Honorable Mayor and Members of the City Council

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1 14-I TO: ATTENTION: FROM: SUBJECT: Honorable Mayor and Members of the City Council Jeffrey L. Stewart, City Manager Rowena Genilo-Concepcion, Interim Director of Planning and Building Services Jason P. Clarke, Acting Planning Manager Consideration and possible action to waive further reading and adopt - An Ordinance approving Zoning Ordinance Text Amendment Case No. ZOTA amending certain sections of Title 17 (Zoning) to the Bellflower Municipal Code (BMC) allowing specified multi-family residential uses to be permitted by right within the R-1 (Low Density Residential) Zone, R-2 (Medium Density Residential) Zone, and R-3 (Multiple Residential) Zone, subject to development review; Applicant: City of Bellflower DATE: October 23, 2017 EXECUTIVE SUMMARY If is approved, a Conditional Use Permit would no longer be required for specified multi-family residential uses. However, such uses would remain subject to development review by the Director of Planning and Building Services, or by the Planning Commission, depending on the number of units. Furthermore, multi-family projects involving subdivisions remain subject to the provisions of Title 16 (Subdivisions). As part of this ZOTA, the term dwelling group is proposed to be deleted from the Bellflower Municipal Code (BMC). Lastly, religious facilities is proposed to be added in the R-3 conditional uses section, to be consistent with the R-1 Zone. On January 17, 2017, the Planning Commission adopted Resolution No. PC which authorized staff to start the ZOTA process. On August 21, 2017, the Planning Commission recommended approval of the ZOTA to the City Council. On October 9, 2017, City Council introduced the Ordinance. RECOMMENDATION TO CITY COUNCIL 1) Waive further reading and adopt ; or 2) Alternatively, discuss and take other action related to this item. FISCAL IMPACT Not requiring a CUP for residential projects will eliminate $3,408 in CUP fee as staff labor cost recovery will no longer be applicable. The average number of applicable projects was two per year for the past two years. Page 1 of 2 Page 1 of 19

2 Staff Report ZOTA October 23, 2017 Page 2 of 2 BACKGROUND/DISCUSSION: On October 9, 2017, the Mayor and City Council voted 5 0, and introduced the subject ordinance. ATTACHMENT... 3 October 9, 2017, City Council Staff Report Without Attachments Page 2 of 19

3 CITY OF BELLFLOWER ORDINANCE NO AN ORDINANCE APPROVING ZONING ORDINANCE TEXT AMENDMENT CASE NO. ZOTA AMENDING CERTAIN SECTIONS OF TITLE 17 (ZONING) TO THE BELLFLOWER MUNICIPAL CODE (BMC) ALLOWING SPECIFIED MULTI-FAMILY RESIDENTIAL USES TO BE PERMITTED BY RIGHT WITHIN THE R-1 (LOW DENSITY RESIDENTIAL) ZONE, R-2 (MEDIUM DENSITY RESIDENTIAL) ZONE AND R-3 (MULTIPLE RESIDENTIAL) ZONE, SUBJECT TO DEVELOPMENT REVIEW; APPLICANT: CITY OF BELLFLOWER THE CITY COUNCIL DOES ORDAIN AS FOLLOWS: SECTION 1. Recitals. The City Council finds and determines as follows: A. On January 17, 2017, the Planning Commission adopted Resolution No. PC which authorized staff to begin the process to amend applicable sections and a chapter in Title 17 (Zoning) of the Bellflower Municipal Code to allow two or more multi-family residential units to be permitted by right uses rather than conditional uses within the R-1, R-2, and R-3 Residential zones and to require Development Review approval for design of these multi-family residential projects. B. The City of Bellflower is proposing Zoning Ordinance Text Amendment Case No. ZOTA 17-08, to amend Bellflower Municipal Code ( BMC ) R-1 (Low Density Residential) Zone; R-2 (Medium Density Residential) Zone; R-3 (Multiple Residential) Zone; (A), (B), , (Development Review); and (Definitions). C. The City reviewed this Ordinance pursuant to the California Environmental Quality Act (Pub. Res. Code 21000, et seq., CEQA ), the regulations promulgated thereunder (14 Cal. Code of Reg ), and the City of Bellflower s Procedures for Implementing CEQA. D. On August 21, 2017, 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. E. On August 21, 2017, the Planning Commission adopted Resolution No. PC 17-14, recommending the City Council approve ZOTA F. Notices of Public Hearings before the Planning Commission and the City Council were duly given and published in the time, form, and manner as required by law. G. On October 9, 2017, the City Council held a public hearing and considered the information provided by City staff and public testimony regarding this Ordinance; and Page 1 of 14 Page 3 of 19

