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HomeMy Public PortalAbout8.B. Second Reading and Adoption of Ordinance N. 13-980 Create a Discretionary Site Plan Review ProcessDATE: TO: FROM: SUBJECT: AGENDA ITEM 8.8. COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM November 19, 2013 The Honorable City Council Jose E. Pulido, City ManageFJI Via: Mark Persico, AICP, C ~munity Develop~t Director By: Geoffrey Starns, AICP, Planning Manager 't' SECOND READING AND ADOPTION OF ORDINANCE NO. 13-980, AN AMENDMENT TO ARTICLE E ("SITE PLAN REVIEW AND CONGESTION MANAGEMENT") OF CHAPTER 1 ("ZONING CODE") OF TITLE 9 ("ZONING REGULATIONS") OF THE TEMPLE CITY MUNICIPAL CODE TO CREATE A DISCRETIONARY SITE PLAN REVIEW PROCESS RECOMMENDATION: The City Council is requested to waive further reading and adopt Ordinance No. 13-980 (Ordinance), amending Article E ("Site Plan Review and Congestion Management") of Chapter 1 ("Zoning Code") of Title 9 ("Zoning Regulations") of the Temple City Municipal Code to create a discretionary Site Plan Review process as amended by Council. BACKGROUND: 1. On May 26, 1960, the City of Temple City was incorporated as an official Los Angeles County municipality. Since the City's incorporation the City's Site Plan Review process has not changed. 2. On May 7, 2013, the City Council adopted the City's 2008-14 Housing Element, which provided that the City would eliminate the Conditional Use Permit requirement for multi-family residential developments in the City. 3. On September 3, 2013, the City Council adopted Ordinance No. 13-972 which implemented the City's 2008-14 Housing Element. The adopted Ordinance eliminated the Conditional Use Permit requirement for multi-family residential developments. 4. On August 27, 2013, the Planning Commission recommended t hat the City Council approve the proposed code amendment regard ing site plan reviews. City Council November 19, 2013 Page 2 of 3 5. On October 1, 2013, the City Council held a public hearing on the proposed code amendment, continued the item to the November 5, 2013, City Council meeting and directed staff to provide alternatives in the Ordinance related to single-family properties. 6. On November 5, 2013, the City Council held a public hearing on the proposed code amendment, and introduced the Ordinance with amendments related to single-family residences. ANALYSIS: During the discussion of the proposed Ordinance at the November 5th, City Council meeting, the City Council discussed the three options presented. The consensus of the City Council was that Option 1 (the Ordinance as originally proposed) was too restrictive for homeowners. Further discussion by the City Council related as to whether or not any single-family residence should require a public hearing. The City Council also discussed the impacts of two story residences versus one story residences and the need for neighboring property owners to be aware of new construction. Following the discussion, the City Council approved the Ordinance with modified Option 3 language. Option 3 would require a minor site plan review for all single-family residences and to post a notice on the site 10 days prior to approval. The first modification is that notices would be mailed to property owners within 100 feet rather than a notice being posted on site. The second modification was that single story residences (both new and additions) would be reviewed under a zoning clearance instead of a minor site plan review. The final modification was to remove any reference to historic preservation. Based on the direction of the City Council, staff has made the following changes to the proposed Ordinance: 1. Any reference to historic preservation was removed (Sections 9181 and 9187); 2. Two story single-family residences (including additions) were moved to minor site plan reviews (Section 9181 (B)); 3. One story single-family residences (including additions) were moved to zoning clearances (Section 9187); 4. All residential accessory structures were moved from minor site plan reviews to zoning clearances (Section 9187) for consistency with the direction on new residences; 5. A new subsection E regarding noticing for single-family residences was added to Section 9182. This provides the 100 foot noticing 10 days in advance of approval by the director as directed by the City Council; and City Council November 19, 2013 Page 3 of 3 6. A new subsection B regarding applications for zoning clearances was added to Section 9187. This Ordinance will address those projects that could be most impactful to surrounding properties and have a greater likelihood of causing the privacy and design concerns. It will also allow for greater transparency in the development process. The main purpose of amending the Ordinance is because the current process does not allow for any public input, notification, or environmental review, regardless of the size of a project. CONCLUSION: The revisions to the proposed Ordinance as discussed in the "Analysis" section, implement the direction given by the City Council at their November 5, 2013 meeting. The City Council is requested to have the second reading and adoption of the proposed Ordinance as amended. FISCAL IMPACT: Adoption of proposed Ordinance No. 13-980 will not cause fiscal impact upon the City's budget. When the proposed Ordinance becomes effective Friday, December 20, 2013, any increase in staff costs due to processing additional Site Plan Review applications will be offset by the filing fees paid by applicants. ATTACHMENT: A. Ordinance No. 13-980 CITY OF TEMPLE CITY ORDINANCE NO. 13-980 ATTACHMENT A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING ARTICLE E (SITE PLAN REVIEW AND CONGESTION MANAGEMENT) OF