The URL can be used to link to this page

Home My WebLink About02. CA Hospital Medical Arts AGENDA MEMO DATE: January 26, 2010 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: OFFICE OF THE CITY MANAGER By: Brian T. Saeki, Director of Community Development SUBJECT: CODE AMENDMENT NO. 06-120, REV ‘B’, A REQUEST TO AMEND THE SIDE YARD SETBACKS FOR NEW STRUCTURES IN THE H-M (HOSPITAL MEDICAL ARTS) ZONE RECOMMENDATION Staff is recommending that the City Council introduce the following titled ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A NEGATIVE DECLARATION AND APPROVING CODE AMENDMENT NO. 06-120, REV ‘B’, THEREBY AMENDING THE SIDE YARD SETBACKS FOR NEW STRUCTURES IN THE H-M (HOSPITAL MEDICAL ARTS) ZONE. BACKGROUND On December 2, 2009, the Planning Commission directed staff to initiate a Code Amendment to analyze a potential change to the minimum side yard setback for new structures in the H-M zone. The Planning Commission is concerned that the required 15’ side yard setback is too restrictive and could potentially limit new construction in the H-M zone. On January 6, 2010, after conducting a duly noticed public hearing, the Planning Commission adopted Resolution No. 10-2623 (attached), thereby recommending that the City Council adopt the Negative Declaration and approve the Code Amendment. 1th On January 15, 2010, notice of the proposed project was published as a / page ad in 8 theLong Beach Press-Telegram. DISCUSSION The current interior side yard setback for the H-M zone is 15’, when adjacent to a non- residential zone (when adjacent to residential zone the setback is 46’). As previously noted, the Planning Commission was concerned that this setback may be too limiting. As such, the Planning Commission directed staff to look at reducing the setback to 5’. It should be noted, this proposed amendment does not alter the required 46’ setback from residential zones. In accordance with the requirements set forth in the Municipal Code, th the Planning Commission conducted a public hearing on January 6 to consider this request (minute excerpts attached). CITY OF DOWNEY, CALIFORNIA Code Amendment No. 06-120, Rev. B Page 2 Staff’s complete analysis of the proposal and required findings are contained in the attached Planning Commission Staff Report, dated January 6, 2010. As noted in the th January 6 Staff Report, staff was concerned about creating a potential canyon effect when a 5’ setback is combined with the allowance for a five story (75’ tall) building. In order to address this concern, staff recommended a tiered setback for structures in the H-M zone. As proposed, the required side yard setback will be five (5’) feet for the first and second floors of a building; ten (10’) feet for the third and fourth floors; and a fifteen (15’) feet setback for the fifth floor. There was no correspondence received prior to or during either public hearing. Furthermore, no members of the public spoke on the matter during the hearing: After deliberations on the matter, the Planning Commission voted 4-0 to adopt Planning Commission Resolution No. 10-2623, thereby recommending that the City Council approve the Code Amendment. ATTACHMENTS Draft City Council Ordinance Planning Commission Resolution No. 10-2623 Planning Commission Minute Excerpts, dated January 6, 2010 Planning Commission Staff Report, dated January 6, 2010 Initial Study for Negative Declaration of Environmental Impact Code Amendment No 06-120 Rev ‘B’ January 26, 2010- Page 2 ORDINANCE NO. ______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A NEGATIVE DECLARATION AND APPROVING CODE AMENDMENT NO. 06-120, REV ‘B’, THEREBY AMENDING THE SIDE YARD SETBACKS FOR NEW STRUCTURES IN THE H-M (HOSPITAL MEDICAL ARTS) ZONE. THE CITY COUNCIL OF THE CITY OF DOWNEY DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Downey does hereby find, determine and declare that: A. On December 2, 2009, the Planning Commission directed staff to initiate a code amendment to analyze the interior side yard setback for the H-M (Hospital Medical Arts) zone and bring forth a recommendation on a potential amendment to said setback; and, B. On December 16, 2009, pursuant to the requirements of CEQA, a Notice of Intent to adopt a Negative Declaration was filed with the Los Angeles County Recorders office; and, C. On January 6, 2010, the Planning Commission conducted a duly noticed public hearing on Code Amendment No. 06-120, Rev ’B’ and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted Planning Commission Resolution No. 10-2623, recommending that the City Council adopt a Negative Declaration and approve the proposed Code Amendment; and, D. On January 15, 2010, notice of the Code Amendment No. 06-120, Rev ‘B” was advertised as an eighth page ad in the Long Beach Press Telegram; and, E. The City Council held a duly noticed public hearing on January 26, 2010, at which time the City Council considered all oral and written testimony. SECTION 2. The City Council further finds, determines and declares that declares that after preparing an Initial Study in compliance with the requirements of the California Environmental Quality Act, which found that there would be no significant environmental impacts created by the proposed Code Amendment, a Negative Declaration was prepared. Based on its own independent judgment that the facts stated