross floor area in main assembly room. 2. Intensive Care Hospitals, including but not limited to hospitals where surgery is performed, and excluding con- valescent hospitals: One space for every bed provided in the hospital. Convalescent Hospitals: One space for every five beds provided in the convalescent hospital. 3. Dwellings - duplex or two-family: One and one-half space in a building on the premises for each dwelling unit and such space shall not be less than 10 feet wide by 20 feet long with adequate provisions for ingress and egress. When application of this subdivision results in the requirements of a fractional space, one full space shall be required for each such fractional space. Adequacy of ingress and egress is subject to the approval of the administrative committee. 4. Dwellings - single family: Two spaces in a private garage on the premises. No automobiles or other wheeled vehicles shall be parked on the premises other than in these -5- Y two spaces or the driveway at any time. Adequacy of ingress and egress is subject to approval of the administrative committee. 5. Dwelling - multiple: One and one-half spaces in a building on the premises for each dwelling unit. When the application of this subdivision results in the requirements of a fractional space, one full space shall be required for each such fractional space. Such space shall be not less than 10 feet wide by 20 feet long with adequate provisions for ingress and egress. Adequacy of ingress and egress is subject to approval of the administrative committee. 6. Buildings other than churches, hospitals and dwellings: One space for each 180 square feet on the premises and with adequate provisions for ingress and egress. (c) M-1 and M-2 Zones. One space for each 300 square feet of gross floor area shall be required in an M-1 or a M-2 zone. (d) Unlisted Uses: Unlisted uses including uses not involving structures, temporary uses not to exceed one year, and private and re- creational uses shall be provided with a number of spaces determined by the Planning Commission on the basis of the similarity to listed uses B5' or as may be determined of the Planning Commission to satisfy the intent of this ordinance. (e) In-Lieu Provisions: For any new uses, structure, or building on a site which, due to the size of it or location of the parcel, cannot be provided with, parking requirements may be satisfied as follows: 1. Provision of required parking on other property with- in X400 feet of the site proposed for development, or 2. Annexation to an existing off-street parking district and agreement in writing with the City to assume the costs as set up by such parking district of the required number of off- street parking spaces as set forth in this ordinance, making payment of these costs to said district, or 3. If within a district, an agreement in writing with the City to assume the costs set forth by said parking district of the required number of off-street parking spaces as set forth -6- in this ordinance making payment of these costs to the City Treasurer of the City of Lynwood, or 4. If the owner of the land on which said use is to be located reaches an agreement in writing with the City, and substitutes a payment based upon the fair market value of the land on which the new use is to be established and equal to the cost of the area required for off-street parking computed at said value plus the cost of paving and/or any other improve- menu as determined by the City. If any such agreement is necessary to permit establishment of any new use, the Planning Commission shall make a written report to the City Council of the findings which make any such agreement necessary. The City Council may cause to be made any necessary investigation to determine the amount of such payment. On receipt by the City of such payment, the off-street parking area requirements for such use shall be considered to be met and any necessary per- mits may be issued. All monies collected by the City from such agreements shall be used for the purchase and improvement of off-street parking areas. (f) Exceptions: Commercial structures in a CB-1 zone which existed prior to the adoption of this ordinance may be replaced if razed or may be substantially altered or remodeled without the performance of the off-street parking provisions of this ordinance, provided the Planning Commission make the following findings: 1. That the new or remodeled structure is not designed to permit uses or uses which will have parking requirements sub- stantially in excess of those previously existing. 2. That the new or remodeled structure has a floor area proposed to be not more than 110% of the ground floor area of the previously existing structure. 3. That satisfactory agreement has been executed between the City and the property owner to assure that the property shall join or annex to any parking district which is formed in the future. Such agreement shall be recorded as a long term lien on the property." -7- Section 6. Chapter XIII of .City Ordinance No. 570 beginning with Section 13.00 is amended to substitute a new Chapter XVII which shall read as follows: 13.00 Application of Chapter. The foregoing regulations per- taining to the several zones shall be subject to the general provisions, conditions and exceptions contained in this chapter. 