CHAPTER 1 (ZONING CODE) OF TITLE 9 (ZONING REGULATIONS) OF THE TEMPLE CITY MUNICIPAL CODE TO CREATE A DISCRETIONARY SITE PLAN REVIEW PROCESS. WHEREAS, The City of Temple City Municipal Code regulates new development through the Site Plan Review P.rocess; and ' WHEREAS, the Site Plan Review process dates back to incorporation; and WHEREAS, The City's 2008-14 Housing Element removes the Conditional Use Permit requirement for multi-family housing; and WHEREAS, The Site Plan Review process does not address potential impacts from new development on neighboring properties or the environment; and . WHEREAS, The Site Plan Review process does not provide for public participation; and WHEREAS, the City of Temple City has a substantial interest in promoting the public health safety and welfare of the community; and WHEREAS, the City of Temple City recognizes the need to implement reasonable review of new development in order to protect the public safety; and WHEREAS, the Planning Commission of the City of Temple City held a public hearing on August 27, 2013 to consider this code amendment; and WHEREAS, the Planning Commission of the City of Temple City recommended the City Council approve the Code Amendment establishing a discretionary Site Plan Review process; and WHEREAS, it is the intent of the City Council, in enacting this ordinance, to regulate new development to ensure they are designed in a manner that is compatible with neighboring properties and does not create significant environmental impacts. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1: Sections 9180 to 9187 of Article E ("Site Plan Review and Congestion Management Program") of Chapter 1 ("Zoning Code") of Title 9 ("Zoning Regulations") of the Temple City Municipal Code is amended to read as follows: PART 1. SITE PLAN REVIEW 1 9180: PURPOSE A. A Site Plan Review is a discretionary land use permit that is required for all proposed land uses that involve construction. The purpose of the site plan review process is to: 1. Ensure that construction occurs in a manner consistent with the overall goals and objectives of the General Plan and the Zoning Code; 2. Ensure that all construction is consistent with the development standards contained in the Zoning Code; 3. Ensure that the proposed architectural design and ·treatment of construction is consistent with the design guidelines contained in the Zoning Code; 4. Ensure that the proposed architectural design and treatment of construction is designed to minimize adverse aesthetic and environmental impacts on the site and its surroundings, and are compatible with its surroundings; 5. To ensure that the site design and layout is consistent with all parking standards as well as requirements for vehicular and pedestrian safety, ingress, and egress; 6. Allow all City departments the opportunity to review new development proposals and place reasonable conditions to ensure that the public health, safety and welfare are maintained. B. Construction Defined. For the purpose of this Part, the term "construction" shall mean any and all of the following: 1. Construction, expansion or renovation of any new or existing residential, commercial, industrial or institutional uses or structures. 2. Construction, expansion or renovation of any new or existing additions, buildings, other accessory structures, landscaping, grading, open space, signs or similar constructions. 3. Site design and layout. 9181: APPLICABILITY All construction requires approval of a site plan or zoning clearance prior to the issuance of a building permit, or prior to commencement of construction if a building permit is not required. There are two types of site plan review: Minor, and Major. 2 A. Major Site Plan Review. The following construction types are subject to a Major Site Plan Review: 1. All commercial, industrial, mixed-use, multi-family residential, and institutional construction where new square footage is proposed; 2. All commercial, industrial, mixed-use, multi-family residential, and institutional construction where more than 50% of the existing square footage is being renovated; 3. All subdivisions, if any construction is proposed; 4. Any affordable housing project involving a concession under the State's Density Bonus Law. The City Council is the Approval Body for this project type based on a recommendation of the Planning Commission. 5. Any other construction not identified as requiring a Minor Site Plan Review or Zoning Clearance, as determined by the Director. B. Minor Site Plan Review. The following construction is subject to a Minor Site Plan Review: 1. New two story single family residences or additions above the first story to a single-family residence; 2. Facade improvements on commercial, industrial, mixed use, and institutional uses, provided there is no square footage being added; 3. Accessory structures lor multi-family, commercial, industrial, mixed use, and institutional uses, including trash enclosures and other non-habitable structures that are 120 square feet or larger; provided there is no habitable square footage being added; 4. The addition of outdoor seating areas to existing restaurants provided there is no interior square footage being added. 