TO: ATTENTION: FROM: SUBJECT: Honorable Mayor and Members of the City Council Jeffrey L. Stewart, City Manager Rowena Genilo-Concepcion, Interim Director of Planning Public Hearing to Consider Zoning Ordinance Text Amendment Amending Bellflower Municipal Code Chapters 17.48, 17.52, and 17.61 Regarding Tattoo Parlors, Sections 17.28.130 and 17.32.130 (Off-Street Parking) to Allow Vehicle Lifts within the R-2 and R-3 Zones, and Chapters 17.44 and 17.48 Regarding Massage Establishments (Repealing a Moratorium Adopted by Ordinance No. 1288). RESOLUTION NO. 15-XX - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELLFLOWER APPROVING NEGATIVE DECLARATION NO. ND 15-01 FOR ZONING ORDINANCE TEXT AMENDMENT CASE NO. ZOTA 15-01 TO AMEND BELLFLOWER MUNICIPAL CODE CHAPTERS 17.48 (TOWN CENTER [TC] DISTRICT), 17.52 (M-1 LIGHT INDUSTRIAL DISTRICT), AND 17.61 (BELLFLOWER/ALONDRA MIXED-USE [BAMU] OVERLAY ZONE) REGARDING TATTOO PARLORS, SECTIONS 17.28.130 (OFF-STREET PARKING) AND 17.32.130 (OFF-STREET PARKING) TO ALLOW VEHICLE LIFTS WITHIN THE R-2 AND R-3 ZONES, AND CHAPTERS 17.44 (C-G GENERAL COMMERCIAL ZONE) AND 17.48 (TOWN CENTER [TC] DISTRICT) REGARDING MASSAGE ESTABLISHMENTS ORDINANCE NO. 13XX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELLFLOWER APPROVING ZONING ORDINANCE TEXT AMENDMENT CASE NO. ZOTA 15-01 TO AMEND BELLFLOWER MUNICIPAL CODE CHAPTERS 17.48 (TOWN CENTER [TC] DISTRICT), 17.52 (M-1 LIGHT INDUSTRIAL DISTRICT), AND 17.61 (BELLFLOWER/ALONDRA MIXED-USE [BAMU] OVERLAY ZONE) REGARDING TATTOO PARLORS, SECTIONS 17.28.130 (OFF-STREET PARKING) AND 17.32.130 (OFF-STREET PARKING) TO ALLOW VEHICLE LIFTS WITHIN THE R-2 AND R-3 ZONES, AND CHAPTERS 17.44 (C-G GENERAL COMMERCIAL ZONE) AND 17.48 (TOWN CENTER [TC] DISTRICT) REGARDING MASSAGE ESTABLISHMENTS (REPEALING A MORATORIUM ADOPTED BY ORDINANCE NO. 1288) DATE: September 28, 2015 Page 1 of 14
Staff Report ND 15-01 and ZOTA 15-01 September 28, 2015 Page 2 of 14 EXECUTIVE SUMMARY The proposed bundle of text amendments is intended to update the Zoning Ordinance and address inconsistencies and technological and procedural issues in the Zoning Ordinance. For vehicle lifts, new language is proposed that would establish regulations for the use of vehicle lifts and other parking systems within the R-2 (Medium Density Residential) and within the R-3 (Multiple Residential) Zones. For massage establishments, amendments are proposed that would align the Zoning Ordinance to recent changes to State law which restored local municipalities ability to impose land use regulations on massage establishments. In addition, new language is proposed that would require massage establishments to obtain a Conditional Use Permit within the C-G (General Commercial) Zone and within the TC (Town Center) District. For tattoo parlor establishments, amendments are proposed that would align the Zoning Ordinance to recent changes to State law which prohibits local municipalities from requiring a Conditional Use Permit for tattoo parlor establishments. Recent changes to State law also allows for local municipalities to prohibit tattoo parlor establishments in some, but not all, areas of the City. Planning Commission recommended approval of the proposed amendments to City Council on July 6, 2015. RECOMMENDATION Adopt Resolution No. 15-XX, approving Negative Declaration No. ND 15-01; and introduce Ordinance No. 13XX, approving Zoning Ordinance Text Amendment Case No. ZOTA 15-01. FISCAL IMPACT There would be no substantial impact to the City s General Fund. PUBLIC NOTICE On September 17, 2015, public hearing notices were posted at City Hall, Brakensiek Library, Bellflower Substation, Thompson Park, and Simms Park. A notice of public hearing was published in the Press Telegram newspaper on September 18, 2015. CEQA STATUS An environmental assessment has been conducted for this project in compliance with the California Environmental Quality Act (CEQA) guidelines. An Initial Study and Negative Declaration have been prepared. BACKGROUND The proposed bundle of text amendments is a part of an ongoing series of Cityinitiated Zoning Ordinance Text Amendments (ZOTAs) that are intended to update and address procedural and clean-up type issues currently found in the Zoning Ordinance of the City of Bellflower (the Zoning Code ). During the daily administration and implementation of the provisions of the Zoning Code, staff is presented with challenges as to the intent and interpretation of that Code. In addition, the Planning Commission
Staff Report ND 15-01 and ZOTA 15-01 September 28, 2015 Page 3 of 14 and City Council consider development projects and public testimony that often lead to suggested modifications of the Zoning Code. In other instances, the Commission issued a Determination of Similarity or supported a Director s Determination related to a specific use. The current bundle of proposed Code amendments is the tenth bundle since 2005. The following section provides a summary of the nine (9) previous ZOTA bundles that have been completed, along with other notable focused stand-alone Zoning Ordinance Text Amendments. Lastly, changes in California statutory and case law require or allow changes to the Zoning Code. Zoning Ordinance Text Amendment Bundle No. 1 On May 16, 2005, the Planning Commission recommended approval of Zoning Ordinance Text Amendment No. ZOTA 04-02 to the City Council. Zoning Ordinance Text Amendment No. ZOTA 04-02 pertains to Section 19-2 (Definitions), the residential zones (Sections 19-4, 19-4A, 19-5, 19-6, and 19-7), Section 19-10 (C-G General Commercial Zone), Section 19-14 (P-D Planned Development Zone), and Section 19-16 (General Provisions and Exceptions) of the Bellflower Municipal Code. On November 14, 2005, the City Council passed Ordinance No. 1097 approving Zoning Ordinance Text Amendment Case No. ZOTA 04-02 amending the Bellflower Municipal Code. Zoning Ordinance Text Amendment Bundle No. 2 On March 20, 2006, the Planning Commission recommended approval of Zoning Ordinance Text Amendment Case No. ZOTA 06-01 to the City Council. Zoning Ordinance Text Amendment Case No. ZOTA 06-01 was to amend Bellflower Municipal Code Section 19-2 (Definitions), the residential zones (Sections 19-4, 19-4A, 19-5, 19-6, and 19-7), the commercial zones (Sections 19-10 and 19-11), Section 19-16 (General Provisions and Exceptions), Section 19-17 (Development Review), Section 19-18 (Condominium Development and Conversions), Section 19-19 (Off-Street Parking Requirements), Section 19-20 (Nonconforming Buildings and Uses), Section 19-22 (Conditional Use Permits), Section 19-23 (Variances), Section 19-24 (Amendments and District or Zone Changes) and Section 19-25 (Petitions, Notices, Investigations and Hearings) of the Zoning regulations. The City Council approved ZOTA 06-01 in two parts, Ordinance No. 1111 (May 8, 2006) and Ordinance No 1112 (June 12, 2006), in order to organize the amendments into like categories (i.e., residential versus non-residential) and to allow for a more thorough review of the subject matter. Zoning Ordinance Text Amendment Bundle No. 3 On November 20, 2006, the Planning Commission recommended approval of Zoning Ordinance Text Amendment No. ZOTA 06-03 to the City Council. Zoning Ordinance Text Amendment No. ZOTA 06-03 involved the residential zones (Sections 19-4, 19-4A, 19-5, 19-6, and 19-7), the commercial and industrial zones (Sections 19-10, 19-11, and 19-12), Section 19-15 (Open Space Zone), Section 19-16 (General Provisions), Section 19-17 (Development Review), Section 19-20 (Nonconforming Buildings and Uses), Section 19-22 (Conditional Use Permit) and Section 19-23 (Variance). On February 26, 2007, the City Council passed Ordinance No. 1126 approving Zoning Ordinance Text Amendment Case No. ZOTA 06-03 amending the Bellflower Municipal Code.