4 Page 2 of 14 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 October 9, 2017 hearing and the staff report submitted by the Planning Department. SECTION 2. Zoning Ordinance Text Amendment Findings. BMC Title 17 may be amended whenever the public convenience or general welfare require it. The changes implemented by this Ordinance will streamline the development process for multi-family residential development within compatible Residential zones; will contribute to the City s commitment of being business-friendly; will help reduce potential misinterpretations and confusion by the public; will ensure that multi-family residential development as a land use will be consistent with the purposes and objectives of the R- 1 (Low Density Residential), R-2 (Medium Density Residential), and R-3 (Multiple Residential) Zones; and will ensure that the design standards applicable to each Residential zone will be satisfied, thus, facilitating high quality design and development in the City. SECTION 3. General Plan Findings. Pursuant to Government Code 65860, the changes implemented by this Ordinance are consistent with the General Plan. This Ordinance will implement the following Implementation Program policies from the General Plan Land Use Element: 1. Medium Density Residential Implementation Program 1.3: Establish zoning which encourages developers to design Medium Density Residential projects which maintain the scale and rhythm of lot divisions and building siting which establishes and maintains a distinctive character and environment for existing residential neighborhood. 2. Medium Density Residential Implementation Program 1.4: Encourage developers to achieve a high level of architectural design for all new residential development which is reflective of the City s design heritage and is compatible with and complements existing residential structures. Require that new residential development be compatible with and complement existing structures including: a. The creation of appropriate front yard setbacks; b. The use of compatible building materials, colors, and forms; c. The use of site landscaping to complement the architectural design of the structure; d. Limitation of front yard paving for driveways; e. Require appropriate parking for all uses, residents, and visitors; f. Design of common open space that is easily accessible and of sufficient size to be useable by residents; and g. Inclusion of entries which convey a sense of individual identity for each residential unit. 3. High Density Residential Policy 1: Provide for development of high density multi-family units which are characterized by the predominance of high Page 4 of 19

5 Page 3 of 14 density apartments, condominiums, and townhomes, ensuring that new development is compatible in scale and character with existing structures. Furthermore, the ZOTA will streamline the development process for multifamily residential development within compatible Residential zones; will contribute to the City s commitment of being business-friendly; will eliminate any potential misinterpretations and confusion by the public; will ensure that multi-family residential development as a land use will be consistent with the purposes and objectives of the R-1 (Low Density Residential), R-2 (Medium Density Residential), and R-3 (Multiple Residential) Zones; and will ensure that the design standards applicable to each Residential zone will be satisfied, thus, facilitating high quality design and development in the City. SECTION 4. The proposed revisions to the various sections and chapter of the BMC will be illustrated with italicstrikethrough for existing language that is proposed for elimination and bold and underlined for new language): SECTION 5. BMC Section (Definitions) is amended to modify and/or delete the following: Building Site Building site shall means a lot or parcel of land, in single or joint ownership, and occupied or to be occupied by a main building and accessory building and accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required by the terms of this title and having its principal frontage on a street, road or highway. Dwelling Group Dwelling group shall mean a group of two (2) or more detached or semidetached dwelling units occupying a parcel of land under one (1) ownership and having joint usage of any yard or court. A dwelling group is a two-family dwelling or multiple dwelling, depending upon the number of dwelling units it contains. Dwelling, Multiple or Dwelling, Multiple Family Multiple dwelling or multiple family dwelling shall means a building designed to be occupied by more than two (2) housekeeping units living independently of each other for all purposes including, but not limited to, food preparation. Except as otherwise permitted by this Code, each dwelling unit in a multiple dwelling or multiple family dwelling may be used only by one (1) housekeeping unit. A multiple dwelling can also constitute detached or semi-detached dwelling units occupying a parcel of land. Lot Lot shall means a parcel of land in single or joint ownership, and occupied or to be occupied by a main building and accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required by the terms of this chapter and having its principal frontage on a street, and must be a lot of record. Page 5 of 19

