ORDINANCE NO. 3937
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TORRANCE, CALIFORNIA, AMENDING SECTION
95.1.6(C) ENTITLED "FINAL DETERMINATION AND
FINDINGS" OF CHAPTER 5 "CONDITIONAL USE
PERMITS", OF ARTICLE 1"GENERAL", OF DIVISION 9
"LAND USE", OF THE TORRANCE MUNICIPAL CODE
RELATING TO THE MITIGATION OF PROJECT-RELATED
ADVERSE IMPACTS
RECITALS
WHEREAS, the City of Torrance is a charter city under California law with a recognized mandate to preserve, protect, and enhance the general health and welfare of its residents; and WHEREAS, the Mello-Roos Community Facilities Act of 1982 permits cities to establish a Community Facilities District ("CFD") which allows for financing the construction of public infrastructure and certain services; and
WHEREAS, the CFO imposes a special tax on future property owners within the CFD boundary through the annual special tax levy collected on the property tax bill. This creates pockets of higher-taxed properties within the City's sphere of influence; and WHEREAS, on July 24, 2024, the Planning Commission held a duly noticed public hearing regarding the proposed amendment to Torrance Municipal Code ("TMC") 95.1.6(c) and, at the conclusion of the public hearing, voted to recommend approval of the amendment to include provisions within TMC 95.1.6(c) regarding the mitigation of project-related adverse impacts through the use of a CFO, as provided by the Mello-Roos Community Facilities Act of 1982; and WHEREAS, on September 10, 2024, the City Council conducted a duly noticed public hearing and considered adoption of an amendment to the TMC 95.1.6(c) pertaining to the inclusion of provisions regarding the mitigation of project-related adverse impacts through the use of a CFO, as provided by the Mello-Roos Community Facilities Act of 1982; and WHEREAS, the City Council finds that this Ordinance is not subject to the California Environmental Quality Act pursuant to the Sections 15378 and 15061 (b )(3) of the CEQA Guidelines, California Code of Regulations, Title 14.
NOW, THEREFORE, the City Council of the City of Torrance does hereby ordain as follows :
SECTION 1
The City Council of the City of Torrance hereby finds and determines that all the above Recitals are true and correct and incorporates such Recitals into this Ordinance.
SECTION 2
Section 95.1.6(c), entitled "Final Determination and Findings", of Chapter 5 of Article 1 of Division 9 of the Torrance Municipal Code is amended in its entirety to read as follows:
"95.1.6 FINAL DETERMINATION AND FINDINGS.
c) If a Conditional Use Permit or Minor Conditional Use Permit or other form of discretionary approval, by whatever name, is granted, specific monetary and non-monetary conditions may be imposed by the review authority that it finds are reasonable and necessary to mitigate project-related adverse impacts; to carry out the purpose and requirements of the respective land use district; and to effectuate the purposes of the Torrance General Plan, any applicable Specific Plan or Redevelopment Plan, and the best interests of the City.
Such conditions may relate to both on-and off-site improvements and other mitigation measures, and may include, but are not limited to:
1) Avigation easements;
2) Dedication of land for access purposes;
3) Payment, in whole or in part, for traffic regulation devices; 4) Such other conditions as are deemed necessary to effectuate the proper development of the property and surrounding area and insure compliance with the Torrance General Plan.
5) In addition to the broad categories of approving conditions described above, the Applicant, or the real property which is the subject of the Application and one or more of the approvals described above (the "Property") , may be required to locate or annex the Property in a Community Facilities District ("CFO") as provided by the Mello-Roos Community Facilities Act of 1982, one or more assessment districts ("Assessment District"), or other form of lawful financing district or platform which are designed, individually or collectively, to fund capital improvements and services which are determined by the review authority to be appropriate pursuant to the standards set forth in this provision of the Torrance Municipal Code and any other lawful enactment, whether by ordinance, resolution, or other lawful action of the City.
The terms and conditions of the CFO, the Assessment District, or other financing district or platform shall be determined by the review authority. The Property shall be subject to any and all conditions imposed by the CFO, the Assessment District, or other financing district or platform including, without limitation, any Special Tax, any Assessment, or any other financial charge or lien." SECTION 3
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance.
The City Council of the City of Torrance hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional.
SECTION 4
Any inconsistent provisions of the Torrance Municipal Code, or any other inconsistent ordinances of the City, are repealed, to the extent of the inconsistencies. 2 SECTION 5
This 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"). This ordinance is exempt pursuant to CEQA Guidelines 15378, because the activity undertaken involves general text amendments that would not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and does not meet the definition of a "Project" under CEQA. The proposed Ordinance is also exempt from CEQA Guidelines under Section 15061 (b)(3), as these revisions, in and of themselves, do not have the potential for causing a significant effect on the environment as they do not allow for any new or expanded uses not otherwise permitted under existing federal, state and local regulations.
SECTION 6
This ordinance shall take effect 30 days after the date of its adoption. Within 15 days following adoption, this ordinance or a summary of this ordinance if authorized by the City Council, will be published at least once in the Daily Breeze, a newspaper of general circulation, published and circulated in the City of Torrance.
INTRODUCED and APPROVED this 10th day of September, 2024.
ADOPTED and PASSED this 24 th day of September, 2024 .
y George K. Chen
APPROVED AS TO FORM:
PATRICK Q. SULLIVAN, City Attorney ATTEST:
by: ?°....-a:::../,€~
f" Tatia Y. Strader, Assistant City Attorney Rem o~ City Clerk 3 TORRANCE CITY COUNCIL ORDINANCE NO. 3937
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF TORRANCE
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I, Rebecca Poirier, City Clerk of the City of Torrance, California, do hereby certify that the foregoing Ordinance was duly introduced and approved by the City Council of the City of Torrance at a regular meeting held on the 10th day of September 2024 and adopted and passed by said Council at a regular meeting held on the 24th day of September 2024 by the following roll call vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
RECUSED : COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
Gerson, Kaji,
Mayor Chen .
None.
None.
None.
None.
4 Kalani, Lewis, Mattucci, Sheikh and
-£06 2 (j7 \
Retlecca Poirier, MMC '
City Clerk of the City of Torrance