Staff Report ND 15-01 and ZOTA 15-01 September 28, 2015 Page 4 of 14 Zoning Ordinance Text Amendment Bundle No. 4 On April 6, 2009, the Planning Commission recommended approval of Zoning Ordinance Text Amendment No. ZOTA 09-01 to the City Council. Zoning Ordinance Text Amendment No. ZOTA 09-01 involved the residential zones (Chapters 17.16, 17.20, 17.24, 17.28, and 17.32), the commercial and industrial zones (Chapters 17.44, 17.48, and 17.52), Chapter 17.80 (Development Review), and Chapter 17.92 (Nonconforming Buildings and Uses). On May 11, 2011, the City Council passed Ordinance No. 1179 approving Zoning Ordinance Text Amendment Case No. ZOTA 09-01 amending the Bellflower Municipal Code. Zoning Ordinance Text Amendment Bundle No. 5 On August 1, 2011, the Planning Commission recommended approval of Zoning Ordinance Text Amendment Case No. ZOTA 11-05 to the City Council. Zoning Ordinance Text Amendment Case No. ZOTA 11-05 was to amend Chapter 17.08 (Definitions), Chapter 17.12 (Establishment of Zones), the residential zones (Chapters 17.16, 17.20, 17.24, 17.28, and 17.32), the commercial and industrial zones (Chapters 17.44, 17.48, and 17.52), Chapter 17.56 (Public Uses Zone), Chapter 17.62 (Bellflower Village Overlay Zone), Chapter 17.76 (Temporary Uses), and Chapter 17.80 (Development Review). On September 26, 2011, the City Council passed Ordinance No. 1217 approving Zoning Ordinance Text Amendment Case No. ZOTA 11-05 amending the Bellflower Municipal Code. Zoning Ordinance Text Amendment Bundle No. 6 On June 17, 2013, the Planning Commission recommended approval of Zoning Ordinance Text Amendment Case No. ZOTA 13-02 to the City Council. Zoning Ordinance Text Amendment Case No. ZOTA 13-02 was to amend the residential zones (Chapters 17.16, 17.24, 17.28, and 17.32), the commercial and industrial zones (Chapters 17.44, 17.48, and 17.52), Chapter 17.80 (Development Review), Chapter 17.88 (Off-Street Parking Requirements), and Chapter 17.92 (Nonconforming Building and Uses). On August 12, 2013, the City Council passed Ordinance No. 1247 approving Zoning Ordinance Text Amendment Case No. ZOTA 13-02 amending the Bellflower Municipal Code. Zoning Ordinance Text Amendment Bundle No. 7 On March 3, 2014, the Planning Commission recommended approval of Zoning Ordinance Text Amendment Case No. ZOTA 14-01 to the City Council. Zoning Ordinance Text Amendment Case No. ZOTA 14-01 was to amend Chapter 17.08 (Definitions), the residential zones (Chapters 17.16, 17.20, and 17.24,) the commercial and industrial zones (Chapters 17.44, 17.48, and 17.52), Chapter 17.64 (Open Space Zoning District), Chapter 17.68 (Signs), Chapter 17.88 (Off-Street Parking Requirements), Chapter 17.92 (Nonconforming Buildings and Uses), and the West Artesia Boulevard Commercial Highway Planning Area Specific Plan. On April 28, 2014, the City Council passed Ordinance No. 1272 approving Zoning Ordinance Text Amendment Case No. ZOTA 14-01 amending the Bellflower Municipal Code.
Staff Report ND 15-01 and ZOTA 15-01 September 28, 2015 Page 5 of 14 Zoning Ordinance Text Amendment Bundle No. 8 On July 7, 2014, the Planning Commission recommended approval of Zoning Ordinance Text Amendment Case No. ZOTA 14-02 to the City Council. Zoning Ordinance Text Amendment Case No. ZOTA 14-02 was to amend Bellflower Municipal Code Chapters 17.08 (Definitions), 17.14 (Development Standard Tables), 17.16 (SF Single Family Zone), 17.20 (A-E Agricultural Estate Zone), 17.24 (R-1 Low Density Residential Zone), 17.28 (R-2 Medium Density Residential Zone), 17.32 (R-3 Multiple Residential Zone), 17.44 (C-G General Commercial Zone), 17.48 (Town Center [TC] District), 17.68 (Signs), and 17.72 (General Provisions and Exceptions). On August 25, 2014, the City Council passed Ordinance No. 1281 approving Zoning Ordinance Text Amendment Case No. 14-02 amending the Bellflower Municipal Zone. Zoning Ordinance Text Amendment Bundle No. 9 On July 6, 2015, the Planning Commission recommended approval of Zoning Ordinance Text Amendment Case No. ZOTA 15-03 to the City Council. Zoning Ordinance Text Amendment Case No. ZOTA 15-03 was to amend Bellflower Municipal Code Chapters 17.16 (SF Single Family Zone) and 17.24 (R-1 Low Density Residential Zone) to Address Nonconforming Conditions (Phase 2, Part 2). On September 14, 2015, the City Council passed Ordinance No. 1298 approving Zoning Ordinance Text Amendment Case No. 15-03 amending the Bellflower Municipal Zone. It is also worth noting, several other focused ZOTAs were completed within the last couple of years. ZOTA 13-04 (Signage in the BVOZ-N) On September 9, 2013, the City Council approved Ordinance No. 1251 relating to signage in the Bellflower Village Overlay Zone North (BVOZ-N). ZOTA 13-03 (Educational Facilities) On October 14, 2013, the City Council approved Ordinance No. 1252 relating to educational facilities. ZOTA 13-05 (Consistency with State Laws) On October 14, 2013, the City Council approved Ordinance No. 1253 amending the Zoning Code to create consistency with State laws as they relate to the Housing Element. ZOTA 13-07 (Bellflower Alondra Mixed Use Overlay Zone) On February 24, 2014, the City Council approved Ordinance No. 1271 relating to the establishment of the Bellflower/Alondra Mixed Use Overlay Zone. ZOTA 14-03 (Nonconforming Conditions) On January 15, 2015, the City Council approved Ordinance No. 1286 relating to nonconforming conditions. ZOTA 15-02 (Electronic Cigarettes) On August 24, 2015, the City Council approved Ordinance No. 1293 relating to electronic cigarette retailers, electronic cigarette manufacturers, and other electronic cigarette businesses.