6 Page 4 of 14 SECTION 6. BMC Section , R-1 (Low Density Residential) Zone is amended to read as follows: The following uses only shall be are permitted in the R-1, Low Density Residential Zone unless as may be otherwise provided for in this chapter: A. Single family residence of a permanent character placed in a permanent location. B. Maintaining mail addresses for business license purposes only, providing no stock in trade, supplies, professional equipment, apparatus, or business equipment are kept on the premises, and provided that no employees or assistants perform or are engaged for services on the premises or that no employee would pick up a vehicle at the premises in a residential zone. C. Home occupation. D. Private greenhouses and horticultural collections, flower and vegetable gardens and fruit trees. E. The kkeeping of not more than two (2) nontransient boarders or lodgers by a resident family in the main dwelling unit. The keeping of mmore than two (2) such boarders shall requires a Conditional Use Permit as provided by that chapter. F. The provisions of Section (E) apply to the keeping of animals in the R-1 zone. G. The provisions of Section (F) apply to yard and garage sales in the R-1 zone. H. The provisions of Section (G) apply to the dismantling, repairing of, or storing of vehicles in the R-1 zone. I. Foster Family Homes for Children. A family home is noninstitutional in character which provides twenty-four (24) hour care, with or without compensation. The number of children in the home under sixteen (16) years of age old, including the children of the foster family shall cannot exceed a total of six (6). A license for the operation of a foster family home for children shall be obtained from the State of California. J. Manufactured home. K. Accessory Structure. An incidental and nonhabitable structure that is not attached to the main building on the same lot. If an accessory structure is attached to the main building or if the roof is a continuation of the main building roof, the accessory structure shall be is considered an addition to the main building. Any addition shall must meet those development standards required for the main building. Bathroom and kitchen facilities within any accessory structure are prohibited, unless approved by the Planning Director or designee. A covenant for the accessory structure shall must also be recorded with the Los Angeles County Recorder s Office, as approved and reviewed by the Director of Community Development or designee. L. The following day care homes, as defined in Section of the California Health and Safety Code: 1. Small family day care homes. 2. Large family day care homes. M. Second dwelling unit consistent with all standards in Section of this Code. Page 6 of 19

7 Page 5 of 14 N. On-premises signs for institutional/quasi-public uses, pursuant to approval of a Sign Permit and as set forth in Section of this Code. O. Transitional/supportive housing similar to those residential types in this section, subject to Section of this code. P. Community care facility serving six (6) or fewer persons. Q. Cottage food operations, consistent with all standards in Section of this Code. R. Community apartment, condominium, planned development, and stock cooperative as defined in Section , in accordance with all conditions set forth in Sections through and in accordance with all procedures set forth in Chapter of thie Code. S. Multiple family dwellings. SECTION 7. BMC Section , R-1 (Low Density Residential) Zone is amended to read as follows: The following public and private uses may be permitted if the location and development are approved by the Planning Commission as provided in Chapter 17.96: A. Civic and community clubs, not operated for profit, provided there is no license for the sale or consumption of liquor on the premises, and provided premises are not rented to others. If the total gross floor area of the proposed use is less than five thousand (5,000) square feet, it may be allowed with a Minor Conditional Use Permit. B. Country clubs and golf courses, excepting miniature courses and similar commercial enterprises. C. Religious facilities, excluding rescue missions and temporary public assemblies, whether held in a permanent building or in a tent or other temporary building. Religious facilities with a total gross floor area of less than five thousand (5,000) square feet may be allowed with a Minor Conditional Use Permit. D. Museums not operated for profit. If the total gross floor area of the proposed nonprofit museum use is less than five thousand (5,000) square feet, it may be allowed with a Minor Conditional Use Permit. E. Parks and playgrounds. F. Utility substations. G. Rest home, limited to foster family home for aged persons, as defined by applicable law, or small group home. Such homes are limited to twenty (20) persons who have reached the age of sixty-five (65) years and provided appropriate licenses are obtained from the State of California. H. Low-intensity educational institutions are subject to a Minor Conditional Use Permit approval, must obtain appropriate licenses from the State of California, and be in accordance with the following: 1. One (1) parking space shall must be provided: a) for each employee; and b) for every two (2) students the low-intensity educational institution is designed to accommodate. All parking areas must conform to Chapter A site plan must be submitted to include proposed student loading and unloading area subject to review and approval by the Director of Planning. Page 7 of 19