9182: APPLICATION PROCEDURE A. Application and Fees. An application for a Site Plan Review shall be filed with the Planning Division on the prescribed application form and shall be accompanied by the following: 1. A completed environmental information form describing existing environmental conditions, the proposed project and identifying potential environmental impacts of the project (not required for Counter Site Plan Reviews); 2. Maps, drawings, site plans, building elevations, proposed colors and building materials, summary tabulations and other documents and information 3 required on the standard City application form to describe the project adequately; and 3. Required fee(s). B. Scope of Review. Where a Site Plan Review is required for construction under the provisions of this article, the following aspects of the project are to be reviewed by the approval body: 1. The location of the construction in relation to location of buildings on adjoining sites, with particular attention to privacy, views, any physical constraint identified on the site and the characteristics of the area in which the site is located; 2. The degree to which the construction will complement and/or improve upon the quality of existing development in the vicinity of the proposed construction and the extent to which adverse impacts to surrounding properties can be minimized; 3. The effect of the proposed construction on surrounding uses, including ensuring minimum disruption to such uses; 4. Whether the development standards set forth in the Zoning Code applicable to the construction have been satisfied; 5. Whether the design guidelines applicable to the construction set forth in the Zoning Code have been substantially met. C. Development Review Committee {DRC) Review. All Minor and Major Site Plan Reviews require review by the Development Review Committee. 1. Membership. The DRC shall consist of the Director, or designee, and representatives of all City departments and contract agencies (e.g. public works, fire, police) involved in approval of new development. 2. Duties and Authority. The duties and responsibilities of the DRC shall be to review the proposed construction, provide applicants with appropriate design comments, provide project conditions, and make recommendations to the Director, or the Commission, as provided by this zoning code. D. Public Hearing Required. All Major Site Plan Reviews shall require a public hearing in accordance with Section 9183. Minor Site Plan Reviews do not require a public hearing. However, the Director may, due to the nature of a proposed project, require that a public hearing be held for a Minor Site Plan Review. E. Noticing for Single-Family Residences. New two story single family residences or additions above the first story to a single-family residence requires that the owners of properties within 100 feet of a proposed project be notified ten (1 0) days prior to the Community Development Director approving the project. 4 F. Approval Body. The Director, or designee, shall be responsible for the approval of Site Plan Reviews, except, under the following conditions: 1. When a site plan review is sought in conjunction with another application that requires Planning Commission review, the Planning Commission shall become the approval body. 2. When a site plan review also involves concessions under the State's Density Bonus Law. The City Council is the approval body upon recommendation of the Planning Commission. G. Findings of Fact. All Minor and Major Site Plan Reviews require the approval body make findings of fact in order to approve a Site Plan Review application. The approval body shall issue the decision and the findings upon which the decision is based in writing. The approval body may approve a site plan review application with or without conditions, if all of the following findings are made: 1. The construction complies with all applicable provisions of this Zoning Code; 2. The construction is consistent with the General Plan, any applicable specific plan, and any special design theme adopted by the City for the site and vicinity; 3. The approval of the site plan review is in compliance with the California Environmental Quality Act (CEQA); 4. The proposed structures, signs, site development, grading and/or landscaping are compatible in design, appearance and scale, with existing uses, development, signs, structures and landscaping for the surrounding area; s. The site is adequate in size and shape to accommodate the proposed structures, yards, walls, fences, parking, landscaping, and other development features. 9183: PUBLIC HEARINGS A. Required Hearings. Public Hearings before the Director shall be held for all Major Site Plan Reviews and for Minor Site Plan Reviews as determined by the Director in accordance with Section 9182(0). B. Required Hearings for Projects Involving Density Bonus Concessions. A public hearing shall be held before the Planning Commission for all Site Plan Reviews that also involves concessions under the State's Density Bonus Law. The Planning Commission shall make a recommendation to the City Council. The City Council will hold a public hearing and make a final determination on the project. C. Notices. The public shall be provided notice of director hearings in the same manner as is contained in Section 9207. 5 D. Decisions. The decision of the Director is final unless appealed. The appeal period shall end at twelve o'clock (12:00) noon of the fifteenth day following the date of decision by the Director. Appeals must be filed in writing in accordance with Section 9184. Upon filing of an appeal in the manner herein set forth, the decision of the Director shall be suspended. Decisions of the City Council are final. E. Director Hearing Schedule. Public Hearings before the Director shall be scheduled for the second Tuesday of the month at 5:00 pm. Additional meetings may be scheduled by the Director as needed. 