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HomeMy Public PortalAboutOrd. 1634ORDINANCE NO. 1634 AN ORDINANCE OF THE CITY OF LYNWOOD AMENDING ARTICLE 150 OF CHAPTER 25 RELATING TO SITE PLAN REVIEW APPROVAL WHEREAS, the Lynwood Municipal Code ( "Code ") currently contains inconsistencies related to Site Plan Review Approval; and WHEREAS, the Code currently limits the types of projects that are subject to Site Plan Review Approval; and WHEREAS, the City wishes to eliminate inconsistencies in the Code related to Site Plan Review Approval and to establish and expand the types of projects that would qualify for Site Plan Review Approval; WHEREAS, the it has been determined that the proposal is categorically exempt from the provisions of the California Environmental Quality Act ( "CEQA "), pursuant to Sections 15060(c)(2) and 15061(b)(3) of the State Guidelines, as amended. WHEREAS, the City Council has considered the Planning Commission's recommendation and all of the written and oral testimony offered at the public hearing held on August 10, 2010 concerning the proposed ordinance; and WHEREAS, the City Council desires to enact regulations to guide the site plan review approval process. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Article 150 of Chapter 25 of the Lynwood Municipal Code is hereby deleted and the new Article 150 is to read in its entirety as follows: "Article 150 Site Plan Review Approval" § 25- 150.010 Purpose § 25- 150.020 Application Requirements § 25- 150.030 Required Site Plan Review Contents § 25- 150.040 Proceedings § 25- 150.050 Finality of Commission Decision and Effective Date § 25- 150.060 Basis for Approval or Denial of Conditional Use Permit § 25- 150.070 Time Limits § 25- 150.080 Site Plan Review Approval Attached to the Property §25-150.010 Purpose The City recognizes that new development, in order to provide for safe and efficient circulation, compatibility with surrounding uses, attractive and efficient designs, and the provision of required landscaping, open space, and other areas, requires the formal review and approval of a detailed Site Plan Review. The Site Plan Review Approval process is provided for this purpose. § 25- 150.020Application Requirements Applications for Site Plan Review Approval shall be submitted for those uses specified as requiring Site Plan Review Approval in the applicable zoning district in Appendix A, "Uses by Zoning District', of this chapter and those listed below: A. Residential projects involving the construction of new buildings; B. Commercial or industrial projects involving new buildings, new construction or building additions; C. Wireless antennas that meet criteria established in 25 -80.3 (1) of the Lynwood Municipal Code; D. Commercial and industrial building fagade remodels; and E. Major exterior modifications to a historical structure. § 25- 150.030 Required Site Plan Review Contents Each Site Plan Review shall set forth in text, maps, and diagrams the following, unless determined by the Development Services Director to be unnecessary for a particular project. The Development Services Director may also require at his /her discretion the submission of additional information as needed for a particular project. A. An existing setting description which includes: 1. A description of the physical characteristics of the site; 2. Available public services and facilities; 3. The capacity of the existing circulation system; and 4. The existing and planned land use of adjacent properties. B. A discussion of specific objectives and limits for development of the property which recognize and respond to identified constraints. C. The level of public services and facilities required to serve the proposed development. D. Proposed access and circulation, including parking areas, loading areas, and pedestrian walkways. The Site Plan Review shall also detail any improvements to adjacent or off -site roadways required to serve the proposed development. E. Significant natural features and areas to be retained for common open space, and provisions for preserving, maintaining, and using those areas. F. Known man -made and natural hazards, and the methods for mitigating the hazards. G. Proposed grading and landscaping. H. Plans showing all proposed structures, including the following: 1. Footprints of all proposed buildings; 2. Elevations of all proposed buildings; and 3. Materials and colors to be used on the exteriors of all proposed buildings. § 25- 150.040 Proceedings A. An application shall be filed pursuant to the provisions of Section 25.100.020 of this Zoning Code. Upon acceptance of a Site Plan Review Approval application as complete, the Development Services Director or his /her designee shall review the application for conformance with the provisions of this Zoning Code. The Development Services Director shall forward the plans, project description, and other relevant -materials to the Site Plan Review Committee consisting of members of Environmental Services, Building & Safety Division, Redevelopment Department, Fire Department, Sheriff Department, Code Enforcement Division and any other entity deemed appropriate by the Development Services