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Home My WebLink About20. Adopt an Ord Amending Various Sectoin of Article IX of the DMC Minor Commercial Rec UsesIl 111 IVU. APPROVED BY CITY MANAGER TO. MAYOR ASHTON AND MEMBERS OF THE CITY COUNCIE FROM: OFFICE OF THE CITY MANAGER Y: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOP! DATE: JUNE 26, 2018 0 That the City Council adopta • • • • 11611A i At its June 12, 2018 meeting, the City Council held a duly noticed Public Hearing, and after fully considering all oral and written testimony and facts and opinions offered, introduced the attached Ordinance. Attachments: "A" — Ordinance 1111141111611MW [0 1 I&IF40 1 OR I •, • • WHEREAS, Commercial Recreation uses are prohibited in the Neighborhood Commercial (C-1) zone; and, WHEREAS, on May 16, 2018, the Planning Commission held a duly noticed public hearing, and after fully considering all oral and written testimony, and facts and opinions offered at the aforesaid public hearing, adopted Planning Commission Resolution No. 18-3055 recommending approval of the proposed Zone Text Amendment to the City Council by a 4=0-1 vote, with one Commissioner absent; and, WHEREAS, on May 31, 2018, notice of the pending public hearing was published in the Downey Patriot as a'/8th page ad in accordance with the requirements of the Downey Municipal Code; and, WHEREAS, on June 12, 2018, the City Council held a duly noticed public hearing to fully consider all oral and written testimony and facts and opinions regarding the amendment to the Municipal Code; and, WHEREAS, having considered all of the oral and written evidence presented to it at said public hearing, the City Council of the City of Downey finds, determines and declares that the requested Zone Text Amendment is not subject to CEQA, pursuant to Guideline Section 15305 of the State CEQA Guidelines regarding Minor Alterations in Land Use Limitations, because the proposed Zone TextAmendmentwill not result in any changes in land use or density, WHEREAS, having further considered all of the oral and written evidence presented to if at said public hearing, the City Council of the City of Downey further finds, determines and declares that: A. 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 development of the community is achieved through the continuous update of the municipal code in an effort to provide adequate land use regulations where needed. Specific to this application, certain commercial recreational uses are being introduced (through "Minor Commercial Recreation") to the C-1 zone because they have now become complimentary and compatible with adjacent Single-family (R-1), Multi- family (R-2, R-3), and Mixed -Use (M -U) zones. In addition, the development of the community is further enhanced by this classification due to the potential for promoting a balance in land uses, discouraging the over -concentration of specific uses by introducing new uses, serves the need of the public, and promotes walkability. The analysis for this classification, proposed regulations, and future entitlement process "ensure that any potential effects in public health, safety, and general welfare will be mitigated as much as possible. Attachment "A" ORDINANCE NO PAGE 2 B. The proposed amendment is in general conformance with the General Plan. Specifically, the project primarily affects the C-1 zone. The land use designation of "Neighborhood Commercial", as stated in the General Plan, is used to allow "uses [that] are intended to serveadjacent neighborhoods and are intended to be located in 'neighborhood nodes' such as properties adjacent to street intersections." The previous statement is synonymous with the intent of the new "Minor Commercial Recreation" classification. In addition, the following are policies promoted by the proposed Zone Text Amendment: 1) City Value — To provide excellent housing, educational, employment, and recreational opportunities;2)Program 1.1.5.3 — Promote recreation and entertainment uses that serve needs of the public. The Zone Text Amendment promotes the above policies (1 & 2) by introducing more opportunities for recreational businesses to be located near residential neighborhoods,and ultimately makes these uses more easily accessible to residents; 3) Program 1.1.4.6 - Concentrate smaller commercial uses in neighborhood "nodes". Creating a new "Minor Commercial Recreation" use classification now makes it possible for additional residentially compatible businesses to be located in these neighborhood "nodes" (areas in close proximity to street intersections and easily accessible from various neighborhoods); and, 