0-' sE� L�Low
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
E
FROM: Elizabeth Corpuz, Director of Planning and Building Services Kathryn Brun, Assistant Planner
SUBJECT: Consideration and possible action to waive further reading and adopt Ordinance No. 1417 — An Ordinance amending certain sections of Bellflower Municipal Code ("BMC") Title 17 (Zoning) pertaining to allowable uses, development standards, and process and
procedures in the Town Center (TC) District.
DATE:
August 8, 2022
EXECUTIVE SUMMARY
Ordinance No. 1417 was introduced on July 11, 2022, as amended. Accordingly 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. 1417; or 2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None.
ATTACHMENTS
OrdinanceNo. 1417...................................................................................2 —1-
CITY OF BELLFLOWER
ORDINANCE NO. 1417
AN ORDINANCE AMENDING CERTAIN SECTIONS OF BELLFLOWER
MUNICIPAL CODE ("BMC") TITLE 17 (ZONING) PERTAINING TO
ALLOWABLE USES, DEVELOPMENT STANDARDS, AND PROCESS
AND PROCEDURES IN THE TOWN CENTER (TC) DISTRICT
THE COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1
Findings. The City Council finds and declares as follows:
A. The City desires to amend the Bellflower Municipal Code ("BMC") to change the allowable uses, development standards, and process and procedures within the Town Center (TC) District. This Ordinance — identified as Zoning Ordinance Text Amendment (ZOTA) Case No. ZOTA 22-01 — amends BMC Chapters 17.04, 17.08 (Definitions), and 17.48 (TC District); B. The City reviewed this Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA"), the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the "CEQA Guidelines"); CEQA, CEQA Guidelines and Bellflower Guidelines collectively referred to as "CEQA Regulations"); C. Notices of Public Hearings before the Planning Commission and City Council were duly given and published in the time, form and manner as required by law; D. On May 16, 2022, 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 May 16, 2022, the Planning Commission adopted Resolution No. PC 22-08 recommending the City Council approve the Ordinance, as amended; F. On June 27, 2022, the City Council held a public hearing to receive public testimonY and other evidence regarding the proposed amendment, including information provided by City staff and public testimony; G. On June 27, 2022, the City Council closed the public hearing, directed staff to revise the Ordinance, and continued the draft Ordinance to the July 11, 2022 City Council meeting;
H. On July 11, 2022, the City Council considered this Ordinance. Its findings are made based on the entire administrative record including testimony and evidence presented to the City Council at its June 27, 2022 and July 11, 2022 hearings, including, without limitation, the staff report submitted by the Planning Department.
SECTION 2. General Plan Findings. Pursuant to Government Code § 65860, the changes implemented by this Ordinance are consistent with the General Plan. Among other things, this Ordinance will help implement the following General Plan Land use Dement - Town Center policy and programs: Policy 1 whi
Elch is to "promote the Town
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Center as the commercial, entertainment, social and civic hub of the community"; Implementation Program 1.1, "accommodate and promote a full diversity of specialty retail, restaurant and food sales, general merchandise, new apparel and accessories, personal services, entertainment, and cultural uses; and Implementation Program 1.3, "promote entertainment activities."
SECTION 3. Zoning Ordinance Text Amendment Findings. Pursuant to BMC § 17.104.010, the City Council makes the following findings:
A. There are changed conditions since the existing zoning regulations became effective that warrant the proposed amendment to the BMC, such as the desire to allow artisan manufacturing in the TC District. To further promote the TC District and to fill vacant storefronts, this Ordinance amends the allowable uses in the TC District. This Ordinance would allow for artisanal manufacturing uses with a customer service storefront and amend antiquated uses (e.g., outdoor newsstands). In addition, the Ordinance amends the development standards and application procedures for various uses to streamline the approval process.
B. The proposed amendment to the BMC will not adversely affect adjoining property as to the value or precedent and will not be detrimental to the area in that the proposed text amendments are aimed at improving, unifying, and complementing the TC District's unique characteristics. Compliance with all applicable zoning regulations will ensure that any given project will not adversely affect adjoining property as to value or precedent and will not be detrimental to the area.
C. The proposed amendment to the BMC will be in the interest or furtherance of public health, safety and general welfare. This Ordinance is intended to encourage and accommodate new businesses in the TC District that will fill vacant storefronts and promote the TC District by accommodating uses such as small scale and artisanal manufacturing as recommended by the Planning Commission. In addition, the Ordinance would streamline the application and review process for various uses such as requiring a Minor Conditional Use Permit (MCUP) instead of a Conditional Use Permit (CUP) for alcohol sales in conjunction with a permitted restaurant, brewery or distillery.
D. The Ordinance will not adversely affect the City's General Plan or BMC Title 17 (Zoning). The text amendments are relatively minor in nature and further promote the TC District as the commercial, entertainment, social, and civic hub of the community. The text amendments do not inhibit the attainment of the overall goals of either the General Plan or the zoning regulations.
SECTION 4. Environmental Review. This Ordinance was reviewed pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQX) and the regulations promulgated thereunder (14 Cal. Code of Regulations §§ 15000, et seq., the "CEQA Guidelines"). Based upon that review, the Ordinance is exempt from additional environmental review pursuant to 14 Cal. Code Regs. § 15061(b)(3). The Ordinance will not result in any development or changes to the physical environment. Following an evaluation of possible adverse impacts, it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment.
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City of Bellflower
Ordinance No. 1417
SECTION on Renumbering. All sections of the BMC affected by changes implemented by this Ordinance are renumbered as appropriate.
SECTION 6. A New Section 17.04.130 is added to the BMC to read as follows:
"17.04.130 Director.
(A) The Director has the authority and responsibility to hear and act upon all matters as specified in this title.
(B) The Director has the authority to interpret the use provisions applicable to each zone district identified in this title. In the event that a specific use or type of use is not listed, the Director has the authority to determine which listed use is most similar to the proposed use and thereby determine whether the use is permitted, permitted subject to conditional use permit review and approval, permitted as a temporary use, or prohibited. In determining "similarity," the Director must make all of the following findings:
(1) The proposed use must meet the intent of, and be consistent with the goals, objectives and policies of the general plan; (2) The proposed use must meet the stated purpose and general intent of the district in which the use is proposed to be located; (3) The proposed use cannot adversely impact the public health, safety and general welfare of the City's residents; and
(4) The proposed use must share characteristics common with, and not bU of greater intensity, density or generate more environmental impact, than those uses listed in the permitted uses section.
(C) Any applicant, interested person, or public official may appeal any decision of the Director to the Planning Commission in accordance with the appeal procedures set forth in this title."
SECTION 7. A new Section 17.04.140 is added to the BMC to read as follows:
17.04.140 Clarifying Ambiguities.
If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title, or if ambiguity exists with respect to matters of height, yard requirements, area requirements, or zone boundaries, it is the Director's duty to ascertain all pertinent facts, and to set forth in writing the findings and the interpretations. The Director can refer the matter to the Planning Commission as a scheduled matter not requiring public hearing, and the findings and interpretations of the Planning Commission will be set forth in the recorded minutes. Thereafter, such interpretations will govern."
