ARTICLE 10
GENERAL DEVELOPMENT STANDARDS

25-10-1: INTENT AND PURPOSE:

The development standards contained in this article are general in nature and apply to all zoning districts, unless otherwise indicated. These standards are provided as minimum or maximum standards and may be modified by more stringent standards in particular districts and/or due to specific situations. The primary intent of this article is to provide generally acceptable standards of development for Lynwood. (Ord. #1563, §3)

25-10-2: MAINTENANCE OF PROPERTIES:

All properties within the city shall be kept and maintained in a clean, neat, orderly, operable, and usable condition. This requirement applies to buildings, paving, fences, walls, landscaping, water, earth, and any other structures or natural features. (Ord. #1563, §3)

25-10-3: NUISANCES:

Neither the provisions of this zoning code nor the granting of any permit provided for in this zoning code shall authorize or legalize the creation or maintenance of any public or private nuisance. (Ord. #1563, §3)

25-10-4: FRONT LOT LINES:

Occasionally, a lot is adjacent to more than one street. In such cases, the following requirements shall be observed in identifying the front lot line:

A. When a lot exists between two (2) developed lots which both abut the same street, the front lot line shall be on the same street as the existing developed lots on either side.

B. When a lot is adjacent to vacant lots or developed lots which abut either street, the following criteria shall apply:

1. Where one street is of a higher classification than the other, the lot line fronting the street with the lower classification shall be the front lot line.

2. If the lot in question is a corner lot and both streets are of the same classification, the narrower of the two (2) frontages shall be designated the front lot line.

3. The development services director shall make the determination when the above criteria cannot be clearly applied to the particular situation as a result of topography or other factors.

C. The front lot line for a corner lot or a reverse corner lot is the lot line which fronts the street with the lower classification. If both streets are of the same classification, the narrower of the two (2) frontages shall be designated the front lot line, except in those cases where the subdivision or parcel map specifies another line as the front lot line.

D. The front lot line for a cul-de-sac lot is that lot line which abuts the cul-de-sac street. (Ord. #1563, §3)

25-10-5: FRONT YARDS; REQUIRED SETBACKS:

A. Through Lots: Both frontages of a through lot shall have a minimum setback from both streets of twenty feet (20'), unless the provisions of this zoning code allow for reduced nongarage and rear setbacks for shallow lots.

B. Key Lots: The depth of the required front yard of a key lot shall not be less than the average depth of the street-abutting yards of the adjoining interior and reversed corner lots. The garage portion of the primary structure shall require a minimum front yard setback of not less than twenty feet (20').

C. Flag Lots: A lot not meeting minimum frontage requirements and where access to the public road is by a narrow, private right of way or driveway. Flag lots are discouraged throughout the city of Lynwood and are not permitted in any new subdivision.

D. Reverse Corner Lots: Lots that abut the side yard of an adjacent lot, where the side yard of the subject lot also abuts a public street. The side yard setback for a reverse corner lot is fifteen feet (15') as illustrated in figure 10-1 of this section.

FIGURE 10-1

REVERSE CORNER LOT EXAMPLE

(Ord. #1563, §3)

25-10-6: LOT STANDARDS:

A. Area: If a portion of a lot or parcel of land is acquired by any means including dedication, purchase, or condemnation, or for any public use including recreation, services, or utilities, that lot or parcel shall be considered conforming as long as the area is reduced to no less than ninety percent (90%) of the minimum required area for the zoning district in which the lot or parcel is located. The planning commission shall have the authority to reduce the ninety percent (90%) minimum required area pursuant to all the conditions and procedures relating to minor variances found in article 140 of this chapter.

B. Width: If a portion of a lot or parcel is acquired by any means, including dedication, purchase, or condemnation, or for any public use which may include recreation, services, or utilities, that lot or parcel shall be considered conforming as long as the width is not reduced by more than thirty percent (30%). In no case, however, shall a lot less than forty feet (40') in width be considered conforming. (Ord. #1563, §3)

25-10-7: PROJECTIONS INTO YARDS:

A. All required yard areas shall be open and unobstructed from finished grade to the sky, except that projections into yard areas shall be permitted as indicated in table 10-1, section 25-10-8 of this article. The architectural projections listed in the table must be attached to the principal building existing or planned on the lot.

