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HomeMy WebLinkAbout17. Adopt Ord-Zone Text Amend for Biomedical Overlay ZoneIL 111 IVU. APPROVED BY TO THE CITY FROM: OFFICE OF THE CITY MANAGER Y: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JULY 10, 2018 SUBJECT: ZONE TEXT AMENDMENT FOR CREATION OF A BIOMEDICAL OVERLAY ZONE That the City Council adopto. AN ORDINANCE OF i OF OF DOWNEY ADOPTING DECLARATIONNEGATIVE OF •VARIOUS SECTIONS OF ARTICLE IX OF THE MUNICIPAL CODE, AND AMENDING THE ZONING MAP TO ESTABLISH A NEW BIOMEDICAL OVERLAY ZONE I 70PRIN=6 At its June 26, 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. None. Attachments: "A" = Ordinance 0 • • • r ow rRA•• • WHEREAS, the biomedical field is highly sought after across the nation. Many jurisdictions, large and small, have incorporated incentives into their Zoning and/or Economic Development portfolios to attract this industry; and, WHEREAS, the Greater Los Angeles area is an emerging bioscience hub and Downey is already part of that cluster. The County of Los Angeles is actively pursuing development of bioscience clusters around the County, with Downey's Rancho Los Amigos identified as one of a handful of sites critical to the Los Angeles County Biosciences Master Plan; and, WHEREAS, the City of Downey desires to encourage the growth of the biomedical industry; and, WHEREAS, the City Council approved'a professional service agreement with Civic Solutions to study and prepare the necessary code amendments to achieve the Council's goal of growing the biomedical industry within the City. Civic Solutions prepared a Biomedical Assessment Report, which is incorporated hereto by reference; and, WHEREAS, on May 2, 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. 18-3052 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 continued the public hearing, without accepting public testimony; and, WHEREAS, on June 26, 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, the City Council of the City of Downey finds, determines and declares that after preparing an Initial Study in compliance with the requirements of the California Environmental Quality Act, which found that the project will not have a significant environmental impact, an Initial Study/Negative Declaration was circulated for public review from April 12, 2018 to May 2, 2018. Based on its own independent judgment that the facts stated in the initial study are true, and the testimony provided during the public hearing, the City Council of the City of Downey hereby adopts a Negative Declaration of Environmental Impact; and, WHEREAS, having further considered all of the oral and written evidence presented to it at the public hearing, the City Council of the City of Downey further finds, determines and declares that: Attachment "A" ORDINANCE NO. PAGE 2 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 amendments will encourage the growth of the biomedical industry within the City of Downey. The Greater Los Angeles area is an emerging bioscience hub and Downey is already part of that cluster. This Zone Text Amendment will boost job growth and spur economic development in the City. Job growth and economic development are two key factors that are desirable for the development of the community. Furthermore, the additional biomedical uses allowed will not impact the surrounding residential uses, as the overlay zones are focused around the hospitals and industrial areas of the City. 2. The proposed amendment is in general conformance with the General Plan. The proposed Zone Text Amendment will establish a new biomedical overlay zone, which is consistent with the goals and policies of the General Plan. Specifically, General Plan Goal 1.1 states, "Provide sufficient land areas for uses that serve the needs of residents, visitors, and businesses;" and Policy 1.1.3 states, "Provide an appropriate amount of land area for business and employment." This amendment will establish areas of the City that can accommodate the growth of biomedical businesses and increase the job force of the City. Additionally, General Plan Goal 1.3 states, "Address changes in land use and zoning trends." The biomedical field is one of the fastest growing industries in the country. This change will adjust the zoning to accommodate these new land uses. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The following definition shall be added to Section 9124 of Article IX of the Downey Municipal Code to read as follows: Biomedical Use: A land use associated with medical, technological, or biological research, analysis, testing, and manufacturing of medical products, equipment or related items. Such uses generally consist of the following: (1) Medical device or prosthesis prototype fabrication; (2) Production requiring advanced medical and biological technology and skills and directly related to medical research and development activities on the premises; (3) Manufacturing of biochemical research and diagnostic compounds to be used primarily by universities, laboratories, hospitals, and clinics for scientific research and developmental testing purposes; (4) Production of experimental medical, biochemical, or biotechnological products; (5) Development of biomedical -device related production or operating systems to be installed and operated at another location, including manufacturing of products necessary for such development; (6) Manufacturing of biological, biomedical, biotechnological, and pharmaceutical products; (7) Manufacturing of scientific, engineering, and medical instruments; (8) Research and development, and manufacturing of artificial intelligence -based devices, electronic components, software programs, and similar products, for medical applications. SECTION 2. The following definition shall be added to Section 9126 of Article IX of the Downey Municipal Code: Clinical Service: An establishment which provides physical and mental health services on an individual, out-patient basis. The services may be of preventative, diagnostic, treatment, therapeutic, rehabilitative or counseling nature, but do not include group counseling uses. Typical uses would include, but not be limited to, medical and health clinics, chiropractic/physical therapy clinics, individual counseling services and ORDINANCE NO. PAGE 3 emergency/urgent care centers. SECTION 3. The following definitionshall be added to Section 9134 of Article IX of the Downey Municipal Code: Group Counseling: A counseling or therapy service that is provided to groups of five or more persons at a time. Examples of group -counseling uses include, but are not limited to, nutritional and diet centers; medical, clinical, and other health-related counseling; and career, professional, and life coaching. SECTION 4. The following definition shall be amended in Section 9136 of Article IX of the Downey Municipal Code to read as follows: Hospital: A State -licensed general acute care hospital, as defined by Health and Safety Code section 1250(x), that provides a wide range of emergency, clinical, and temporary medical services to the general public to which persons may be admitted for overnight stay or longer for the diagnosis, care, or treatment of illness and injury or the prevention thereof, not including' convalescent homes, sanitariums, and nursing homes. " SECTION 5. The following definition shall be added to Section 9136 of Article IX of the Downey Municipal Code: Hospital, Specialty: Any facility, place, or building that is maintained and operated exclusively to provide 24-hour paid in-patient services for the specialized treatment and recovery of chronic health or mental health conditions or elective procedures or treatments. Services provided may include, but are not limited to, food service nutrition counseling acupressure, massage fitness and physical therapy, and pharmaceutical and medical attention. This type of facility is distinct from an acute care general hospital and from a residential use where these services are occasional or otherwise incidental to a primarily residential occupancy. SECTION 6. The following definition shall be deleted from Section 9144 of Article IX of the Downey Municipal Code: SECTION 7. The following definitions shall be added to Section 9144 of Article IX of the Downey Municipal Code: Laboratory, Dry: Alaboratory where dry materials, electronics, or large instruments are tested and analyzed, with limited piped services. Dry laboratories may require controlled temperature and humidity as well as dust control. Laboratory, Wet: A laboratory where chemicals, drugs or biological matter is tested and analyzed, and which typically requires water, direct ventilation, specialized piped utilities and protective measures. SECTION 8. The following definitions shall be added to Section 9146 of Article IX of the Downey Municipal Code: Medical Services: Services provided by a business or facility consisting of the services described within the definitions of "Clinical Service," "Medical Outpatient Service," and ORDINANCE NO PAGE 4 "Office, Medical," as those terms are defined in this Section, which are ancillary to a primary use consisting of medical or biological research and analysis, or the manufacturing of medical products, equipment or related items. Excludes the use, handling, analysis, testing, processing, growing, distribution, research or any other activity involving Marijuana (Cannabis sp.) or any of its derivatives. Medical Outpatient Service: A business or facility providing medical or health services, more intensive than those typically provided by a Medical Office use, without the need for an overnight stay, such as but not limited to, kidney dialysis, phlebotomists, physical therapy, prosthetics, individual wellness and health maintenance counseling, and urgent care. Medical Outpatient Services does not include Medical Office uses, Wet Laboratories, or Group Counseling services (as those terms are defined in this section). icrobreweries and brewpubs: Refers to small-scale, independently -owned breweries that emphasize traditional brewing methods, flavor and quality and that produce fewer than 