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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 Muhoz, Associate Planner
SUBJECT: Consideration and possible action to waive further reading and adopt 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 26, 2024
EXECUTIVE SUMMA RZY
Ordinance No. 1426 was introduced on February 12, 2024. Accordingly, second reading and adoption is recommended. If adopted, the ordinance will take effect in 30 days.
RECOMMENDATION TO CTY CQUNC�L
1) Waive further reading and adopt Ordinance No. 1426; or 2) Alternatively, discuss and take other action related to this item.
FQUO AL IMPACT
There is no identifiable fiscal impact associated with the recommended action.
ATTAC H Vvq E- HTS
OrdinanceNo. 1426 .......................................................................................... 2 February 12, 2024, Staff Report (Without Attachments) ...........................................9 —1—
CITY OF BELLFLOWER
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
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 104733 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 February 12, 2024, the City Council opened a public hearing to receive public testimony and other evidence; and
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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 1 00-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)).
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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.
SECTDON 3. Environmental Assessment. 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 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 NIA 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.
SECT�OH 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).
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 land use designations which match actual viable uses); and
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2. Land Use Element — Low Density Residential Policy 1: provides rovidfor 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).
SEcypOH 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
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-I 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.
SECTQH 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.
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SECTIOM 3. 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 BNIC 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 0. 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 BNIC provision or other the city ordinance to remain in full force and effect for all purposes.
SECTMI I J . 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.
SECMH 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 of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are limitations on the City's ability to solve what are in effect regional, state, and National problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.
SECTION 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.
ECT10H J AQ. 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.
SECTMA 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. am
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SCC TIOH 16. Effective Date. This Ordinance becomes effective on the 30th day following its passage and adoption.
OO RDNANVCE HO. 1426 HAD ITS FIRST R E , DINPG OH FEBRU RY 129 20249 ITS SECOGAD REAWA G ON FEBRUARY 269 200 2, 9 Aa AD T-JAS DULY P , SSSED9 PPROVED9 AND ADOPTED BY THE CITY C OUHCOL OF THE CITY OF E iLL F iLObIV R AT ITS REGULAR MEETORA r' OF GEC B RUARY 269 202 Dare Koops, Mayor
ATTESST-
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APPROVEDAS TO FORM:
NA\RL H. BERGER, CITY ATTORNEY
Just n A. T(omayo9 Deputy CRY „ ft0Vn8V
ATTACHMENT:
Exhibit A — Locator Map
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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 Muhoz, 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.
W-TIVII
February 12, 2024
EXECUTWE 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.
RECOMMENDAY10H TO G0TY CQUHC0L
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.
FWAA L WA CT
There is no identifiable fiscal impact associated with the recommended action.
PUBWC HQT�CE
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 kivas also posted on the Project Site on February 1, 2024.
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Staff Rceporrt — = 23-04 1orr 104739 10500559 and 10511 Aemsa EoWevavd Febrruary 129 202
page 2 of
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 ACTQH �LEQSL L, TWEE
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 ("BIVIC") § 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.
BACKGROUND
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. —10—
SWI Report — ZC 23-04 for 104739 10005, and 10511 AvIeAa ooWav'sslrd Fehr uan) 129 2024,
Currently, the property 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 City Council approve the Zone Change. The November 6, 2023 Planning Commission staff report is included as Attachment C.
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Staff Reporr� — ZC 23=04 for. 10473, 105059 and it 00 611 A rrtesoa B or evarrd Febrruearry 129 202
HALYG9S
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 Change: 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