in the initial study are true, the City Council hereby finds that the approval of the Code Amendment will not have any potential negative environmental impacts. SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings, the City Council further finds, determines and declares that: 1. That the requested amendment is necessary and desirable for the development of the community and is in the interests or furtherance of the public health, safety, and general welfare. The proposed Code amendment will encourage development of new structures within the H-M zone. By requiring a tiered setback, construction of taller buildings can be permitted while preventing the canyon effect, thus preventing impacts to the public health, safety, and general welfare. Accordingly, revising the setbacks will allow a harmonious development of the community, while protecting the public health, safety, and general welfare. 2. That the proposed amendment is in general conformance with the General Plan. General Plan Policy 1.3.2 states, “Monitor and address changes in land use trends,” which is implemented with General Plan Program 1.3.2.2, which states, “Adjust the codes, policies, and regulations in response to changes in land use trends.” A survey of 30 other cities was conducted, of which results indicate that most of the cities only require a zero or a five foot setback, whereas the City of Downey requires a 15’ setback This amendment is consistent with the aforementioned General Plan policy and program since it will adjust the development standards in the H-M zone to be consistent with land use trends in surrounding comminutes of the region. SECTION 4. The City Council of the City of Downey herby amends Table 9.3.6 of bolded and underlined Article IX, Chapter 3, Section 9314.06(a), to read as follows (new text and deleted text strikethrough): Table 9.3.6 Commercial Zone Property Development Standards Zone Development Standard C-PC-1C-2C-3C-MH-M Lot area - minimum (square feet) 6,000 6,000 10,000 10,000 87,120 6,000 Lot width - minimum (feet) 60 60 100 100 290 60 Lot depth - minimum (feet) 100 100 100 100 300 100 Floor area ratio - maximum 2.00.251.43.0NA2.0 lots 87,120 square feet or greater NANANANA0.60NA lots under 87,120 square feet NANANANA0.50NA a Lot coverage - maximum (percent) 50 50 50 50 NA 50 Building height - maximum (feet or stories, 75 feet or 20 feet or 45 feet or 105 feet 150 feet 75 feet or b whichever is less)5 stories 1 story 3 stories or 7 or 10 5 stories stories stories Yard setbacks - minimum (feet) c front102015NR2010 rear abutting a residential zone464646464646 abutting nonresidential zone 151515151515 side interior abutting a residential zone 464646464646 abutting a nonresidential zone 55NRNRNR15see c, d e street (abutting major roads)102015NR20note c street (abutting all other streets)55551510 10 Building separation - minimum (feet) 20 20 20 20 20 20 Air conditioning, mechanical roof and utility Subject to Section 9504 equipment Environmental protection standards Subject to Section 9516 Graffiti control Subject to Section 4960 of Chapter 10 of Article IV of this Code Landscaping, lighting, and walls Subject to Section 9520 Nonconforming uses, lots, and structures Subject to Section 9410 Off-street parking and loading Subject to Chapter 7 Signs Subject to Chapter 6 Site plan review Subject to Section 9820 Trash enclosure Subject to Section 9528 Visibility Subject to Section 9520 and 9534 Wireless communication facilities Subject to Section 9426 Code Amendment No 06-120 Rev ‘B’ January 26, 2010- Page 4 Notes: a A mezzanine may be permitted in the C-1 Zone provided it does not exceed thirty (30) percent of the square footage of the ground floor area. b When abutting the R-1 and R-2 Residential Zones, variable height limitations shall apply in accordance with Section 9534.24. c Parking not permitted in the front or street side setbacks. d Major streets are defined as major, primary, and/or second arterials, as identified in the General Plan. e Side setbacks shall be five (5’) feet for the first and second floors; ten (10’) for the third and fourth floors; and fifteen (15’) for the fifth floor. NA = Not Applicable NR = No Requirement SECTION 5. Based upon the findings set forth in this ordinance the City Council adopts the Negative Declaration of Environmental Impact and approves Code Amendment No. 06-120, Rev ‘B’. SECTION 6 . The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. th APPROVED AND ADOPTED this 9 day of February, 2010. ANNE M. BAYER, Mayor ATTEST: KATHLEEN L. MIDSTOKKE, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss: CITY OF DOWNEY ) I HEREBY CERTIFY that the foregoing Ordinance No. ___________, was introduced at th a Regular meeting of the City Council of the City of Downey held on the 26 day of January, 2010, and adopted at a Regular Meeting of the City Council of the City of Downey held on this th 9 day of February, 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. ________, was published in the Press-Telegram, a newspaper of general circulation in the City of Downey, on ___________ (after introduction), and on ________________ (after adoption, including the vote thereon). It was also posted in the regular posting places in the City of Downey on the same dates. __________________________________ KATHLEEN L. MIDSTOKKE, City Clerk