Staff Report ND 15-01 and ZOTA 15-01 September 28, 2015 Page 6 of 14 Public Comments The proposed Negative Declaration and ZOTA were presented to the Planning Commission on July 6, 2015. No public comments were received either in support or opposition to the proposed Negative Declaration or ZOTA at the public hearing. At the conclusion of the meeting, the Commission recommended approval of the resolutions, as presented. Comments from the Planning Commission included the aesthetics of garages with vehicle lifts, limitations on operations of massage establishments (i.e., locking of doors, sales/storage of barrier contraception items), length of the allotted amortization period, reducing the allowable number of total establishments Citywide, based on ratio of massage establishment to population, and operational characteristics of vehicle lifts. Following the Planning Commission s action, 81 courtesy letters were sent out to business operators of tattoo, vehicle lifts, and massage establishments. The same letter was sent to all property owners where such establishments are located. The courtesy letter indicated the Planning Commission s action and noted a future meeting would be held by the City Council to consider the ZOTA. A copy of the Planning Commission resolution was attached to the letter. Shortly after sending the letter, inquiries from five individuals were received. One of the individuals was a property manager who indicated the proposed ZOTA is a form of taking of private property without just compensation. DISCUSSION Format of Report The current bundle of proposed Code amendments is Bundle No. 10. The proposed bundle of text amendments are part of an ongoing series of City-initiated Zoning Ordinance Text Amendments (ZOTAs) that are intended to update and address procedural, technological, and clean-up type Zoning Code issues. In addition, some of the issues may have arisen during the entitlement review of previous projects, where the Planning Commission or the City Council provided direction to correct a development standard deficiency in a particular Code section. The Zoning Ordinance Text Amendment (ZOTA 15-01) proposes to amend six separate sections of the Bellflower Municipal Code, and therefore, has six parts, identified as A through F: o Part A: BMC Chapter 17.28.130 (Off-Street Parking) o Part B: BMC Chapter 17.32.130 (Off-Street Parking) o Part C: BMC Chapter 17.44 (C-G General Commercial Zone) o Part D: BMC Chapter 17.48 (Town Center [TC] District) o Part E: BMC Chapter 17.52 (M-1 Light Industrial District) o Part F: BMC Chapter 17.61 (Bellflower/Alondra Mixed-Use [BAMU] Overlay Zone Furthermore, the proposed revisions to the various portions of the Zoning Code will be illustrated with italics for existing language, italic strikethrough for existing language that is proposed for elimination and bold and underlined for proposed new language.
Staff Report ND 15-01 and ZOTA 15-01 September 28, 2015 Page 7 of 14 Part A: BMC Section 17.28.130 (Off-Street Parking) The proposed modification for this part addresses the Off-Street Parking section of the Zoning Code as it pertains to the R-2 (Medium Density Residential) Zone. The modification is intended to revise the regulations regarding off-street parking in the R-2 (Medium Density Residential) Zone to include standards for vehicle lifts and other similar parking systems. A past Pilot Program that allowed vehicle lifts to be installed within the R-3 (Multiple Residential) Zone was studied for approximately one year. The findings of the study were presented to the City Council and after discussion, the Council directed staff to prepare development standards for vehicle lifts. The following language is proposed in order to allow vehicle lifts in the R-2 (Medium Density Residential) Zone and the R-3 (Multiple Residential) Zone. Section 17.28.130 (Off- Street Parking) of the Bellflower Municipal Code is proposed to be revised as follows: 17.28.130 Off-Street Parking. Off-street parking shall be provided as follows: A. A minimum of two (2) enclosed parking spaces shall be provided for the first two (2) bedrooms of each dwelling unit. B. One (1) parking space shall be provided for each bedroom after the first two (2) bedrooms, which may be in tandem but only with enclosed parking. C. One (1) uncovered parking space shall be provided for each unit for the designated use of visitors. D. Vehicle Lifts and Similar Parking Systems. 1. The use of vehicle lifts and similar parking systems for vehicle parking may be allowed in existing multi-family developments. Vehicle lifts and similar parking systems may be located on open/unenclosed parking spaces or within a garage. 2. Screening. Vehicle lifts and similar parking systems shall not be visible from any public right-of-way, school, park, or abutting residentially zoned properties. Vehicle lifts and similar parking systems shall be screened with natural landscaping material or architecturally compatible structures such as garages or screen walls. The method and type of screening shall be reviewed and approved by the Planning Department. If fully enclosed structures or buildings are required, then they shall comply with the development standards as provided in Chapter 17.28 of the BMC. 3. Setbacks. Vehicle lifts and similar parking systems shall not be located in any front-yard or street-facing side-yard setback. Vehicle lifts and similar parking systems shall be sited at least fifty (50) feet from the front property line or on the rear two-thirds (2/3) portion of the lot, whichever is greater. 4. Unenclosed vehicle lifts and similar parking systems shall be visually appealing and made of material of muted and uniform color to ensure compatibility with surrounding structures. 5. A maximum of fifty percent (50%) of existing parking spaces may be provided by vehicle lifts or other similar parking systems. 6. Vehicle lifts and similar parking systems shall not be utilized to meet required guest parking. Guest parking shall remain open and accessible at all times.
Staff Report ND 15-01 and ZOTA 15-01 September 28, 2015 Page 8 of 14 7. Maintenance. Vehicle lifts shall be fully serviced at least once a year. 8. Recordkeeping. Property owner / management shall maintain up todate records of maintenance and repair servicing of vehicle lifts or other similar structures. The records shall be made available, upon request, by the City. 9. In existing legal nonconforming parking lots, where fewer parking spaces are provided than required by Subsections 17.28.130 (A), (B), or (C), the number of at-grade parking spaces shall not be reduced. Part B: BMC Section 17.32.130 (Off-Street Parking) The proposed modification for this part addresses the Off-Street Parking section of the Code as it pertains to the R-3 (Multiple Residential) Zone. The modification is intended to revise the regulations regarding off-street parking in the R-3 (Multiple Residential) Zone to include standards for vehicle lifts and other similar parking systems. A past Pilot Program that allowed vehicle lifts to be installed within the R-3 (Multiple Residential) Zone was studied for approximately one year. The findings of the study were presented to the City Council and after discussion, the Council directed staff to prepare development standards for vehicle lifts. The following language is proposed in order to allow vehicle lifts in the R-2 (Medium Density Residential) Zone and the R-3 (Multiple Residential) Zone. Section 17.32.130 (Off-Street Parking) of the Bellflower Municipal Code is proposed to be revised as follows: 17.32.130 Off-Street Parking. Off-street parking shall be provided as follows: A. A minimum of two (2) enclosed parking spaces shall be provided for the first two (2) bedrooms of each dwelling unit. B. One (1) parking space shall be provided for each bedroom after the first two (2) bedrooms, which may be in tandem but only with enclosed parking. C. One (1) uncovered parking space shall be provided for each unit for the designated use of visitors. D. Pilot Program. Notwithstanding the off-street parking requirements, the City Council hereby declares, for information gathering only, one (1) or more pilot programs to allow vehicle lifts for off-street parking purposes may be approved by the Director of Community Development; provided, that the Director shall first establish criteria for the installation, screening, and maintenance standards for the vehicle lift pilot program. If at any time in the future the City Council determines the Code will not be amended to allow vehicle lifts, then any vehicle lift installed pursuant to this subsection may remain as a legal nonconforming use or structure, as long as it is not expanded, and the other provisions of this Code related to nonconforming uses and structures shall not apply. In addition, any currently illegal, nonconforming vehicle lifts may remain in operation, as they existed on January 23, 2012, during the pendency of the study of the pilot program(s); provided, that the owner of the property, upon which any vehicle lift exists, properly maintains that lift. D. Vehicle Lifts and Similar Parking Systems. 1. The use of vehicle lifts and similar parking systems for vehicle parking may be allowed in existing multi-family developments. Vehicle lifts and similar parking systems may be located on open/unenclosed parking spaces or within a garage.