B. Detached accessory structures may encroach into required side and rear yard setback areas provided that a minimum setback of five feet (5') shall be observed for all side and rear property lines.

C. Existing residential structures that encroach into required setback areas in all residential zones may apply for one-story addition development permits provided that the addition meets all conforming required setbacks. (Ord. #1572, §1)

25-10-8: CLEAR AREAS:

A. In all zoning districts, a clear corner area for sight visibility purposes shall be provided at the intersection of all streets. The required clear corner area shall be determined by using the following method:

1. Extend the right of way lines to a point of intersection.

2. Measure back the required distance (10 for driveways or 30 feet for streets) along a line beginning at the point of intersection and bisecting the angle created by the right of way lines.

3. Create a line perpendicular to the line from subsection A2 of this section which extends to the curbs or driveway edges, as shown below.

4. The area enclosed by the curbs, driveway edges, and the line created in subsection A3 of this section is the required clear corner area.

B. No structure or projection shall be permitted within three feet (3') of any lot line except as provided for in table 10-1 of this section.

C. Nothing shall be placed or allowed to grow in the clear corner area in a manner which obstructs visibility or threatens vehicular or pedestrian safety, as determined by the city engineer.

D. Traffic control devices, traffic signs, utility poles, transformers, or pedestals or other traffic control devices or street furniture in excess of thirty inches (30") in height may be located within the clear corner area.

E. Due to roadway geometrics and traffic characteristics, a greater visibility area may be required to minimize visual obstruction to motorist and pedestrians, as determined by the city engineer.

 

TABLE 10-1

MAXIMUM PERMITTED PROJECTIONS INTO REQUIRED YARD AREAS

Feature	Front And Street Side Yards	Rear	Interior Side Yards And Courts	Maximum Projection Above Height Limit
	Maximum Projection Into Yard Area1	Maximum Projection Into Rear Yard Area	Maximum Projection Into Side Yard Area1
Antennas/satellite dishes	Not permitted	Allowed - see article 80 of this chapter	Not permitted	See article 80 of this chapter
Architectural projections: cornices, eaves, porte cochere, and roof overhangs	2'0"	4'0"	2'0"	Not permitted
Awnings	4'0"	4'0"	2'0"	Not permitted
Balconies or stairways and stairway landings	2'6"	2'6"	2'0"	Not permitted
Barbecue/firepit structures:
With sink	Not permitted	No closer than 5'0" to any property line	No closer than 5'0" to any property line	n/a
Without sink	Not permitted	No closer than 3'0" to any property line	No closer than 3'0" to any property line	n/a
Bay windows2	4'0"	4'0"	2'0"	n/a
Chimneys	4'0"	4'0"	2'0"	Per minimum height above roof established by the UBC
Decks 30" above grade, not to exceed first story or 7'6"	Not permitted	4'0"3	2'0"	n/a
HVAC, mechanical equipment, window mounted air conditioners	Not permitted	3'0"	2'0"	Not permitted
Patios, enclosed4	Not permitted
Patios, open4	Not permitted in front yard; 4'0" projection permitted into side yard	15'0" and minimum 5' from rear lot line	Not allowed	Not permitted
Pool equipment (5,000+ gallons)	Not permitted in front yard; see note 5 for street side yards	May project any distance into rear yard, provided the following distances are maintained: - If adjacent to open space, nonresidential zoning district, or street, must be at least 5' from any property line - If adjacent to other residence(s), must be at least 10' from rear property line, 5' from side property line	2'0"	n/a
Swimming pools and spas (5,000+ gallons)	Not permitted in front yard5	No closer than 5'0" to any property line	Not permitted, except in street side yard	n/a

Notes:

1.    On a corner lot, projections permitted in a front yard setback also apply to a street side yard.

2.    Bay windows shall have no livable area, and shall encroach no closer than 3 feet to the property line.

3.    For decks in rear yards where the rear yard abuts public open space or permanent private open space that is maintained by the city, a homeowners’ association, or similar entity, the deck may project to within 5 feet of the rear property line.