15,000 U.S. beer barrels (460,000 U.S. gallons) annually for on- and off -premises consumption. A brewpub is an abbreviated term combining the ideas of a brewery and'a pub or public -house. A brewpub can be a pub or restaurant that brews beer on the premises. SECTION 9. The following definition shall be deleted from Section 9150 of Article IX of the Downey Municipal Code: SECTION 10. The following definition shall be added to Section 9150 of Article IX of the Downey Municipal Code: Office, Medical: A facility where medical services, typically involving evaluations or non -emergency procedures, and their associated managerial, administrative, and clerical functions, are conducted on-site or to patients off-site by the use of telecommunication technologies (for example, telephone or video -conferencing). Medical office includes: chiropodists, chiropractors, dentists, clinical service uses (defined in this section), optometrists, osteopaths, physicians, psychologists, surgeons, and other uses which the decision-making body determines are of a medical nature and similar. Medical office does not include Group Counseling uses or Medical Outpatient Services (as those terms are defined in this section). Excludes the overnight care of ,a patient. SECTION 11. The following definition shall be added to Section 9156 of Article IX of the Downey Municipal Code: Research and Development: The pursuit of knowledge or creation of products in technology -intensive fields. Examples include, but are not limited to, research and development of computer hardware or software, information systems, industrial processes, technical/technological systems, communications systems, transportation, geographic information systems, multi -media and video technology. Laboratories may also be included in this use (see also "Laboratory, Dry" and "Laboratory, Wet" in this section). Development and construction of prototypes may be associated with this use.: ORDINANCE NO, PAGE 5 SECTION 12. The following definition shall be deleted from Section 9158 of Article IX of the Downey Municipal Code. SECTION 13. "Table 9.3.1 - Zone Established" within Section 9302 of Article IX of the Downey Municipal Code shall be amended to read as follows: Table 9.3.1. Zones Established Residential Zones Single -Family Residential Zone R-1 Two -Family Residential Zone R-2 Multiple -Family Residential Zone R-3 Multiple -Family Residential Ownership Zone R-3-0 Commercial Zones Professional Office Zone C -P Nei hborhood Commercial Zone C-1 General Commercial Zone C-2 Central Business District Zone C-3 Commercial Manufacturin Zone C -M ---- Hospital-Medical Arts Zone H -M Mixed -Use Zone Mixed -Use Zone F M -U Manufacturing Zones Light Manufacturing Zone M-1 General Manufacturin Zone M-2 Public Zone Public Zone P Open Sace Zone Open Space Zone O -S Overlay Zones Planned Unit Development Overlay Zone PUD Bio-MedicalOverlayZone 1 BIO SECTION 14 Section 9314.02(a) of Article 1X of the Downey Municipal Code shall be amended to read as follows: (a) The intent and purpose of these Commercial Zone regulations is to: (1) Provide appropriately located areas consistent with the General Plan for a full range of office, retail commercial, and service commercial uses needed by residents and businesses of, and visitors to, the City and region; (2) Strengthen the City's economic base, and provide employment opportunities close to home for residents of the City and surrounding communities; (3) Create suitable environments for various types of commercial uses, and protect them from the adverse effects of incompatible uses; ORDINANCE NO PAGE 6 (4) Promote the creation of vibrant and attractive commercial districts desirable to professionals working in the high-tech and biomedical fields, while also minimizing the impact of commercial development on adjacent, neighborhood -oriented residential districts; (5) Ensure that the appearance and effects of commercial buildings and uses are harmonious with the character of the area in which they are located; and (6) Ensure the provision of adequate off-street parking and loading facilities SECTION 15. Section 9314.02(g) of Article IX of the Downey Municipal Code shall be amended to read as follows: (g) Purpose of the H -M Zone. The H -M Zone is intended to provide for and encourage the orderly development of a wide variety of hospital and biomedical uses that facilitate the growth of businesses during all stages of the business cycle. It also allows professional offices, personal and professional services, and retail uses that are compatible with, and supportive of, uses permitted within the zone and with uses in adjacent zones. SECTION 16. The following uses shall be added to "Table 9.3.5. Commercial Zones Use Regulations" within Section 9314.04 of Article IX of the Downey Municipal Code: Group Counseling NP NP _ NP NP C C Medical outpatient NP services NP P P NP P General Commercial Uses Ii Biomedical Use NP NP NP NP P P Research and NP NP NP NP P C Development SECTION 17 The following uses in "Table 9.3.5. Commercial Zones Use