SECTION 8. Amendment; Chapter 17.48. BMC Chapter 17.48 is amended in its entirety as set forth in Exhibit "A," which is incorporated by reference. —4—
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SECTION 9. Amendment; Definitions. BMC § It .06,010 is amended to add the following definitions:
"Administrative/Executive/Professional ®ffices" means a commercial use where a building, room or series of rooms is used to conduct professional - type business (e.g., architect, lawyer, doctor, engineer, stockbroker, insurance agent, accountant, consultant, tax preparer, real estate and advertising.
"Artisan Manufacturing" means the shared or individual use of hand -tools, mechanical tools and electronic tools for the manufacture of finished products or parts including design, processing, fabrication, assembly, treatment, and packaging of products or parts including design, processing, fabrication, assembly, treatment, and packaging of products; as well as the incidental storage, sales and distribution of such products. Typical artisan manufacturing uses include, without limitation, food and bakery products; beverages; printmaking; household appliances; leather products; jewelry and clothing/apparel; metal work; furniture; glass or ceramic production; paper manufacturing.
"Automobile dealership" means a retail facility that specializes in the sale of automobiles and light and heavy-duty trucks and vehicles. Accessory uses for the service and repair of automobiles and vehicles, and the retail sales of goods and parts directly related to those automobiles and vehicles sold at the facility is permitted. Used or "pre -owned" automobiles, trucks and other vehicles are not allowed to exceed 20% of the sales, display and storage area of an automobile dealership.
"Beauty shop" means an establishment that provides personal care and grooming services such as hair cutting and styling; facials and skin care; aesthetician services; nail care; hair removal; cosmetics; and permanent make-up application to the face. These uses may also include accessory retail sales of products related to the services provided. "Beauty Shop" does not include massage, tattooing, or body piercing.
"Body Piercing" means to puncture, perforate, or penetrate a human body part or tissue with an object, appliance, or instrument for the purpose of placing a foreign object in the perforation to prevent the perforation from closing. This includes, but is not limited to, creating such an opening in the lip, tongue, nose, eyebrow or navel for the purpose of inserting jewelry or other decorations. Body piercing does not include piercing of the ear lobe or outer portion of the ear.
"Motor Sport Dealership" mean a retail facility that specializes in the sale of all -terrain vehicles (ATVs), motorcycles for the purposes of off-road, motocross, or dual purposes, personal watercraft such as jet skis, utility and recreation utility vehicles for the purposes of traveling off-road, and snowmobiles. Accessory uses for the service and repair of vehicles, and the retail sales of goods and parts directly related to those vehicles sold at the —5—
City of Bellflower
Ordinance No. 1417
facility is permitted.
exceed 20% of the
dealership.
"Used" or "pre -owned" vehicles are
sales, display and storage area of
H
allowed to
a motor sports
"Pawn shop" means a business operated by a "pawn broker" as regulated by California law including, without limitation, Financial Code § 21000. "Tattoo/Tattooing" means to insert pigment, ink or dye under the surface of the skin of a person by pricking with a needle or otherwise, to permanently change the color or appearance of the skin to produce an indelible mark or figure visible through the skin. "Tattooing" does not include application of permanent make-up that is performed as an incidental service in a beauty shop, day spa, or other service or retail establishment." SECTION 10. Amendment; Administrative Use Permits. BMC Chapter 17.98 is renamed to "Administrative Use Permits" and all references to "Minor Conditional Use Permits" within Title 17 (Zoning) are renamed to "Administrative Use Permits." SECTION 11. 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 12. 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 13. 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 city 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 14. 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 15. 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.
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SECTION 16, 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 17. Electronic Signatures. This 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.
SECTI®N 18. Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record.
The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.
SECTION 19. Recordation. 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 20. Effective Date. This Ordinance will take effect on the 30t" day following its final passage and adoption.
ORDINANCE NO, 1417 HAD ITS FIRST READING ON JULY 11, 2022, ITS SECOND READING ON AUGUST 8, 2022 AND WAS DULY PASSED, APPROVED,
AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF AUGUST 8, 2022.
Ray Dunton, Mayor
ATTEST:
Mayra Ochiqui, Cu�y CO����
Karl H. Berger, City Attorney
ATTACHMENT:
Exhibit A —Chapter 17.43 Town Center (TC) District
—7—
ORDINANCE NO. 1417 _ EXHIBIT A
"Chapter 17.48 Town Center (TC) District
17.48.010 Purpose and Intent.
The purpose %J the Town Center (TC) District is to provide for the development and redevelopment of the City's downtown area. The intent of this chapter is to implement the following objectives that relate to the downtown area:
A. Accommodate and promote traditional specialty retail uses.
B. Enhance pedestrian activities through street furniture, landscape, and hardscape amenities.
C. Promote entertainment activities.
D. Respect established traditional building designs.
E. Encourage well designed and pedestrian oriented signage.
F. Promote inviting storefront design.
The Town Center District comprises the parcels and uses primarily oriented along Bellflower Boulevard, bounded by the Southern Pacific RR to the north and the Artesia (91) Freeway to the south.
The official map depicting the boundaries of the Town Center District is on file with the City Clerk.
17.48.030 Conflict With Other Regulations.
Whenever this chapter imposes more restrictive regulations upon buildings or structures, or on the use of land, or otherwise establish more restrictive regulations and standards then imposed or required by any other law, the provisions of this chapter will govern.
17.48.040 Allowable Uses.
Land, buildings, and other facilities must be designed, developed, and used only for those activities indicated for the Town Center District in Table 17.48.040. Where indicated with the letter "P," the use is permitted. The letters "CUP" indicate the use is conditionally permitted subject to the approval of a Conditional Use Permit pursuant to BMC Chapter
17.96. The letters "AUP" indicate the use is subject to the approval of an Administrative
City of Bellflower
Ordinance No. 1417 ® Exhibit A
Use Permit pursuant to BMC Chapter 17.98. Where indicated with the letters "NP," the use is not permitted. Uses are subject to the special use or development regulations indicated in the "Special Provisions" column.
Table 17. 48.040
Town Center District
Allowable Uses
-g-
Uses
SPECIAL PROVISIONS
A
Accessory Uses
1 Alcohol sales (on -sale and off -sale)
CUP
2 Drive-in/Drive-Through
CUP
BMC
§ 17.48.140
3 Gun Sales
CUP
4 Incidental Instruction
P
BMC
§ 17.48.095
5 Outdoor Dining
P
BMC
Chapter 17.74
6 Tasting Room (non-alcoholic)
P
7 Wireless Communication Facility
CUP
B
Eating and Drinking
Establishments
9 Bar, cocktail lounge, pub or tavern
CUP
10 Restaurant, Cafe, Bakery or Coffee
Establishment
P
11 Restaurant with on -sale alcohol
AUP
BMC
§ 17.48.085
C
Educational Uses
12 Child Care Center, less than or equal
to 5,000 sq. ft.
AUP
Second
BMC
floor and
§ 17.48.125
above
13 Child Care Center, more than 5,000
sq. ft.
CUP
Second
BMC
floor and
§ 17.48.125
above
14 School (Commercial, Vocational or
Trade), less than or equal to 5,000
sq.ft.