4.    These projections apply to the patio structure itself, and not to any paving or other “flatwork” less than 30 inches above grade which does not require a building permit.

5.    Pool or spa and associated equipment may project into street side yard but must maintain 5 foot separation from side property line.

(Ord. #1563, §3)

25-10-9: RIGHT OF WAY DEDICATION:

A. Dedication And Improvement:

1. A certificate of occupancy shall not be issued for any site, building, or structure until all required dedications and improvements abutting rights of way for the site, building, or structure have been made to the ultimate right of way shown in the general plan and as determined by the city engineer. Improvements shall include, but are not limited to, curbs, gutters, sidewalks, paving, street trees, traffic improvements and drainage. All improvements shall be constructed to the specifications and in a manner prescribed by the city engineer. All on site and off site improvements shall be approved and accepted by the city engineer prior to issuance of a certificate of occupancy.

2. In lieu of dedication, the city council may accept an irrevocable offer to dedicate and improve. Such agreement shall be signed by all persons having any right, title, interest, or lien in the property, or any portion thereof, to be dedicated. The signatures on such offer shall be acknowledged, and the agreement shall be recorded in the office of the Los Angeles County recorder prior to issuance of a certificate of occupancy.

B. Exceptions: In cases where the strict application of this zoning code fails to meet community objectives as identified in the general plan, modifications to right of way dedication and improvement requirements may be authorized by the city council.

C. Dedication Standards: Highways, streets, and alleys to be dedicated shall be built to standards as established by the city engineer to qualify for dedication.

D. Agreement To Improve:

1. In lieu of the required improvements and if in the best interest of the city, the city council may accept from any responsible party an agreement to make the specified improvements within a specified time period.

2. Such agreements shall be accompanied by security deposits which may include cash, negotiable bonds, or savings and loan certificates, letters of credit, or other security as authorized by the city engineer. The security deposit shall equal the cost of the agreed upon improvements. Where savings and loan certificates or deposits are deposited, the owners thereof shall assign the certificates to the city and administration adjusted for inflation as determined by the city engineer. Such deposit and assignment shall be subject to and in compliance with the provisions and conditions of this zoning code.

3. If the estimated cost of the improvements equals or exceeds one thousand dollars ($1,000.00), the applicant may file a corporate surety bond (improvement bond) with the city in lieu of the deposit. Such corporate surety bond shall guarantee the adequate completion of all of the improvements in a penal sum equal to the estimated cost.

4. In cases where the stipulated time within which improvements were to be made expires, the city council may grant additional time as it considers appropriate. Granting of additional time shall include recalculation of improvement costs and security deposits. The extension must be granted prior to expiration of the time limit.

5. Should the responsible person fail to complete any improvement within the agreed upon time, the city council may determine that the agreed upon improvement is incomplete and may cause a portion of the deposit or surety bond to be forfeited to the city to complete or correct the work. Such forfeiture shall not exceed the amount required to complete the agreed upon work and expenses incurred by the city as a result of the default. Not less than ten (10) days prior to such a determination, the city shall serve the person with written notice. If the written notice is delivered by mail, it must be sent by certified mail and shall be served not less than twenty (20) days prior to the determination. If after ten (10) days the city has not received the return receipt or the letter is returned to the city “refused”, the same shall be sent by regular first class U.S. mail and a declaration of mailing completed and filed.

