C-�, Of BELLFLOT�, t�
staf!1eport
-
TO: Honorable Mayor and Members of the City Council
ATTENTION: Ryan Smoot, City Manager
FROM: Elizabeth C. Oba, Director of Planning and Building Services Eliana Munoz, Associate Planner
SUBJECT: Consideration and possible action to conduct a public hearing to consider a Zone Change and read by title only, waive further reading, and introduce Ordinance No. 1426 — An Ordinance changing the Zoning Designation from C-G (General Commercial) Zone to R-1 (Low Density Residential) Zone for properties located at 10473, 10505, and 10511 Artesia Boulevard.
DATE: February 12, 2024
EXECUTIVE SUMMARY
If approved, the zoning designation for properties located at 10473, 10505, and 10511 Artesia Boulevard (collectively, the "Subject Properties") will change from C-G (General Commercial) to R-1 (Low Density Residential). State law requires consistency between the General Plan and the zoning designation. Currently, the zoning and General Plan land use designations are inconsistent with one another and the proposed zone change will harmonize the two. On November 6, 2023, the Planning Commission recommended approval of the Zone Change to City Council.
RECOMMENDATION TO CITY COUNCIL
1) Open the public hearing; take testimonial and documentary evidence; and after considering the evidence, introduce Ordinance No. 1426; 2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
There is no identifiable fiscal impact associated with the recommended action.
PUBLIC NOTICE
A Notice of Public Hearing was published in the Los Cerritos Community News newspaper on February 2, 2024. Public hearing notices were sent on January 30, 2024, to 41 property owners within a 300' radius of the Project Site and posted at City Hall, Brakensiek Library, Bellflower Substation, Thompson Park, Simms Park, Caruthers Park, and the City's website. A public hearing notice was also posted on the Project Site on February 1, 2024.
Page I of 4 —1—
Staff Report — ZC 23-04 for 10473, 10505, and 10511 Artesia Boulevard February 12, 2024
CEQA STATUS
The City reviewed the environmental impacts -of the proposed Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. "CEQA") and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the "CEQA Guidelines"). CEQA Guideline § 15164 provides that an addendum to an adopted Negative Declaration may be prepared where none of the conditions described in CEQA Guidelines § 15162 have occurred. The proposed Ordinance is within the scope of the City's General Plan Map update which was evaluated under a Negative Declaration ("ND") (Attachment D) and will not result in substantial changes in the project requiring major revisions to the ND, substantial changes with respect to the circumstances under which the ND was undertaken, and that there is no new information of substantial importance which was not known and could not have been known at the time the ND was adopted. Accordingly, the Ordinance is not subject to further environmental review.
TYPE OF ACTION (LEGISLATIVE)
In considering the Zone Change, the City Council acts in its discretionary legislative capacity. The City Council must make the following findings pursuant to Bellflower Municipal Code ("BMC") § 17.104.030 (Required Findings for Change of Zone):
® There are changed conditions since the existing zoning became effective to warrant other or additional zoning.
The proposed change of zone will not adversely affect adjoining property as to value or precedent and will not be detrimental to the area. • The change of zone will be in the interest or furtherance of public health, safety, and general welfare.
® Approving the zone change will not adversely affect the City's Comprehensive Zoning Plan.
Government Code § 65860 requires that zoning designations be consistent with the general plan and that any inconsistency be amended within a reasonable time. On July 13, 1998, the City Council adopted Ordinance No. 919 (Attachment E) which amended the Bellflower Zoning Map. Included in the amendment was the rezoning of the Subject Properties from A-1 (Agricultural Residential) Zone to C-G (General Commercial) Zone. On October 26, 1998, the City Council adopted Resolution No. 98-115 (Attachment D) which amended the Bellflower General Plan Land Use Map. The land use designation for the Subject Properties was unchanged and: remained "L" (Low -Density Residential).
Because the City recently became aware of the inconsistency between the zoning designation and the general plan land use designation for the Subject Properties, the City intends to meet the legal requirement to rectify the inconsistencies via a Zone Change.
IWA
Staff Report — ZC 23-04 for 10473, 10505, and 10511 Artesia BoWevard February 12, 2024
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y
y, property -- - - - F - - - - - --
Current) the at 10473 Artesia Boulevard (Parcel 1), is developed with a 5,900-square foot commercial building and is currently occupied by Affordable Openers.
The existing use on the property is inconsistent with the general plan land use designation of "L". The zone change to R-1 would not disrupt the existing business because it would be allowed to continue pursuant to BMC § 17.92 (Nonconforming Buildings and Uses).
The properties at 10505 and 10511 Artesia Boulevard (Parcels 2 & 3) are each developed with a single-family residence and zoned C-G. The C-G zoning designation is inconsistent with the General Plan Land Use designation of "L." The zone change to R-1 would result .in a conforming property in that the use of both properties as single-family residences are consistent with the proposed zoning of R-1.
On November 6, 2023, the Planning Commission considered the Zone Change (Attachment C). At that time, the Planning Commission received testimony from the owners of the Subject Properties. The property owners of 10505 and 10511 Artesia Boulevard expressed their support for the Zone Change. The property and business owner for 10473 Artesia Boulevard expressed concerns regarding the ability to continue the commercial use of the property, the property value, and the limitation on future expansions of the use and structure. At the conclusion of the meeting, the Planning Commission adopted Resolution No. PC 23-09 (Attachment B), recommending the Gaff Council approve the Zone Change. The November 6, 2023 Planning Commission s report is included as Attachment C.
oho
Staff Report — ZC 23-04 for 10473, 10505, and 10511 Artesia Boulevard February 12, 2024
ANALYSIS
Pursuant to Government Code § 65300 each city is required to prepare and adopt a comprehensive, long-term general plan for the physical development of the city that acts as the City's "blueprint." The general plan is meant to facilitate the City's goals for the future. It represents the community's view of its future; a constitution made up of the goals and policies upon which land use decisions will be based upon.