Director. The Development Services Director shall schedule the matter for a meeting with the project applicant and Site Plan Review Committee pursuant to the provisions of Chapter 25.100 of this Zoning Code. B. The Site Plan Review Committee members shall review the project and forward a recommendation with code requirements and conditions of approval to the Development Services Director. C. The Development Services Director shall act to approve, conditionally approve, or deny the application. D. The Development Services Director on behalf of the Site Plan Review Committee shall forward a letter containing its findings and decisions. The letter shall recite, among other things, the facts and reasons which make the granting or denial of the Site Plan Review necessary to carry out the provisions and general purpose of this Zoning Code. If the Site Plan Review is approved, the letter shall recite the conditions and limitations imposed, if any. § 25- 150.050 Finality of Development Services Director Decision and Effective Date The decision of the Development Services Director is considered final unless an appeal has been filed in accordance with section 25- 100 -6. The decision shall become effective ten (10) business days after the approval, unless an appeal has been timely filed. § 25- 150.060 Basis for Approval or Denial of a Site Plan Review The Development Services Director, or the Planning Commission on appeal, in acting to approve a Site Plan Review Application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land uses, and meets the provisions and intent of this Zoning Code. In making such a determination, the deciding body shall find that the proposed use is generally in accord with the following principles and standards: A. That the proposed uses are consistent with the General Plan; B. That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures; C. That the site for the proposed use is of adequate size and shape to accommodate the use and buildings proposed; D. That the proposed use complies with all applicable development standards of the Zoning District; and E. That the proposed use observes the spirit and intent of this Zoning Code. § 25- 150.070Time Limits A. Use of Approved Site Plan Review Any approved Site Plan Review, which is not used within the time specified in the grant of approval or, if no time is specified, within one (1) year of the effective date of such approval, shall render the approval expired. The final deciding body may extend such approval for a period of time not to exceed one (1) year, provided an application requesting the extension is filed prior to the original extension date. For purposes of this Section, "used" means the commencement of construction activity or any activity authorized by the grant of approval. B. Proceedings to Terminate Any proceeding to enforce the expiration of any approved Site Plan Review granted hereunder shall commence with a notice to the holder of the Site Plan Review of the City's intent to enforce the same and following the hearing process set forth in Section 25 -100 -5 of this Zoning Code. § 25- 150.080 Site Plan Review Approval Attached to the Property An approved Site Plan Review which is valid and in effect and granted pursuant to the provisions of this Zoning Code shall run with the land and shall continue to be valid upon change of ownership of the land unless the Site Plan Review activity ceases for a period of six (6) consecutive months." Section 2. Except as expressly modified pursuant to this Ordinance, all provisions of the Lynwood Municipal Code shall remain unmodified and in full force and effect. Section 3. If any section, subsection, clause or phrase of this ordinance is for any reason, held to be unconstitutional, or otherwise invalid, such decision shall not affect the validity of the remaining sections of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section 4. The City Clerk shall certify to the passage and adoption of this ordinance, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. This ordinance shall be in full force and effect thirty (30) days after its final passage and adoption, and within fifteen (15) days after its final passage, the City Clerk shall cause it to be published in a newspaper of general circulation. First read at a regular meeting of the City Council held on the 7th day of September, 2010 and adopted and ordered published at a regular meeting of said Council on 5th day of October, 2010. PASSED, APPROVED and ADOPTED this 5th day of October, 2010. �1cGJ Ma is T. Santillan, Mayor ATTEST: Maria Quinonez, City Clerk , Roger L Raley, CKY Manager Fred Galante, City Attorney APPROVED AS TO CONTENT: Jo athan Colin, Director of PZvelopment Services STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Ordinance was duly adopted by the City Council of the City of Lynwood at its regular meeting held on the 5`h day of October, 2010. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO, AND SANTILLAN NOES: ABSTAIN: ABSENT: aria Quinonez, City Clerk 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. 1634 in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 5th day of October, 2010. - Clerk r