13.01 Nonconforming use limits other uses. While a noncon- forming use exists on any lot, no additional use may be established thereon, even though such additional use would be conforming use, unless: (a) the use is a nonconforming use of a conforming building and such use has had a terminating date established by action of record by the Planning Commission; or (b) the nonoonf°orming use be a building of more restricted type than that allowed in the zone. If a nonconforming building be used for habitation, any conforming building on the lot shall be so placed as to retain contiguousness to the residential building, the side yards and open spaces required in the R-3 zone, and such side yards and open spaces shall be subject to the same limitations of use as govern in the R-3 zone. 13.02 Nonconforming use of land when no structure is involved. In any zone the nonconforming use of land wherein no structure is involved and which use existed on the effective date of the ordinance codified in this title shall be abated within one (1) year from such date, and any future use of such land shall conform to the provisions of this title. If the nonconforming use of land is discontinued for six (6) months or more, any future use of such land shall conform to the provisions of this title. During the period of the permissible nonconforming use of land such nonconforming use of the land shall not in any way be expanded or extended either on the same or adjoining property. 13.03 Removal of nonconforming buildings or change in status of nonconforming use. If any nonconforming building is removed, every future use of the land on which the building was located shall conform to the provisions of this title. If a nonconforming use of a nonconform- ing building vacates and is succeeded by another and more restrictive -8- use, it is evidence that the heavier nonconforming use was ended, and thereupon such heavier use immediately loses ahy vested right as such. If the substitute use is itself nonconforming the degree of nonconformity may not subsequently be increased by changing to a less restricted use. 13.04 Application to nonconforming buildings or uses resulting from reclassifications, variances or grants of exception. The provisions of this chapter shall apply to buildings, lands and uses which hereafter become nonconforming due to any reclassification of zones under this title. If a use originally authorized by variance or grant of exception prior to the effective date of the ordinance- codified in this title is located within a zone in which such use is not permitted by the terms of this title, such use shall acquire a nonconforming status. 13.05 Abatement of nonconforming use of conforming building. (a) IN "R" ZONES: Every nonconforming use of a conforming building in any of the "R" Zones shall be discontinued within three (3) years from the date of formal notice to the owner from the Planning Commission, or not later than five (5) years from the date the provisions of this title become applicable to it. (b) IN "C" ZONES: Every nonconforming use of a conforming building in a "C" zone .which use is 'first permitted in a less restrictive zone shall be completely removed before the expiration of a ten (10) year period measured from the date this title becomes applicable to it. (c) IN "M" ZONES: The nonconforming use of a conforming building in the "M" zones shall be completely removed before the expira- tion of a ten (10) year period measured from the date this title becomes applicable to it. 13.06 Removal of nonconforming buildings. (A} IN "R" ZONES: Every nonconforming building in any of the,"R" zones, except residential buildings, churches and schools and public utility facilities (other than offices, administrative buildings and service yards) which nonconforming building was designed or intended for a use not permitted in the "R" zone in which it is located, shall be completely removed or altered to structurally conform to the uses permitted in the zone in which it is -9- located within the herein specified times upon notice from the Planning Commission, which time is measured from the date of construction. In no case shall this period of time be less than five (5) years from the date of nctification by the Planning .Commission. As used in this section, the descriptions "Type 1 Building," "Type 2 Building," "Type 3 Building," "Type 4 Building" and "Type 5 Building," are employed as defined in the existing building code of the City. (1) If property is occupied by structures of a type for which the existing building code does not require a building permit, one (1) year. (2) Type 4 and Type 5 Buildings (light combustible frame and wood frame), forty (40) years. (3) Type 2 and 3 Buildings (heavy timber construction and ordinary masonry; (a) Apartments, offices, hotels or residences having stores or offices below and apartments or offices above, thirty-five (35) years. (b) Warehouses, stores, garages, lofts, thirty-five (35) years. (c) Factories and industrial, forty-five (45) years. (4) Type 1 buildings (fire resistant); (a) Offices and hotels, forty-five (45) years. (b) Theatres, fifty (50) years. (c) Warehouses, lofts, stores, garages, forty-five (45) years. (d; Industrial, thirty-five (35) years. (B) IN "C" ZONES: (1) In the "C-3" Zones residential structures and structures containing dwelling units on the ground floor existing on the effective date of this title shall be considered as nonconforming buildings, but, as such, shall be subject only to those provisions of this chapter pertaining to abatement which provide that a non-conforming building removed or destroyed shall not be replaced by other than a conforming building, that the nonconforming building may not be enlarged or expanded unless such enlargement or expansion makes the building con- -10- forming, and that the degree of nonconformity may not be increased by changing to a less restricted residential use. (2) Every nonconforming ,building in a "C" zone which is designed for a use first permitted in an "M" zone shall be completely removed or altered to conform to those uses permitted to the "C" zone in which such building is located within the herein specified times, upon notice from the Planning Commission which times are measured from the date of construction, except that in no case shall this period be less than five (5) years from the date of such notice by the Planning Commission. As used in this section, the designations "Type 1 Building," "Type 2 Building," "Type 3 Building," "Type 4 Building" and "Type 5 Building" are employed as defined in the existing building code of the city. (a) Where property is unimproved except for structures of a type for which the existing building ordinance does not require a building permit, one (1) year. 4 (b) Type ;2" and Type 5 buildings (light combustible frame and wood frame), forty (40) years. (c) Type 2 and Type 3 buildings (heavy timber con- struction and ordinary masonry); (1) Apartments, offices, hotels or residences having stores or offices below and apart- ments or offices above, thirty-five (35) years. (2) Warehouses, stores, garages, lofts, thirty- five (35) years. (3) Factories and industrial, forty-five (45) years. (d) Type 1 buildings (fire resistant); (1) Offices and hotels, forty-five (45) years. (2) Theatres, fifty (50) years. (3) Warehouses, lofts, stores, garages, forty- five (45) years. (4) Industrial, thirty-five (35) years. -11- (C) IN "M" ZONES: (1) In.the "M" zones any building which, by definition of this title, is not designed, arranged or constructed for a use permitted in the "M" zones shall be considered a nonconforming building, and shall be completely removed or altered to structurally conform to the uses permitted in the zone within the herein specified times upon notice from the Planning Commission, which times are measured from the date of construction, except that in no case shall this period of time be less than five (5) years from date of such notice: (a) Where the property is unimproved except for structures of a type for which the existing building ordinance does not require a building permit, one (1) year. (b) Type 4 and Type .5 buildings (light combustible frame and wood frame), forty (40) years. (c) Type 2 and Type .3 buildings (heavy timber construction and ordinary masonry): (1) Apartments, offices, hotels or residences having stores or offices below and apartments or offices above, thirty-five (35) years. (2) Warehouses, stores, garages, lofts, thirty=f~'ve (35) years. ~~ ~ (3) Factories and industrial, forty-five (45)~years. (d) Type 1 buildings (fire resistant): (1) Offices and hotels, forty-five (45) years. (2) Theatres, fifty (50) years. (3) Warehouses, lofts, stores, garages, forty-five (45) years. (4) Industrial, thirty-five (35) years. 13.07 Conformance of uses required to be in enclosed buildings. Where this title requires a use to be contained within an entirely enclosed building as such term is defined herein and a use existing on the effective date of this title is not in an entirely enclosed building, the building or structure containing such use shall be made to conform -12- to the requirements of this title with .respect to such enclosure within a period of three (3) years from the date of notification by the Planning Commission. The Planning Commission shall notify the owner or lessee of the subject property of the intent to consider the matter at a public meeting and the date of such meeting. The Commission shall consider all pertinent data in connection therewith and provide the opportunity for the owner or lessee to present such evidence which properly relates to such case. The Commission shall, by resolution, establish the facts upon which the determination is made to require such property owner or lessee to make the building conforming and shall formally notify the owner or lessee in writing of the Commission's decision and of the date by which such building shall be made conforming. Such formal notifica- tion shall be mailed to the property owner or lessee not later than ten (10) days following the date of the public meeting at which the matter was considerede 13.08 Conformance of uses to outside improvement, etc., requirements. Where a use in a "C" or "M" zone exists on the date this title becomes effective and such use is nonconforming only because it does not meet the requirements of this title with reference to improve- ment of outside areas used for storage, parking or outside activities (including walls and surfacing) or if the property on which any use is located has a common property line with "R" zoned property and no wall exists on such property line as is required by this title, such use shall be made to conform to the requirements of this title with respect to such features within a period of not to exceed two (2) years from the date of notification by the Planning Commission. The procedures to be followed in such matter and in serving notice upon the property owner or lessee, if there be such, shall be the same as that set forth in Section 13.07. 