In contrast, zoning is the law that implements the general plan by, among other things, regulating allowable uses and imposing development standards. Zoning must be consistent with the general plan because its purpose is to implement the policies of the general plan. As such, general plan supersedes zoning; and zoning that is inconsistent with the general plan must be remedied by changing the zoning to be consistent with the general plan (Government Code § 65860(c)).
Zone Chance: Before the City Council grants approval of a Zone Change, it must find that the project meets all necessary findings pursuant to BMC §17.104.030. As proposed, the project meets all four findings outlined in Ordinance No. 1426 (Attachment A).
General Plan: If adopted by the City Council, the project will be consistent with various goals and policies of the General Plan — Land Use Element and Housing Element, as outlined in Ordinance No. 1426 (Attachment A).
ATTACHMENTS
A. Ordinance No. 1426 (with Zone Change Map).................................................5 B. Resolution No. PC 23-09 (without exhibit).......................................................12 C. November 6, 2023, Planning Commission Staff Report (without attachments) .......18 D. Resolution No. 98-115 — 1998 General Plan Amendment and Neg. Declaration .... 23 E. Ordinance 919 —1998 Zone Change............................................................ 27 F. Aerial, Assessor's Map, Current Zoning Map and General Plan Map ................... 33 —4—
CITY OF BELLFLOWER
ORDINANCE NO. 1426
AN ORDINANCE CHANGING_ THE ZONING DESIGNATION FROM
C
(GENERAL COMMERCIAL) ZONE TO R-1 (LO1047D3ENSIT
RESIDENTIAL) ZONE FOR PROPERTIES LOCATED AT ,
AND 10511 ARTESIA BOULEVARD
THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings. The City Council finds and declares as follows:
A. Pursuant to Government Code § 65300 each city is required to prepare and adopt a comprehensive, long-term general plan for the physical development of the city that acts as the City's "blueprint." The general plan is meant to facilitate the City's goals for the future. It represents the community's view of its future; a constitution made up of the goals and policies upon which land use -decisions will be based upon;
B. Zoning is the law that implements the general plan by regulating allowable uses and development standards consistent with the goals and policies of the general plan; .
C. This zone change is necessary to provide consistency between the General Plan Land Use Element and the zoning designation for properties located at 104737 10505, and 10511 Artesia Boulevard (collectively, the "Subject Properties
D. The* City reviewed the .proposed Zone Change 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"). CEQA and the CEQA Guidelines are collectively referred to as "CEQA Regulations";
E. The Director of Planning and Building Services completed its review and scheduled public hearings regarding this matter before the Planning Commission on November 6, 2023, and before the City Council on February 12, 2024.
F. Notice 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;
G. On November 6, 2023, the City Council opened a public hearing to receive public testimony and other evidence; and
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City of Bellflower
Ordinance No. 1426
H. The City Council considered the information provided by City Staff, and public testimony. This Ordinance, and its findings, are made based upon the evidence presented to the City Council at its February 12, 2024, hearing including, without limitation, the staff report submitted by the Department of Planning and Building Services.
SECTION 2. Factual Findings and Conclusions. The City Council finds as follows:
A. Government Code § 65860 requires that zoning ordinances be consistent with the general plan;
B. The property located at 10473 Artesia Boulevard measures 0.43 acres (approximately 18,900 square feet) has a general plan land use designation of Low Density Residential ("L"), and is zoned C-G (General Commercial).
C. The properties located at 10505 and 10511 Artesia Boulevard each measure
0.42 acres (approximately 18,300 square feet), have a general plan land use designation of Low Density Residential ("L"), and are zoned C-G (General Commercial);
D. On July 13, 1998, the City Council adopted Ordinance No. 919 amending the Bellflower Zoning Map. Included in the amendment was the rezoning from A-1 (Agricultural Residential) zone to C-G (General Commercial) zone of the Subject Properties;
E. On October 26, 1998, the City Council adopted Resolution No. 98-115 amending the Bellflower General Plan Land Use Map. The general plan land use designation of the Subject Properties was not changed to "C" (Commercial) and remained as "L" (Low -Density Residential);
F. The Subject Properties are accessible from Artesia Boulevard, a 100-foot wide major arterial; and
G. The property located at 10473 Artesia Boulevard is bounded to the north and west by multi -family residential apartments (R-3 PD zone), to the south by a multi -tenant commercial building (C-G zone), and to the east by a single-family residence (C-G zone which is proposed to be changed to R-1 zone). The property at 10505 Artesia Boulevard is bounded to the north by a multi -family residential apartments (R-3 PD zone), to the south by a multi -tenant commercial building (C-G zone), to the west by a commercial building (C-G zone which is proposed to be changed to R-1 zone), and to the east by a single family residence (C-G zone which is proposed to be changed to R-1 zone). The property at 10511 Artesia Boulevard is bounded to the north by a multi -family residential apartments (R-3 PD zone) and a single family residence (R-1 zone), to the south by a multi -family residential apartments (R-3 zone), and to the west and east by single family residences ((C-G zone proposed to be changed to R-1 zone) and (R-1 zone)).
Qm
City of Bee icvuffer
Ordinance No. 1426
H. The intent and purpose of the C-G zone is to provide adequate areas properly located to serve the needs of the community and the surrounding area.