AUP
Second
BMC
floor and
§ 17.48.125
above
15 School (Commercial, Vocational or
Trade), more than 5,000 sq. ft.
CUP
Second
BMC
floor and
§ 17.48.125
above
D
Entertainment/Cultural Uses
16 Banquet/Fraternal Hall, less than or
equal to 5,000 sq. ft.
AUP
BMC
§ 17.48.125
17 Banquet/Fraternal Hall, more than
5,000 sq. ft.
CUP
BMC
§ 17.48.125
18 Community Center, less than or
equal to 5,000 sq. ft.
AUP
BMC
§ 17.48.125
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City of Bellflower
Ordinance No. 1417 — Exhibit A
19 Community Center, more than 5,000
sq. ft.
CUP
BMC
§ 17.48.125
20 Hookah Bars/Cafes (water pipe
AUP
smoking lounge)
21 Indoor/Outdoor Commercial
Recreational Facility (Arcade,
Archery, Axe Throwing, Billiard
AUP
BMC
§ 17.48.125
Parlor, Bowling Alley, Escape Room,
Indoor Playground, Laser Tag,
Miniature Golf, Skating Rink, Virtual
Reality Room), less than or equal to
5,000 sq. ft.
22 Indoor/Outdoor Commercial
Recreational Facility (Arcade,
Archery, Axe Throwing, Billiard
CUP
BMC
§ 17.48.125
Parlor, Bowling Alley, Escape Room,
Indoor Playground, Laser Tag,
Miniature Golf, Skating Rink, Virtual
Reality Room), more than 5,000 sq.
ft.
23 Museum, less than or equal to 5,000
sq. ft.
AUP
BMC
§ 17.48.125
24 Museum, more than 5,000 sq. ft.
CUP
BMC
§ 17.48.125
25 Religious Facility, less than or equal
to 5,000 sq. ft.
AUP
BMC
§ 17.48.125
26 Religious Facility, more than 5,000
sq. ft.
CUP
BMC
§ 17.48.125
27 Theater, less than or equal to 5,000
sq. ft.
AUP
BMC
§ 17.48.125
28 Theater, more than 5,000 sq. ft.
CUP
BMC
§ 17.48.125
E
Small-Scale/Artisanal
Manufacturing
29 Artisan Manufacturing
P
BMC
§ 17.48.065
30 Brewery, Micro -Brewery, Distillery or
Winery with on -sale or off -sale
AUP
BMC
§ 17.48.065
alcohol
F
Office Uses
31 Administrative/Executive/Professional
Office
P
BMC
§ 17.48.060
32 Laboratories
P
BMC
§ 17.48.060
33 Medical or Dental Offices, General
and Specialty
P
BMC
§ 17.48.060
34 Veterinary
P
BMC
§ 17.48.060
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City of Bellflower
®rdinance No. 1417 o Exhibit A
G
Public and Semi -Public
Institutional
35 Government Facility
P
36 Parking Lot/Parking Structure
P
Fronting on side streets lying
perpendicular to Bellflower
Boulevard.
37 Public Open Space/Amenities
P
38 Public/Private Utility/Communication
CUP
Fronting on side streets lying
perpendicular to Bellflower
Boulevard.
H
Residential
39 Home Occupation
P
In permitted residential
structure/use.
40 Family Day Care Homes
P
In permitted residential
structure/use.
41 Residences (second floor and above)
P
BMC § 17.48.130
42 Cottage food operations
P
In permitted residential
structure/use, BMC § 17.16.190
I
Retail Sales
43 Animal Adoption, Sales or Supplies
P
44 Antique Store
P
45 Apparel/Clothing and Accessories
P
46 Appliance Store
P
47 Art Gallery
P
48 Art Supplies
P
BMC § 17.48.095
49 Auto Parts and Accessories, Retail
Only, less than or equal to 5,000 sq.
ft.
P
50 Automobile Dealership
CUP
BMC § 17.48.105
51 Beauty Supplies
P
52 Bicycle Shop
P
53 Book Store
P
54 Candy/Confectionaries
P
55 Cigar Shop
P
56 Collectibles (Cards, Coins, Comics,
Stamps)
P
57 Convenience Store/Mini Mart
P
58 Cookware Shop
P
BMC § 17.48.095
59 Drugstore/Pharmacy
P
60 Electronic Cigarette and/or Electronic
Liquid Shop
CUP
—1 1—
City of Bellflower
Ordinance No. 1417 — Exhibit A
61 Electronics Sale and Repair (Cellular
Phone, Computer, Television, Video
Game
P
62 Florist/Floral
P
63 Furniture or Home Goods
P
64 Gift, Stationery, Greeting Cards
P
65 Grocery/Food Store
P
66 Hardware/Home Improvement Store
P
67 Hobby/Craft Supplies
P
68 Jewelry, Gems and Repair
P
69 Liquor Store (Off -Site Sale of Liquor,
Beer and Wine
CUP
70 Luggage and Leather Goods
P
71 Medical Equipment and Supplies
P
72 Motor Sports Dealership
CUP
BMC § 17.48.105
73 Music Store (Equipment,
Instruments, Records, Supplies)
P
BMC § 17.48.095
74 Office Supplies
P
75 Optical Shop
P
76 Party Supplies
P
77 Pawn Shop
CUP
BMC § 17.48.120
78 Photography Supplies, Cameras and
Photo Processing
P
79 Secondhand Store
CUP
80 Shoe Sales, Repair and Shoe Shine
P
81 Smoke Shop
CUP
82 Specialty Retail Shop
P
83 Sporting Goods
P
84 Swimming Pool Supplies
P
85 Toys and Games
P
86 Tuxedo, Costume, Formal Wear
Rental
P
J
Service Uses
87 Animal Grooming or Training
P
88 ATM
P
BMC § 17.48.140 for a drive-through
89 Bank
P
90 Barber Shop or Beauty Salon
P
91 Copy/Reproduction/Blueprint
Services and Center
P
92 Dry Cleaner/Cleaning/Pressing
P
Drop off service only.
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City of Bellflower
®rdinance No. 1417 ® Exhibit A
93 Gym/Fitness Facility/Club, less than
orequal to 5,000 sq. ft.
AUP
94 Gym/Fitness Facility/Club, more than
5,000 sq. ft.
CUP
95 Locksmith
P
96 Mailboxes/Mailroom/Postal Store
P
97 Massage Establishment
NP
98 Fuel Station
CUP
BMC § 17.48.070
99 Studio (Martial Arts, Dance, Photo,
Music), less than or equal to 5,000
sq. ft.
AUP
100
Studio (Martial Arts, Dance, Photo,
Music), more than 5,000 sq. ft.
CUP
101
Tailorshop
P
102
Tattoo Parlor
AUP
17.48.050 Use Determination.
To ensure the Town Center District permits all similar uses, the Director, upon written request, may determine if a use not specifically listed on Table 17.48.040 (Allowable Uses) be permitted on the basis of similarity to the uses listed, the purpose and intent of the Town Center District, and the goals, objectives, and policies of the General Plan.
A. Application. Application for determination of similar uses must be made in writing to the Director. Such request must include a detailed description of the proposed use, operating characteristics, and any other information deemed necessary by the Director.
