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HomeMy Public PortalAboutOrd. 1625ORDINANCE NO. 1625 AN ORDINANCE OF THE CITY . COUNCIL OF THE CITY OF LYNWOOD RECOMMENDING APPROVAL OF ZONING CODE AMENDMENT 2009 -02 ADDING SECTION 25 -195 TO CHAPTER 25 OF THE MUNICIPAL ZONING CODE REGULATING TEMPORARY CANOPY STRUCTURES WHEREAS, the City has a rapidly growing and extreme proliferation of temporary canopy structures being used as carports in residential zones; and WHEREAS, temporary canopy structures violate setback requirements, accessory structure regulations, are unsightly, may decrease property values, and may pose as fire hazards; and WHEREAS, permanent and temporary structures are not permitted in driveways, front yard setback areas or street side yard setback areas per Lynwood Municipal Code Table 25 -20 -1; and WHEREAS, the Lynwood Municipal Code should be amended to directly address and regulate such temporary canopy structures; and WHEREAS, such regulations for temporary canopy structures shall protect public health, safety, welfare, aesthetics and property values in the City of Lynwood. NOW, THEREFORE THE PLANNING COMMISSION OF THE CITY OF LYNWOOD DOES HEREBY RECOMMEND APPROVAL OF THE AMENDMENT AS, FOLLOWS: Section 1. The Lynwood Municipal Code is hereby amended by adding Section 25 -195 to Chapter 25;'which shall read in its entirety as follows: Section 25 -195 REGULATION OF TEMPORARY CANOPY STRUCTURES IN RESIDENTIAL ZONES 25- 195.1 'Definitions 25 -195.2 Standards and Procedures 25 -195.3 Exceptions 25- 195.1 Definitions For the purposes of this Section, the following words and phrases shall be construed to have the meanings herein set forth. "Canopy Structures" shall mean all structures, canopies temporary carports, membrane structures or other canopies that are temporary coverings of plastic, cloth, nylon, or other similar materials supported by a frame, including, but not limited to, prefabricated canopies available from retail outlets. "Property" shall mean the real property or parcel of land or real estate as specified. "Temporary" shall mean a maximum of .seventy two (72) hours. 25- 195.2 Standards and Procedures Temporary canopy structures shall ,comp'ly with the following standards and procedures: .(a) Canopy structures shall not be allowed in driveways, front yard setback areas or side yard setback areas. (b) Canopy structures shall not exceed a height of seven feet (7) from grade to the highest,point of such temporary structure. (c) Canopy structures shall not be attached to a residence, accessory structure or other improvement. (d) Canopy structures shall not be used as carports nor be installed over a driveway or other paved area that has vehicular access or is used for vehicle storage. (e) No parking or storage shall be permitted in temporary canopy structures. (f) Canopy structures may remain for a maximum of seventy two (72) consecutive hours per three (3) month period. (g) Canopy structures shall be open on all sides. (h) Canopy structures may only be located in rear yards and shall be located a minimum of five feet (5) from the side and rear property lines. (i) Canopy structures shall be located a minimum of eleven feet (11') from residences, accessory structures, or other improvements. 0) Canopy structures shall not be larger than one hundred and fifty (150) square feet. (k) Canopy structures shall require a plot plan for planning approval. (1) Canopy structures in residential zones that exist at the time of this ordinance shall be removed immediately or comply with section 25 -195.2 (f) (m) Canopy structures are not allowed in Commercial or Industrial zones. 1 (n) Canopy structures that block visibility to a residence from a public right -of -way for privacy purposes, which otherwise meet the requirements herein, may be permitted for a time that exceeds 72 hours with the approval of the Development Services Director. 25 -195.3 Exceptions (n) A permit may be issued administratively'for a temporary canopy structure for special family or service events. Such exception shall not exceed seventy -two (72) hours and shall not be approved more than three (3) times per calendar year per property. (o) Nothing in this Chapter shall be deemed to affect or impair the City's right to determine that any property is being maintained in such a way as to constitute a violation pursuant to the provisions of this Chapter. Section 2. If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The 'Planning Commission of the City of Lynwood hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any . one or more sections, subsections, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional. Section 3. This Ordinance shall take effect thirty (30) days after final passage by the City Council. Section 4. The City Clerk of the City of Lynwood is hereby directed to certify to the passage of this Ordinance and to cause it to be published or.posted as required by law. First read at a regular meeting of the City Council held on the 15th day of December, 2009 and adopted and ordered published at a regular meeting of said Council on the '5th day of January, 2010. - PASSED, APPROVED, and ADOPTED this 5th day of January, 2010. Maria T. Santillan, Mayor ATTEST: Maria L. Quinonez, City Cler APPROVED AS TO FORM: Fred Galante, City Attorney APPROVED AS TO CONTENT: JopOfihan Colin, Director of D velopment Services �F „ . , STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 5th day of January, 2010. AYES: COUNCIL MEMBERS FLORES, MORTON, CASTRO, AND SANTILLAN NOES: NONE ABSENT: COUNCIL MEMBER RODRIGUEZ ABSTAIN: NONE Maria Quinonez, City Clerk �,J STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No.1625 in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 5th day of January, 2010. Maria Quinonez, City Clerk