Regulations within Section 9314.04 of Article IX of the Downey Municipal Code shall be amended to read as follows: ORDINANCE, NO: PAGE 7 SECTION 18. The following use shall be deleted from "Table 9.3.5. Commercial Zones Use Regulations" within Section 9314.04 of Article IX of the Downey Municipal Code: SECTION 19. Section 9318.02 of Article IX of the Downey Municipal Code shall be amended to read as follows: (a) The intent and purpose of these Manufacturing Zone regulations is to; (1) Provide appropriately located areas consistent with the General Plan for a broad range of manufacturing and service uses; (2) Strengthen the City's economic base, and provide employment opportunities close to home for residents of the City and surrounding communities; (3) Promote the creation of vibrant and attractive manufacturing districts desirable to professionals working in the high-tech and biomedical fields, while also minimizing the impact of manufacturing uses on adjacent, commercial and neighborhood -oriented residential districts. (b) Purpose of the M-1 Zone. The M-1 Zone is intended to provide an orderly development and grouping together of light manufacturing uses and appropriate biomedical uses that facilitate the growth of businesses during all stages of the business cycle in harmony with each other and the rest of the community. The provisions of this zone are designed to ensure that such uses will be protected from inharmonious uses and to minimize the undesirable effects of heavy traffic or other operating characteristics. (c) Purpose of the M-2 Zone. The M-2 Zone is intended to provide for the orderly development of general manufacturing, research and development, wholesale and distribution, warehousing, biomedical uses that facilitate the growth of businesses during all stages of the business cycle, and other compatible uses within the community. The provisions of this zone are intended to ensure that industrial development will be protected from intrusion by inharmonious uses, that it will be provided with adequate space and accessory facilities, and that abutting non -industrial areas will be protected from potential conflicts with industrial development. ORDINANCE NO, PAGE 8 SECTION 20. The following uses shall be added to "Table 9.3.9. Manufacturing Zones Use Regulations" within Section 9318.04 of Article IX of the Downey Municipal Code: SECTION 21. The following uses shall be amended in "Table 9.3.9. Manufacturing Zones Use Regulations" within Section 9318.04 of Article IX of the Downey Municipal Code to read as follows: SECTION 22. Section 9326 shall be added to Article IX of the Downey Municipal Code, which shall read as follows: SECTION 9326. BIOMEDICAL OVERLAY ZONE (BIO). SECTION 9326.02. INTENT AND PURPOSE. The intent and purpose of the Biomedical Overlay Zone is to provide greater flexibility in the application of land planning concepts. The Biomedical Overlay Zone provides additional opportunities for bio -medical related uses beyond the medical office, hospital, research and development, and medical -device related uses allowed in the commercial and manufacturing base zones. Additionally, ancillary uses necessary to attract biomedical firms and professionals in the industry are provided for, such as mixed-use developments consisting of professional office or biomedical research facilities and residential uses, and other supporting services, such as restaurants and nightlife activities. The Biomedical Overlay Zone shall meet the objectives of the General Plan and this article, and further encourage the development of new biomedical uses through the relaxation of typical project review timelines, building permit issuance, and business license issuance. SECTION 9326.04. APPLICABILITY. (a) The Biomedical Overlay Zone, and the standards contained in this section, shall apply to all areas designated on the Official Zoning Map as being within the Biomedical Overlay (BIO)Zone, except for any zones not comprised of Commercial or Manufacturing Zones. (b) Whenever any proposed development application for a new, primarily biomedical development encompasses more than one base zone (consisting of Commercial and Manufacturing), the following shall apply: ORDINANCE NO. PAGE 9 (1) The permitted uses and the development standards for each base zone shall be applicable within the boundaries of each zone; (2) Through the Site Plan Review process, the City Planner may allow the application of development and use standards for any zone covering a portion of the proposed development in any other zone covering other portion of the proposed development if the entire development's F.A.R. and occupancy do not exceed those which would be permitted if the land area of each zone were developed separately. (c) Where a conflict in regulations occurs, the regulations specified in this section shall apply. SECTION 9326.06. USES PERMITTED. In addition to the uses permitted in the base zones, the following uses are permitted in the Biomedical Overlay Zone: (a) Biomedical Uses (b) Financial Services (only when integrated