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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 RESOLUTION NO. 17-136 Page I of 4 0101810111143195.02 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 RESOLUTION NO. 17-136 Pale 2 of 4 01018/0111x43195.02 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 RESOLUTION NO. 17-136 Page 3 of 4 01018/0111:43195.02 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 RESOLUTION NO. 17-136 Pa.ae 4 of 4 01018/0111/43195.02