13.09 Removal of accessory buildings where no main building exists. Where a nonconforming use has no main building as defined by this title, but has buildings and structures accessory to the main use, such as trailer parks, trailer courts and trailer camps, then such nonconform- ing use and such buildings and structures shall be completely removed or altered to conform to those uses permitted in the zone in which the pro- -13- perty is located before the expiration of a ten (10) year period measured from the date this title becomes applicable to it. 13.10 Commission to determine conditions of abatement. When any nonconforming condition exists in any zone, other than the nonconform- ing use of land where no structure is. involved or where buildings and structures are accessory to the nonconforming use, it shall be the res- ponsibility of the Planning Commission on its own initiative, to fix a date upon which the nonconforming building was established. It shall also be the responsibility of the Planning Commission to determine whether, by reason of structural alterations or enlargements, or the installation of major equipment designed into the building prior to the date this title became applicable thereto, it is deemed necessary to establish a later date for abatement than that prescribed herein for the building itself in order to assure that the investment represented by such structural alterations, enlargements or equipment installations may be amortized. In performing this function the Commission shall consider all pertinent data in connection therewith and provide the opportunity for the owner of record, or lessee if there be such, to present such evidence as they may possess and which properly relates to such case. When the date of abatement has been determined, the Commission, by resolution, shall establish such date and shall set forth such facts as bear upon the case upon which the determination of such date of abatement is based, and shall formally notify the owner of such nonconforming property of the action of the Commission by mailing to such owner a copy of the formally adopted resolution not later than ten (10) days following the date of subject action by the Planning Commission. 13.11 Alteration or enlargement of nonconforming buildings. Unless otherwise specifically provided in this title, nonconforming buildings may not be enlarged or structurally altered unless an enlarge- ment or structural alteration makes the building conforming, provided, however, where a building or buildings and customary accessory buildings are nonconforming only by reason of substandard yards or open spaces, the. provisions of this title prohibiting structural alterations or enlargements shall not apply, provided further that any structural alterations of an -14- existing building shall not increase the degree of nonconformity of yards or open spaces, and any enlargements shall observe the yards and open spaces required on the ].ot. 13.12 Nonconforming churches may alter, expand or rebuild. Nonconforming churches may be structurally altered, enlarged or replaced on the same site provided the requirements of this title for off-street parking shall be met and maintained for any seating capacity in excess of that which existed on the effective date of this ordinance, whether provided by additional seats in the sanctuary or by additional floor spaces to be used simultaneously for assembly purposes if there be no fixed seats. 13.13 Public utility exemptions. The foregoing provisions of this chapter concerning the required removal of nonconforming build- ings and uses and the reconstruction of nonconforming buildings partially destroyed, shall not apply to public utility buildings and structures pertaining directly to the rendering of the service or dis- tribution, such as power generating plants and electric distribution and transmission substations; water wells and pumps; gas storage and metering, and valve control stations, or to fences or walls surrounding such nonconforming public utility installations which fences or walls are nonconforming only by reason of their placement in relationship to required yards. Nothing in this chapter shall be construed or applied so as to prevent the expansion, increase in capacity, modernization or replacement of such public utility buildings, structures, equipment and features as are used directly for the delivery of, or distribution of, the service provided, however, that all yard requirements of the zone in whioh the site is