HomeMy Public PortalAbout17-136 - Allow Exception to Application of Interim Ordinance No. 16-1758U, Allow Processing of Plans and Permits for a New Occupational Therapy Service UseRESOLUTION NO. 17-136
ALLOWING AN EXCEPTION TO THE APPLICATION OF
INTERIM URGENCY ORDINANCE NO. 16-1758U TO
ALLOW PROCESSING OF PLANS AND ALL RELATED
PERMITS FOR A NEW OCCUPATIONAL THERAPY
SERVICE USE LOCATED AT 454 E CARSON PLAZA DRIVE
WHEREAS, On December 15, 2015, Interim Urgency Ordinance No. 15-1575U was
enacted pursuant to the authority conferred upon the City Council of the City of Carson by
Government Code Section 65858 by a 5-0 vote; and
WHEREAS, Interim Urgency Ordinance No. 15-1575U enacted a 45 -day moratorium on
new development and expansion or modification of existing buildings or sites in six planning
areas; and
WHEREAS, On January 5, 2016, the City issued a "10 -day report" describing the
measures taken to alleviate the conditions that led to the adoption of Interim Urgency Ordinance
No. 15-1575U, which date was at least ten (10) days prior to the adoption of this extension , as
required by State law; and
WHEREAS, On January 19, 2016, the City Council adopted Interim Urgency Ordinance
No. 16-1578U extending a moratorium on new development and expansion or modification of
existing buildings or sites in six Planning Areas for 10 months and 15 days. On February 2,
2016, the City Council ratified the ordinance; and
WHEREAS, A moratorium was necessary in order to protect the City and its residents,
businesses and visitors from the potential impacts of new development and expansion or
modification of existing buildings or sites in the six planning study areas, including air quality,
noise, traffic, parking, public safety and other impacts, and to preserve the quality of life and
protect the health, safety and welfare of the community given potential development boosts in
the area given the immanency in approval and development of a "Signature Project" on the
Property. The City must make certain that new development and expansion or modification of
existing buildings or sites in the six planning study areas are issued only under adequate
regulations and to study cumulative impacts of developments in the area as well. Imposition of a
moratorium will allow the City sufficient time to conclude the preparation of a comprehensive
studies and plans for the regulation of such activities. The absence of this Ordinance would
create a serious threat to the orderly and effective implementation of any amendments to the
Carson Municipal Code, which may be adopted by the City Council as a result of studying this
issue, in that new development and expansion or modification of existing buildings or sites in the
six planning study areas under the Existing Regulations may be in conflict with or frustrate the
purposes of the City's General Plan; and
WHEREAS, During the effective period of the moratorium, no application for permit will
be accepted, no consideration of any application for permit will be made, and no permit will be
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issued by the City for the establishment, expansion, or modification of new development in six
planning study areas within the City until this ordinance has expired or has been repealed
according to applicable law; and
WHEREAS, The City Council may allow exceptions to the application of the
moratorium, if, based on substantial evidence presented in writing to the City Council at a
Council meeting held no less than 30 nor more than 90 City- calendar days after the Planning
Manager's receipt of that evidence, it determines any of the following:
A. The City's receipt and consideration of an application for a permit to establish,
expand, or modify development in six planning study areas within the City's
jurisdiction is necessary for the preservation of the public health, safety and welfare;
or
B. The City's receipt and consideration of an application for a permit to expand, or
modify development in six planning study areas within the City's jurisdiction will
result in a project which will improve energy or water efficiency; or
C. The request is for an exception from the application of this Ordinance for the leasing
and tenant improvements of tenant space within an existing building or structure and
the use proposed under the lease is consistent with and will not pose an impediment
to the establishment of a "signature project" as that concept is described in the Land
Use and Economic Development Elements of the City's General Plan; or
D. The request is for an exception from the application of this Ordinance for permits for
development of new projects or expansion and modification of existing buildings and
sites and the use proposed is consistent with and will not pose an impediment to the
establishment of a "signature project" as that concept is described in the Land Use
and Economic Development Elements of the City's General Plan; and
WHEREAS, on July 24, 2017, Ms. Evadna Nesbit, business owner for the
proposed use, filed a request to make an exception to this ordinance to allow renovation
of the existing building to accommodate a new massage business, located at 454 E
Carson Plaza Drive; and
WHEREAS, Staff has reviewed application and views this proposal to be consistent with
"signature project" as defined in concept in the Land Use and Economic Development Elements
of the City's General Plan because it is consistent with the existing and future vision for the area.
The area is expected to remain commercial for the duration of the lease term which expires on
July 31, 2019. The renovations proposed by the applicant will be further reviewed by staff when
it is formally submitted for review to ensure the highest quality of design is proposed by the
applicant.
WHEREAS, If the City Council determines to allow an exception, then such applications
and/or permits may be filed and processed in accordance with the City's then current regulations
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and authority, subject to the California Environmental Quality Act ("CEQA"), CEQA
Guidelines, and any other applicable laws, ordinances and regulations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON HEREBY
MAKES THE FOLLOWING FINDINGS:
1. Section 6 of Interim Urgency Ordinance No. 16-1578U states that the City
Council may allow exceptions to the application of this Ordinance, if the City Council
determines any of the provisions included in Section 6, A through D apply to the request. Staff
has determined that provisions of Section 6.C. apply to this request; and
2. The request is for an exception from the application of Interim Urgency
Ordinance No. 16-1578U to allow processing of plans and all related permits for a new massage
service use and the project is consistent with and will not pose an impediment to the
establishment of a "signature project" as that concept is described in the Land Use and Economic
Development Elements of the City's General Plan. The "signature project" will be a regional
retail destination and the proposed improvements do not compete with the "signature project";
and
3. The proposed new tenant will keep the building economically productive for the
short term. Staff has determined the said improvements are generally consistent with the existing
zoning and character of the area and would not pose an impediment to the establishment of a
"signature project" as required by Section 6.0 Interim Urgency Ordinance No. 16-1578U.
4. The approval of this exception request is valid until July 31, 2019 which is end of
the lease period. Prior to the end of the lease period, the applicant is required to obtain further
approvals from the City to continue the said operations. The City will consider the applicant's
request at that time and will make a determination on the applicant's request based on the
General Plan and zoning in effect at that time.
PASSED, APPROVED AND ADOPTED THIS 3' DAY OF OCTOBER, 2017.
APP4RF
'ty
yor Albert Robles
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ATTEST:
City Clerk Donesia L. Gause, nMMC
V-
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Donesia L. Gause, City Clerk of the City of Carson, California, hereby attest to and
certify that the foregoing resolution, being Resolution No. 17-136, adopted by the Carson
City Council at its meeting held on the 3rd day of October, 2017, by the following vote:
AYES: COUNCIL MEMBERS: Davis -Holmes, Santarina, Hicks, Hilton
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Robles
City Clerk Donesia L. Gause, MMC
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