CITY COUNCIL APRIL 20, 2015 CONSENT CALENDAR SUBJECT: ORDINANCE NO. 15-952 ( 2ND READING) APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TO CLARIFY CONSTRUCTION MITIGATION STANDARDS FOR ZONE CLEARANCES AND CEQA AUTHORITY FOR REVIEW BODIES INITIATED BY: CITY CLERK' S DIVISION Yvonne Quarker, City Clerk)' Melissa Crowder, Assistant City Clerk)' V" " STATEMENT ON THE SUBJECT: The City Council will waive further reading and adopt Ordinance No. 15-952 approving an amendment to the zoning ordinance to clarify construction mitigation standards for zone clearances and CEQA authority for review bodies. RECOMMENDATION: Waive further reading and adopt Ordinance No. 15-952, " AN ORDINANCE OF THE CITY COUNCIL OF WEST HOLLYWOOD, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TO CLARIFY CONSTRUCTION MITIGATION STANDARDS FOR ZONE CLEARANCES AND CEQA AUTHORITY FOR REVIEW BODIES." BACKGROUND: On April 6, 2015, the City Council introduced on first reading Ordinance No. 15-952. Ayes: Councilmember Duran, Councilmember Horvath, Councilmember Meister, and Mayor D' Amico. Noes: None. Abstain: None. Absent: None. CONFORMANCE WITH VISION 2020 AND THE GOALS OF THE WEST HOLLYWOOD GENERAL PLAN: Strategic Program of: Institutional This item is consistent with the Ongoing Integrity and the General Plan Goal to G- 2: Maintain transparency and integrity in West Hollywood' s decision-making process. AGENDA ITEM 2. F.
Ordinance 15-952 ( 2nd Reading) Page 2 OFFICE OF PRIMARY RESPONSIBLILITY: Office of the City Clerk EVALUATION: N/ A ENVIRONMENTAL SUSTAINABILITY AND HEALTH: N/ A FISCAL IMPACT: None
ORDINANCE NO. 15-952 AN ORDINANCE OF THE CITY OF CITY COUNCIL OF WEST HOLLYWOOD, APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TO CLARIFY CONSTRUCTION MITIGATION STANDARDS FOR ZONE CLEARANCES AND CEQA AUTHORITY FOR REVIEW BODIES. THE CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City of West Hollywood initiated amendments to the Zoning Ordinance to clarify the construction mitigation standards for Zone Clearance projects with a required form summarizing standards ( Minor Construction Mitigation Period Plan) and to clarify the authority for review bodies to adopt/certify CEQA documents, which reflects that current practice within the City but not explicity stated in the Zoning Ordinance. SECTION 2. A public hearing was duly noticed for the Planning Commission meeting of March 5, 2015 by publication in the Beverly Press newspaper, the West Hollywood Independent Newspaper, required state and local agencies, and the City website and by announcement on City Channel 6 by February 20, 2015. A notice for cancellation and continuance of public hearing was posted on March 5, 2015 for the Planning Commission meeting on March 19, 2015. On March 19, 2015, the Planning Commission unanimously voted to adopt Resolution PC 15-119 and recommend approval of the zone text changes discussed herein. SECTION 3. The West Hollywood City Council properly reviewed and considered this matter at a public hearing on April 6, 2015. Public Notice of the hearing was advertised by publication in the West Hollywood Independent and Beverly Press by April 2, 2015, and by announcement on City Channel 6, as well as the City website by April 2, 2015. SECTION 4. This proposed text changes to the City' s Municipal Code are categorically exempt from the California Environmental Quality Act ( CEQA) pursuant to Section 15061 and 15321. Section 15061 states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Section 15321 explains that " actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issues, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard or objective, administered or adopted by the regulatory agency" are categorically exempt. The zone text changes are categorically exempt as they are procedural in nature and do not change any existing policy or practice with respect to zone clearances or CEQA. SECTION 5. The West Hollywood City Council hereby finds that Zone Text Amendment 2015-0001 is consistent with the Goals and Policies of the General Plan,
Ordinance No. 15-952 Page 2 specifically Policy LU- 1, which states that the City should " maintain an urban form and land use pattern that enhances quality of life and meets the community's vision for its future." A clearer Zoning Code that reflects current practices and ensures compliance with construction mitigation standards will help the City meets these goals. SECTION 6. Section 19. 40. 020 in Chapter 19. 40 of Title 19 of the West Hollywood Municipal Code is amended to read as follows: Table 4-1 ( Review Authority) identifies the city official or body responsible for reviewing and making decisions on each type of application, land use permit, and other entitlements required by this Zoning Ordinance. The Director may refer any request to the Commission for a decision. Additional fees shall not be charged to the applicant in the event of a Director' s referral. See also Section 19. 62. 070 ( Amendments to an Approved Project). Any city official or body serving as the City' s decision- making or appeal Review Authority for a project as set forth in Table 4-1 shall have the authority to adopt and/ or certify Environmental Quality Act. environmental reviews performed under the California SECTION 7. Subsection ( F) of Section 19. 40. 040 in Chapter 19. 40 of Title 19 of the West Hollywood Municipal Code is amended to read as follows: F. Environmental Assessment. All development applications shall be reviewed, as required by the California Environmental Quality determine whether: issued; or Act ( CEQA), to 1. The proposed project is exempt from the requirements of CEQA; 2. A negative declaration or mitigated negative declaration may be 3. An environmental impact report ( EIR) shall be required. These determinations and, where required, the preparation of EIRs or other focused studies shall be in compliance with the city' s CEQA Guidelines. In addition to the City Council, any city official or body serving as the City's decision- making or appeal Review Authority for a project as set forth in Table 4-1 in Section 19.40.020 shall have the authority to adopt and/ or certify environmental reviews performed under the California Environmental Quality Act. SECTION 8. Section 19. 42. 040 in Chapter 19. 42 of Title 19 of the West Hollywood Municipal Code is amended to read as follows: A. Decisions of the Director may be appealed in compliance with Chapter 19. 76 ( Appeals). The procedures of Chapter 19. 62 ( Permit Implementation, Time Limits, and Extensions) shall apply after the issuance of a zone clearance. 2
Ordinance No. 15-952 Page 3 B. Construction Mitigation. Prior to receiving a Building Permit, the applicant shall submit a Minor Construction Mitigation Period Plan on a form provided by the Community Development Department, demonstrating compliance with the applicable construction mitigation standards in this code. PASSED, APPROVED AND ADOPTED by the City Council of the City of West 20th held this day of April, 2015 by the following vote: Hollywood at a regular meeting AYES: NOES: ABSENT: ABSTAIN: LINDSEY HORVATH, MAYOR ATTEST: YVONNE QUARKER, CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) CITY OF WEST HOLLYWOOD ) I, YVONNE QUARKER, City Clerk of the City of West Hollywood, do hereby certify that the foregoing Ordinance No. 15-952 was duly passed, approved and adopted by the City Council of the City of West Hollywood at a regular 20th meeting held on the day of April 2015, after having its first reading at the regular meeting of said City Council on the 6tn day of April 2015. I further certify that this ordinance was posted in three public places as provided for in Resolution No. 5, adopted the 29th day of November, 1984. WITNESS MY HAND AND OFFICIAL SEAL THIS 21st DAY OF APRIL, 2015. YVONNE QUARKER, CITY CLERK 3