4) Program 1.3.2.2 — Adjust the codes, policies, and regulations in response to changes in land use trends. The Zone Text Amendment recognizes a change in current land uses, and is carried out in an attempt to remain up-to-date with these changes. New and evolving uses are continuously introduced to the city, and it remains a responsibility to analyze and determine the viability of these uses in the City of Downey. Specifically, this application has found that certain "Commercial Recreation uses may not pose a nuisance to residential neighborhoods. Rather, the uses found in the new "Minor Commercial Recreation classification may be compatible and complimentary to land uses adjacent to the C-1 zone. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY`DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The following, Section 9126, shall be revised to Chapter 1 of Article IX of the Downey Municipal Code, and shall read as follows: Section 9126. "C" Definitions. Commercial Recreation: Any use or development, either public or private, providing amusement, pleasure or sport, diversion, exercises, or other resource affording relaxation and enjoyment. Typical uses may include, but are not limited to: theaters, sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors, bingo parlors, golf course, miniature golf courses, ice/roller skating rinks, model courses, shooting galleries, tennis and racquetball courts, amusement centers or arcades, dance studios, health and fitness clubs, boxing gyms, and facilities equipped and used for sports training and conditioning. Excludes adult entertainment facilities, martial arts facilities, and massage therapy establishments. SECTION 2. The following, Section 9126, shall be added to Chapter 1 of Article IX of the Downey Municipal Code, and shall read as follows; Section 9126. "C" Definitions. Commercial Recreation, Minor: Recreational and instructional uses including, but not limited to, art, crafts, martial arts, or yoga. Martial arts shall be specific to any of the traditional forms of self-defense or combat that utilizes physical skill and coordination, such as, but not ORDINANCE NO. PAGE 3 limited to, karate, aikido, judo, tai chi, kung fu, jiu-jitsu, and krav maga. Martial arts excludes boxing gyms and similar facilities that are equipped and used for training and conditioning. SECTION 3. The following, Section 9152, shall be revised to Chapter 1 of Article IX of the Downey Municipal Code, and shall read as follows: Section 9152. "P" Definitions. Personal Improvement Services: Services or facilities including, but not limited to, music or photography lessons, driving schools (excludes truck driving schools), and diet centers. SECTION 4. The following, Section 9314.04, shall be added to Chapter 3 of Article IX of the Downey Municipal Code, and shall read as follows: SECTION 5. The following, Section 9316.04, shall be added to Chapter 3 of Article IX of the Downey Municipal Code, and shall read as follows: SECTION0- r -USE ZONE USE REGULATIONS. SECTION 6. The following, Section 9318.04, shall be added to Chapter 3 of Article IX of the Downey Municipal Code, and shall read as follows: SECTION0, MANUFACTURING ZONESREGULATIONS. SECTION 7. The following, Section 9322.04, shall be added to Chapter 3 of Article IX of the Downey Municipal Code, and shall read as follows: ORDINANCE NO. PAGE 4 SECTION 8. The following, Section 9712, shall be added to Chapter 7 of Article IX of the Downey Municipal Code, and shall read as follows: -e 9.7.3. Nonresidential Parking 04ouirements Minor Commercial Recreation1 1 -per every 250 square feet of I gross floor area SECTION 9. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. SECTION 10. The City Clerk shall certify the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. ORDINANCE NO PAGE 5 APPROVED AND ADOPTED this — day of 201& SEAN ASHTON, Mayor ATTEST:: Maria Alicia Duarte, CMC City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF DOWNEY ) I HEREBY CERTIFY that the foregoing Ordinance No. 18-_ was introduced at a Regular Meeting of the City Council of the City of Downey held on the _th day of , 2018, and adopted at a Regular Meeting of the City Council of the City of Downey held on the _ day of , 2018, by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: FURTHER CERTIFY that a summary of the foregoing Ordinance No. 18- was published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on 2018 (after introduction), and on _, 2018 (after adoption including the vote thereon). It was also posted in the Regular posting places in the City of Downey on the same dates. Maria Alicia Duarte, CMC City Clerk