ARTICLE 3
PLANNING COMMISSION
25-3-1 ESTABLISHED:
Pursuant to this municipal code, there is hereby established the “Lynwood planning commission”. The appointment and service of the members of the commission shall be as set forth in this municipal code. (Ord. #1563, §3)
25-3-2 TIME AND PLACE OF MEETINGS:
The regular meetings of the planning commission shall be held on the second Tuesday of each month. However, if the date of any such regular meeting falls on a holiday, the regular meeting shall be held on the next succeeding day that is not a holiday. Unless and until changed by resolution of the planning commission, the regular meetings shall be held at the hour of five o’clock (5:00) P.M. and shall be held at:
City Hall Council Chambers
11330 Bullis Road
Lynwood, CA 90262
The planning commission may, by resolution, change the location of its regular meetings. In the event the location designated by this article or subsequent planning commission resolution is unavailable for a regular meeting, the planning commission secretary shall cause notice of the same to be provided to the commission, the press, applicants having items scheduled on the agenda, and any member of the public requesting the same. The planning commission secretary shall further cause notice of the change in meeting location to be posted on the door of the regular meeting location at least four (4) hours prior to the meeting. Such notice shall include the address and directions to the location where the meeting will be held. (Ord. #1563, §3; Ord. #1630, §4)
25-3-3 SPECIAL MEETINGS:
A special meeting may be requested at any time by the chair or by three (3) of the members of the planning commission by written notice to each member and to each person or entity entitled by law at least seventy two (72) hours before the time of such special meeting, as required under Government Code section 54956. Such special meetings shall be approved by the city manager. (Ord. #1630, §5)
25-3-4 COMPOSITION AND APPOINTMENT OF MEMBERS:
The planning commission shall consist of five (5) members who shall be appointed by the city council. (Ord. #1630, §6)
25-3-5 MEMBERS TO BE RESIDENTS:
Members of the planning commission shall be residents of the city; and any member of the planning commission shall be automatically deemed to have resigned from the planning commission, and his or her office as a member thereof shall be automatically vacated, upon such member having ceased to be a resident of the city. (Ord. #1563, §3)
25-3-6 TERM OF OFFICE:
The term of office for the planning commission shall be four (4) years. (Ord. #1563, §3)
25-3-7 ABSENCES:
The chairman of the planning commission shall forthwith notify the city council when any member is absent without having been excused therefrom by the commission, for three (3) consecutive regular meetings of the planning commission. (Ord. #1563, §3)
25-3-8 REMOVAL OF MEMBERS:
Any member of the planning commission may be removed by the mayor, with the concurrence of the city council, without cause. (Ord. #1563, §3)
25-3-9 VACANCIES:
If a vacancy shall occur on the planning commission, other than by expiration of term, it shall be filled by appointment of the city council for the unexpired portion of the term. (Ord. #1563, §3)
25-3-10 COMPENSATION:
Members of the planning commission shall serve with such compensation as the city council may from time to time provide, and they may be reimbursed for actual and necessary expenses incurred in connection with official business of the planning commission to the extent authorized by the city council. (Ord. #1563, §3)
25-3-11 ORGANIZATION:
The planning commission shall select from its members a chairman and a vice chairman, each of whom shall serve for a period of one year. (Ord. #1563, §3)
25-3-12 CONDUCT AT MEETINGS:
This municipal code shall apply to all meetings of the planning commission, excepting that references to the city council, council member, or legislative body shall be deemed to apply to the planning commission and/or the members thereof. All references to the mayor or presiding officer shall be deemed to apply to the chair of the planning commission. All references to the mayor pro tem shall be deemed to apply to the commission’s vice chair. The meetings shall be conducted in accordance with “Robert’s Rules Of Order.” (Ord. #1563, §3)
25-3-13 PUBLIC HEARING PROCEDURES:
The planning commission shall follow the same procedures for the conduct of public hearings as those adopted by the city council or as the same may be hereinafter amended or modified. (Ord. #1563, §3)
25-3-14 DESIGN REVIEW AUTHORITY OVER DISCRETIONARY ZONING ENTITLEMENTS:
For development applications encompassing new or substantially rehabilitated buildings or structures requiring discretionary approval from the planning commission pursuant to this code, the planning commission, in addition to other duties prescribed under this code, shall be authorized to ensure that the nature and appearance of land uses and developments will be compatible and harmonious with the use and enjoyment of surrounding properties and will not have a detrimental effect upon the historic, economic, social, and cultural well being and development of the community. “Substantially rehabilitated,” as used herein, shall mean reconstruction that exceeds fifty percent (50%) of the appraised value of such structure. (Ord. #1639, §12)
25-3-15 EXEMPTIONS FROM DESIGN REVIEW:
The following development applications are exempt from section 25-3-14:
A. Any development application not requiring discretionary approval from the planning commission shall be exempt from the provisions of this section.