B. Investigation. The Director must compare the proposed use characteristics with the goals, objectives, and policies of the General Plan as well as with the purpose and intent statement of the Town Center District to determine if the proposed use will be a permitted, conditionally permitted, administratively permitted or not permitted use.
C. Findings. The Director must make all of the following findings:
1. The proposed use meets the intent of, and is consistent with, the applicable goals, objectives, and policies of the General Plan;
2. The proposed use meets and conforms to the purpose and intent statement of the Town Center District;
3. The proposed use does not adversely impact the public health, safety and general welfare of the City's residents; and
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City of Bellflower
Ordinance No. 1417 — Exhibit A
4. The proposed use shares characteristics common with and is not of greater intensity or density or does not generate more environmental impacts than those uses listed on Table 17.48.040 (Allowable Uses).
D. Determination. I determination may be appealed to the Planning Commission in the manner provided by this Code.
17. 48.060 Office Uses, General.
A. Purpose. The purpose of this section is to reasonably limit the number and type of office uses permitted in the Town Center District. It is found that excessive office uses in the downtown area conflict with the following goals and objectives of the Town Center District:
1. Accommodate and promote traditional specialty retail uses.
2. Promote inviting storefront design.
B. Office Uses Defined. For the purposes of the Town Center District, office uses are:
1. Administrative, executive, and professional offices (e.g., architect, lawyer, engineer, accountant, tax preparer, real estate agent).
2. Medical, dental, laboratory, and veterinary offices and clinics.
C. Office Uses Limited in the Town Center District.
1. Office uses may not occupy more than 25% of the total gross floor area of available first floor building space fronting Bellflower Boulevard. An inventory UA office locations is kept on file with the City Clerk.
2. There is no limit or "threshold" on the number of office uses (gross floor area) situated within second floor locations or within downtown building space fronting any street lying perpendicular to Bellflower Boulevard unless specifically stated in this Code.
3. Medical, dental, laboratory, and veterinary offices and clinics must inc orporate-a
permanent retail floor space if fronting Bellflower Boulevard. The retail floor space must be a minimum of 25% of the gross floor area of the tenant space, incorporate a store front, and be located at the front of the tenant space fronting Bellflower Boulevard. The office/clinic floor space may not exceed 75% of the gross floor area of the tenant space and must be located behind the retail floor space.
17.48.065 Small-Scale/Artisanal Manufacturing.
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Aty of Beliflower
Firdinance
■age • of 24
Exhibit A
In addition to any other requirement of this Code, the following applies to any manufacturing use:
A. All activities must occur within buildings; outdoor storage/repair is prohibited; B. All uses must be carried on in such a manner that they do not create smoke, gas, odor, dust, sound, vibration, soot, heat, glare or lighting to a degree that is readily detectable at any point beyond the property line of the use; and C. A storefront consisting of a showroom, tasting room, or retail space must be included. The storefront must be a minimum of 25% of the gross floor area. °17.48.070 Fuel Stations.
A. Applicability. A new fuel station or the enlargement or alteration of an established fuel station requires a Conditional Use Permit. In approving a Conditional Use Permit for a fuel station in the Town Center District, the Planning Commission must make the following findings:
1. That the proposed fuel station use will not substantially increase vehicular traffic on any street in the immediate vicinity, especially those serving residential uses; and
2. That the proposed fuel station use will not create increased traffic hazards to pedestrians.
B. Location and Site Requirements. New fuel stations are only permitted contiguous to Bellflower Boulevard at arterial/street intersections. When considering an application for a new fuel station, the following standards apply:
1. A maximum of two fuel stations are allowed at each intersection;
2. A minimum distance of 500 feet is required between fuel stations located on the saIt=: side of the street and
3. The parcel size for a new fuel station must be a minimum of 15,000 square feet, with a minimum frontage of 100 feet.
C. Definition of Permitted Uses. Fuel station use -is limited to the sale of motor fuels.
D. Development Standards. Fuel stations must be designed so that form and scale are integrated with adjacent development and complement the traditional character of Town Center. Fuel stations are subject to the following standards:
1. Setbacks.
—15—
City of Bellflower
Ordinance No. 1417 — Exhibit A
a. No building or structure may be located within 20 feet of a property line which abuts a residential district.
b. Pump islands must_be located a minimum of 20 feet from a street property line; however, a canopy or roof structure over a pump island may encroach up to 10 feet from a street property line.
2. Access.
a. No more than two vehicular access points to any one street is allowed. b. A minimum distance of 30 feet must be provided between driveway aprons (curb cuts) along a street frontage.
c. No driveway may be located closer than 10 feet to the end of a curb return. d. No driveway may be located closer than 20 feet to a common property line which abuts a residential district.
e. The width of a driveway apron (curb cut) Eannot exceed 30 feet. f. The use of shared access ways (aprons, curb cuts) and reciprocal access between parcels are encouraged.
3. Parking.
a. One parking space for each 200 gross square feet of floor area or fraction thereof in any building or structure must be provided. Gasoline queuing spaces used for the fueling of vehicles cannot count towards fulfilling this requirement. b. On-site parking for ancillary convenience marts (mini marts) and fast food franchises must be provided at the following ratios: Convenience marts -one parking space for each 200 gross square feet of floor area; Fast food franchises - one parking space for each 75 square feet of floor area dedicated to the fast food use. For drive- through parking (queuing) requirements, see Commercial Establishments with Drive -In and Drive -Through.
c. Outside storage of motor vehicles is prohibited. For the purpose of this section, "outside storage" means the parking of a motor vehicle in an unenclosed area of the fuel station site for a period longer than 24 hours.
d. No new or used vehicles may be parked on the premises for the purpose of sale, rental, or lease.
-16-
City of Bellflower
Ordinance No. 1417 ® Exhibit A
e. Parking must be located and screened so as to minimize visibility of parked cars from the public right-of-way.
f. No vehicle may be parked on sidewalks, driveways, or alleys.
4. Landscaping.
aN Irrigated landscaping must comprise a minimum of 10% of the fuel station site area and must be permanently maintained.
b. A minimum eight foot inside dimension planter area bounded by a six inch high curb, must be provided along interior property lines, except openings to facilitate reciprocal access to adjacent parcels. Within the planter area, trees must be planted at a rate of one, 48 inch (minimum), box tree for every 15 linear feet of planter area. c. A minimum planter area of 400 square feet must be provided at the corner of two intersecting streets.
d. A minimum 10 foot inside dimension planter area, bounded by a six inch high curb, must be provided contiguous to the sidewalk.
e. Additional landscaping may be required at the determination of the Director to screen and buffer the fuel station from adjacent properties.
5. Site Maintenance.
a. No used or discarded automotive parts or equipment, or permanently disabled, junked, or wrecked vehicles may be located outside of a building. b. A refuse storage area, completely enclosed within a six foot high decorative masonry wall (split face concrete block, or equivalent) with solid metal gates, large enough to accommodate standard sized commercial trash bins, must be located on the rear portion of the property in such a manner as to be accessible to refuse collection vehicles. Wall and gate materials, textures, colors, and design must be architecturally N
ompatible with the surrounding buildings.
c. Driveways and service areas must be maintained and kept free of oil, grease, and other petroleum products without washing them into drainage, gutter, or sewer systems.