E. Adequate Rights Of Way: The city council may grant a modification to the provisions of this section, thereby relieving the applicant from compliance with all or a portion of the provisions thereof, subject to the following findings:

1. That relieving or partially relieving the applicant’s development from providing the required dedications and improvements is consistent with the general plan and the best interest of the city of Lynwood; and

2. The required improvements are included in a budgeted city project which will be complete prior to the start of the applicant’s development or within an approved assessment district and the improvement can be more effectively provided by the city; or

3. The required construction would create a temporary drainage or traffic problem that can be avoided by delaying the improvement to a later date as part of comprehensive improvements to the area; or

4. The city engineer determines current improvements to be satisfactory.

All requests for modifications shall be made in the form of a major variance application, as specified in article 135 of this chapter. (Ord. #1563, §3)

25-10-10: BUILDING HEIGHT:

The height limits for buildings are described in articles 20 through 40 of this chapter for each of the individual zoning districts. Building height shall be defined and measured as prescribed in the California building code. (Ord. #1563, §3)

25-10-11: LANDSCAPING:

Landscaping shall be provided, irrigated and maintained as required by the development services director, pursuant to this code and the policies of the city general plan, each of which may be amended from time to time. (Ord. #1563, §3)

25-10-12: FENCES, WALLS, AND HEDGES:

A. Definitions:

CAP: The horizontal surface atop a column.

COLUMN: The vertical supporting member located between fencing or which flanks a gate entrance.

DECORATIVE: Aesthetically significant in design and construction with a nondetracting color, and a compatible finish that is consistent with the main dwelling and adjacent properties, such as brick or concrete pilasters.

DECORATIVE COLUMN: A vertical supporting member with an aesthetically significant textured surface, including, but not limited to, stucco, split face, stone veneer, brick veneer, wood veneer, solid stone, solid brick, solid wood and glass block.

HEIGHT: The height of a fence, wall or hedge shall be measured from the top of the said fence, wall or hedge to the finished grade.

B. Development Standards:

1. Height:

a. Residential Districts: The maximum height of all fences, walls, and hedges behind the front yard setback is six feet (6'). Fences and walls within the front yard setback shall not exceed forty eight inches (48"), and hedges within the front yard setback shall not exceed thirty six inches (36"), unless otherwise stated in this article.

b. Commercial And Manufacturing Districts: The maximum height of all fences, walls, and hedges behind the front yard setback is eight feet (8'). Fences and walls within the front yard setback shall not exceed forty eight inches (48"), and hedges within the front yard setback shall not exceed thirty six inches (36"), unless otherwise stated in this article.

2. Retaining And Crib Walls: The heights of any portion of wall or fence, which retains earth or water, except in the required front yard, shall be limited as follows. The height of the wall shall not include any guardrail or open fence required by the uniform building code or the city.

3. Walls Built On Slopes Of Less Than Fifteen Percent Grade: For walls constructed on slopes with a less than fifteen percent (15%) grade, the fence and wall heights specified in subsection B1 of this section shall apply.

4. Alternative To Height Limit Of Retaining Walls: Stepping or retaining walls is permitted subject to approval of a planning use permit. Stepping is allowed, provided that the minimum horizontal distance between the top of the down slope retaining wall, fence, and/or landscaping, and the bottom of the up slope retaining wall, fence, and/or landscaping, shall be equal to the vertical height of the down slope retaining wall, fence, and/or landscaping. Approval shall be considered when the wall is landscaped and does not create conditions or situations that may be detrimental or incompatible with other permitted uses in the vicinity. Any guardrails required by the building official shall be open type guardrails, and the rail shall be exempted from maximum required height measurements. Crib walls with a vertical slope of at least one-half to one (1/2:1) are exempt from these stepping requirements.

5. Clear Area: The clear area requirements contained in section 25-10-8 of this article shall apply.

6. Height: Decorative fences and decorative columns with caps located in the front yard area shall not exceed forty eight inches (48") in height.

7. Fence Supports: No solid decorative walls located in the front yard shall be greater than twenty four inches (24") in width and not spaced closer than eight feet (8') apart.

8. Fence Material: Notwithstanding other requirements herein, fences may only consist of one of the following materials:

a. Wrought iron (black or white only).

b. Wood picket or PVC picket.

c. Block.

9. Spacing: Open fence material shall not exceed two inches (2") in width nor be spaced less than four inches (4") apart. Solid block walls are not permitted in the front yard setback, except the required supports consistent with subsection B7 of this section.