8 Page 6 of A pedestrian safety plan must be submitted to include proposed safe paths of travel, such as crosswalks at signaled intersections and across parking lots. Crossing guards may also be recommended subject to review and approval by the Director of Planning. 4. A security plan must be submitted to include proposed safety measures such as security cameras, gates/fencing, security guards, and check-in/check-out procedures. 5. No incidental instruction, low-intensity educational institution, or highintensity educational institution may be located within seven hundred fifty (750) linear feet from any other incidental instruction, low-intensity educational institution, or high-intensity educational institution. 6. Outdoor play hours are limited to the hours between 9:00 a.m. and 6:00 p.m. if the play area is within one hundred (100) feet of an occupied residence. 7. Not more than an aggregate of fifteen percent (15%) of the total gross floor area of available first floor building space within a commercial/retail center may be occupied by any incidental instruction, low-intensity educational institution, high-intensity educational institution, or combination. An inventory of the existing commercial/retail center uses must be submitted to the Planning Director, or designee, upon submitting an application. 8. Such other requirements as the Director of Planning Director, or designee, may deem finds necessary to ensure such use shall does not unduly interfere with the use and enjoyment of properties or streets in the surrounding areas. I. Community apartment, condominium, planned development, and stock cooperative as defined in Section , in accordance with all conditions set forth in Sections through J. Dwelling group. KI. Transitional/supportive housing similar to those residential types in this section, subject to Section SECTION 8. BMC Section , R-2 Medium Density Residential Zone is amended to read as follows: The following uses are permitted in the R-2 Zone. A. Any use permitted in the R-l, subject to all conditions applicable thereto. B. Multiple family residential uses as follows, subject to the provisions of Sections through Community apartment. 2. Duplex or two-family dwellings. (subject to the provisions of Sections through ). 3. Planned developments (subject to the provisions of Chapter 17.60). 4. Stock cooperative. 5. Transitional/supportive housing similar to those residential types in this section, subject to Section Community care facility serving six (6) or fewer persons. 7. Condominiums. 8. Multiple family dwellings. Page 8 of 19

9 Page 7 of 14 SECTION 9. BMC Section , R-2 Medium Density Residential Zone is amended to read as follows: All the regulations of the R-1 District pertaining to Conditional Use Permits shall also apply to the R-2 District, and the same uses shall will be permitted only after a valid Conditional Use Permit has been is approved in the manner and subject to the same conditions as provided for in Chapter In addition, the following uses may be permitted after approval of a Conditional Use Permit as provided in Chapter 17.96: 1. Condominiums; 2. Dwelling group; 3. Multiple family dwellings; 41. Transitional/supportive housing similar to those residential types in this section, subject to Section SECTION 10. BMC Section , R-3 Multiple Residential Zone is amended to read to follows: The following uses are permitted in the R-3 Zone. A. Any use permitted in the R-2, Medium Density Residential Zone, subject to all conditions applicable thereto. B. Multiple family residential uses as follows, subject to the provisions of this chapter. 1. Community apartment. 2. Planned developments (subject to the provisions of Chapter 17.60). 3. Stock cooperative. 4. Transitional/supportive housing similar to those residential types in this section, subject to Section Community care facility serving six (6) or fewer persons. 6. Condominiums. 7. Multiple family dwellings. SECTION 11. BMC Section , R-3 Multiple Residential Zone is amended to read to follows: All regulations of the R-2 District pertaining to the Use Permits shall also apply to the R-3 District, and the same uses shall be are permitted only after a valid Conditional Use Permit has been is approved by the Planning Commission in the manner and subject to the same conditions as provided for in Chapter In addition, the following uses may be permitted after approval of the Conditional Use Permit as provided in Chapter A. Boarding and lodging houses. B. Mobile home park. C. Private clubs, fraternities, sororities, and lodges, excepting those whose chief activity is a service customarily carried on as a business, and provided the consumption of alcoholic beverages is not permitted on the premises. D. Religious facilities, excluding rescue missions and temporary public assemblies, whether held in a permanent building or in a tent or other Page 9 of 19