7. Lighting. All light sources, including canopy, perimeter, and flood lights must be shielded or recessed within the roof canopy so that the station will be indirectly visible and light is deflected away from adjacent properties and public streets. Lighting cannot be of such a high density as to cause a traffic hazard or adversely affect adjoining properties. The light standard may not be higher than 12 feet above finished grade. —17—
City of Bellflower
Ordinance No. 1417
8. Perimeter Walls.
Exhibit A
a. Where a fuel station abuts property in a residential district, a six foot high decorative masonry perimeter wall (split face concrete block, or equivalent) must be constructed. Materials, textures, colors, and design of the wall must be compatible with, and complement, onsite development and adjacent properties. Perimeter walls located adjacent to residential districts may extend to a maximum height of eight feet with Director approval.
b. When the perimeter wall reaches the established front yard setback line of any residentially -zoned lot abutting the fueling station, the perimeter wall must decrease to a maximum height of 42 inches.
9. Public Service Facilities. All automobile service stations are required to provide public restrooms on-site.
10. Restroom Screening. Restroom entrances visible from adjacent properties or the public right-of-way must be concealed from view by planters or decorative screening.
17.48.080 Entertainment License.
The City Council may issue an Entertainment License for non -adult business oriented entertainment. In approving the Entertainment License for entertainment as an ancillary use in the Town Center District, the City Council must make the following additional findings:
A. That the proposed use will not substantially increase vehicular traffic on adjacent streets serving residential uses;
B. That the proposed use will not create increased pedestrian traffic in adjacent residential areas;
C. That the proposed use will not generate adverse impacts that negatively affect adjacent parcels, such as noise; and
D. That the proposed use will include adequate restroom facilities, trash receptacles, and recycling bins, which will be properly maintained by the applicant and are sufficient for the needs of the proposed use.
17.48.085 Restaurant with On -Sale Alcohol.
Restaurants seeking an on -sale alcohol license are eligible to apply for an Administrative Use Permit. Businesses that do not qualify must apply for a Conditional Use Permit. In addition to any other requirement of this Code, a qualifying restaurant must comply with all of the following restrictions:
-18-
o;ity of
wer
rdinance No.
® Exhibit A
A. Only full service and quick service
full menu are eligible. Food must be
B. Daily hours of operation are
There is no after-hours use of the
maintenance;
restaurants with an operational kitchen and a
served during all business operating hours;
limited to the hours between 6:00 a.m. to 2:00 a.m.
establishment, other than for routine clean-up and
C. Before serving alcohol, the owner/operator must possess a valid on -sale alcoholic beverage license and be in compliance with all applicable regulations and guidance issued by the California Department of Alcoholic Beverage Control at all times; D. The establishment must allow patrons of all ages, at all times; E. No cover charges and entry fees may be charged/required of patrons; F. Signs advertising brands and types of alcohol may not be visible from the exterior of the premises. The display of alcoholic beverages must be interior only (no outdoor display) at all times;
G. Customized lighting and sound system conducive of a nightclub atmosphere are prohibited at all times.
17.48.095 Incidental Instruction.
Incidental instruction is permitted so long as no more than an aggregate of 15% of the total gross floor area within the building space is occupied by the incidental instruction area.
17.48.105 Automobile and Motor Sports Dealerships.
A new automobile/motor sports dealership or the enlargement or alteration of an established automobile/motor sports dealership in the Town Center District requires a Conditional Use Permit. In addition to any other requirement of this Code, the following applies to the sale of automobiles and/or motor sport vehicles:
A. Minimum lot frontage width: 100 feet, as measured along any public street; and B. Minimum lot size: 15,000 square feet.
17.48.120 Pawn Shops.
The Planning Commission may approve a pawn shop subject to the following standards:
A. Ancillary gun sales may be allowed within a pawn shop. Ancillary gun sales must
not exceed more than 25% of total gross annual retail sales. -19-
City of Bellflower
Ordinance No. 1417
— Exhibit A
B. Not more than two pawn shops may be established, located, operated or maintained within the Town Center District.
C. Security window coverings must conform to this code.
17.48.125 Public Assembly Uses.
A. Notwithstanding any other provisions of this Code, public assembly use is defined as any use that is established for the purpose of: 1) gathering, deliberating, worshiping, educating, entertaining, or conducting workshops including, without limitation, banquet halls, educational institutions (which are to be permitted on second floor and above only), commercial recreational facilities (e.g., bowling alleys, skating), and theaters; or 2) establishing a permanent, headquarters -type and meeting facility for organizations including, without limitation, religious facilities and fraternal halls.
B. All public assembly uses must provide
permanent seats. A "seat" means 18 lineal i
arranged in rows or benches. Where there ai
square feet of floor area. Any required parking
from the property where the public assembly
parking requirements.
�t least one parking space for every four
ches of seating space when seats are
no fixed seats, a "seat" means seven
spaces may be located in a separate lot
is
is proposed, subject to the off-street
C. If property is located within Parking District No. 1 and proposed public assembly use requires more parking than the existing use, then the parking requirement may be satisfied by the payment of an in -lieu fee for every such additional required parking space.
The amount of the in -lieu fee will be established by City Council resolution.
D. The Director may approve alternative parking for any public assembly use including, without limitation, use of public parking lots, to meet some, or all, of the on-site parking requirements, subject to the parking assessment requirements of this chapter.
E. The public assembly use must comply with this code.
17.48.vin
Residential Uses.
The Planning Commission may approve the establishment of a residential use subject to the following standards:
A. The exterior design and appearance of the building is compatible with the purpose and intent of the Town Center District; and
B. The residential use must be located on the second floor and above.
17.48.140 Commercial Establishments with Drive -In and Drive -Through Service. -20-
City of bellflower
Ordinance No. 1417 — Exhibit A
A. A conditional use permit is required for drive in or drive-through uses, subject to the following standards:
1. Drive-in and drive-through establishments may be located only on lots having street frontage on Bellflower Boulevard. Such establishments must be located so as not to: (a) be a hazard or nuisance to nearby uses; (b) create traffic congestion or vehicular hazards; and (c) conflict with pedestrian circulation movements.
2. The minimum lot size for adrive-in ordrive-through establishment is 15,000 square feet.
3. Drive-through aisles must have a minimum 12 -foot width on curves, and a minimum 11 -foot width on straight sections.
4. Drive-through aisles must provide sufficient queuing area behind the pick-up window to accommodate a minimum of six automobiles.
5. All service areas, rest rooms, and ground/roof mounted mechanical equipment must be screened from public view.
6. Pedestrian walkways should not intersect the drive-through drive aisles, but where — as a practical matter — they must, they must have clear visibility, and must be emphasized by enriched pavement treatments (e.g., interlocking pavers or stamped concrete).
7. Each such establishment must have a minimum street frontage of 70 linear feet.
8. The architectural design
compatible with surrounding u
Center.
of any drive-in or drive-through establishment must be
es and the traditional architectural character of Town
9. No driveway can be located closer than 10 feet to the end of a curb return.
17.48.150 Outdoor Display and Sale of Merchandise.
Limited outside display of merchandise may be permitted pursuant to this code.