Staff Report ND 15-01 and ZOTA 15-01 September 28, 2015 Page 9 of 14 2. Screening. Vehicle lifts and similar parking systems shall not be visible from any public right-of-way, school, park, or abutting residentially zoned properties. Vehicle lifts and similar parking systems shall be screened with natural landscaping material or architecturally compatible structures such as garages or screen walls. The method and type of screening shall be reviewed and approved by the Planning Department. If fully enclosed structures or buildings are required, then they shall comply with the development standards as provided in Chapter 17.32 of the BMC. 3. Setbacks. Vehicle lifts and similar parking systems shall not be located in any front-yard or street-facing side-yard setback. Vehicle lifts and similar parking systems shall be sited at least fifty (50) feet from the front property line or on the rear two-thirds (2/3) portion of the lot, whichever is greater. 4. Unenclosed vehicle lifts and similar parking systems shall be visually appealing and made of material of muted and uniform color to ensure compatibility with surrounding structures. 5. A maximum of fifty percent (50%) of existing parking spaces may be provided by vehicle lifts or other similar parking systems. 6. Vehicle lifts and similar parking systems shall not be utilized to meet required guest parking. Guest parking shall remain open and accessible at all times. 7. Maintenance. Vehicle lifts shall be fully serviced at least once a year. 8. Recordkeeping. Property owner / management shall maintain up-todate records of maintenance and repair servicing of vehicle lifts or other similar structures. The records shall be made available, upon request, by the City of Bellflower. 9. In existing legal nonconforming parking lots, where fewer parking spaces are provided than required by Subsections 17.32.130 (A), (B), or (C), the number of at-grade parking spaces shall not be reduced. Part C: BMC Chapter 17.44 (C-G General Commercial Zone) The proposed modification for this part addresses the C-G or General Commercial, as it pertains to massage establishments. The modification is intended to revise the regulations to permit massage establishments in the C-G (General Commercial) Zone through a Conditional Use Permit. The purpose of the amendment is to align the Zoning Code with recent changes to case law. In 2008, the State Legislature adopted SB 731, limiting local municipalities ability to regulate massage establishments certified by the California Massage Therapy Council (CAMTC). In 2009, the City adopted Ordinance No. 1182 amending the Bellflower Municipal Code to no longer require CAMTC-certified massage establishments to obtain a Conditional Use Permit. In 2014, as a result of the negative externalities of SB 731, the State Legislature adopted AB 1147, restoring local municipalities with the ability to impose land use regulations to CAMTC-certified massage establishments. The following language will require massage establishments within the C-G (General Commercial) Zone to obtain a Conditional Use Permit. In addition, the following language will modify existing
Staff Report ND 15-01 and ZOTA 15-01 September 28, 2015 Page 10 of 14 development standards as well as create additional development standards related to massage establishments. Chapter 17.44 of the Bellflower Municipal Code is proposed to be revised as follows and each use thereafter renumbered in correct alphabetical order: 17.44.030 Conditional Uses A. The following uses shall be permitted only after a valid Conditional Use Permit has been approved by the Planning Commission, pursuant to the provisions of Chapter 17.96 of this Code. Any such use must also comply with all applicable development standards and other requirements set forth in this Code, including but not limited to obtaining any additional permits or licenses required by this Code. 42. Masseur-masseuse, massage establishments, acupressure spas, day spas, and similar uses; provided, that: a. Effective September 1, 2009, a Conditional Use Permit shall not be required for any person who holds a current and valid certificate issued pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code (commencing with Section 4600) (the State Regulations for Massage Therapists ) and any business who employs any person who holds a current and valid certificate issued pursuant to the State Regulations for Massage Therapists. a. The owner of a A massage establishment or business shall also show proof of and maintain on the its premises, evidence, for review by the City, that (i) the business all persons providing massage services are certified. holds a current and valid certificate issued pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code (commencing with Section 4600) (the State Regulations for Massage Therapists ) and (ii) each person who provides massage services on the premises holds a current and valid certificate issued pursuant to the State Regulations for Massage Therapists. Such use is also subject to the requirements of Section 17.44.255. 17.44.255 Masseur-Masseuse, Massage Establishments, Acupressure Spas, Day Spas and Similar Uses. In addition to any other requirement of this Code, the following shall apply to masseur-masseuse, massage establishments, acupressure spas, day spas and similar uses: A. No person shall provide massage services from any location in the City without having been issued a California Massage Therapy Council (CAMTC) Certificate. B. Off-street Parking Requirements. One (1) parking space for each three hundred (300) square feet of floor space. C. Hours of Operations. A masseur-masseuse, massage establishments, acupressure spas, day spas and similar uses shall not be operated between the hours of 9:00 p.m. and 6:00 a.m. of the following day. D. Separation Criteria to be maintained: 1. One thousand-foot separation between massage uses, 2. One thousand-foot separation between massage and adult entertainment uses,
Staff Report ND 15-01 and ZOTA 15-01 September 28, 2015 Page 11 of 14 3. No more than one (1) massage establishment per parcel or integrated development, and 4. Not adjacent to any residential zone. E. Interior Doors. All interior doors must remain unlocked during business hours, unless the business is owned by one person with one or no employees. F. Occupancy Requirements. The maximum occupancy shall not exceed the Building Code of the City of Bellflower and Fire Code of the City of Bellflower. The maximum occupancy load shall be posted at the main entrance. G. Exit Plan. An owner or operator of a massage business or establishment shall submit and receive approval of a fire exit plan from the Fire Department. The plan shall address all existing requirements of the Building Code of the City of Bellflower and Fire Code of the City of Bellflower, including equipment location, aisle locations and widths, etc. H. Health and Safety Requirements. An owner or operator of a massage business or establishment shall provide clean massage rooms, clean towels and linens, and reasonable attire that is deemed by the CAMTC to constitute professional attire based on the custom and practice of the profession in California and personal hygiene requirements for persons providing massage services. I. Business License Requirement. An owner or operator of a massage business or establishment shall be required to obtain a business license to operate a massage business or establishment. The operator shall provide relevant information with the application. The City shall make reasonable investigations into the information. An owner or operator of a massage business or establishment shall be responsible for the conduct of all employees or independent contractors working on the premises of the business or establishment. J. The City shall authorize suspensions, revocation, or other restriction of a permit issued to a massage establishment or business if violations occur on the business premises. K. Site Inspection. Allows the City to conduct reasonable inspections, during regular business hours, to ensure compliance with local ordinance, and/or other applicable fire and health and safety requirements. L. Notification. An owner or operator of a massage business or establishment shall notify the City of any intention to rename, change management, or convey the business to another person. M. During all hours of operation the massage establishments shall be supervised. The name and photograph (minimum size of four inches by six inches) of the on-duty manager shall be posted in a conspicuous public place in the lobby of the massage establishment at all times that the business is in operation. N. No sale or storage of barrier contraception items (i.e., condoms or similar items) shall be permitted within the massage establishment. O. Business owners of the massage establishments shall be held responsible for the actions of their employees or independent contractors. P. No massage establishment with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any material that obstructs or darkens the view into the premises. Window signage shall not cover more twenty-five percent (25%) of any window pane
