12-A TO: ATTENTION: FROM: SUBJECT: Honorable Mayor and Members of the City Council Jeffrey L. Stewart, City Manager Brian McNerney, Public Safety Supervisor Consideration and possible action to read by title only, waive further reading, and introduce Ordinance No. 1366 - An Ordinance amending the Bellflower Municipal Code ( BMC ) 10.10.020 (definitions) and 10.10.160 (designation of specified areas) governing residential parking districts. DATE: October 8, 2018 EXECUTIVE SUMMARY At the August 21, 2018, Regular Public Safety Commission Meeting, the Commission recommended the City Council amend the Bellflower Municipal Code ( BMC ) to require future permit parking districts to include full neighborhood blocks (to avoid partial block districts) by defining a city block. If adopted, Ordinance No. 1366 will amend BMC Sections 10.10.020 and 10.10.160. RECOMMENDATION TO CITY COUNCIL 1) Read by title only, waive further reading, and introduce Ordinance No. 1366; or 2) Alternatively, discuss and take other action related to this item. FISCAL IMPACT None DISCUSSION At the May 14, 2018 City Council Meeting direction was given by Council for the Public Safety Commission to draft a working definition of the term block to be used in forming permit parking districts. Bellflower currently has 24 districts, which, based on a recent parking study by RSG, has proven to be more than average for a City of only six square miles. As a result, the City Council expressed concern that some of the City s recently formed parking districts are too small/irregular, and there should be more standardized criteria for determining district boundaries. Requiring all future districts to conform to boundaries associated with a full City block was one suggestion. Page 1 of 2 1
Staff Report Ordinance Amending BMC Sections 10.10.020 and 10.10.160 October 8, 2018 Page 2 of 2 DISCUSSION - Continued At its regular meeting held on August 21, 2018, the Public Safety Commission voted 5-0 to approve a definition of block for purposes of permit parking. That definition was incorporated into the draft ordinance; it was slightly wordsmithed to make it more readable. A survey of several cities was conducted to determine whether a consistent definition of a block existed within the region. Many had no such definition; those identified in Brea, Buena Park, Long Beach, Norwalk, Pico Rivera, and Placentia were not entirely consistent. ENVIRONMENTAL REVIEW This Ordinance is exempt from further environmental review under the California Environmental Quality Act (California Public Resources Code 21000, et seq., CEQA ) and CEQA Guidelines (14 California Code of Regulations 15000, et seq.) because it establishes rules and procedures for operation of existing facilities and minor alterations in land use. The Ordinance, therefore, is categorically exempt from further CEQA review under CEQA Guidelines 15301and 15304. Additionally, the Ordinance is also exempt from additional review under CEQA pursuant to CEQA Guidelines 15061(b)(3) because the Ordinance is for general policies and procedure-making. This Ordinance does not authorize any new development entitlements, but simply establishes policies and procedures for allowing future construction projects to be considered. Any future project is subject to CEQA review as part of the entitlement review of that project. ATTACHMENTS Aerial Photos Displaying 750 Measurements and Intersecting Streets. 3 Ordinance No. 1366... 5 2
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Scale: 1 in = 128 ft Printed 9/13/2018 4
CITY OF BELLFLOWER ORDINANCE NO. 1366 AN ORDINANCE AMENDING THE BELLFLOWER MUNICIPAL CODE ( BMC ) 10.10.020 (DEFINITIONS) AND 10.10.160 (DESIGNATION OF SPECIFIED AREAS) GOVERNING RESIDENTIAL PARKING DISTRICTS THE CITY COUNCIL DOES ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council finds and declares as follows: A. Section 10.10.020 of the Bellflower Municipal Code ( BMC ), captioned Definitions, is amended to add this definition: 10.10.020 Definitions. Parking Block * * * Parking Block means for purposes of preferential parking district formation only, all residential property abutting or having frontage along one side of the right-ofway of a public street or highway between a street or highway and a railroad right-of-way, terminus or dead-end street or highway, or City boundary. An intersecting street or highway only determines the boundary of the parking block on the side of the street or highway that it intersects. If a parking block exceeds 750 by using the boundaries identified in this definition, then a parking block will not be longer than 750. * * * SECTION 2. read as follows: Bellflower Municipal Code ( BMC ) 10.10.160 is amended to 10.10.160 Designation Process. A. A specified area may be requested through a petition signed by residents living in at least sixty-six percent (66%) of the dwelling units of the proposed specified area and the Director of Public Safety verifies that the petition contains signatures from a sufficient number of qualified persons. Alternatively, a specified area may be requested by order of the City Council without a petition. Once the request has been made by the resident petition process or by order of the City Council, the Director of Public Safety must undertake such surveys or studies as are deemed necessary to determine whether the area should be designated a specified area and must report his/her findings to the City Council. Page 1 of 3 5
City of Bellflower Ordinance No. 1366 Page 2 of 3 B. A specified area must consist of at least parking one block. C. Before residents may present a petition, they must notify all affected residents and provide the Director of Public Safety with sufficient evidence to demonstrate that all affected residents have been notified. SECTION 3. Environmental Review. This Ordinance is exempt from further environmental review under the California Environmental Quality Act (California Public Resources Code 21000, et seq., CEQA ) and CEQA Guidelines (14 California Code of Regulations 15000, et seq.) because it establishes rules and procedures for operation of existing facilities and minor alterations in land use. The Ordinance, therefore, is categorically exempt from further CEQA review under CEQA Guidelines 15301 and 15304. Further, the Ordinance is also exempt from additional CEQA review pursuant to CEQA Guidelines 15061(b)(3) because the Ordinance is for general policies and procedure-making. This Ordinance does not authorize any new development entitlements, but simply establishes policies and procedures for allowing future construction projects to be considered. Any future project is subject to CEQA review as part of the entitlement review of that project. SECTION 4. 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 5. 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 6. 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 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 7. 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. 6
City of Bellflower Ordinance No. 1366 Page 3 of 3 SECTION 8. 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 9. 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 10. 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. SECTION 11. Effective Date. This Ordinance will take effect on the 30 th day following its final passage and adoption. ORDINANCE NO. 1366 HAD ITS FIRST READING ON OCTOBER 8, 2018, 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. Ray Dunton, Mayor ATTEST: Mayra Ochiqui, City Clerk APPROVED AS TO FORM: Karl H. Berger, City Attorney 7