10 Page 8 of 14 temporary building. Religious facilities with a total gross floor area of less than five thousand (5,000) square feet may be allowed with a Minor Conditional Use Permit. DE. Public or Private Parking Lots. When the proposed location is an area designated High Density Residential on the General Plan or the location is existing R-3 Zone, the parking lot must be improved as required in Chapter The following development standards must be met in addition: 1. Provide landscaped setbacks as required in the zone district. 2. Provide a minimum of ten percent (10%) landscaping on the interior of the parking lot exclusive of required setbacks. 3. Specific additional requirements to protect the adjacent residential uses, which the Commission determines as necessary. EF. Child care center, provided that such center shall be is required to maintain: 1. Licenses from the appropriate agencies of the State of California and the County of Los Angeles. 2. One (1) parking space shall must be provided for every two (2) employees plus one parking space for every five (5) children the facility is designed to accommodate. In no event shall will less than three (3) parking spaces be provided for each such use. All parking shall must conform to Chapter FG. Residential care facilities for the elderly, as defined in Chapter of this Code, provided appropriate license shall must be obtained from the State of California for seven (7) or more persons. The following requirements shall apply: 1. One-half (.5) of a parking space per bed shall must be provided. 2. Such uses shall cannot be located within one thousand (1,000) feet from any other residential care facility for seven (7) or more persons, including for the elderly. GH. Group care homes with seven (7) or more clients licensed by a Federal or State Agency for housing and nonmedical care for children, the elderly, or physically or mentally handicapped people in a family-like environment. HI. Wireless communication facilities, excluding ground mounted antennas. I. Condominiums. J. Dwelling group. K. Multiple family dwellings. J. Transitional/supportive housing similar to those residential types in this section, subject to Section SECTION 12. BMC Section is amended as follows: A. Improvements Subject to Development Review by the Planning Director, or designee. Improvements subject to development review by the Planning Director, or designee include, without limitation, the following: 1. New construction of commercial or industrial buildings including any addition of gross leasable area, as determined by the Planning Director, or designee; Page 10 of 19

11 Page 9 of New construction of two (2) residential units on a single lot; 3. Alteration of an existing structure to create two (2) or more residential units on a single lot; 4. Improvements to properties with a nonconforming building, structure or use when required by provisions in Chapter (Nonconforming Buildings and Uses); and 5. Improvements which the Planning Director, or designee determines are similar to those listed above. B. Improvements Subject to Development Review by the Planning Commission. The following improvements are subject to development review by the Planning Commission: 1. New construction of three or more residential units on a single lot. B.C. Improvements Subject to Development Review During Plan Check. The following projects are considered minor improvements requiring Development Review at Plan Check to ensure compliance with the intent of this chapter, but are not subject to the application requirements of Section : 1. Additions to existing structures, partial or complete structure or building demolition; 2. Modifications to the exterior of a structure, including, without limitation: addition(s) or modification(s), exterior colors or materials, windows, doors, rooftop equipment, roof material or color, skylights, solar panels, or loading docks; 3. Addition of paved area to a front yard, including cement and brick, except for pedestrian walkways not exceeding the minimum width required by applicable law including the Americans with Disabilities Act; 4. Fences and walls; 5. Decks above grade at any point, gazebos, patio covers, trellises, windscreens, exterior security bars, and similar improvements; 6. Exterior spas, hot tubs, or swimming pools, whether portable, temporary, or permanent; 7. Any signage, including, without limitation, new or replacement sign(s); cabinet(s); face(s); board(s); panel(s); painted building surface(s); neon; or any Page 11 of 19

12 Page 10 of 14 other electrical or graphics signage; except to repair/refurbish as specifically approved by this chapter; 8. Any plumbing, mechanical, or electric alterations to building exterior; 9. Modifications to the interior of a conforming structure which do not change the use or occupancy class; and 10. All improvements which the Planning Director, or designee determines are similar to those listed above. C. D. Improvements Exempt from Development Review. Notwithstanding anything to the contrary, the following improvements do not require development review: 1. Repainting or restaining of buildings or structures on properties in Residential R or A districts, which are not in a PD District, provided the new color is not fluorescent, luminescent, or bright, multi-colored patterns/mural, except as specifically approved previously for minor building trim or sign accent by the process provided in Subsection (A) or (B) of this section; 2. Repainting or restaining of buildings or structures on properties in C-G, T- C, M-l, and O-S or any PD districts, provided the new color is within a project color palette previously approved by the City with the specific development plan for the project; 3. Exterior landscaping of a single-family detached home (one (1) house per parcel) unless required as a condition of approval of subdivision, conditional use permit, or development review; 4. Replacement of landscape materials with the same species and original size or larger plant; 5. Replacement of portions of the exterior of structures or improvements using materials of the same size, type, texture, and color, as specifically approved previously by the process provided in Subsection (A) or (B) of this section; and 6. Storage sheds of less than one hundred twenty (120) square feet of roof area, lower than seven and one-half (7.5) feet above grade, in a rear yard of a single-family residence which meets setback requirements. SECTION 13. BMC Sections (A) Development Review Procedures is amended as follows: Development Review Procedures for Improvements Listed in Section (A). Page 12 of 19