Staff Report ND 15-01 and ZOTA 15-01 September 28, 2015 Page 12 of 14 and must conform to the underlying development standards pertaining to window signage for the zone in which the massage establishment is located. Q. No massage establishment shall be used for residential purposes. Personal items of the employees and independent contractors shall be kept in lockers while at the massage establishment. R. Amortization Period. Notwithstanding any other provisions of this Code, each massage establishment operating without a valid Conditional Use Permit (CUP) shall obtain a CUP on or before September 9, 2020, or be subject to abatement; provided, that if a complete application for a CUP has been filed within that time on behalf of that establishment and the applicant diligently pursues submittal of that application to the Planning Commission, then that establishment can continue in operation; provided, further, that if that CUP is denied and not appealed or an appeal is timely filed but not granted, then that establishment shall cease business as a massage establishment within thirty (30) days after that denial is final. Part D: BMC Chapter 17.48 (Town Center [TC] District) The proposed modification for this part addresses the TC or Town Center, as it pertains to massage establishments. The modification is intended to revise the regulations to permit massage establishments in the Town Center (TC) District through a Conditional Use Permit. The purpose of the amendment is to align the Zoning Code with recent changes to case law. In 2008, the State Legislature adopted SB 731, limiting local municipalities ability to regulate massage establishments certified by the California Massage Therapy Council (CAMTC). In 2009, the City adopted Ordinance No. 1182 amending the Bellflower Municipal Code to no longer require CAMTC-certified massage establishments to obtain a Conditional Use Permit. In 2014, as a result of the negative externalities of SB 731, the State Legislature adopted AB 1147, restoring local municipalities with the ability to impose land use regulations to CAMTC-certified massage establishments. The list of allowable uses in Table 17.48.040 of the Bellflower Municipal Code is proposed to be revised as follows: Use Area 1 Area 2 P C NP P C NP 59. Masseur-masseuse, massage establishments, acupressure spas, day spas and similar uses. Also subject to the requirements of Section 17.44.255. Effective September 1, 2009, a Conditional Use Permit shall not be required for any person who holds a current and valid certificate issued pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code (commencing with Section 4600) (the State Regulations for Massage Therapists ) and any business who employs any person who holds a current and valid certificate issued pursuant to the State Regulations for Massage Therapists. The owner of a A massage establishment or business shall also show proof and maintain on the its premises evidence, for review by the City, (i) all persons providing massage services are certified. the business holds a current and valid certificate issued pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code (commencing with Section 4600) (the State Regulations for Massage Therapists ) and (ii) each person who provides massage services on the premises holds a current and valid certificate issued pursuant to the State Regulations for Massage Therapists. X X
Staff Report ND 15-01 and ZOTA 15-01 September 28, 2015 Page 13 of 14 Part E: BMC Chapter 17.52 (M-1 Light Industrial District) The proposed modification for this part addresses the M-1 or Light Industrial District, as it pertains to tattoo parlors. The modification is intended to revise the regulations regarding tattoo parlors in the M-1 (Light Industrial) District to remove tattoo parlors from the list of Conditionally Permitted Uses and add it to the list of Permitted Uses. The purpose of the amendment is to align the Zoning Code with recent changes to case law. A Conditional Use Permit cannot be required for tattoo parlors. A tattoo parlor may be prohibited in some, but not all, areas of the City. Therefore, it is proposed that tattoo parlors be permitted in the M-1 (Light Industrial) District. Chapter 17.52 of the Bellflower Municipal Code is proposed to be revised as follows and each use thereafter renumbered in correct alphabetical order: 17.52.020 Permitted Uses: The following uses only shall be permitted in the M-l, Light Industrial District unless as may be otherwise provided for in this title: 5. The following uses: (63) Surplus store (64) Tattoo parlors 17.52.030 Conditional Uses: All the requirements of the C-G District pertaining to Conditional Use Permits shall apply to the M-1 District and the same uses shall be permitted only after a valid Conditional Use Permit has been approved by the Planning Commission. In addition, the following uses may be permitted after approval of a Conditional Use Permit as provided in Chapter 17.96: K. Recycling centers. L. Tattoo parlors. Reserved M. Body piercing shops Part F: BMC Chapter 17.61 (Bellflower/Alondra Mixed-Use [BAMU] Overlay Zone) The proposed modification for this part addresses the BAMU or Bellflower/Alondra Mixed-Use (BAMU) Overlay Zone as it pertains to tattoo parlors. The modification is intended to revise the regulations regarding tattoo parlors in the Bellflower/Alondra Mixed-Use (BAMU) Overlay Zone to remove tattoo parlors from the list of Conditionally Permitted Uses. The purpose of the amendment is to align the Zoning Code with recent changes to case law. A Conditional Use Permit cannot be required for tattoo parlors. A tattoo parlor may be prohibited in some, but not all, areas of the City. The BAMU Overlay Zone lists tattoo parlors as conditionally permitted. The list of allowable uses in Table 17.61.040A in the BAMU Overlay Zone will be updated to reflect a change from Tattoo Shops/Body Piercing listed as a conditionally permitted use to a not permitted use. The modified language will prohibit tattoo parlors in the BAMU Overlay Zone. Chapter 17.61 of the Bellflower Municipal Code is proposed to be revised as follows:
Staff Report ND 15-01 and ZOTA 15-01 September 28, 2015 Page 14 of 14 Table 17.61.040(A) Land Use or Activity BAMU Reference/Notes GENERAL COMMERCIAL Storage, Wholesale or Retail Tattoo Shops/Body Piercing CUP Tire Stores, New or Used CUP Future Zoning Ordinance Text Amendments Staff continues to maintain a list of potential future ZOTAs that may be included in a future bundle or addressed as stand-alone amendments. ATTACHMENTS A. Resolution No. 15-XX... 15 B. Ordinance No. 13XX... 43 C. Resolution No. PC 15-03 (for ND 15-01, without Exhibit)... 53 D. Resolution No. PC 15-04 (for ZOTA 15-01)... 55 E. July 6, 2015, Planning Commission Minutes... 65 F. July 6, 2015, Planning Commission Staff Report (no attachments)... 67 Doc 328251
