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TO: Honorable Mayor and Members of the City Council
FROM: Jeffrey L. Stewart, City Manager
SUBJECT: Consideration and possible action to waive further reading and adopt Ordinance No. 1412 – An Ordinance amending the Bellflower Municipal Code (“BMC”) by amending Section 10.10.020 titled “Definitions;” and amending Section 10.10.160 titled “Designation of Specified Areas.”
DATE: April 11, 2022
EXECUTIVE SUMMARY
Ordinance No. 1412 was introduced on March 28, 2022. Second reading and adoption is recommended. If adopted, the ordinance will take effect in 30 days.
RECOMMENDATION TO CITY COUNCIL
1) Waive further reading and adopt Ordinance No. 1412; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None.
ATTACHMENTS
Ordinance No. 1412….…………………………..…………………………………..…………2
March 28, 2022, Staff Report (without attachment)……………………………………….…5
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CITY OF BELLFLOWER
ORDINANCE NO. 1412
AN ORDINANCE AMENDING THE BELLFLOWER MUNICIPAL
CODE (“BMC”) BY AMENDING SECTION 10.10.020 TITLED
“DEFINITIONS”; AND AMENDING SECTION 10.10.160 TITLED
“DESIGNATION OF SPECIFIED AREAS”
THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1. Bellflower Municipal Code (“BMC”) § 10.10.020 is amended as follows:
“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-of-way 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.
* * *”
SECTION 2. BMC § 10.10.160 is amended as follows:
“10.10.160 Designation Process.
A. A specified area may be requested through a petition signed by residents living in at least 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.
B. A specified area must consist of at least one parking block. In the absence of an intersective street or highway, the City Council can determine the length of a parking block, which ordinarily cannot be less than 750 feet.
The City Council may, but is not required to, approve a parking block smaller than 750 feet if it can find, based upon substantive evidence provided by
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City of Bellflower
Ordinance No. 1412
residents or the Director of Public Safety, that (1) a smaller parking block is desirable to protect public health and safety; and (2) that a smaller parking block will not unfairly interfere with onstreet parking serving other nearby properties.
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 co urt 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.
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City of Bellflower
Ordinance No. 1412
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. Electronic Signatures. Ordinance may be executed with electronic signatures in accordance with Government Code § 16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 11. 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 12. Effective Date. This Ordinance will take effect on the 30th day following its final passage and adoption.
ORDINANCE NO. 1412 HAD ITS FIRST READING ON MARCH 28, 2022, ITS SECOND READING ON APRIL 11, 2022, AND WAS DULY PASSED, APPROVED,
AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF APRIL 11, 2022.
_____________________________________
Ray Dunton, Mayor
ATTEST:
_______________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
_________________________________
Karl H. Berger, City Attorney
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TO: Honorable Mayor and Members of the City Council
FROM: Jeffrey L. Stewart, City Manager
SUBJECT: Consideration and possible action to read by title only, waive further reading and introduce Ordinance No. 1412 – An Ordinance amending the Bellflower Municipal Code (“BMC”) by amending Section 10.10.020 titled “Definitions;” and amending
Section 10.10.160 titled “Designation of Specified Areas.”
DATE: March 28, 2022
EXECUTIVE SUMMARY
In October 2018, the City Council adopted an ordinance amending the City’s process and standards with regard to the creation of Preferential Parking Districts. On February 15, 2022, the Public Safety Commission recommended to the City Council that the 16700 block of Orchard Avenue be designated a Preferential Permit Parking Zone. The request was made due to parking conditions on the block. However, because of a specific restriction in Bellflower Municipal Code (“BMC”) Section 10.10.020 requiring that Preferential Permits may not be granted on blocks less than 750 feet in length (the proposed parking district is significantly less than 750 feet), the City Council chose not to consider the item. The City Council directed staff to recommend amendments to the BMC to allow consideration of the request. If approved, Ordinance No. 1412 would amend certain sections within Chapter 10.10 of the BMC entitled “Parking Permits.”
RECOMMENDATION TO CITY COUNCIL
1) Read by title only, waive further reading, and introduce Ordinance No. 1412; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None.
DISCUSSION
The purpose of Ordinance No. 1412 is to amend certain sections within Chapter 10.10 of the BMC entitled “Parking Permits.” The proposed BMC amendments in this Ordinance would, in the absence of an intersective street or highway, allow the City Council to bypass the 750 foot standard for determining the length of a parking block, which ordinarily cannot be less than 750 feet.
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Staff Report – Ordinance No. 1412
March 28, 2022
DISCUSSION – Continued
Specifically, the Ordinance would amend the “Parking Block” definition in § 10.10.020 to remove the following sentence: “In the absence of an intersective street or highway, the City Council can determine the length of a parking block, which cannot be less than 750 feet.” The Ordinance would also amend § 10.10.160 entitled “Designation of Specified Areas,” Subsection “B” to read:
“A specified area must consist of at least one parking block. In the absence of an intersective street or highway, the City Council can determine the length of a parking block, which ordinarily cannot be less than 750 feet. The City Council may, but is not required to, approve a parking block smaller than 750 feet if it can find, based upon substantive evidence provided by residents or the Director of Public Safety, that (1) a smaller parking block is desirable to protect public hea lth and safety; and (2) that a smaller parking block will not unfairly interfere with on street parking serving other nearby properties.”
ATTACHMENT
Ordinance No. 1412….…………………………..……………………………………………3
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