SECTION 3. Environmental Assessment. The City reviewed the environmental impacts of the proposed Ordinance pursuant to the California Environmental Quality (Public Resources Code §§ 21000, et seq. "CEQA") and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the "CEQA Guidelines"). CEQA Guideline § 15164 provides that an addendum to an adopted Negative Declaration may be prepared where none of the conditions described in CEQA Guidelines § 15162 have occurred. The City Council finds as follows:
• On October 26, 1998, the City Council adopted Resolution No. 98-115 adopting a new General Plan Map and Negative Declaration ("ND"). • The ND evaluated, among other things, the environmental impacts resulting from the new General Plan Map.
• Changing the zoning designation for the Subject Properties is an activity contemplated by the General Plan Map and analyzed under the ND. • This zone change does not contemplate any changes which will require major revisions to the ND, nor are there any substantial changes with respect to the circumstances under which the ND was undertaken. • There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the. ND was certified showing: (1) the zone change will have one or more significant effects not discussed in the ND; (2) significant effects previously examined will be substantially more severe than shown in the ND.
SECTION 4. Notice of Determination. The City Manager, or designee, is directed to file a Notice of Determination in accordance with CEQA §§ 21152, 21167(f), CEQA Guidelines § 15094; and any other applicable law.
SECTION 5. General Plan and Zoning Conclusions. Pursuant to Government Code § 65860, the proposed Zone Change is consistent with the following goals and policies of the General Plan.
A. The general plan land use designation of the Subject Properties is Low Density Residential "L." The L designation is characterized by single family dwellings at
a density of 0-8.7 dwelling units per acre. The R-1 zone allows one dwelling unit per 5,000 square feet of lot area (approximately 8.7 dwelling units per acre).
D. The proposed Zone Change is consistent with the following goals and policies of the General Plan:
1. Land Use Element — General Goal 1 (Discourage disjoint land use patterns); and General Goal 1 — Policy 1.1 (Provide land use designations which match actual viable uses); and
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City of Bellflower
Ordinance No. 1426
2. Land Use Element — Low Density Residential Policy 1: provide for the retention and maintenance of existing Low Density Residential neighborhoods which are primarily developed with single family homes.
3. Housing Element — Policy 2.1 (Designate sufficient land in the General Plan Land Use Element and Zoning for the development of a range of housing types to meet the identified needs of all economic segments of the community, while providing a high quality of life for all residents).
SECTION 6. Zone Change Findings and Conclusions. Pursuant to BMC § 17.104.030, the City Council makes the following findings:
A. There are changed conditions since the existing zoning became effective to warrant other or additional zoning.
On July 13, 1998, the City Council rezoned the Subject Properties from A-1 to C-G Zone. On October 26, 1998, the City Council amended the Bellflower General Plan Map and elected to keep the General Plan Land Use designation for the Subject Properties as "L."
B. Proposed change of zone will not adversely affect adjoining property as to value or precedent and will not be detrimental to the area.
The proposed change of zone will not adversely affect adjoining properties as to value or precedent and will not be detrimental to the area because the adjoining properties to the north, west, and east are zoned and developed with residential uses which are compatible with the proposed change of zone.
C. The change of zone will be in. the interest or furtherance of public health, safety and general welfare.
The proposed Zone Change provides for the retention and maintenance of existing Low Density Residential neighborhoods through implementation of the R-1 development standards and discourages disjoint land use patterns through implementation of the R-1 use restrictions.
D. That the approval of such change of zone will not adversely affect the Comprehensive Zoning Plan being prepared for the City, or as adopted.
The proposed Zone Change is consistent with the various Goals and Policies of the Bellflower General Plan — Land Use Element as outlined in Section 5 of this Ordinance. Additionally, the proposed Zone Change will rectify the inconsistencies between the zoning designation and the general plan land use designation.
SECTION 7. Approval. Based on the foregoing, the City Council approves Zone Change Case No. ZC 23-04 to change the zoning designation from C-G (General Commercial) Zone to R-1 (Low Density Residential) Zone for properties located at 10473, 10505, and 10511 Artesia Boulevard as set forth in Exhibit "A," which is attached and incorporated by reference.
City of Be9lg9ower
Ordinance No. 1426
page 5 of 6
SECTION 8. Construction. This Ordinance must be broadly construed 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 9. 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 Ordinances 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 10. 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 11. 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 12. 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 o 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 13. 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 14. 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.
SECTION 15. 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 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
WE
City of Bellflower
Ordinance No. 1426
SECTION 16. Effective Date. This Ordinance becomes effective on the 30t" day following its passage and adoption.