into a primary biomedical use) (c) Florist shops (only when integrated into a primary biomedical use) (d) Hospitals (e) Medical Equipment Sales (f) Medical Outpatient Services (g) Office, Medical SECTION 9326.08. USES CONDITIONALLY PERMITTED. In addition to the uses permitted in the based zones, the following uses are allowed subject to the approval of a Conditional Use Permit and are subject to the review requirements and conditions contained in Section 9824 of this code: (a) Bars, taverns, pubs, micro -breweries w/food and drink (b) Convention and exhibition halls (c) Parks and recreational facilities (d) Personal services (unless permitted by right in the base zone, in which case it shall be a permitted (P) use) (e) Retail sales, new (unless permitted by right in the base zone, in which case it shall be a permitted (P) use) SECTION 9326.10. DEVELOPMENT STANDARDS. All development standards applicable to uses located in the Biomedical Overlay Zone are specified in the regulations set forth in the commercial and manufacturing base zones. Any development standards not listed for uses allowed in the Biomedical Overlay Zone are conditional uses required to be integrated into a primary use with specified development standards which shall take precedence over the entire development. In the case of residential uses allowed as part of a primarily biomedical mixed-use development, all development standards not specified for the residential portion of the project in the commercial base zones shall be determined through the Site Plan Review and Conditional Use Permit application processes. SECTION 9326.12. APPLICATION REVIEW. The following review processes shall be modified to expedite the permitting and licensing process for new biomedical developments and businesses. The expedited processes listed below shall apply to all applications for development of projects intended to be primarily occupied by biomedical businesses or the establishment of biomedical businesses located in ORDINANCE NO. PAGE 10 the Biomedical Overlay Zone. The application of these expedited processes shall be at the discretion of the City Manager, or his or her designee. The process expedited to encourage biomedical uses shall be as follows: (a) Conditional Use Permits (1) Within 60 days of a Conditional Use Permit application being deemed complete and any necessary environmental review has been completed, the Planning Division shall place the application on the public hearing agenda for the decision- making body. (2) The timeframes specified for the voiding of a Conditional Use Permit due to non - commencement of the use shall be extended by one (1) year. An applicant may still utilize any applicable extensions when made to the appropriate decision- making body. (b) Site Plan Review (1) Within 60 days of a Site Plan Review application being deemed complete and any necessary environmental review has been completed, the Planning Division shall place the application on the public hearing agenda for the decision-making body. (2) The timeframes specified for the voiding of a Site Plan Review shall be extended by one (1) year automatically upon the expiration of an approved Site Plan Review. An applicant may still utilize any applicable extensions when made to the appropriate decision-making body. (c) Business Licenses (1) Upon application of a business license for a business which meets the definition of "biomedical use" according to this code, an Economic Development Division staff member shall be assigned to assist in the coordination of all necessary on- site inspections required by the various City Departments (i.e. Building, Fire, and Planning). (2) At the discretion of the City Planner, the City may not require an existing building; to correct nonconformities when occupancy by a new biomedical use or expansion of an existing biomedical use is proposed. (d) Building Permits (1) For all building permit applications fora biomedical use, as defined in this code, the City shall waive the General Plan Revision fee of .2% of the building's valuation. (2) The initial Building Permit plan check fee shall include 4 reviews and shall not exceed 75% of the adopted Building Permit Fee Schedule. (3) The City shall reduce the typical Building Permit plan check review timeframes by 2 days for each of the first two (2) plan check reviews. ORDINANCE NO, PAGE 11 SECTION 23.- The City Council hereby amends the Official Zoning Map to incorporate five (5) areas, as outlined in Exhibit '1' of this Resolution, of the City into the Biomedical Overlay Zone. SECTION 24. 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 one or more sections,subsections, phrases, or portions be declared invalid or unconstitutional SECTION 25- The City Clerk shall certify the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. APPROVED AND ADOPTED this _ day of 2018. 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 _`h 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 i''1 0 1 Ur Till e I 14j; 1 1"-:Jj I m �l Mr-licimic 1 .9 1 0 1: rAjej M E i 9 ,' ., ss