CITY OF BELLFLOWER RESOLUTION NO. 15-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELLFLOWER APPROVING NEGATIVE DECLARATION NO. ND 15-01 FOR ZONING ORDINANCE TEXT AMENDMENT CASE NO. ZOTA 15-01 TO AMEND BELLFLOWER MUNICIPAL CODE CHAPTERS 17.48 (TOWN CENTER [TC] DISTRICT), 17.52 (M-1 LIGHT INDUSTRIAL DISTRICT), AND 17.61 (BELLFLOWER/ALONDRA MIXED-USE [BAMU] OVERLAY ZONE) REGARDING TATTOO PARLORS, SECTIONS 17.28.130 (OFF-STREET PARKING) AND 17.32.130 (OFF- STREET PARKING) TO ALLOW VEHICLE LIFTS WITHIN THE R-2 AND R-3 ZONES, AND CHAPTERS 17.44 (C-G GENERAL COMMERCIAL ZONE) AND 17.48 (TOWN CENTER [TC] DISTRICT) REGARDING MASSAGE ESTABLISHMENTS WHEREAS, the City of Bellflower is proposing Zoning Ordinance Text Amendment Case No. ZOTA 15-01 amending Bellflower Municipal Code Chapters 17.48 (Town Center [TC] District), 17.52 (M-1 Light Industrial District), and 17.61 (Bellflower/Alondra Mixed-Use [BAMU] Overlay Zone) regarding tattoo parlors, Sections 17.28.130 (Off-Street Parking) and 17.32.130 (Off-Street Parking) to allow vehicle lifts within the R-2 and R-3 Zones, and Chapters 17.44 (C-G General Commercial Zone) and 17.48 (Town Center [TC] District) regarding massage establishments (repealing a moratorium adopted by Ordinance No. 1288); and WHEREAS, a public hearing was held before the Planning Commission on June 15, 2015, and continued to July 6, 2015, when, after considering written and oral testimony, the Planning Commission closed the public hearing and recommended the City Council approve a Negative Declaration in connection with the Zoning Ordinance Text Amendment; and WHEREAS, a public hearing was held before the City Council on September 28, 2015, at which the City Council considered written and oral testimony regarding the Negative Declaration; and WHEREAS, notices of the public hearings were duly given and posted in the time, form, and manner as required by law; and WHEREAS, a Negative Declaration has been prepared in accordance with the provisions of the California Environmental Quality Act (CEQA). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELLFLOWER DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby find, determine, and declare: A. An Initial Study (IS) and Negative Declaration (ND) of Environmental Impact were prepared for Zoning Ordinance Text Amendment Case No. ZOTA 15-01, in accordance with the provisions of the California Environmental Quality Act (CEQA), State CEQA Guidelines, and the City of Bellflower s Procedures for Implementing CEQA. Page 1 of 2
City of Bellflower Resolution No. 15-XX Page 2 of 2 B. The Initial Study and Negative Declaration were made available to the public for review and comment from June 17, 2015, to and including July 6, 2015. C. A duly noticed public hearing was held by the Planning Commission of the City of Bellflower on July 6, 2015, at which time evidence was heard on the Initial Study and Negative Declaration. The Planning Commission fully reviewed and carefully considered the Initial Study and Negative Declaration, together with any comments received during the public review period. D. A duly noticed public hearing was held by the City Council of the City of Bellflower on September 28, 2015, at which time evidence was heard on the Initial Study and Negative Declaration. The City Council fully reviewed and carefully considered the Initial Study and Negative Declaration, together with any comments received during the public review period. SECTION 2. Based upon the above findings and determinations, Negative Declaration Case No. ND 15-01 prepared for Zoning Ordinance Text Amendment Case No. ZOTA 15-01 is hereby approved, as presented. SECTION 3. Attached hereto is a copy of the Initial Study and Negative Declaration for the proposed Zoning Ordinance Text Amendment. SECTION 4. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto. PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS DAY OF 2015. Attest: Scott A. Larsen, Mayor Debra D. Bauchop, City Clerk Attachment: Initial Study and Negative Declaration Doc 328252
CITY OF BELLFLOWER ORDINANCE NO. 13XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELLFLOWER APPROVING ZONING ORDINANCE TEXT AMENDMENT CASE NO. ZOTA 15-01 TO AMEND BELLFLOWER MUNICIPAL CODE CHAPTERS 17.48 (TOWN CENTER [TC] DISTRICT), 17.52 (M-1 LIGHT INDUSTRIAL DISTRICT), AND 17.61 (BELLFLOWER/ALONDRA MIXED-USE [BAMU] OVERLAY ZONE) REGARDING TATTOO PARLORS, SECTIONS 17.28.130 (OFF-STREET PARKING) AND 17.32.130 (OFF-STREET PARKING) TO ALLOW VEHICLE LIFTS WITHIN THE R-2 AND R-3 ZONES, AND CHAPTERS 17.44 (C-G GENERAL COMMERCIAL ZONE) AND 17.48 (TOWN CENTER [TC] DISTRICT) REGARDING MASSAGE ESTABLISHMENTS (REPEALING A MORATORIUM ADOPTED BY ORDINANCE NO. 1288) WHEREAS, the City of Bellflower is proposing Zoning Ordinance Text Amendment Case No. ZOTA 15-01 amending Bellflower Municipal Code Chapters 17.48 (Town Center [TC] District), 17.52 (M-1 Light Industrial District), and 17.61 (Bellflower/Alondra Mixed-Use [BAMU] Overlay Zone) regarding tattoo parlors, Sections 17.28.130 (Off-Street Parking) and 17.32.130 (Off-Street Parking) to allow vehicle lifts within the R-2 and R-3 Zones, and Chapters 17.44 (C-G General Commercial Zone) and 17.48 (Town Center [TC] District) regarding massage establishments (repealing a moratorium adopted by Ordinance No. 1288); and WHEREAS, it is the purpose of the Zoning Ordinance to encourage the most appropriate use of the land; to conserve and stabilize the value of property; and promote the public peace, health, safety, morale, and general welfare, all in accordance with the General Plan; and WHEREAS, the General Plan contains policies to encourage opportunities to sensitively integrate different, but compatible, land uses and to organize land uses to avoid creating nuisances among adjacent land uses; and WHEREAS, the public necessity, convenience, and general welfare require this Zoning Ordinance Text Amendment; and WHEREAS, a Negative Declaration has been prepared in accordance with the provisions of the California Environmental Quality Act (CEQA); and WHEREAS, a duly noticed public hearing was held by the Planning Commission of the City of Bellflower on July 6, 2015, where the Planning Commission recommended approval of the application; and WHEREAS, a duly noticed public hearing was held by the City Council of the City of Bellflower on September 28, 2015. Page 1 of 3
City of Bellflower Ordinance No. 13XX Page 2 of 3 THE CITY COUNCIL OF THE CITY OF BELLFLOWER DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council makes the following findings: 1. There are changed conditions since the existing Code became effective to warrant modification and/or addition to Bellflower Municipal Code Chapters 17.48 (Town Center [TC] District), 17.52 (M-1 Light Industrial District), and 17.61 (Bellflower/Alondra Mixed-Use [BAMU] Overlay Zone) regarding tattoo parlors, Sections 17.28.130 (Off-Street Parking) and 17.32.130 (Off-Street Parking) to allow vehicle lifts within the R-2 and R-3 Zones, and Chapters 17.44 (C-G General Commercial Zone) and 17.48 (Town Center [TC] District) regarding massage establishments (repealing a moratorium adopted by Ordinance No. 1288). 2. The proposed Zoning Ordinance Text Amendment modifies and/or adds provisions to Bellflower Municipal Code Chapters 17.48 (Town Center [TC] District), 17.52 (M-1 Light Industrial District), and 17.61 (Bellflower/Alondra Mixed-Use [BAMU] Overlay Zone) regarding tattoo parlors, Sections 17.28.130 (Off-Street Parking) and 17.32.130 (Off-Street Parking) to allow vehicle lifts within the R-2 and R-3 Zones, and Chapters 17.44 (C-G General Commercial Zone) and 17.48 (Town Center [TC] District) regarding massage establishments (repealing a moratorium adopted by Ordinance No. 1288) without adversely affecting property values or establishing adverse land use precedent. 3. The changes effected by the proposed Zoning Ordinance Text Amendment to Bellflower Municipal Code Chapters 17.48 (Town Center [TC] District), 17.52 (M-1 Light Industrial District), and 17.61 (Bellflower/Alondra Mixed-Use [BAMU] Overlay Zone) regarding tattoo parlors, Sections 17.28.130 (Off- Street Parking) and 17.32.130 (Off-Street Parking) to allow vehicle lifts within the R-2 and R-3 Zones, and Chapters 17.44 (C-G General Commercial Zone) and 17.48 (Town Center [TC] District) regarding massage establishments (repealing a moratorium adopted by Ordinance No. 1288) will contribute to the preservation of the public, peace, health, safety, and welfare by clarifying provisions of the Zoning Ordinance that were previously unclear or erroneous and effectuating City policy regarding land use and development. 4. The proposed Zoning Ordinance Text Amendment to Bellflower Municipal Code Chapters 17.48 (Town Center [TC] District), 17.52 (M-1 Light Industrial District), and 17.61 (Bellflower/Alondra Mixed-Use [BAMU] Overlay Zone) regarding tattoo parlors, Sections 17.28.130 (Off-Street Parking) and 17.32.130 (Off-Street Parking) to allow vehicle lifts within the R-2 and R-3 Zones, and Chapters 17.44 (C-G General Commercial Zone) and 17.48 (Town Center [TC] District) regarding massage establishments (repealing a moratorium adopted by Ordinance No. 1288) is consistent with the General Plan.