ORDINANCE NO. 1426 HAD ITS FIRST READING ON FEBRUARY 12, 2024 ITS
SECOND READING ON , AND WAS DULY PASSED, APPROVED, AND
ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS
REGULAR MEETING OF
Dan Koops, Mayor
ATTEST:
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
KARL H. BERGER, CITY ATTORNEY
Justin A. Tamayo, Deputy City Attorney
ATTACHMENT:
Exhibit A — Locator Map
—10—
Ordinance No. 1426
® Exhibit A
ZC 23-04
Amended Zoning Map
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Density Residential)
CITY OF BELLFLOWER
RESOLUTION NO. PC 23-09
A RESOLUTION RECOMMENDING THE CITY COUNCIL -APPROVE
ZONE CHANGE CASE NO. ZC 23-04 TO CHANGE THE ZONING
DESIGNATION FROM C-G (GENERAL COMMERCIAL) ZONE TO R-1
(LOW DENSITY RESIDENTIAL) ZONE FOR PROPERTIES LOCATED AT 10473, 10505, AND 10511 ARTESIA BOULEVARD; APPLICANT: CITY
OF, BELLFLOWER
THE PLANNING COMMISSION RESOLVES AS FOLLOWS:
SECTION 1. Recitals. The Planning Commission finds and declares as follows:
A. Pursuant to Government Code § 65300 each city is required to prepare and adopt a comprehensive, long-term general plan for the physical development of the city that acts as the City's "blueprint." The general plan is meant to facilitate the City's goals for the future. It represents the community's view of its future; a constitution made up of the goals and policies upon which land use decisions will be based .upon;
R. Zoning is the law that implements the general plan by regulating allowable uses and development standards consistent with the goals and policies of the general plan;
C. This zone change is necessary to .provide consistency between the General Plan Land Use Element and the zoning designation for properties located at 10473, 10505, and 10511 Artesia Boulevard (collectively, the "Subject Properties");
D. The City reviewed the proposed Zone Change pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000,. e seq:, "CEQA"} and the regulations promulgated thereunder (14 Cal. Code .of Regulations §§150D0, et seq., the "CEQA Guidelines"). CEQA and the CEQA Guidelines are collectively referred to as "CEQA Regulations";
E. The Department of Planning and Building Services completed its review and scheduled a public hearing regarding this matter before this Planning Commission for November 6, 2023;
F. Notice of Public Hearing before the Planning Commission was duly given and published in the time, form, and manner as required by law; G. Can November 6, 2023, the Planning Commission opened a public hearing to receive public testimony and other evidence; and
H. The Planning Commission considered the information provided by City Staff, and public testimony. This Resolution, and its findings; :are made based upon —12— Page 1 of 6
City of Bellflower
Resolution No. PC 23-09
the evidence presented to the Planning Commission at its November 6, 2023 hearing including, without limitation, the staff report submitted by the Department of Planning and Building Services.
SECTION 2. Factual Findings. The Planning Commission finds as follows; A. Government Code § 65860 requires that zoning ordinances be consistent with the general plan,
B, The property located at 10473 Artesia Boulevard Measures 0.43 acres 18,900 square feet) has: a general plan land use designation of (approximately
Low Density Residential ("L") and is zoned C-G (General Commercial).
C. The properties located at 10505 and 10511 Artesia Boulevard each easure
0.42 acres (approximately 18,300 square feet), have a general plan and use designa tion of Low Density Residential ("L"), and are zoned C-G (General Co.mmercial),
D. On July 13, 1.998., the City Council adopted Ordinance No. 919 amending the Bellflower Zoning Map. Included in the amendment was the rezoning from A-1 (Agricultural Residential) zone to C-G (General Commercial) zone of the Subject Properties;
E. Can October 26, 1998, the City Council adapted resolution No. 98-1 15 amending the Bellflower General Plan Land Use Map. However, the general plan land use designation of the Subject Properties was not .changed to "C" (Commercial) and. remained "L" (Low -Density Residential); F. The Subject Properties are accessible from Artesia Boulevard, a 100-foot wide Major arterial; and
G The property located at 10473 Artesia Boulevard is bounded to the north and p
west by multi -family residential apartments (R-3 PD zone), to the south by multi -tenant commercial building (C-G zone)., and to the east by a single-family residence (C-G zone which is proposed to be changed to R-1 zone). The anvil
-property at 10505 Artesia Boulevard is bounded to the north by a: multi -family residential apartments (R-3 PD zone), to the south by a multi tenant mmercial building C-G zone), to the west by a commercial building (C-G co (
zone which is proposed to be changed to R-1 zone), and to the east by a single family residence (C-G zone which is proposed to be changed to R-1 zone). The property at 10511 Artesia Boulevard is bounded to the north by a multi -family residential apartments (R-3 PD zone).and a single family residence (R-1 zone), to the south by a multi -family residential apartments (R-3 zone), and to the west and east by single family residences ((C-G zone proposed to be changed to R- 1 zone) and (R-1 zone)).
H. The "intent 7and purpose of the C-G zone is to provide- adequate areas properly located to serve the needs of the community and the surrounding area. —13—
City of Bellflower .
Resolution No. PC 23-09
SECTION 3. Environmental Assessment. The City reviewed the environmental impacts of the proposed Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 210001 et seq. CEQA) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the "CEQA Guidelines"). CEQA Guideline §A5164 provides that an addendum to an adopted Negative Declaration may be prepared where none of the conditions described in CEQA Guidelines § 15162 have occurred. The Planning Commission finds as follows:
• On October 26, 1998, the City Council adopted Riesolution No. 98-115 adopting a new General Plan Map and Negative Declaration ("ND"). • The ND evaluated, among other things, the environmental impacts resulting from the new General Plan Map.
Changing the zoning designation for the Subject Properties is an activity contemplated by the General Plan Map and analyzed under the ND. • This zone change 'does not contemplate any changes which .:will require Major revisions to the ND, nor are there .any substantial changes with respect to the circumstances under which the ND was undertaken. • There is no new information of.substantial importance -which was not known and could not have been known' with the exercise of reasonable diligence at the time the ND was certified showing: (1) the. zone change will have one or more significant effects not discussed in the ND; (2) significant effects previously examined will be substantially more severe. than shown in the ND.
SECTION 4. General -Plan anti Zoning Conclusions. Pursuant to Government - Code .§ 65860, the proposed Zone Change is consistent with the following goals and policies of the General Plan.
A. The general plan land use designation of the Subject Properties is Low Density Residential "L." The L designation is characterized by single family dwellings at a density of 0=8.7 dwelling Units per acre. The R-1 zone allows one dwelling unit per 5,000 square feet of lot area (approximately 8.7 dwelling units per acre).