located shall be maintained and there shall be no enlargement of the site. The provisions of this section shall not exempt from the provisions covering nonconformity any oI' the buildings, structures or uses which do not immediately relate to the direct service to consumers, such as warehouses, storage yards, service yards and the like. 13.14 Removal of prohibited advertising structures and signs. Any advertising structure or sign which is now, or hereafter shall be in -15- violation of the provisions of Ordinance No. 570 shall be removed within one (1) year from the effective date of this title or within one (lj year from the date when the project for the landscaping of a section of a freeway shall have been completed or accepted, whichever is later. No outdoor advertising structures or signs shall be permitted in the CB-1 zone. Section 7. Chapter VII of .City Ordinance No. 570 beginning with Section 7.00 is amended to establish a new Chapter VII, which shall read as follows: Section 7.00 Combining Zoning District "P-1" with the other zones. 1. P-1 Zone "Automobile Parking" shall be combined with all of the other zones within the City and it shall be intended that the "P-1" zone may be applied in conformance with a plot or site plan submitted by an applicant for a building permit, and/or an application for a variance or change of zone, and/or approval of a site plan, and/or for a conditional use permit, or to any municipal or district parking lots established within the City. Also it shall be intended to be applied when in the opinion of the City of Lynwood the health, safety and general welfare requires designation of those areas to be used for the principal. use and for its appurtenant off-street parking. 2. Uses Permitted: The following uses are permitted, provided that any conditions for a zoning permit are fulfilled: Off-street parking lots; accessory uses and structures appurtenant to any permitted use in the zone with which this zone is combined; signs as may be permitted in the zone with which this zone is combined. Section 8. Chapter XVI of City Ordinance No. 570 is amended to add Section 16.20 through Section 16.25 to said Chapter as follows: "SITE PLAN" 16.20 Whenever a site plan is required by the provisions of this ordinance the same shall be prepared and submitted in accordance with the provisions of this Article. -16- 16.21 Procedure. When Site Plan approval is required, the applicant shall file an application and any required data with the Secretary of the Planning Commission. The Secretary of the Planning Commission shall forthwith notify the City Manager that said application has been filed and shall furnish him with the application and any required date. The City Manager shall, within 5 days either approve or deny Site Plan Approval Application. 16.22 Required Data. The application for Site Plan Approval shall be accompanied by a site plan showing lot lines and dimensions, location of existing and proposed buildings or improvements, height of structures, off-street parking lot design including ingress and egress points, street right of way lines, setbacks, exterior lighting and signs, fencing, and any other data necessary to indicate the proposed development, all. of which must be in conformance with the provisions of this ordinances In addition, the site plan shall indicate the proposed or probable use of the development and a brief statement of the type of construction contemplated. 16.23. Duties of City Manager. If the City Manager finds that the plan as submitted or any part thereof, does not comply with the provisions of this ordinance, or of the laws of the State of California, he shall note thereon wherein it fails to do so and his other reasons, if any, for his disapproval. Within five days after such disapproval, the City Manager, by United States mail, postage prepaid, addressed to the applicant at his last known address, shall advise the applicant of the disapproval of the site plan together with his reasons therefor. The determination of the City Manager shall be final and conclusive in the absence of an appeal. 16.24 Appeal procedure. Within thirty (30) days from the date of mailing cf notice of disapproval, if the applicant declines to alter the site plan to comply with the provisions of this article, he may file with the Secretary of the Commission a written letter of appeal from the City Manager's decision. Upon receipt of such a letter of appeal j/ ~ ,~ -17- the Secretary shall place the matter upon the Commission Agenda for consideration by that body. The Secretary shall thereupon give the applicant, by United States mail, postage prepaid, addressed to the applicant at his last known address, ten (10) days written notice of the time and place of such hearing. The appellant may waive such written notice if he so desires. At the time the Commission considers such a site plan, it shall examine the proposed plan, the City Manager's files and staff reports, if any, and shall give the appellant a reasonable opportunity to be heard with regard to such matter. The Commission shall determine whether the site plan complies with the provisions of this article. If the Commission finds the site plan complies with the provisions of this article it shall approve the same. If the Commission finds that the site plan does not so comply it shall disapprove the said site plan. The Commission shall not have the power to conditionally approve such a site plan. The decision of the Commission shall be final and con- clusive, in the absence of an appeal to the Council. If the applicant is dissatisfied with the decision of the Commission, he may appeal such decision to the Council in the same time and manner as an appeal is taken from the decision of the City Manager. 