17.48.160 Site Dimensions, Height Limitations, and Lot Coverage.
The following table sets forth minimum lot dimensions and maximum height limitations and lot coverage for parcels located in Town Center District.
Table 17.48.160
Site Dimensions, Height Limitations and Lot Coverage
_21_
City of Bellflower
3rdinance No. 1417 — Exhibit A
Feature
Standard
1. Site/Lot Area minimum
3,000 square feet' 12
2. Lot Width (minimum)25
feet' 12
3. Lot Depth (minimum)115
feet' 12
4. Height Limitations
(maximum)
a. Adjacent (within 50 feet) to a residential
district or existing residential
15 feet (one story)5
development4
b. Other locations
35 feet two and one-half stories 3,6
5. Lot Coverage maximum
100 percent
Notes:
(1) A lot that does not comply with the applicable requirements is considered to be a legal building site for the purposes of development or the establishment of a new land use only if: (a) the parcel was previously a legal lot of record; and (b) the parcel has a valid certificate of compliance or conditional certificate of compliance issued in accordance with this Code and the Subdivision Map Act (Government Code §§ 66410, et seq.). The creation of new lots must abide by the minimum lot area, width, and depth provisions listed.
(2) No minimum lot area, width, or depth requirements may be required for individual parcels created as condominium developments if part of an integrated Master Planned Development.
(3) Existing and proposed theaters and religious facilities may exceed this height limit, up to a maximum height of 55 feet, in order to accommodate ancillary roof projections (e.g., theater proscenium, spires, towers, campanile, minarets). (4) Adjacent: Having lot lines or zoning boundaries in common. (5) This height limit may be exceeded when one foot side and rear setback is provided for every foot higher than 15 feet, up to two stories or 30 feet. (6) This height limitation may be exceeded when one foot front setback is provided for each two feet higher than 35 feet, up to four stories or 45 feet, whichever is less.
17.48.170 Setbacks.
The following table sets forth setback requirements for buildings and parking lots located in the Town Center District.
Table 17.48.170
Setbacks
City of Bellflower
Ordinance No. 1417 ® Exhibit A
Feature
Standard
Standard Parking
Building
Lot 3
1. Front Property Line Setback
0 feet'
5 feet
minimum/maximum
2. Rear Property Line Setback (minimum)
a. Adjacent to a residential district or
5 feet5
0 feet
existing residential development4
b. Adjacent to existing or planned
0 feet
0 feet
commercial or office develo mento
3. Interior Side Property Line Setback
a. Adjacent to a residential district or
5 feet5
0 feet
existing residential development
minimum 4
b. Adjacent to existing or planned
0 feet2
0 feet
commercial or office development
minimum/maximum 4
4. Street Side Property Line Setback
0 feet
5 feet
Notes:
(1) All buildings must be located at the front property line (0 foot setback) in order to preserve the traditional main street image of Town Center. A three-foot indentation may be provided to accommodate door openings.
(2) All front building fagades must be constructed from side property line -to -side property line in order to promote a continuous, traditional, "street wall" of storefronts N
ontiguous to Town Center streets. Separation between buildings are discouraged. (3) Parking fronting Bellflower Boulevard is discouraged and must be located to the rear of the parcel, where possible.
(4) Adjacent: Having lot lines or zoning boundaries in common. (5) Buildings located on parcels located adjacent to residential districts or existing residential development which exceed the 15 -foot height limit must provide a 10 -foot side and rear property line setback.
17.48.180 Permitted Encroachments Within the Public Right -of -Way.
An encroachment permit may be issued for the following within the Town Center ®istrict:
A. Building Features.
1. Eaves and cornice elements, not to exceed a projection of one foot. -23-
City of Bellflower
Ordinance No. 1417 — Exhibit A
2. Awnings, not to exceed a projection of six feet.
3. Canopies and marquees, not to exceed a projection of six feet.
4. Architectural features (e.g., window and door sills, columns, pilasters), not to exceed a projection of one foot.
5. Light fixtures, not to exceed a projection of two feet.
B. Signs.
C. Landscape Features. Plant containers.
17.48.190 Future Rights -of -Way.
A. This section is applicable only where a portion of a lot or parcel is within an area planned to be part of a future street, alley, or other public right-of-way as determined from an officially adopted plan, and the acquisition of such portion would not reduce the minimum site/lot area as specified on Table 17.48.160, Site Dimensions, Height Limitations, and Lot Coverage.
B. Portions of any lot in the Town Center District within a future right-of-way area cannot be occupied by buildings or structures other than those encroachments identified in this chapter. All other required setbacks, yards, and open areas must be provided in addition to the future right-of-way areas, and the future right-of-way lines are considered to be lot lines (property lines) for purposes of measuring building and parking setbacks, site/lot area, lot width and depth, and lot coverage.
C. The following encroachments are permitted within future right-of-way areas:
1. Fences, walls, or hedges, not to exceed three feet.
2. Landscaping.
3. Access walkways and driveways.
17.48.200 Street Dedication and Improvement.
No construction permit for a new or redeveloped building will be issued until street dedication and improvement requirements as shown on the circulation plans are met.
17.48.210 Parking and Driveway Requirements.
A. Parking. Parking requirements for new development within the Town Center District must maintain a minimum ratio of one parking space for every 400 gross square -24-
City of Bellflower
®rdinance No. 1417 — Exhibit A
feet of floor area. All newly constructed, expanded, or redeveloped buildings and structures must provide adequate parking to maintain this minimum ratio. The Director may, subject to this chapter, approve alternative parking.
B. Any use may apply to utilize the public parking lots to meet some, or all, of the on- site parking requirements. The Director will evaluate such request based on considerations such as the ease of pedestrian access; the reasonable adjacent or proximate distance to the public parking lot; the parking assessment report; and the practicability of transferring the parking obligation. The applicant must prepare and submit a Parking Assessment Report containing the following components:
1. An assessment of the proposed project's highest parking demand time periods;
2. An analysis of available public parking locations during high parking demand time periods; and
3. A plan to include the use of maps, guides, or other wayfinding showing the locations of Bellflower public parking lot locations, in any marketing materials or marketing methods generated by the applicant.
In addition, the applicant must also enter into an agreement with the City clarifying that the use of public parking spaces does not grant a possessory right to the applicant; that the public may freely use any parking space within the public parking area; and that any transfer of ownership requires a reapplication for off-site parking. The City Manager is authorized to execute any such agreement in a form approved by the City Attorney.
C. Driveways. Each project site must provide a 20 -foot minimum driveway width or tWO 10 -foot driveways for each project site. The minimum required back -out space must comply with the "Parking Standards" diagram in this chapter. If a portion of the required driveway width is also used as a back -out space and the minimum required back -out space is greater than the minimum required driveway width, the minimum required back- out space requirement applies for the portion of the driveway used as back -out space.
D. Parking Space Dimension. Any permanently maintained parking space must be a minimum of nine feet by 18 feet for the parking of motor vehicles.