City of Bellflower Ordinance No. 1300 Page 3 of 3 SECTION 2. Based on the above findings, the City Council of the City of Bellflower approves Zoning Ordinance Text Amendment Case No. ZOTA 15-01 as presented herein. SECTION 3. Section 17.28.130 of the BMC is hereby amended to read as set forth in the attached Exhibit A. SECTION 4. Section 17.32.130 of the BMC is hereby amended by adding and eliminating the use as set forth in the attached Exhibit B. SECTION 5. Chapter 17.44 of the BMC is amended by amending (i) Subsection 17.44.030 by adding and eliminating the use as set forth in the attached Exhibit C and (ii) various other sections to read as set forth in the attached Exhibit C. SECTION 6. Chapter 17.48 of the BMC is amended by amending (i) Section 17.48.040 by adding and eliminating the use as set forth in the attached Exhibit C and (ii) various other sections to read as set forth in the attached Exhibit D. SECTION 7. Chapter 17.52 of the BMC is amended by amending (i) Subsection 17.52.020 by adding and eliminating the use as set forth in the attached Exhibit E and (ii) various other sections to read as set forth in the attached Exhibit E. SECTION 8. This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk, or her duly appointed deputy, shall certify to the adoption of this Ordinance and shall cause this Ordinance to be posted as required by law. ORDINANCE NO. 13XX HAD ITS FIRST READING ON, ITS SECOND READING ON, AND WAS DULY PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF 2015. Attest: Scott A. Larsen, Mayor Debra D. Bauchop, City Clerk Attachments: Exhibit A (Amending Chapter 17.28 R-2 Medium Density Residential Zone) Exhibit B (Amending Chapter 17.32 R-3 Multiple Residential Zone) Exhibit C (Amending Chapter 17.44 C-G General Commercial Zone) Exhibit D (Amending Chapter 17.48 Town Center [TC] District) Exhibit E (Amending Chapter 17.52 M-1 Light Industrial District) Exhibit F (Amending Chapter 17.61 Bellflower/Alondra Mixed-Use [BAMU] Overlay Zone) Doc 328253
EXHIBIT A SECTION 17.28.130 OFF-STREET PARKING Section 17.28.130 17.28.130 Off-Street Parking. Off-street parking shall be provided as follows: A. A minimum of two (2) enclosed parking spaces shall be provided for the first two (2) bedrooms of each dwelling unit. B. One (1) parking space shall be provided for each bedroom after the first two (2) bedrooms, which may be in tandem but only with enclosed parking. C. One (1) uncovered parking space shall be provided for each unit for the designated use of visitors. D. Vehicle Lifts and Similar Parking Systems. 1. The use of vehicle lifts and similar parking systems for vehicle parking may be allowed in existing multi-family developments. Vehicle lifts and similar parking systems may be located on open/unenclosed parking spaces or within a garage. 2. Screening. Vehicle lifts and similar parking systems shall not be visible from any public right-of-way, school, park, or abutting residentially zoned properties. Vehicle lifts and similar parking systems shall be screened with natural landscaping material or architecturally compatible structures such as garages or screen walls. The method and type of screening shall be reviewed and approved by the Planning Department. If fully enclosed structures or buildings are required, then they shall comply with the development standards as provided in Chapter 17.28 of the BMC. 3. Setbacks. Vehicle lifts and similar parking systems shall not be located in any front-yard or street-facing side-yard setback. Vehicle lifts and similar parking systems shall be sited at least fifty (50) feet from the front property line or on the rear two-thirds (2/3) portion of the lot, whichever is greater. 4. Unenclosed vehicle lifts and similar parking systems shall be visually appealing and made of material of muted and uniform color to ensure compatibility with surrounding structures. 5. A maximum of fifty percent (50%) of existing parking spaces may be provided by vehicle lifts or other similar parking systems. 6. Vehicle lifts and similar parking systems shall not be utilized to meet required guest parking. Guest parking shall remain open and accessible at all times. 7. Maintenance. Vehicle lifts shall be fully serviced at least once a year. 8. Recordkeeping. Property owner / management shall maintain up-todate records of maintenance and repair servicing of vehicle lifts or other similar structures. The records shall be made available, upon request, by the City. 9. In existing legal nonconforming parking lots, where fewer parking spaces are provided than required by Subsections 17.28.130 (A), (B), or (C), the number of at-grade parking spaces shall not be reduced.
17.32.130 Off-Street Parking. EXHIBIT B SECTION 17.32.130 OFF-STREET PARKING Off-street parking shall be provided as follows: A. A minimum of two (2) enclosed parking spaces shall be provided for the first two (2) bedrooms of each dwelling unit. B. One (1) parking space shall be provided for each bedroom after the first two (2) bedrooms, which may be in tandem but only with enclosed parking. C. One (1) uncovered parking space shall be provided for each unit for the designated use of visitors. D. Pilot Program. Notwithstanding the off-street parking requirements, the City Council hereby declares, for information gathering only, one (1) or more pilot programs to allow vehicle lifts for off-street parking purposes may be approved by the Director of Community Development; provided, that the Director shall first establish criteria for the installation, screening, and maintenance standards for the vehicle lift pilot program. If at any time in the future the City Council determines the Code will not be amended to allow vehicle lifts, then any vehicle lift installed pursuant to this subsection may remain as a legal nonconforming use or structure, as long as it is not expanded, and the other provisions of this Code related to nonconforming uses and structures shall not apply. In addition, any currently illegal, nonconforming vehicle lifts may remain in operation, as they existed on January 23, 2012, during the pendency of the study of the pilot program(s); provided, that the owner of the property, upon which any vehicle lift exists, properly maintains that lift D. Vehicle Lifts and Similar Parking Systems. 1. The use of vehicle lifts and similar parking systems for vehicle parking may be allowed in existing multi-family developments. Vehicle lifts and similar parking systems may be located on open/unenclosed parking spaces or within a garage. 2. Screening. Vehicle lifts and similar parking systems shall not be visible from any public right-of-way, school, park, or abutting residentially zoned properties. Vehicle lifts and similar parking systems shall be screened with natural landscaping material or architecturally compatible structures such as garages or screen walls. The method and type of screening shall be reviewed and approved by the Planning Department. If fully enclosed structures or buildings are required, then they shall comply with the development standards as provided in Chapter 17.32 of the BMC. 3. Setbacks. Vehicle lifts and similar parking systems shall not be located in any front-yard or street-facing side-yard setback. Vehicle lifts and similar parking systems shall be sited at least fifty (50) feet from the front property line or on the rear two-thirds (2/3) portion of the lot, whichever is greater. 4. Unenclosed vehicle lifts and similar parking systems shall be visually appealing and made of material of muted and uniform color to ensure compatibility with surrounding structures. 5. A maximum of fifty percent (50%) of existing parking spaces may be provided by vehicle lifts or other similar parking systems. 6. Vehicle lifts and similar parking systems shall not be utilized to meet required guest parking. Guest parking shall remain open and accessible at all times. 7. Maintenance. Vehicle lifts shall be fully serviced at least once a year. 8. Recordkeeping. Property owner / management shall maintain up-to-date records of maintenance and repair servicing of vehicle lifts or other similar structures. The records shall be made available, upon request, by the City of Bellflower. 9. In existing legal nonconforming parking lots, where fewer parking spaces are provided than required by Subsections 17.32.130 (A), (B), or (C), the number of at-grade parking spaces shall not be reduced.