16.25 Site Plan Review, effect upon Building Permits. Where the provisions of this Chapter require that the site plan review be submitted for approval, no building permit shall be issued or if one is issued in error, the same shall be suspended until a site plan has been approved in the manner set forth in this part. Section 9. Chapter XVI of City Ordinance No. 570 is further amended to add Sections 16.40 through 16.56 thereto which shall read as follows: 16.40 Conditional Use Permits. Purpose: Conditional Use Permits are required so as to permit the City Council and Planning Commission to impose certain conditions on a proposed land use as a protection to the health, safety and general welfare in the zone. This -18- section is intended to regulate any proposed use so as to preserve control over development, and to provide a procedure for review of certain proposed uses. 16.41 Applicability: Whenever it is stated in this ordinance that certain other uses may be permitted subject to securing a..Conditional Use Permit it shall mean that such uses may be permitted in a zone in which they are not listed when such uses are necessary to the develop- ment of the community and which uses are in no way detrimental to exist- ing uses or to those permitted in the zone. 16.42 Prooedure: Upon filing of a verified application by the property owner cr by a lessee wherein the applicant shall set forth the grounds for and the facts justifying the request for the granting of a Conditional Use Permit, for a use not listed in a zone in this ord- finance, the Planning Commission shall give public notice as provided for in this ordinance of the public hearing on a Conditional Use Permit. Said hearing shall be held not later than forty (40) days following the filing of the application. The Commission shall investigate the facts bearing on each case to provide information necessary to assure action consistent with the intent and purpose of this ordinance. Not more than forty (40) days following said hearing, the Planning Commission shall announce its findings by formal resolution for referral to the City Council. Said resolution shall recite the findings of the Planning Commission and set forth the conditions deemed necessary to protect the health, safety and welfare of persons residing in the neighborhood and in the community as a whole. Application: The application for a Conditional Use Permit shall be filed on forms as provided by the City. Said application shall contain thereon full and complete information pertaining to the request. Whereupon, if the application is filed, it shall be signed by the applicant to the effect that he was so informed. Filing of an application does not constitute an indication of approval. The -19- applicant for a proposed planned, integrated shopping center shall provide such additional data and information as will justify both the size and location of such proposed center. This data should be adequate to permit the Commission and Council to make a finding that such a proposed develop- ment is properly located, that it would be in the community interest and that the proposed development is in conformity with the Generate Plan and with good zoning practice. Said information and data shall include a site plan indicating the location of all buildings and structures and the relationship between them. Said plan shall also have indicated thereon the following information: The location and amount of off-street parking. The location of all walls and buffers between the pro- posed new use and the abutting land uses. And such other data as will indicate to the Commission and/or City Council the manner in which the development will provide for the protection of health, safety, and welfare of the surrounding neighborhood. In addition, the applicant shall, when required by the Planning Commission, provide such data and information as will assist the Commission and/or City Council to justify its recommendations as to both the location and the size of the area proposed for development. Such additional data may include: Economic studies and surveys Traffic studies Population studies Any other information deemed pertinent. 16.43 Publication, Mailing and Posting of Notices: When required as a prerequisite for a public hearing, notice of the time and place of such hearings shall be given as required by subsections(2) and (3), Section 16.10, of Article 2 of Chapter XVI of City Ordinance No. 570 for applications for home occupations. No other or additional notice shall be required unless otherwise directed by the Planning Commission. 