10. Retaining Walls: The height of retaining walls in the front yard shall be equal to or less than thirty inches (30"). The total height of any wall in a front yard, including a retaining portion, shall be equal to or less than forty eight inches (48").

11. Opening: Fences or walls shall provide a gate or other suitable opening no less than thirty inches (30") in width to provide access to primary or accessory structures.

C. Prohibited Fence Materials: Fences, in their entirety, or portions thereof, shall not be comprised of the following materials:

1. Chainlink.

2. Barbed wire.

3. Chicken wire.

4. Razor wire.

5. Fiberglass.

6. Corrugated plastic.

7. Gypsum board.

D. Exempt From Amortization: Fences which were legally constructed prior to the adoption of this zoning code, but made nonconforming as a result of the adoption of the zoning code, are exempt from amortization.

E. Permit Required: All new fences in all zoning districts, including block walls, require a permit from the development services department, planning division. All applications for a city permit for installation of a fence shall:

1. Be made in writing upon the application form approved by the city manager or his or her designee, and be accompanied by the permit fee set by and amended by city council resolution; and

2. Include a plot plan that identifies the location of the fence(s); and

3. Include an elevation plan containing a description of the materials to be used in constructing the fence and/or the fence supports and all of the dimensions, including, but not limited to, width, height, depth, and length of the fence and/or the fence supports; and

4. Include a notarized letter from all abutting landowners consenting to the location of the fence. In absence of the notarized letter, a survey from a licensed engineer delineating the property lines of the person applying for the fence permit.

F. Notice Of Granting Or Rejecting Of Permit: The department of development services director or his/her designee shall notify the applicant of the decision to grant or deny the permit. In the case of denial, the applicant shall be notified of his/her right of appeal to the planning commission.

G. Right Of Appeal To Planning Commission:

1. The decision of the director of development services may be appealed to the planning commission in accordance with this code.

2. In considering the appeal, the planning commission shall determine whether the applicant demonstrated that the fence has met the following criteria:

a. Aesthetically attractive;

b. Compatible with surrounding properties;

c. Demonstrates continuity of design with other conforming fences on surrounding properties;

d. Not harmful to public health, safety or welfare.

3. Notice of the planning commission’s decision shall be mailed to the appellant within ten (10) business days of the decision personally, or by certified United States mail, return receipt requested. The decision shall include notification of section 1094.6 of the California Code of Civil Procedure. Should the certified mailed notice be returned to the city for any reason, the city shall cause a copy of the same to be mailed to the property owner shown on the last equalized assessment roll by regular first class mail with postage fully paid.

4. On appeal, the planning commission shall conduct the hearing and may uphold, reverse, or amend any decision of the director of development services. The decision of the planning commission shall base its decision on findings. (Ord. #1619, §2)

25-10-13: DESIGN COMPATIBILITY AND ENHANCEMENT:

A. Any new building or structure, any addition to an existing building or structure, and installation or construction of any site improvements shall be designed to create a unified functional and comprehensive site plan. The improvements shall have an integrated architectural theme that is compatible with and will complement and enhance the subject and surrounding properties, as determined by the development services director.

B. For residential subdivisions which have been subdivided by a master builder or developer for the purpose of constructing a unified subdivision, new units constructed within that subdivision shall be compatible in design with units constructed during earlier phases. This requirement shall not apply to custom lot or custom home sales subdivisions. (Ord. #1563, §3)

C. Exterior colors shall consist of neutral or earth tone colors for buildings and structures. Trim and architectural features may consist of brighter colors. Upon construction of a new residence or second story addition, all structures on the property shall require authorization of city approved colors. (Ord. #1572, §3)

25-10-14: ROOF APPURTENANCES:

All roof appurtenances including, but not limited to, air conditioning units and mechanical equipment, shall be shielded and architecturally screened from view from on site parking areas, public streets from a point immediately adjacent to the site, and adjacent residentially zoned properties. Solar water heaters shall be exempt from this requirement. (Ord. #1563, §3)