9184: APPEALS A. Decisions of the Director on Site Plan Review applications may be appealed to the Planning Commission. Decisions by the Commission may be appealed to the City Council. B. Appeals may be initiated by an applicant, any resident of the City, or any person owning real property in the City aggrieved by a decision of the Director. A notice of appeal shall be in writing and shall be filed in the office of the City Clerk upon forms provided by the city. An appeal from decision, determination, or interpretation of the Director in the administration of the provisions of this article must set forth specifically the error or abuse of discretion claimed by the appellant or how an application did meet or fail to meet, as the case may be, the standards of this article. C. Appeal Hearing and Notice. Once filed, the appeal shall be held before the Planning Commission at their next meeting where the noticing requirements can be met. Appeal hearings shall be noticed in accordance with Section 9207. D. Commission Decision. On an appeal from a decision of the director, the Planning Commission shall consider the matter at a public hearing and may affirm, reverse or modify the decision of the Director. If the applicant or any other party as defined in 9184(8) is dissatisfied with the decision of the Commission, they may within a fifteen (15) day time period, appeal the same to the council, in the same manner as an appeal is taken from the decision of the Director. An appeal to the Council shall be filed with the city clerk. 9185: EXPIRATION OF SITE PLAN REVIEWS: Approval of a Site Plan by the approval body shall lapse and become null and void two (2) years following the effective date of the Site Plan review approval, unless, prior to the expiration date, (i) a building permit is issued and construction is being diligently pursued towards completion; or (ii) a certificate of occupancy is issued for the construction which was the subject of the application. A one (1) year extension may be granted by the Director upon written request by the applicant received at least thirty (30) days prior to Site Plan approval expiration date, providing that there is no changes to the project. An 6 application lor extension involving any substantial change from the original plan or the conditions of approval, as determined by the Director, shall be subject to all of the provisions of this article and shall require a new application. As a condition of granting an extension of time, the approval body may review or impose additional conditions to ensure that the development plan will be in compliance with City standards in effect at such time such extension is granted. 9186: SITE PLAN REVIEW, EFFECT UPON BUILDING PERMITS Where the provisions of this article require that a site plan review be submitted lor approval, no building permit shall be issued or, if one is issued in error, the same shall be suspended until a site plan has been approved in the manner set forth in this article. 9187: ZONING CLEARANCE A. Purpose. A Zoning Clearance is the procedure used by the City to verify that a proposed structure or land use complies with (i) the permitted list of activities allowed in the applicable zoning district, and (ii) the development standards applicable to the type of use. Where the Code requires zoning clearance as a prerequisite to establishing a land use, the Director shall evaluate the proposed use to determine whether the clearance may be granted in compliance with this section. B. Application and Fees. An application for a Zoning Clearance shall be filed with the Planning Division on the prescribed application form and shall be accompanied by the following: 1. Maps, drawings, site plans, building elevations, proposed colors and building materials, summary tabulations and other documents and information required on the standard City application form to describe the project adequately; and 2. Required fee(s). C. Applicability. Zoning Clearances are not considered discretionary for purposes of the California Environmental Act (CEQA). A zoning clearance shall be required at the time of department review of any building, grading or other construction permit, or other authorization required by this development code for the proposed use. The following construction is subject to a Zoning Clearance: 1. All single story new single-family residences; 2. Single story additions to single-family residences; 3. Single story accessory structures; 4. All fences and walls; 7 5. All pools, spas, and their related equipment; 6. All residential patio covers; 7. Any proposed demolition, where new construction is not proposed. 8. All commercial, industrial, mixed-use, and institutional tenant improvements, provided no exterior changes are proposed; 9. Any other construction that requires a building permit but does not require a Major or Minor Site Plan Review. D. Criteria for Clearance. The director shall issue the zoning clearance after determining that the request complies with all zoning code provisions applicable to the proposed project. E. A zoning clearance is not required for projects that have been approved under another permit process identified in this chapter. SECTION 2: This Ordinance shall be effective on the 31 ''day after adoption. SECTION 3: The City Clerk, or her duly appointed deputy, shall attest to the adoption of this Ordinance, and shall cause this Ordinance to be posted in the manner required by law. PASSED, APPROVED, AND ADOPTED this 19th day of November, 2013. MAYOR ATIEST: APPROVED AS TO FORM: City Clerk City Attorney 8 I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No. 13-980 was introduced at the regular meeting of the City Council of the City of Temple City held on the 5th day of November 2013, its second reading on 19th day of November, 2013, and was duly passed, approved and adopted by said Council at the regular meeting held on 19th day of November, 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk Councilmember- Councilmember- Councilmember- Councilmember- 9