16.44 Planning Commission Findings: When considering the -20- recommendation for the grant of a Conditional Use Permit to the City Council the Commission shall find as. set forth below: That the site for the intended use is adequate in size and shape to accomodate said use and for all the yards, setbacks, walls or fences, landscaping and other features required by this Ordinance to adjust said use with those on abutting land and with the neighborhood. That the site fox' the proposed use relates to streets and .highways properly designed both as to width and type of pavement to carry the type and quantity of traffic generated by the subject user. That in approving the subject use and the specific location there will be no adverse effect on abutting property or the permitted use thereof. That in requiring the certain safeguards listed in the following paragraph, the Commission deems said requirements to be the minimum requirements necessary to protect the health, safety and general welfare: Special setbacks and buffers; fences and/or walls; lighting; surfacing of parking areas subject to city specifications; regulations of time for certain activities; regulations of points of vehicular ingress or egress; regulations of noise, vibration, odors, etc.; regulations of signs in accordance with all other ordinances of the city; requiring of landscaping and maintenance thereof; requiring maintenance of grounds and/or signs; requiring service roads and/or alleys when practical. And such other conditions as will make possible development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this ordinance. 16.55 Conditions to Use. In recommending the approval of the proposed use, the Commission may propose and the Council may establish such conditions for development and require such improvements in respect to existing or planned rights of way as will. protect the health, safety, and general welfare and the purposes set forth in the General Plan.. Such conditions shall take precedence over those required in the districts. Time Limit for Development: Before any Conditional Use Permit shall be approved by the City Council, the Planning Commission -21- _. , shall recommend and the City Council .may establish a time limit, within which the subject property shall be. developed. The time limit set by the City Council shall be a reasonable time based on the size and nature of the proposed development. Said time may be subject to extension by the City Council for a good cause when the applicant presents proof of an unusual hardship not of his own making. Decision by the City Council: In approving the Condi- tional Use Permit the Council may add to or modify the conditions recommended by the Commission. Failure to Comply with Conditions: If the time limit expires and no extension has been granted, or if any of the conditions to use are not maintained then all of the rights and privileges set forth in the Conditional Use Permit shall be considered null and .void. 16.56 The following uses may be permitted without the required advertising and posting required for hearings when such uses are deemed by the Council to be essential and/or desirable to the public conven- fence and welfare and not contrary to the General Plan or its objectives. Governmental facilities. Large scale housing developments. Public utility structures. And such uses as the Planning Commission may deem to be similar, but not more obnoxious and equally essential to serve the public welfare. Section 10. .Section 8.05 "Front Yard." Where all the frontage on one side of the street between two intersecting streets is located in a CB-1 District Zone or a C-2 District Zone, no front yard shall be required. Where the frontage on one side of the street between two intersecting streets is located in a CB-1 or a C-2 Zone and an R Zone, the front yard requirements of the "R" Zone shall apply to the CB-1 and the C-2 Zones. Section 11. Section 8.06 "Side Yard" is amended to read as follows: Where the side of a lot in a CB-1 District Zone or a C-2 District Zone abuts upon the side of a lot in any "R" Zone, there shall -22- _. , . , be a side yard of not less than 5 feet. When a reversed corner lot rears upon a let in any "R" Zone, the side yard on the street side of the reversed corner iot shall be not less than fifty (50) per cent of the front yard required on the lots in the rear of such corner lot, Section 12. The City Clerk is hereby ordered and directed to certify to the passage of this ordinance, and to cause the same to be published in the Lynwood Press, a newspaper of general circulation, printed and circulated in the City of Lynwood First read at a regular meeting of the City Council of said City held on 'the 20th day of September, 1966, and finally adopted and ordered published at a regular meeting. of .said Council held on the 4th day of October, 1966, by the following vote: Ayes: Councilmen Bvork, Duncan, Siokos, Smith, Stevens. Noes: Councilmen Absent: Councilmen CITY CLERK, CITY OFdLYNW00D -23- .. • ` . STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and ex-officio clerk of the Council of said city, do hereby certify that the above is a true and correct copy of Ordinance No. 808 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 5th day of October , 19~• ~.~r~f~-AAA n.~~~i~,~% ,CITY °CLERK, CITY OF°LYNWOOD-~~