B. The proposed Zone Change is consistent with the following goals and policies of the General Plan:
1. Land Use Element— General Goal 1 (Discourage disjoint land use patterns); and General Goal 1 Policy 1.1 (Provide Iand use designations which match actual.viable uses); and
2. Land Use Element -- Low Density Residential Policy 1: provide for the retention and maintenance of existing Low Density Residential neighborhoods which are primarily developed with single family homes.
3. Housing Element —Policy 2.1 (Designate sufficient land in the General Plan Land Use Element and Zoning for the development of a range of housing —14—
City of Bellflower
Resolution No. PC 23-09
.Page 4 of 0
types to meet. the identified needs of all economic segments of --the community, while providing a high quality of life for all residents).
SECTIC►N 5. Zone Change Findings and- Cronclusions, Pursuant to BMC
17.104.030 the Planning Commission makes the following findings-; A. There :are changed conditions since -the existing zoning became effective to warrant other or additional zoning.
On July 13, 1998, the City Council rezoned the Subject Properties from A-1 to C-G Zone. On October 26, 1998, the City Council amended the Beliflower General Plan Map and elected to keep the General Plan Land. Use designation for the Subject Properties as "L."
B. Proposed change of zone will not adversely affect adjoining property as to. value or precedent acid will not be detrimental to the area.
The proposed change of zone will not adversely affect adjoining properties as to, value or precedent and will not. be detrimental to the area because t he
adjoining properties to the north, west, and east are zoned and developed with residential uses which are compatible with the proposed change of zone.
C, The change of zone will be in the interest or furtherance of public health, safety, and general welfare.
The proposed Zane Change provides for the retention, and maintenance of existing Low Density Residential neighborhoods through implementation of the R-1 development standards and discourages disjoint land use patterns through implementation of the R-1 use restrictions.
D. That the approval :of such change of zone will .pot adversely affect the Comprehensive Zoning Plan being prepared for the City, or�as adopted.
The proposed Zone Change is consisterit With the various Goals arid Policies of "the Bellflower General Plan — Land Use Element as outlined in Section 4 of this Resolution. Additionally, the proposed Zone Change will rectify the inconsistencies between the zoning designation and the general -plan land use designation.
SECTION 6. Recommendation. The Planning Commission recommends that the City Council adopt the draft ordinance set forth in "Exhibit A, which is attached and incorporated by reference.
SECTION 7. Construction. This Resolution must be broadly construed in order to, achieve the purposes stated in this Resolution. It is the Planning Commission s intent that the provisions of this Resolution be interpreted or implemented by the City and other in a manner that facilitates the purposes set forth in this Resolution. —15—
City of Bellflower
Resolution No. PC 23.09
SECTION S. Reliance On Record. Each and :every one of the findings and determinations in this Resolution 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 Planning Commission in all respects and are- fully and completely supported' by. substantial evidence in the record as a whole.
SECTION 9. Limitations. The. Planning Commission'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 Planning Commission's lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the 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 a`nd with the limitations inherent in that framework.
SECTION 10. Severability. If any part >of this Resolution or its application is .deemed invalid by a court of competent jurisdiction, the- Planning Commission intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Resolution are severable.
SECTION 11. Preservation: This Resolution does not affect any penalty, forfeiture, or liability incurred° before, or preclude prosecution and. imposition of penalties for any violation occurring before, this Resolution's effective date. Any such amended part will remain in full force and effect for sustaining action 'or prosecuting violations occurring before the effective date of 4bis Resolution.
SECTION 12. This Resolution is the Planning Commission's final decision and will become effective immediately upon adoption and will remain effective until superseded by a subsequent resolution.
SECTION 13. Electronic Signatures. This Resolution 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 14. The Planning Commission Secretary is directed to. mail a copy of this Resolution to any person requesting a copy:
SECTION 15. The Planning Commission Chairman, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the Planning Commission of the City of Bellflower, and the Planning Commission Secretary, is directed to attest thereto.
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City o#'Bellflower
Resolution No. PC 23-0:9
Pag6-6 of 6
PASSED, APPROVED, AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OP BELLFLOWER THIS 6fh DAY OF NOVEMBER 2023.
William Men es, Chairman
Attest:
Eliz oetC. Oba, Secretary
Approved s to form:
KARL H.. ERGER, CITY ATTORNEY
stin A. tpmajo, Deputy City Attorney
ATTACHMENT:
Exhibit A — draft Ordinance
—17—
c � Honorable Chairman and Niierni)ers of the Planning Commission ATTENTION: Elizabeth C. ba, Director of Planning and Building Services - a'li ,n , iiloioz, Associate Manner
r
SUBJECT: Consideration and possible action to conduct a public hearing to consider a Zone Change and adopt Resolution No. PC 23-09 — A Resolution recommending the City Council approve Zone Change Case No. ZC 23-04 to change the Zoning resignation from C (General Commercial) Zone to R-1 (Low Density Residential) Zone for properties located at 10473, 10505, and 10511 Artesia Boulevard.
AT EP November 5, 2023
REC MEN A 1 ION
1. Open the public hearing; take testimonial and documentary evidence; and �.fter considering the evidence, adopt resolution No. PC 23-09; or . Alternatively, discuss and tape other action related to this item. 'TYPE OF ACTOON (ADVISORY OR QUASI-JUDICLAL
Advisory: in considering approval of the "Zone Change," the Planning Commission is acting as an advisory body to the City Council. Approval of a Zone Change is solely within the authority of the City Council. Accordingly, the Planning commission does not have ii legal authority to approve this application. The recommendation to the City Council, however, plays an important role in the approval process and should include the factual and legal basis for the Planning Commission's findings. The City Council can then consider those findings v hen making its ovum determination.