A. No wall or fence may be constructed within the Town Center District until the Director approves plans and designs. In addition, a wall or fence requires a building permit. All walls and fences, whether required or not, must be located and limited in accordance with the provisions of this section.
B. Wall and Fence Height.
-25-
City of Bellflower
Ordinance No. 1417 — Exhibit A
1. A six foot high solid decorative masonry perimeter wall (split face concrete block, or equivalent) is required adjacent to all residential districts. When the wall reaches the established front yard setback line of a residentially -zoned lot abutting the Town Center District, it must be decreased to a height of 42 inches. Perimeter walls located adjacent to residential districts may be extended to a minimum height of eight feet with Director approval.
2. Walls which are not located adjacent to residential districts (internal lot walls) are allowed to be a maximum of six feet in height.
3. Fences must not exceed six feet in height.
4. A maximum three foot high solid decorative masonry wall may be permitted anywhere on the interior of a lot.
5. A maximum three foot high decorative non -view -obscuring fence may be permitted anywhere on the interior of a lot.
C. Wall and Fence Material and Design.
1. Perimeter and internal lot
concrete block, or equivalent with
allowed.
walls must be decorative, composed of split face
coping. Standard concrete masonry unit block is not
2. Fences must be decorative, composed of wrought iron, or equivalent, with 18 inch wide solid decorative pilasters located 25 feet on center.
3. Perimeter and internal lot walls must be finished on both sides.
4. Wall and fence colors, textures, and materials must be coordinated with building architecture to achieve compatibility of design.
D. Walls and fences must be maintained in good repair and appearance.
E. The use of chain-link, barb wire, razor wire, wood or plastic slats, or wire fencing is not allowed.
17.48.230 Security Devices and Window Glass.
A. The use of shatter resistant laminated vigil pane security glass is encouraged for storefront security.
S. The use of exterior scissor style security grilles and roll -up metal doors or grates are prohibited.
-26-
City of Bellflower
Ordinance No. 1417 — Exhibit A
C. Interior scissor style security grilles must be concealed from public view when not in use by retracting the grilles into casings which are in proportion and scale to the building's architecture.
D. Permanent security bars (defined as those clearly visible and fixed to the exterior of windows or doors) are prohibited.
E. Interior security mullions which mimic individual window panes may be allowed as a security device, as approved by the Director.
17.48.240 Performance Standards.
The conduct and operation of all uses in the Town Center District must comply with the minimum standards of performance set forth below:
A. Noise. The conduct and operation of all uses must comply with the following standards:
1. It is unlawful for any Town Center District activity to create noise that exceeds an exterior noise level of 60 dBA (a weighted method of measurement) during the hours of 10:00 p.m. to 7:00 a.m. and 65 dBA (a weighted method of measurement) during the hours of 7:00 a.m. to 10:00 p.m., as measured at the property line. Itis unlawful for interior oise limits to i
nmpact residential interior spaces above 45 dBA (a weighted method of measurement).
2. It is unlawful for any person to load, unload, open, close, or handle boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of 10:00 p.m. and 8:00 a.m., in a manner which would cause a noise disturbance to an abutting residential district.
3. It is unlawful for any person to cause or permit the repairing, rebuilding, modifying, oI testing of any motor vehicle (e.g., auto, truck, recreation vehicle, motorcycle, off-road vehicle) in such a manner as to create a noise disturbance between the hours of 10:00 p.m. and 8:00 a.m. affecting an abutting residential district.
4. Exterior air conditioning equipment must have a sound rating number (SRN) in accordance with ARI (Air Conditioning and Refrigeration Institute) Standard 270.
5. Any live music, or music systems (e.g., CD players, radios, tape players, digital audio players) may be conducted, designed., installed, and operated in a manner which is not disturbing to surrounding Town Center District uses and abutting residential districts.
B. Lighting. The conduct and operation of all uses must comply with the following standards:
City of Bellflower
Ordinance No. 1417 — Exhibit A
1. All lights and glare associated with operations and illuminated signs must be shielded or directed so as not to illuminate abutting residential districts.
2. Suilding lighting, for the purpose of accenting architectural elements through the use of exposed neon, may be approved by the Director.
C. Smoke. No operation or activity is permitted to have operations which emit excessive smoke, fumes, or dust or which exceed the requirements of applicable law.
D. Maintenance of Open Areas. All open areas must be landscaped or surfaced and permanently maintained in accordance with applicable law.
E. Vibration. No operation or activity is permitted which will create vibration noticeable without instruments at the perimeter of the subject property.
F. Mechanical and Electrical Equipment. All mechanical and electrical equipment including, without limitation, air conditioners; antennas; satellite dishes; pumps; transformers; heating; and ventilating equipment must be located and operated in a manner that does not disturb adjacent uses and activities. All rooftop mechanical and electrical equipment must be screened from public view through the use of architectural features (e.g., parapet, cornice). Antennas, satellite dishes, and monopoles cannot exceed the building height limit, and must be located and designed so as to minimize the visual impact on surrounding properties and from public streets. Antennas, satellite dishes, and monopoles must be screened through the addition of architectural features and/or landscaping that harmonize with the elements and characteristics of the property.
The materials used in constructing the antenna,, satellite dish, or monopole cannot be unnecessarily bright, shiny, garish, or reflective.
C�. Electrical Nuisance. No operation or activity may transmit, generate, or otherwise cause any electrical, magnetic, or electromagnetic radiation disturbance that affects the operation of any use, equipment, or process employed by any use beyond the boundary of the site.
H. Liquid and Solid Wastes. No discharge at any point into any disposal system, or into the ground, of any toxic or hazardous liquid or solid materials is allowed.
I. Heat or Cold. No operation or activity can emit heat which would cause a temperature increase or decrease on any adjacent property in excess of 10 degrees Fahrenheit, whether the change is in the air, on the ground, or in any structure.
J. Trash Areas. All refuse must be stored within City approved trash containers. All areas for the storage of trash containers must be effectively screened from public view or placed within an enclosure bounded by a six foot high solid masonry decorative (split face concrete block or, equivalent) wall, with solid metal doors. All trash enclosures must be _28_
City of bellflower
®rdinance No. 1417 — Exhibit A
securely designed to prevent access to anyone other than the authorized users and the refuse service company.
17.40.2 50 Nonconforming Structures and Uses.
These provisions provide for the orderly termination of nonconforming structures and uses to promote the public health, safety, and general welfare, and to bring these structures and uses into conformity with the goals, objectives, and policies of the General Plan. This section is intended to prevent the expansion of nonconforming structures and uses to the maximum extent feasible, to establish the criteria under which they may be continued or possibly expanded, and to provide for the correction or removal of these land use nonconformities in an equitable, reasonable, and timely fashion.
Nonconforming structures and uses within the Town Center District are detrimental to both orderly and creative development, and the general welfare of citizens and property.
A. Nonconforming Structures. A structure which lawfully existed before the effective date of the ordinance codified in this chapter is a legal nonconforming structure, and may continue even though the structure fails to conform to the present requirements of the Town Center District. A legal nonconforming structure may be maintained as follows:
1. A legal nonconforming structure which is damaged to an extent of 50% may be restored only if made to conform to all provisions of this chapter.
