Honorable Mayor and Members of the City Council. Elizabeth Corpuz, Director of Planning and Building Services

Transcription

1 Page 1 of 8 14-I TO: ATTENTION: FROM: SUBJECT: Honorable Mayor and Members of the City Council Jeffrey L. Stewart, City Manager Elizabeth Corpuz, Director of Planning and Building Services Consideration and possible action to waive further reading and adopt Ordinance No An Ordinance amending Chapter (Town Center District) of the Bellflower Municipal Code (BMC) to dissolve the Town Center Design Review Committee and to eliminate the application and review procedures for projects requiring Town Center Design Review Committee approval. DATE: March 25, 2019 EXECUTIVE SUMMARY Ordinance No was introduced on March 11, Accordingly, second reading and adoption is recommended. If adopted, the ordinance will take effect in 30 days. RECOMMENDATION TO CITY COUNCIL 1) Waive further reading and adopt Ordinance No. 1373; or 2) Alternatively, discuss and take other action related to this item. FISCAL IMPACT None. ATTACHMENTS Ordinance No March 11, 2019, Staff Report... 7

2 Page 2 of 8 CITY OF BELLFLOWER ORDINANCE NO AN ORDINANCE AMENDING CHAPTER (TOWN CENTER DISTRICT) OF THE BELLFLOWER MUNICIPAL CODE ( BMC ) TO DISSOLVE THE TOWN CENTER DESIGN REVIEW COMMITTEE AND TO ELIMINATE THE APPLICATION AND REVIEW PROCEDURES FOR PROJECTS REQUIRING TOWN CENTER DESIGN REVIEW COMMITTEE APPROVAL THE CITY COUNCIL DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds and declares as follows: A. The City Council desires to amend the BMC to dissolve the Town Center Design Review Committee (TCDRC) and to eliminate the application and review procedures for projects requiring Town Center Design Review Committee approval; B. The City of Bellflower is proposing Zoning Ordinance Text Amendment Case No. ZOTA 19-01, to amend Bellflower Municipal Code ( BMC ) Chapter (Town Center [TC] District); C. The City reviewed this Ordinance pursuant to the California Environmental Quality Act (Public Resources Code 21000, et seq., CEQA ), the regulations promulgated thereunder (14 Cal. Code of Regulations 15000, et seq., the CEQA Guidelines ); CEQA, CEQA Guidelines and Bellflower Guidelines collectively referred to as CEQA Regulations ); D. Notices of Public Hearings before the Planning Commission and City Council were duly given and published in the time, form, and manner as required by law; E. On February 19, 2019, the Planning Commission held a public hearing to receive public testimony and other evidence regarding the proposed amendment, including information provided to the Planning Commission by City staff and public testimony; F. On February 19, 2019, the Planning Commission adopted Resolution No. PC recommending the City Council approve ZOTA 19-01; G. On March 11, 2019, the City Council held a public hearing to receive public testimony and other evidence regarding the proposed amendment, including information provided by City staff and public testimony; and Page 1 of 5

3 Page 3 of 8 City of Bellflower Ordinance No Page 2 of 5 H. This Ordinance and its findings are made based upon the entire administrative record including testimony and evidence presented to the City Council at its March 11, 2019 hearing and the staff report submitted by the Planning Department. SECTION 2. Zoning Ordinance Text Amendment Findings. Pursuant to BMC , the City Council makes the following findings: A. This proposed Ordinance will not adversely affect any property in the City as to value or precedent and will not be detrimental to any area of the City. The Ordinance would simply update the BMC by dissolving an inactive review committee (i.e., Town Center Design Review Committee) and eliminate duplicative review process (i.e., Town Center Design Review) for projects located within the Town Center District. B. This Ordinance promotes public health, safety and general welfare by among other things, streamlining the review process by eliminating the need for a Town Center Design Review process for projects located within the Town Center District. Rather than subjecting projects through the Town Center Design Review Process and the Development Review Process, projects would only be reviewed pursuant to BMC Chapter (Development Review). Although the Town Center Design Review Process would be eliminated, the Development Review process still achieves the same purpose and intent through a staff level review. C. This Ordinance will not adversely affect the City s General Plan or zoning regulations set forth in the BMC. The Ordinance would simply dissolve the Town Center Design Review Committee and its application and procedures. The BMC and Town Center Design Guidelines provide adequate provisions to enforce development standards, regulations, and design guidelines within the Town Center District. SECTION 3. General Plan Findings. Pursuant to Government Code 65860, the changes implemented by this Ordinance are consistent with the General Plan. The amendments are relatively minor in nature. The amendments would dissolve the Town Center Design Review Committee and its application and procedures, which streamlines the development review process. The BMC and Town Center Design Guidelines provide clear direction to staff to enforce the development standards, regulations, and design guidelines within the Town Center District. Therefore, the amendment will not frustrate any goal or policy set forth in the General Plan. SECTION 4. The proposed revisions will be illustrated with strikethrough for existing language that is proposed for deletion. SECTION 5. Subsection E of BMC (Public Assembly Uses) is amended as follows:

4 Page 4 of 8 City of Bellflower Ordinance No Page 3 of 5 E. Early discussion with the Director is required to review the scope of the project and to clarify the City s requirements, as applicable. All applications must be processed in accordance with this Code. In addition to any other person, an application may be filed by the Director; the Town Center District Review Committee; the Planning Commission; or the City Council. SECTION 6. Subsection B of BMC (Performance Standards) is amended as follows: B. Lighting. The conduct and operation of all uses shall comply with the following standards: 1. All lights and glare associated with operations and illuminated signs shall be shielded or directed so as not to illuminate abutting residential districts. 2. Building lighting, for the purpose of accenting architectural elements through the use of exposed neon, may be approved by the Planning Director with prior review by the Town Center Design Review Committee (see Sections through , Design Review Committee). SECTION 7. The following sections of the BMC are repealed in their entirety: BMC (Town Center Design Review Committee Purpose and Intent) BMC (Projects Requiring Design Review) BMC (Design Review Application) BMC (Design Review Committee Procedure) BMC (Design Review Committee) BMC (Design Review Committee - Meetings) BMC (Design Review Committee Decisions/Appeal) BMC (Design Review Committee Duties) SECTION 8. BMC (Non-conforming Structures and Uses) is renumbered as SECTION 9. Environmental Review. This Ordinance is exempt from environmental review under the California Environmental Quality Act (California Public Resources Code 21000, et seq., CEQA ) and CEQA regulations (14 California Code of Regulations 15000, et seq.) because it consists only of minor revisions and clarifications to existing regulations. It does not authorize any new development and does not relax existing regulatory restrictions on future development. This Ordinance, therefore, does not have the potential to cause significant effects on the environment. Consequently, it is exempt from CEQA review under 14 Cal. Code Regs (b)(3). SECTION 10. Notice of Exemption. The Director is directed to file a Notice of Exemption in accordance with CEQA and any other applicable law.

5 Page 5 of 8 City of Bellflower Ordinance No Page 4 of 5 SECTION 11. Approval. Based on the foregoing, the City Council approves Zoning Ordinance Text Amendment Case No. ZOTA SECTION 12. Construction. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 13. Enforceability. Repeal of any provision of the BMC does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 14. Validity of Previous Code Sections. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the BMC or other city ordinance by this Ordinance will be rendered void and cause such previous BMC provision or other the city ordinance to remain in full force and effect for all purposes. SECTION 15. Reliance on Record. Each and every one of the findings and determinations in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole. SECTION 16. Limitations. The City Council s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are limitations on the City s ability to solve what are in effect regional, state, and National problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework. SECTION 17. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 18. The City Clerk, or her duly appointed deputy, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Bellflower s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

6 Page 6 of 8 City of Bellflower Ordinance No Page 5 of 5 SECTION 19. Effective Date. This Ordinance will take effect on the 30 th day following its final passage and adoption. ORDINANCE NO HAD ITS FIRST READING ON MARCH 11, 2019, ITS SECOND READING ON MARCH 25, 2019, AND WAS DULY PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF MARCH 25, ATTEST: Sonny R. Santa Ines, Mayor Mayra Ochiqui, City Clerk APPROVED AS TO FORM: Karl H. Berger, City Attorney

7 Page 7 of 8 TO: ATTENTION: FROM: SUBJECT: Honorable Mayor and Members of the City Council Jeffrey L. Stewart, City Manager Elizabeth Corpuz, Director of Planning and Building Services Consideration and possible action to conduct a public hearing to consider Zoning Ordinance Text Amendment Case No. ZOTA 19-01, a Bellflower Municipal Code (BMC) Amendment to Chapter (Town Center District), and read by title only, waive further reading, and introduce Ordinance No An Ordinance amending Chapter (Town Center District) of the Bellflower Municipal Code (BMC) to dissolve the Town Center Design Review Committee and to eliminate the application and review procedures for projects requiring Town Center Design Review Committee approval. DATE: March 11, 2019 EXECUTIVE SUMMARY If adopted, this Ordinance would amend the BMC regulations to eliminate in its entirety the Town Center Design Review process, which would result in the dissolution of the Town Center Design Review Committee (TCDRC). On January 14, 2019, the City Council directed staff to prepare an agenda item to consider dissolving the TCDRC. On February 19, 2019, the Planning Commission recommended approval of the proposed Ordinance to the City Council. RECOMMENDATION TO CITY COUNCIL 1) Open the public hearing, take testimonial and documentary evidence, and after considering the evidence, read by title only, waive further reading, and introduce Ordinance No. 1373; or 2) Alternatively, discuss and take other action related to this item. FISCAL IMPACT None. PUBLIC NOTICE Public hearing notices were posted at City Hall, Brakensiek Library, Bellflower Substation, Thompson Park, Simms Park, and Caruthers Park on February 27, As of the writing of this staff report, the City has not received any correspondence. Page 1 of 2

8 Page 8 of 8 Staff Report ZOTA March 11, 2019 Page 2 of 2 ENVIRONMENTAL REVIEW This Ordinance is exempt from additional review under the California Environmental Quality Act (California Public Resources Code 21000, et seq., CEQA ) and CEQA regulations (14 California Code of Regulations 15000, et seq.) because it consists only of minor revisions and clarifications to existing regulations. It does not approve any new development and does not relax existing regulatory restrictions on future development. This Ordinance, therefore, does not have the potential to cause significant effects on the environment. Consequently, it is exempt from CEQA review under 14 Cal. Code Regs (b)(3). BACKGROUND On September 8, 2014, the City Council adopted Ordinance No amending the types of projects requiring TCDRC review to new construction on vacant property with no existing structures. Since the adoption of Ordinance No. 1281, no projects have been reviewed by the TCDRC. On January 14, 2019, the City Council considered its appointments or re-appointments to various Commissions and Committees, including the TCDRC. It was discussed that the TCDRC has not held a meeting in years. Following discussion, the City Council directed staff to prepare an agenda item to consider dissolving the TCDRC. After a public hearing on February 19, 2019, the Planning Commission recommended that the City Council adopt the proposed Ordinance. Please refer to the attached Planning Commission Staff Report (Attachment B) for detailed background and discussion of ZOTA ATTACHMENTS A. Ordinance No B. Planning Commission Staff Report and Resolution No. PC