To recommend approval of the Zone Change, the PIanning Commission roust make all tine findings outlined in BMC § 17,104.030 (Required Findings for Change of .Zone):
A. That there are changed conditions since the existing zoning became effective to warrant the proposed change in zoning designation.
B. That the proposed change of zone will not adversely affect adjoining property as to value or precedent and will not be detrimental .tag ikhe area.
Staff Rep,=
p p,,mber 6, 2023
P-r-irple 2'-- 04 5
That the proposed change of zone will be in the interest or furtherance OT P IIC health, safety and general welfare.
That the approval, of the proposed change of zone will not adversely affect the Comprehensive Zoning Plan being prepared for the City, or as adopted.
G.
FBI
ociob" F-,-n , 'i ;Artesfia soulevard
21 d
PUBLIC NOME Hearing ins published in the Los Cerritos COMmunity News A Notice of Public 26, 2023
newspaper on October 27, 2023, Public hearing notices were sent on October to 41 property owners within a 300' radius of the Project Site and posted at City Hall, Brakensiek Library, Beliflower Substation, Thompson Park, Simms Park, Caruthers Park, and the city website. A public hearing notice was also posted on the Project Site on.- regarding this Project.
October 26, 2023. Also, the received correspondence regar The City reviewed the environmerila! inripacts of the proposed Ordinance pursuant to the duality Act (Public Resources Code §§ 2 1000, et seq. "CEQK) California Environmental Qua . thereunder (14 Cal. Code of Regs. §§ 15000, et seq., and the regulations promulgated ides that an -addendum to an the 4CEQA Guidelines . "). CEOA Guideline § 15164 prov
d where none of the cionditions described
adopted Negative Declaration may be prepare
in CEQA Guidelines § 15162 have occUrred. The proposed Ordinance is within the scope of the City's General Plan Map updatevyhIch was evaluated Linder. a Negative Declaration ,( result Imsubstantial ch�Imges in the project requiring CND") (Attachment C) and %!ill noi 10 n���tant�
major revisions to the ND, substan"I'jal changes wiih respeci t the circumsta c, L- -the I�j-lql -re is no new information of sl which the ND was Undertaken, Known at the time the ND was s'
importance which was not known and cc)uld not have been adopted. Accordingly, the Ordinance is not subject to further environme-Intal review.
BACK GI -I Q-', 1-111 D
Parcel i
Address:
Proq��rt�O yner,
r--aneml Plan Land Use Des
nation:
Zoning Cluassi-fication:
Prope7ity Size'.
-Current Development:
SurroundipLand Usdam-
North
SouthWest
10473 Artesia Boulevard
Affordable Access stems LLC
Sy
Density Residential j�-
C-G_(General commercial)
Approximatejy j8 090 square feet
corfirnercial Building_
0.43 acres
Multi -Family Residential -Apartments (R-3 PD
zop)I — G zone
)
Multi -Ten - ant - Commercial Buildin— T(P--(3 -------- — Multi -Family Residential Apartments (R-3 PD
zone)
Single Family Residence (C -G) (proposed to
change to R-1, 'Parcel 2" below)
-19-
Staf# Report — ZC 23 -04 for J 04739 j o505, and 10511 Artesia Boulevard November 6, 2023
parcel 3
Address:
Pra ert owner:
General Plan Land Use Designation:
Zon�n Classification.
property Size:
Current Development:
Surrsundin Lid Uses and `oi
North
South
West
East
^k'ninnia tri R-1. "Parcel 1" above
Sing Family Residence (C-G) (preposou
.-k., tnA fn 'R-1. "Parcel 3" below}
1051 1 AArtesia Bayard
Enri e arate
,- " Low Dens4 Residential
_C-G (General Commercial _ARRrqx!mately 18,300 s uare feet 0.42 acres SiNle Family ResidenCe __.
T Multi -Family Residential -- Apartments (R-3 PD
i Residence R-1 )
zon�and Sinpale_Fam
Multi-Family Residential —Apartments (R-3
j zoned _ _ _____- , __----�-
Single Family Residence (C-G}prcicsed to
chance to R-1, "parcel 2" above
_r§in61e Family Residences
—20—
i0ljC `` t
staff Report — 2:C
Page !"�
- Tom. .� '. QCl�f�1 ,••
lie
� Q
1W
r' 3 C6 s , - - �}
0. r _
.00
•�
Artesia sled
PROJECT DESCRIPTION
general
� that zoning ordinance be consistent with the which
Governrnent Code § 6586o requires
fit Council adopted ordinance o. 919 �Attachrnen yin from plan. On duly , �1998, the y
Bonin Map. Included in the amendment was the rezoning
amended the Bellflower g General commercial) Zone properties A_1 (Agricultural Residential) Zone to paw
located FA 10473, 10505, and 10511 Artesia Boulevard (collectively, the subject the pit Council adopted esolution Flo. 115
use
On October ` 6, 1998, Y
Properties"). Seliflower General Plan Land Use Map. The land (Attachment C) which arnenaed the
was unchanged and remained °�L„ (Low -Density
designation for the Subject Properties
Residential).