13 Page 11 of 14 A. Application. The applicant must submit an application, accompanied by plans, supporting information, and an application fee as established by City Council resolution to the Planning Director, or designee. The required content of the application, supporting information, and the plans is determined by the Planning Director. B. Review of Completeness. Within thirty (30) days of submittal of after an application is filed the application, the Planning Director, or designee, must determine if the application is complete. C. Decision. The Planning Director must either approve, approve with conditions, or deny the application in accordance with the provisions of this chapter and any other applicable law within ten (10) days from the date the application is deemed complete. The Planning Director may refer any application to the Planning Commission for comment or final action. When a development review application requires other approvals by the City, such as a variance, conditional use permit, subdivision or zone change, the development review will occur concurrently with the Planning Commission s review of the other requests, to expedite the development process. D. Notice of Decision. Written notice of decision must be provided within ten (10) days after the decision is rendered. E. A decision is not effective until the permittee acknowledges acceptance of any conditions and any appeal period has lapsed, or a waiver of right to appeal is filed, or if there is an appeal, until a final decision has been made on the appeal. By use of entitlements granted by a development application, the applicant acknowledges agreement with conditions of approval. F. Duration of Approval. 1. Approval or conditional approval of development review applications is valid for twelve (12) months after the date of approval, unless a building permit (plan check) application is submitted to the Building Official, or designee, for the project within that twelve (12) month period, in which case the approval is valid as long as the plan check or building permits for the project are valid. Upon good cause shown, the Planning Director may grant one extension of an approval of not more than twelve (12) months in the aggregate, from the original expiration date. 2. An approval, or conditional approval, may be transferred from the owner to whom it has been issued to successive owners of the property prior to expiration of the approval. 3. Partial and/or complete demolition of any structure, building, or real improvement must be completed, and all debris removed from the site, within sixty (60) days of permit approval or such other date determined to be in furtherance of the criteria of this chapter. Page 13 of 19

14 Page 12 of Defective Application/Plans. Anything which is not shown on application/plans, or which is not specifically approved, or which is not in compliance with this chapter, is not approved. Any application and/or plans which are defective as to, without limitation, omissions, dimensions, scale, use, colors, materials, encroachments, easements, etc., renders any entitlements granted by this chapter null and void. Construction (if any) must cease until all requirements of this chapter are complied with. 5. Development entitlements may be withheld until and violations of this Code or other applicable law violations are abated to the satisfaction of the City Manager, or designee. G. Appeal of Planning Director s Action. The applicant may file an appeal with the Planning Commission from any denial, approval, or conditional approval of any application by the Planning Director pursuant to this chapter. Said appeal must be in writing and must be filed with the City Clerk not later than ten (10) days after the Planning Director s action. Appeals must set forth the alleged inconsistency or nonconformity with procedures or criteria set forth in this chapter, and must be accompanied by a filing fee as established by City Council resolution. Not less than ten (10) calendar days before the date set for the Planning Commission hearing on the appeal, written notice must be given to the appellant or his/her representative, and to the property owner, of the date, time, and place of the hearing. The Planning Commission may affirm, reverse, or modify the decision of the Planning Director, at all times being guided by the criteria set forth in this chapter. An appeal of the Planning Commission s decision may be filed pursuant to Chapter of this Code. The decision of the City Council is final. SECTION 14. read to follows: BMC Chapter is amended to add a new section to Development Review Procedures For Improvements List in Section (B). Applications for development review by the Planning Commission are subject to Section Notwithstanding the foregoing: A. The Planning Commission must consider the application at a noticed public hearing in accordance with Section of this Code. The Planning Commission must either approve, approve with conditions, or deny the application in accordance with the findings in Section B. Not more than 10 days following completion of Commission action, the Planning Commission must announce its findings by formal resolution, and the resolution must identify, among other things, the Planning Commission s findings of facts and conclusions that support the grant, denial or modification of the Development Review application necessary to carry out the provisions of this code; and if such resolution grants a Page 14 of 19