2. Reasonable repairs and alterations may be made to legal nonconforming N
ommercial structures, provided that no structural alterations be made which would prolong the life of the supporting members of a structure, such as bearing walls, columns, beams, or girders. Structural elements may be modified or repaired only if the Director determines that such modification or repair is immediately necessary to protect the health and safety of the public or occupants of the nonconforming structure, or adjacent property.
However, improvements required to reinforce nonreinforced masonry structures is permitted, provided that such retrofitting is strictly limited to compliance with earthquake safety standards.
3. Reasonable repairs required by law will be permitted.
4. Any additional development of a parcel with a legal nonconforming structure may require that all new structures be in conformance with this chapter and all applicable portions of this code.
5. If the nonconforming structure is unoccupied for a period of one year or more the structure will lose its legal nonconforming status, and will be removed or altered to N
onform to the provisions of this chapter and all applicable portions of the code. A use of a legal nonconforming structure must be considered discontinued when any of the following apply:
_29_
City of Bellflower
Ordinance No. 1417
Exhibit A
a. The explicit intent of the owner to discontinue use of the nonconforming structure is apparent, as determined by the Director.
b. Where characteristic furnishings and equipment associated with the use have been removed and not replaced with equivalent furnishings and equipment during this time, and where normal
inued
occuV ancy and/or use has been discontfora period of one year or more, unless the discontinuance of use was for the purpose of making repairs required by law.
c. Where there are no business receipts available for the one year period.
B. Abatement of Nonconforming Structures.
1. Legal nonconforming structures may be removed or structurally altered within the following specified time limit, from the effective date of the ordinance codified in this chapter.
2. Nonconforming structures may be continued for a period not to exceed 22 years.
C. Nonconforming Uses. A nonconforming use is one which lawfully existed before the effective date of said ordinance, but which is no longer permitted in the Town Center District. The continuance of a legal nonconforming use is subject to the following.
1. Change of ownership, tenancy, or management of a nonconforming use will not affect its legal nonconforming status, provided that the use and intensity of use does not N
hange.
2. If a nonconforming use is discontinued for a period of six or more consecutive calendar months, it will lose its legal nonconforming status, and the continued use of the property is required to conform with the provisions of this chapter and all applicable portions of this code.
3. Additional development of any property on which a legal nonconforming use exists will require that all existing and new uses conform to the provisions of this chapter and all applicable portions of this code.
4. If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed.
5. No nonconforming use may be established or replaced by another nonconforming use, nor may any nonconforming use be expanded or changed.
D. Abatement
discontinued within
-30-
of Nonconforming Uses. Legal
the following specified time limits,
nonconforming uses must be
ordinance.
from the effective date of said
City of Bellflower
Ordinance No. 1417 o Exhibit A
1. A nonconforming use which does not occupy a structure: five years.
2. The nonconforming use of a conforming structure: 22 years.
E. Structure Permits or Certificates of Occupancy Prohibited. When any nonconforming structure or use is no longer permitted pursuant to the provisions of this chapter, no permit for a structure thereafter will be issued for further continuance, alteration, or expansion. Any permit issued in error must not be construed as allowing the continuation of the nonconforming structure or use.
F. Removal of Illegal Nonconforming Structures and Uses. Nothing contained in this chapter must be construed or implied so as to allow for the continuation of illegal nonconforming structures and uses. Said structures and uses must be removed immediately subject to the enforcement provisions of this code and other applicable law." -31-
-A,4 OF nrU P ,QIVZ�I
TO: Honorable Mayor and Members of the City Council
ATTENTION: Jeffrey L. Stewart, City Manager
FROM: Elizabeth Corpuz, Director of Planning and Building Services Kathryn Brun, Assistant Planner
SUBJECT: Consideration and possible action to read by title only, waive further reading, and introduce Ordinance No. 1417 — An Ordinance amending certain sections of Bellflower Municipal Code ("BMC") Title 17 (Zoning) pertaining to allowable uses, development standards, and process and procedures in the Town Center (TC) District. [Continued from June 27, 2022]
DATE:
July 11, 2022
EXECUTIVE SUMMARY
If adopted, the Ordinance would amend Bellflower Municipal Code ("BMC") Chapters
17.04 (General Provisions), 17.08 (Definitions), and 17.48 (Town Center (TC) District) governing allowable uses, development standards, and process and procedures within the TC District. This Ordinance would add definitions for certain uses, allow for artisanal manufacturing uses, update and simplify the allowable uses table, and streamline the approval process for various uses including, without limitation, alcohol sales for restaurants, breweries, and distilleries. The Ordinance would also remove the "Area 1" and "Area 2" designations of the Town Center District, On May 16, 2022, the Planning Commission adopted Resolution No. PC 22-08 recommending that the City Council make the changes within the proposed Ordinance. On June 27, 2022, the City Council held a public hearing to consider this Ordinance. At the conclusion of the meeting, the City Council closed the public hearing and directed staff to bring back a revised Ordinance incorporating its suggested changes for consideration.
RECOMMENDATION TO CITY COUNCIL
1. Read by title only, waive further reading, and introduce Ordinance No. 1417; or
2. Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None.
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Report Ordinance. .
ully 11, 2022
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ENVIRONMENTAL REVIEW
The Ordinance was reviewed pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 Cal. Code of Regulations §§ 15000, et seq., the "CEQA Guidelines"). Based upon that review, the Ordinance is exempt from additional environmental review pursuant to 14 Cal. Code Regs. § 15061(b)(3). The Ordinance will not result in any development or changes to the physical environment. After evaluating possible environmental impacts, it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment.
DISCUSSION
On June 27, 2022, the City Council held a public hearing to consider an Ordinance to amend BMC Chapter 17.48 (TC District); adding definitions to Chapter 17.08 (Definitions); and amending regulations in Chapter 17.04 (General Provisions). These changes would allow artisanal/small scale manufacturing; requiring an Administrative Use Permit (AUP) instead of a Conditional Use Permit (CUP) for alcohol sales in conjunction with a permitted restaurant, brewery or distillery; removing the distinction between Area 1 and Area 2 of the TC District and combining the allowable uses; revising the entire allowable uses table; removing antiquated uses such as outdoor newsstands; and modifying the process and procedures to allow a more streamlined review process. At the conclusion of the meeting, the City Council closed the public hearing, continued the matter to the July 11, 2022, City Council meeting, and directed staff to revise the Ordinance. The Ordinance was revised as follows:
• Child care and educational uses were revised to be allowed on the second floor and above only; and child care and educational uses of less than or equal to 5,000 sq.ft. was revised to be allowed with an Administrative Use Permit and those more than 5,000 sq. ft. to be allowed with a Conditional Use Permit; • Hookah Bars/Cafes was revised to be allowed with an Administrative Use Permit;
"Archery," "axe throwing," and "indoor playground" were added to the Indoor/Outdoor Commercial Recreational Facility use description; and • In the Allowable Uses Table, all "MCUPs" were changed to "AUPs" and all references in Title 17 (Zoning) to "Minor Conditional Use Permits" were changed to "Administrative Use Permits."
ATTACHMENTS
A. Ordinance No. 1417 .........................
June 27, 2022 Ci
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