Artesia Boulevard (Par'1) is developed with a into sistent with goo -square foot
The property at 19�'73 .art (Parcel use on the propel' �s inconsistent commercial building built in �60�_ The existing 1 N,voraid not disrupt the general plan land use designation of "L" The change of zone to bellflower r�r�nicipai the existing business and would be allowed to continue pursuan o Chapter � 7.9� �l�,lor�cr7nforn�ing Buildings and Use
,ode �, BMC„ ) l�
—21—
Staff Report - :ZG 23-04 for 10473
November 6, 2023
The properties at 10505 and 10511 Artesia Boulevard (Parcels 2 & 3) are each developed %itith a single-family residence and zoned C-& The C-G zoning designation is inconsistent with the General Plan Land Use designation of "L."
i Code § 65860(c), in the event that a zoning ordinance becomes Pursuant to GovefJ-jJ_qenL n by reason of amendment to the plan, or to any element inconsistent with a general pla ended within a reasonable time so that it is of the plan, the zoning ordinance must be am
ended. Because the City recently became aware
consistent with the general plan as am, desigilation and the general plan land use of the inconsistency between the zoning s
designation for the three properties, the City intends to rneet the legal requirement to rectit,1 the inconsistencies by proposing to change the current C-G ,one to R-1 lone. panji=rj ANALYSIS
Pursuant to Government Code § ro5300 each city is required to prepare and adopt a comprehensive, long-term general plan for the physical development of the city that acts as the City's "blueprint." The general plan is meant to facilitate the City goals for the TU constitution made up of the goals
future. it represents the communibils view Of its future; a cons s the alod policies upon which land use decisions will be based upon. Whereas zoning I 1&jv that supports the general plan, and it regulates allowable uses and development standards for each property. Zoning must comply with the general plan because its purpose is to implerrvent the policies of the general Man. As such, general plan supersedes zoningr, and zoning that is inconsistent with the gener2l plan must be remedied by changing the zoning to be consistent with the general plan (Government Code § 65860(c).
ty Council grants approval of a Zone Change, it must find that Zpqq_ghan _., Before the Ci -posed, the
ge %.D ary findings pursuant to Bj�jlC §17-104.030. As pro the project meets all w-3,cecs lutioj, �,4o. PC 23-09 (Attachment A). p foject meets all four findings outlined in Reso
General Plan: If adopted by the City Council, the project will be consistent with variolus goals and policies of the General Plan — Land Use Element and Housing Element, as outlined in Resolution No. PC 23-09 (AttachmeInt A).
ATTACC, HME NTS
Nc
resolution No. PC 23-09 B. ordinance 919 — 1998 Zone Charge C. Resolution NO- 98-115 — 1998 Gerieral Plairi Arnendi-nent and �,ilegaflve Declaration rp r r I Zone Change Map
, ,posec ka - "-,eneral Plan Niiap
E. Aerial, Assestirsor's Map, Current Z_'.oning Mal and G
CITY OF BELLFLOWER
RESOLUTION NO. 98-115
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BELLFLOWER APPROVING GENERAL PLAN AMENDMENT CASE NO.
GPA 98-1 TO AMEND AND ADOPT A NEW BELLFLOWER GENERAL
PLAN MAP IN CONJUNCTION WITH THE RECENTLY AMENDED AND
ADOPTED BELLFLOWER ZONING MAP AND APPROVING NEGATIVE
DECLARATION NO. 98-15
WHEREAS, it is the role and purpose of the General Plan to define the framework by which the City's physical, economic and human resources are to be managed and utilized over time; and
WHEREAS, the Land Use Element of the General Plan plays a central role of correlating land uses into a set of coherent development policies and among the various mandatory elements of the General Plan, is the most representative of the City's General Plan; and
WHEREAS, the General -Plan Land Use Map is the most tangible blueprint of the General Plan's long and short term development goals and policies; and WHEREAS, the City's Zoning must be consistent with the General Plan; and WHEREAS, the City has adopted a new and amended Bellflower Zoning Map which requires certain amendments to the Bellflower General Plan Land Use Map in order to make both consistent with each other; and
WHEREAS, notice of said hearing was duly given and published in the time, form, and manner as required by law; and
WHEREAS, a Negative Declaration has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA); and WHEREAS,, a public hearing was held before `the City Council on October 26, 1998.
NOW, THEREFORE, BE IT RESOLVED BY THE 0TY COUNCIL OF THE CITY OF BELLFLOWER, AS FOLLOWS:
SECTION 1. The City Council of the City of Bellflower does hereby find, determine and declare as follows:
_23_
City of Bellflower
Resolution No. 98-115
1. That the proposed amended Bellflower General Plan Land Use Map is consistent with State Planning Law in that it serves as a tangible blueprint designating the proposed general distribution, general location and extent of the uses of land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, and other categories of public and private uses of land as required by, Government Code Section 65302(a).
2. That the proposed amended Bellflower General Plan Land Use Map is consistent with the goals, policies, and programs of the City's General Plan in that it accurately reflects the intended population density and building intensity standards citywide.
3. That the proposed amendments to the Bellflower General Plan Land Use Map is consistent with the adopted Bellflower Zoning Map in that said amendments accommodate the different types of zoning as desired among the City"s diverse neighborhoods.
SECTION 2. Based on the above findings, the proposed Bellflower General Plan Land Use Map amendment is approved, and the adoption of this Resolution shall be deemed approval of Negative Declaration No. 98-15.
SECTION 3. The amended Bellflower General Plan Land Use Map is hereby attached as Exhibit 1 and made a permanent part hereof.
SECTION 4. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Cleric, is directed to attest thereto.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER THIS 261h DAN' OF OCTOBER, 1998.