15 Page 13 of 14 Development Review approval, it will also impose such conditions of approval needed to implement this code and protect public health, safety and welfare. A copy of that decision will be transmitted to the applicant within 10 business days following the Planning Commission s decision. C. The action of the Planning Commission on any such Development Review application will be final and effective within 10 days after adopting a written resolution, unless the decision is appealed to the City Council in the manner prescribed in Chapter of this Code. D. The Planning Commission s decision is advisory to the City Council should additional discretionary approvals be required from the City Council. Under such circumstances, the City Council s decision will be final. SECTION 15. Environmental Assessment. This Ordinance is not subject to additional environmental review under the California Environmental Quality Act (Public Resources Code 21000, et seq.; CEQA ) for the following reasons: (1) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs (c)(2); (2) there is no possibility that the ordinance may have a significant effect on the environment (14 Cal. Code Regs (b)(3); and (3) the ordinance does not constitute a project as defined in the CEQA Guidelines (14 Cal. Code Regs ). The ordinance amends the regulatory and administrative procedures for City review and approval of multi-family residential units in various residential zones. The Ordinance does not, by itself, does not propose actual physical development. Any future proposed development utilizing the zoning regulations within the Ordinance would undergo separate environmental review. SECTION 16. Notice of Determination. The City Manager, or designee, is directed to file a Notice of Determination in accordance with CEQA and any other applicable law. SECTION 17. Validity of Previous Code Sections. If the entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal of the BMC or other regulation by this Ordinance will be rendered void and cause such BMC provision or other regulation to remain in full force and effect for all purposes. SECTION 18. 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 19. 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 Page 15 of 19

16 Page 14 of 14 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 20. Preservation. Repeal or amendment of any previous Code Sections 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 21. 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 provision or application and, to this end, the provisions of this Ordinance are severable. SECTION 22. 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 23. Effective Date. This Ordinance will become effective on the 31 st day following its passage and adoption. ORDINANCE NO HAD ITS FIRST READING ON OCTOBER 9, 2017, ITS SECOND READING ON OCTOBER 23, 2017, AND WAS DULY PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF OCTOBER 23, ATTEST: Ron Schnablegger, Mayor Mayra Ochiqui, City Clerk APPROVED AS TO FORM: Karl H. Berger, City Attorney Page 16 of 19

17 11-B TO: ATTENTION: FROM: SUBJECT: Honorable Mayor and Members of the City Council Jeffrey L. Stewart, City Manager Rowena Genilo-Concepcion, Interim Director of Planning and Building Services Jason P. Clarke, Acting Planning Manager Consideration and possible action to conduct a public hearing to consider a Zoning Ordinance Text Amendment; and read by title only, waive further reading, and introduce An Ordinance approving Zoning Ordinance Text Amendment Case No. ZOTA amending certain sections of Title 17 (Zoning) to the Bellflower Municipal Code (BMC) allowing specified multi-family residential uses to be permitted by right within the R-1 (Low Density Residential) Zone, R-2 (Medium Density Residential) Zone, and R-3 (Multiple Residential) Zone, subject to development review.; Applicant: City of Bellflower DATE: October 9, 2017 EXECUTIVE SUMMARY If ZOTA is approved, a Conditional Use Permit would no longer be required for specified multi-family residential uses. However, such uses would remain subject to development review by the Director of Planning and Building Services, or by the Planning Commission, depending on the number of units. Furthermore, multi-family projects involving subdivisions remain subject to the provisions of Title 16 (Subdivisions). As part of this ZOTA, the term dwelling group is proposed to be deleted from the Bellflower Municipal Code (BMC). Lastly, religious facilities is proposed to be added in the R-3 conditional uses section, to be consistent with the R-1 Zone. On January 17, 2017, the Planning Commission adopted Resolution No. PC which authorized staff to start the ZOTA process. On August 21, 2017, the Planning Commission recommended approval of the ZOTA 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.1346; or 2) Alternatively, discuss and take other action related to this item. FISCAL IMPACT Not requiring a CUP for residential projects will eliminate $3,408 in CUP fee as staff labor cost recovery will no longer be applicable. The average number of applicable projects was two per year for the past two years. Page 1 of 3 Page 17 of 19