EXHIBIT C CHAPTER 17.44 GENERAL COMMERCIAL ZONE 17.44.030 Conditional Uses A. The following uses shall be permitted only after a valid Conditional Use Permit has been approved by the Planning Commission, pursuant to the provisions of Chapter 17.96 of this Code. Any such use must also comply with all applicable development standards and other requirements set forth in this Code, including but not limited to obtaining any additional permits or licenses required by this Code. 42. Masseur-masseuse, massage establishments, acupressure spas, day spas, and similar uses; provided, that: a. Effective September 1, 2009, a Conditional Use Permit shall not be required for any person who holds a current and valid certificate issued pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code (commencing with Section 4600) (the State Regulations for Massage Therapists ) and any business who employs any person who holds a current and valid certificate issued pursuant to the State Regulations for Massage Therapists. ba. The owner of a A massage establishment or business shall also show proof of and maintain on the its premises, evidence, for review by the City, that (i) the business all persons providing massage services are certified. holds a current and valid certificate issued pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code (commencing with Section 4600) (the State Regulations for Massage Therapists ) and (ii) each person who provides massage services on the premises holds a current and valid certificate issued pursuant to the State Regulations for Massage Therapists. Such use is also subject to the requirements of Section 17.44.255. 17.44.255 Masseur-Masseuse, Massage Establishments, Acupressure Spas, Day Spas and Similar Uses. In addition to any other requirement of this Code, the following shall apply to masseurmasseuse, massage establishments, acupressure spas, day spas and similar uses: A. No person shall provide massage services from any location in the City without having been issued a California Massage Therapy Council (CAMTC) Certificate. B. Off-street Parking Requirements. One (1) parking space for each three hundred (300) square feet of floor space. C. Hours of Operations. A masseur-masseuse, massage establishments, acupressure spas, day spas and similar uses shall not be operated between the hours of 9:00 p.m. and 6:00 a.m. of the following day. D. Separation Criteria to be maintained: 1. One thousand-foot separation between massage uses, 2. One thousand-foot separation between massage and adult entertainment uses, 3. No more than one (1) massage establishment per parcel or integrated development, and 4. Not adjacent to any residential zone. E. Interior Doors. All interior doors must remain unlocked during business hours, unless the business is owned by one person with one or no employees.
F. Occupancy Requirements. The maximum occupancy shall not exceed the Building Code of the City of Bellflower and Fire Code of the City of Bellflower. The maximum occupancy load shall be posted at the main entrance. G. Exit Plan. An owner or operator of a massage business or establishment shall submit and receive approval of a fire exit plan from the Fire Department. The plan shall address all existing requirements of the Building Code of the City of Bellflower and Fire Code of the City of Bellflower, including equipment location, aisle locations and widths, etc. H. Health and Safety Requirements. An owner or operator of a massage business or establishment shall provide clean massage rooms, clean towels and linens, and reasonable attire that is deemed by the CAMTC to constitute professional attire based on the custom and practice of the profession in California and personal hygiene requirements for persons providing massage services. I. Business License Requirement. An owner or operator of a massage business or establishment shall be required to obtain a business license to operate a massage business or establishment. The operator shall provide relevant information with the application. The City shall make reasonable investigations into the information. An owner or operator of a massage business or establishment shall be responsible for the conduct of all employees or independent contractors working on the premises of the business or establishment. J. The City shall authorize suspensions, revocation, or other restriction of a permit issued to a massage establishment or business if violations occur on the business premises. K. Site Inspection. Allows the City to conduct reasonable inspections, during regular business hours, to ensure compliance with local ordinance, and/or other applicable fire and health and safety requirements. L. Notification. An owner or operator of a massage business or establishment shall notify the City of any intention to rename, change management, or convey the business to another person. M. During all hours of operation the massage establishments shall be supervised. The name and photograph (minimum size of four inches by six inches) of the onduty manager shall be posted in a conspicuous public place in the lobby of the massage establishment at all times that the business is in operation. N. No sale or storage of barrier contraception items (i.e., condoms or similar items) shall be permitted within the massage establishment. O. Business owners of the Massage establishments shall be held responsible for the actions of their employees or independent contractors. P. No massage establishment with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any material that obstructs or darkens the view into the premises. Window signage shall not cover more twenty-five percent (25%)of any window pane and must conform to the underlying development standards pertaining to window signage for the zone in which the massage establishment is located. Q. No massage establishment shall be used for residential purposes. Personal items of the employees and independent contractors shall be kept in lockers while at the massage establishment. R. Amortization Period. Notwithstanding any other provisions of this Code, each massage establishment operating without a valid Conditional Use Permit (CUP) shall obtain a CUP on or before September 9, 2020, or be subject to abatement; provided, that if complete application for a CUP has been filed within that time on behalf of that establishment and the applicant diligently pursues submittal of that application to the Planning Commission, then that establishment can continue in operation; provided, further, that if that CUP is denied and not appealed or an appeal is timely filed but not granted, then that establishment shall cease business as a massage establishment within thirty (30) days after that denial is final.
EXHIBIT D CHAPTER 17.48 TOWN CENTER (TC) DISTRICT Table 17.48.040 Use Area 1 Area 2 P C NP P C NP 59. Masseur-masseuse, massage establishments, acupressure spas, day spas and similar uses. Also subject to the requirements of Section 17.44.255. Effective September 1, 2009, a Conditional Use Permit shall not be required for any person who holds a current and valid certificate issued pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code (commencing with Section 4600) (the State Regulations for Massage Therapists ) and any business who employs any person who holds a current and valid certificate issued pursuant to the State Regulations for Massage Therapists. The owner of a A massage establishment or business shall also show proof and maintain on the its premises evidence, for review by the City, (i) all persons providing massage services are certified. the business holds a current and valid certificate issued pursuant to Chapter 10.5 of Division 2 of the California Business and Professions Code (commencing with Section 4600) (the State Regulations for Massage Therapists ) and (ii) each person who provides massage services on the premises holds a current and valid certificate issued pursuant to the State Regulations for Massage Therapists. X X
EXHIBIT E CHAPTER 17.52 M-1 LIGHT INDUSTRIAL DISTRICT 17.52.020 Permitted Uses: The following uses only shall be permitted in the M-l, Light Industrial District unless as may be otherwise provided for in this title: 5. The following uses: (63) Surplus store (64) Tattoo parlors 17.52.030 Conditional Uses: All the requirements of the C-G District pertaining to Conditional Use Permits shall apply to the M-1 District and the same uses shall be permitted only after a valid Conditional Use Permit has been approved by the Planning Commission. In addition, the following uses may be permitted after approval of a Conditional Use Permit as provided in Chapter 17.96: K. Recycling centers. L. Tattoo parlors. Reserved M. Body piercing shops.
EXHIBIT F CHAPTER 17.61 BELLFLOWER/ALONDRA MIXED-USE (BAMU) OVERLAY ZONE Table 17.61.040(A) Land Use or Activity BAMU Reference/Notes GENERAL COMMERCIAL Storage, Wholesale or Retail Tattoo Shops/Body Piercing CUP Tire Stores, New or Used CUP