B. Building permits required for the temporary emergency repair of any structure in any zone shall be exempt from the provisions of this section. (Ord. #1639, §12)
25-3-16 REQUIRED PLANS AND MATERIALS FOR DESIGN REVIEW:
The plans to be submitted for review under section 25-3-14, and provided in conjunction with the application required under this code for any approval of new or substantially rehabilitated buildings or structures requiring discretionary review before the planning commission, shall include those items listed below which are determined by the director of development services to be necessary to be submitted to the planning commission:
A. A site plan depicting:
1. The complete dimensions of the lot and site plans;
2. All existing and proposed buildings and structures;
3. All existing and proposed street dedications and improvements thereon, including the location and nature of all street improvements in the public right-of-way;
4. The location of all utility services;
B. Architectural drawings, renderings, or sketches showing all elevations of the proposed buildings and structures as they will appear upon completion and the texture and color of all construction materials to be used;
C. All existing and proposed yards and spaces between buildings and structures;
D. All existing and proposed walls, fences, and landscaping, including the location, height, area, color, nature, and type of design and material composition for the walls and fences;
E. A landscape plan showing the location of the trees and shrubs (proposed to be removed, retained, or installed), the amount, height, type, and location of landscaped areas, planting beds, and plant materials, and provisions for irrigation;
F. All existing and proposed lighting, including the location and general nature of both off-site and on-site lighting, the proposed intensity thereof, and the diffusion thereof;
G. The exterior lighting plan showing the location, materials, and colors of the illumination; and
H. Such other drawings or additional information necessary to adequately consider the drawings set forth in this section and determine compliance with the purpose and intent of the design review authority of the planning commission. (Ord. #1639, §12)
25-23.17 DESIGN REVIEW PROCEDURES:
A. Development Services Department Duties: The director of development services shall notify the applicant and property owner of the subject property of the date, time, and place of the planning commission meeting at which its application shall be considered. Such date shall be within forty-five (45) calendar days after the date of notification of said meeting.
B. Planning Commission Duties: The planning commission shall have the following duties for design review:
1. Review: The director of development services shall present to the planning commission the original application and plans, including any amendment(s) thereto, and copies of all other relevant papers, along with a written report describing the application, background and any recommendation of the director of development services. The planning commission shall be responsible for reviewing all plans and drawings as part of any request for a discretionary zoning entitlement under the provisions of this section and shall either approve, deny, or conditionally approve such request as part of the planning commission’s consideration of the discretionary zoning entitlement.
2. Criteria: All plans and drawings required by this section shall meet the criteria of this section. Conditions may be recommended when the proposed improvements do not comply with the applicable design standards or criteria and shall be proposed to bring such improvements into conformity.
3. Continuance: The planning commission may continue its review from time to time, to a time and date certain.
4. Determinations And Findings: The determinations of the planning commission in reviewing the design of and the findings in support of said recommendation shall be in the form required pursuant to the provisions of this code applicable to the particular zoning entitlement at issue.
5. Appeals To The City Council: The planning commission determination shall be final, unless appealed to the city council or its designated hearing officer, in accordance with this code. (Ord. #1639, §12)
25-3-18 DESIGN REVIEW FINDINGS:
For every application subject to design review pursuant to section 25-3-14, the planning commission shall base its decision on the following findings:
A. That the proposed development plans and design features will integrate harmoniously with, and enhance the character and design of, both the immediate neighborhood and the surrounding areas of the city.
B. That the plan and design will enhance the desirability and enjoyment of the immediate neighborhood.
C. That the plan and design of the buildings, parking areas, signs, landscaping, lighting, and other site features indicate that consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual impacts of the development from the view of the public streets.
D. That the plan and design shall tend to enhance property values and appearance in the immediate neighborhood and surrounding areas with an accompanying betterment of conditions affecting the public health, safety, and welfare. (Ord. #1639, §12)
25-3-19 DESIGN REVIEW FACTORS AND CONSIDERATIONS:
For every application for design review, the planning commission shall consider the following factors in applying criteria when making findings with respect to site plan and design review:
A. The height, bulk, and other design features of all structures should be in proportion to the building site with a balance and unity among external features so as to present a harmonious appearance.
B. The design of structures and grounds should contribute to the physical character of the community while maintaining a harmonious relationship with the existing and proposed adjoining development.
C. The layout, orientation, and location of structures and their relationship to one another and to open spaces, parking areas, pedestrian walks, signs, illumination, and landscaping should be interrelated and arranged as to achieve an efficient and harmonious development.
D. Each building shall reflect due consideration of a total design concept which shall be an integral part of the design treatment and architectural detail accomplished in a professional manner consistent with good design practices.
E. The grading and development of sites should be accomplished with due regard for the qualities of the natural terrain and landscape; trees, shrubs, and other natural features should not be indiscriminately destroyed.
F. The location and type of landscape plantings should consider the following:
1. Landscaping should separate or screen storage, parking, and service areas from the street and adjoining building sites.
2. Landscaping should break up large expanses of paved areas.
3. Landscaping should separate building areas from paved areas.
G. The design, size, lighting, placement, and character of signs should be appropriately related to the structures and grounds and be in harmony with the general development of the site and the surrounding neighborhood.
H. The mechanical equipment or machinery, trash, and other exterior service areas necessary to serve the structure should be concealed or treated in a manner which is in harmony with the design of the structures and grounds.
I. When a site subject to design review is within or adjacent to a residential zone, the proposed improvements to such site should show consideration for the R zoned district and not impinge upon the character or value of the residential area. (Ord. #1639, §12)
25-3-20 ADMINISTRATION OF APPROVED PLANS:
If there is substantial change from the original design plans, the matter or plans shall be resubmitted to the planning commission, subject to all of the provisions of this section, as if it were a new design review. (Ord. #1639, §12)
25-3-21 PARKING AND BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD DUTIES:
The Lynwood planning commission shall further have the duties pursuant to Section 36500 et seq. of the Streets and Highway Code of the State of California formerly performed by the Parking and Business Improvement District Advisory Board (PBID) established on November 27, 1985, Ordinance 1262. The planning commission shall meet to perform the duties of the PBID on those dates and times which coincide with the meeting times and dates of the planning commission and only when business of the PBID is required to be transacted. (Ord. #1639, §12)
25-3-22 OTHER CITY DUTIES:
Nothing in this section 25-3 is intended to restrict the powers and duties otherwise pertaining to any city body, agency, commission, or staff. (Ord. #1639, §12)