18 Staff Report for ZOTA October 9, 2017 Page 2 of 3 PUBLIC NOTICE On September 28, 2017, a Public Hearing Notice was posted at City Hall, Brakensiek Library, Bellflower Substation, Thompson Park, Caruthers Park and Simms Park; and a Public Hearing Notice was published in the Herald American newspaper. ENVIRONMENTAL REVIEW The Planning Commission found the proposed ordinance is not subject to additional environmental review under the California Environmental Quality Act (Public Resources Code 21000, et seq.; CEQA ) for the following reasons: (1) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs (c)(2); (2) there is no possibility that the ordinance may have a significant effect on the environment (14 Cal. Code Regs (b)(3); and (3) the ordinance does not constitute a project as defined in the CEQA Guidelines (14 Cal. Code Regs ).The ordinance amends the regulatory and administrative procedures for City review and approval of multi-family residential units in various residential zones. The Ordinance does not, by itself, does not propose actual physical development. Any future proposed development utilizing the zoning regulations within the Ordinance would undergo separate environmental review. DISCUSSION On August 21, 2017, the Planning Commission adopted Resolution No. PC 17-14, recommending the City Council approve ZOTA 17-08, as drafted. The proposed Ordinance would remove the requirement that specified multi-family residential units secure a Conditional Use Permit (CUP). Based upon past City Council direction, removing the CUP requirement will help facilitate land use approvals for multifamily residential uses within compatible residential zones. The proposed amendments to Title 17 include the following: 1. Delete references to dwelling groups in the residential zones and Section Definitions. Add some language from dwelling groups to dwelling, multiple or dwelling, multiple family in Section Definitions. The existing code defines dwelling groups as a group of two (2) or more detached or semi-detached dwelling units occupying a parcel of land under one (1) ownership and having joint usage of any yard or court. A dwelling group is a two-family dwelling or multiple dwelling, depending upon the number of dwelling units it contains. This definition could be applied to other multi-family residential uses such as duplexes, condominiums, and multi-family dwellings. Staff believes it is redundant to have a different definition for basically the same type of multi-family residential use. Staff believes deleting the term dwelling groups will eliminate potential misinterpretations and confusion. 2. Delete phrases community apartments, condominiums, planned developments, stock cooperatives, dwelling groups, and multiple family dwellings as conditional uses in Subsections (R-1 Zone), (R-2 Zone), and (R-3 Zone). These would then constitute by right uses (assuming they meet all other requirements of the Bellflower Municipal Code including, without limitation, development standards per zone and compliance with the uniform codes adopted by the state of California). Page 18 of 19

19 Staff Report for ZOTA October 9, 2017 Page 3 of 3 DISCUSSION Continued These types of multi-family residential units are typically permitted within the aforementioned residential zones. The purpose of the CUP is to provide an opportunity for the City to review and condition certain uses and operations of a particular land use. Because the City s current Residential designation specifically enumerates multi-family development standards, subjecting construction of the specified multi-family residential uses to the CUP processes becomes redundant. This portion of the ZOTA is specifically intended to provide a more streamlined approval process. 3. Amend Section (R-3 Conditional Uses), to list religious facilities as part of conditional uses within the R-3 (Multiple Residential Zone). Religious facilities is proposed to be added in the R-3 conditional uses section, to be consistent with the R-1 Zone. Although this amendment was not addressed during Planning Commission review, religious facilities are already conditionally permitted within the R-3 zone via pyramid zoning. This amendment is considered a clean up of the code in order to eliminate potential misinterpretations and confusion within the Code as it relates to public assembly uses. 4. Amend Chapter (Development Review): a. Amend Subsections (A) and (B) to require that the design of new projects that construct two residential units, or three or more residential units on single lots be approved by the Planning Director or Planning Commission, respectively; and b. Amend Sections and to establish submittal requirements and review/administrative procedures for the Development Review approval of two residential units, or three or more residential units on single lots, respectively. The design of the multi-family units would still require City review. Each of the various residential zones provides design and development standards relating to height, size, setbacks, architecture, open space, site planning, etc. However, how each individual multifamily project interprets these standards could vary from applicant to applicant. Accordingly, discretionary review and approval of the design of multi-family projects is reasonable. Staff is recommending that the City s Development Review application be the appropriate process for the City to review and approve design of these particular projects. Amendment to the existing Development Review process is therefore required. The attached Ordinance reflects the proposed amendments. Deleted text in the BMC is shown as italicized strikethrough and new text to be added is shown as underlined and bold. ATTACHMENTS... 4 August 21, 2017, Planning Commission Staff Report, and Resolution No. PC January 17, 2017, Planning Commission Staff Report, and Resolution No PC Page 19 of 19