ATTEST:
Debra D. Bauchop, ity Clerk
ram"
�. ar
Art Olivier, Mayor
—24—
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF BELLFLOWER )
I, Debra D. Bauchop, City Clerk of the City of Bellflower, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 98-1 15 was duly passed, approved, and adopted by the City Council of the City of Bellflower at its Regular Meeting of October 26, 1998, by the following vote to wit:
AYES: Councilmembers - Gilson, Smith, Cvetko, Bomgaars, and Mayor Olivier
Dated: November 10, 1998
Debra D. Bauchop, City Clerk
City of Bellflower, California
—25—
Ci y -owe 2f Belr ��foQ 2 z
General Plan
Sri[
7. Ell
A Ica
Lcgeid - Actual Land UsLr-'-14-7-'VY'4' * -" '-A
I2v or tlilitsC�Co n I�i11 cial Church a,
Office
9 1
Industrial Automobile OriefflCd L.=:F,1j Open Spice
-26-
CITY OF BELLFLOWER
ORDINANCE NO. 919
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BELLFLOWER APPROVING ZONE CHANGE CASE NO. ZC 97-7
AMENDING AND ADOPTING THE BELLFLOWER ZONING MAP AND
APPROVING NEGATIVE DECLARATION NO. 97-65
WHEREAS, there was filed with the City Council of the City of Bellflower proposed Zone Change Case No. ZC 97-7 to amend and adopt the Bellflower Zoning Map;
WHEREAS, it is the purpose of the Zoning Ordinance to encourage the most appropriate use of the land; to conserve and stabilize the value of property; and to promote public peace, health, safety, and general welfare, all in accordance with the General Plan; and
WHEREAS, the General Plan contains policies to create areas for physically viable commercial, residential, industrial, institutional and open space development with room to expand; and
WHEREAS, notice of said hearing was duly given and posted in the time, form, and manner as required by law; and
WHEREAS, the Environmental Assessment for Negative Declaration No. 97-65 assessed the potential impacts of this project and determined that this citywide Zoning Map Changes will not have a significant effect on the environment; and WHEREAS, public hearings were held before the Planning Commission and the Planning Commission recommended approval of proposed Zone Change Case No.
ZC 97-7; and
WHEREAS, public hearings were held before the City Council; and WHEREAS, the public necessity, convenience, and general welfare require this citywide Zoning Map amendment and adoption.
—27—
City of Bellflower
Ordinance No. 919
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AS FOLLOWS:
SECTION 1. That the City Council of the City of Bellflower makes the following findings:
1. There are changed conditions since the existing Zoning Map became effective to warrant this amendment in that changing social patterns leading to changing market conditions has through the years precipitated land use development patterns that are inconsistent with the City's General Plan in certain areas of the City.
2. The proposed Zoning Map changes will not adversely affect properties as to value or precedent in that the proposed amendment will make the existing dominant land uses in the various neighborhoods, consistent with the City's adopted General Plan and General Plan Land Use Map
3. The proposed Zoning Map changes will be in the interest or furtherance of public health, safety and general welfare in that the approval of the proposed amendment will result in a Zoning Map that is more accurately reflective of the City's adopted General Plan and General Plan Land Use Map.
4. The approval of such a change in the City's Zoning Map will not adversely affect the Comprehensive Zoning Map Plan as adopted in that such changes will better enable the City to comply with the General Plan purpose and intent to create areas 'For physically viable commercial, residential, industrial, institutional and open space development with room to expand.
SECTION 2. Based on the above findings, the application for this Zoning Map Change Amendment is approved, and the adoption of this ordinance shall be deemed approval of Negative Declaration No. 97-65 and Zone Change Case No. 97-7.
SECTION 3. Attached as a part of this ordinance is Exhibit A, the amended Bellflower Zoning Map.
am
City of Bellflower
Ordinance No. 919
page 3 of 3
SECTION 4. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Ordinance signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.
ORDINANCE NO. 919 HAD ITS FIRST READING ON JUNE 29, 1998, ITS SECOND READING ON JULY 13, 1998, AND WAS DULY PASSED, APPROVED, AND
ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER AT ITS REGULAR MEETING OF JULY 13, 1998.
' r �
Art Olivier, Mayor
ATTEST:
Debra D. Bauchop, City Cler
ccordzmp.wpd
_29_
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF BELLFLOWER )
I, Debra D. Bauchop, City Clerk of the City of Bellflower, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 919 had its first reading on June 29, 1998, its second reading on July 13, 1998, and was duly passed, approved, and adopted by the City Council of the City of Bellflower at its Regular Meeting of July 13, 1998, by the following vote to wit:
AYES: Councilmembers - Smith, Cvetko, Bomgaars, and Mayor Olivier
NOES: Councilmember - Gilson
Ordinance No. 919 was posted at City Hall, the Clifton M. Brakensiek Library, John S. Simms Park, the Bellflower Sheriff's Substation, and T. Mayne Thompson Park; and the title, effective date, and vote were published in the Local Section of the Long Beach Press-Telegran7, pursuant to Government Code Section 36933 and City Council action of April 24, 1995.
Dated: July 14, 1998
Debra D. Bauchop, City Clerk
City of Bellflower, California
(SEAL)
—30—
EXHIBIT A
AMENDED BELLFLOWER
ZOnING MAP
SECTOR 1 TO SECTOR 27
( 27 PAGES )
-31-
—32-
Aerial Photo
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-33-
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O.R-M. T425-20-2-1
Ya35-O4
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-34-
Current Zoning Map
q� yry Ln I
J;k
Pr perti ms
Tjr
7i-
VA
Aritre--l-
C-(3 Comrjit:-m-cial General
R!--3 - Multiple, Reside,=,ritial
R-Single Family Reesidelice
-35-
General Plan Map
9v 77
M Lr.
Subject
Properties
v a i �d Art-rAirte-sia-Zlvd
IIHI-166
L - Lo%,v. Density Residential
H - High Density Residential
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—36—