Page 10 April 21, 2016 PUBLIC NOTICES URGENCY ORDINANCE NO. 2111 AN URGENCY ORDINANCE OF THE CITY OF HAWTHORNE AMENDING AND IMPOSING DEVELOPMENT STANDARDS AND REQUIREMENTS FOR CERTAIN PROJECTS IN ALL RESIDENTIAL ZONES AND DESIGNATED MIXED USE AREAS, AMENDING THE HAWTHORNE MUNICIPAL CODE, REPEALING AN INTERIM MORATORIUM, DECLARING THE URGENCY THEREOF, AND MAKING A DETERMINATION UNDER CEQA WHEREAS, the City of Hawthorne (City) initiated consideration of amendments and additions to the design and development standards for the Mixed Use Overlay and R-4 Maximum Density Residential Zone to incorporate environmental impact mitigation measures and to amend and impose other development standards and requirements for certain projects in those zones; and WHEREAS, a Draft Environmental Impact Report (DEIR) under the California Environmental Quality Act (CEQA), State Clearinghouse No. 2009061099, was prepared for the Mixed Use Overlay (MUO) and R-4 Zone project, and, on June 14, 2011, the City Council adopted Resolution No. 7376 and certified the Final Environmental Impact Report (FEIR) for that project, adopted Findings Fact, Statement of Over-Riding Consideration, and the Mitigation Monitoring Program; and WHEREAS, on March 27, 2012, the City enacted Ordinance No. 2016, which eliminated the Conditional Use Permit requirement for multifamily residential housing in the R-4 and MUO zones pursuant to Government Code Sections 65583.2(h)–(i) and 65589.4; and WHEREAS, Government Code Section 65583.2(i) allows cities to enact “objective, quantifiable, written development standards” for residential development if those standards do not prevent the city from achieving its share of the regional housing need; and WHEREAS, on June 26, 2012, the City adopted the “Design Guide for Highest Density Residential and Mixed Use Development,” dated June 22, 2012, (“Design Guide”) which Guide is intended to establish clear and useful criteria for the planning, design, and aesthetics of highest-density residential and mixed-use developments in the City; and WHEREAS, The Design Guide was adopted by Ordinance No. 2022 and added as Appendix B to Title 17 (Zoning) of the Hawthorne Municipal Code (“HMC”), and is required to be complied with in the development of high density residential and mixed-use developments pursuant to Sections 17.19.017 (Design and development standards) and 17.19.060 (Property development standards and site plan review) of the HMC; and WHEREAS, Ordinance No. 2022 also adopted development and security standards for the Mixed Use Overlay and R-4 Zones in Chapters 17.19 and 17.87 of Title 17 (Zoning) of the HMC; and WHEREAS, on June 26, 2012, the City enacted Ordinance No. 2022, which adopted design and development standards for the Mixed Use Overlay and R-4 Zones and was codified in Chapters 17.19 and 17.87 of, and Appendix B to, Title 17 (Zoning) of the Hawthorne Municipal Code (HMC); and WHEREAS, the City now seeks to adopt additional design and development standards that are objective, quantifiable, and written for projects in the R-4 and MUO zones that are intended to implement mitigation measures required by the FEIR and address the traffic, parking, sewage, safety, vehicle circulation, and other components of multi-family projects in those zones; and WHEREAS, on February 11, 2016, the City enacted Interim Urgency Ordinance No. 2108, which imposed a 45-day moratorium on Large-Scale Multi-Family Projects, with the intent to repeal that moratorium once the development standards in this Ordinance become effective; and WHEREAS, the intent and purpose of this Ordinance is to continue to accommodate and enable multi-family residential development projects that are sufficient to meet the City’s regional housing needs allocation and without discretionary review approval while at the same time protecting the public health, safety, and welfare through development standards applicable to high-density development projects; and WHEREAS, in conjunction with the amendments in this Ordinance, the City initiated amendments to the Hawthorne Municipal Code by way of a companion ordinance (Ordinance No. 2109) that imposes technical review and study requirements relating to sewer capacity and traffic safety for multi-family development projects in the Mixed Use Overlay zone and R-4 Maximum Density zone so as to implement environmental mitigation measures regarding traffic safety, traffic circulation, and sewer impacts; and WHEREAS, the City published notice of the Planning Commission’s March 2, 2016, public hearing on Zoning Code Amendment 2016ZA04; and WHEREAS, on March 2, 2016, the Planning Commission held a duly noticed public hearing on the Application, and following the close of the hearing, recommended to the City Council the approval of adopting an ordinance implementing Zoning Code Amendment 2016ZA04; and WHEREAS, the City provided published notice of the City Council’s public hearing on March 10, 2016, and the City Council held a duly noticed public hearing on the Application; and WHEREAS, the City Council has reviewed and considered the zone text amendment as designated in Planning Commission Resolution PC2016-16 and all its constituent parts and concurrent applications and finds it to be integrated, internally consistent and compatible. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HAWTHORNE HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council finds that all of the facts set forth in the recitals of this Ordinance are true and correct. Section 2. CEQA Findings. A. On June 14, 2011, the City certified an FEIR for the adoption of the Mixed Use Overlay and R-4 Zones (State Clearinghouse No. 2009061099). This Ordinance does not expand the land area for those Zones, does not increase allowable densities in those zones, and does not add new uses into those Zones. Accordingly, this Ordinance is within the scope of the project reviewed in that EIR and does not create any new or more severe impacts than the project evaluated in that EIR. As certified, the FEIR required an Environmental Mitigation Monitoring Program pursuant to CEQA Section 21081.6. That program required mitigation measures to address impacts under the following categories: aesthetic; air quality; public services; traffic and circulation; utilities and service systems; water supply and quality; construction-related noise; construction-related traffic; and construction-related air quality. B. Specifically, the mitigation monitoring program includes the following measures: (1) “As determined by the City, all applicants will provide information about the area-wide condition of the local sewer system serving respective sites, to the satisfaction of the City. If the conditions of the local sewer lines are not adequate to accommodate flows the developer(s) will contribute funds to identify area-wide improvements, including replacing the existing sewer line serving the site with a larger diameter line, as determined by the City;” (2) “As determined by the City, individual future developments will be required to prepare traffic studies that identify potential impacts and mitigation measures required for an individual project to reduce impacts on the street network and Congestion Management Program (CMP) facilities, including appropriate freeway segments; ” and (3) “Space will be allocated either within the buildings or in outdoor areas for collection and storage of recyclable materials. Plans for space allocation for recycling will be subject to City review and approval, upon application for a building or occupancy permit.” C. This Ordinance is intended to implement mitigation measures required under the FEIR’s mitigation monitoring program using defined development standards for the Mixed Use Overlay and R-4 Zones. Therefore, this Ordinance is within the scope of that EIR and implements its mitigation program. Accordingly, the City Council finds that no additional environmental review is required. Section 3. The City Council finds and determines that the zoning text amendments set forth in this Ordinance are consistent with the goals, policies, and standards of the General Plan. The changes further Goal 2.0 and Policy 2.8 of the Land Use Element by ensuring that high-density uses are compatible with existing land use zones and do not adversely affect residents in those zones and by ensuring that multi-family projects do not create significant impacts to traffic circulation and safety or sewer capacity. These text amendments further Goal 1.0 and Goal 3.0 by requiring a higher percentage of commercial/retail uses in the Mixed Use Overlay zone. The text amendments are also consistent with the purposes and intent of the R-4 and Mixed Use Overlay zones and are compatible with other uses in the zones. They do not conflict with the goals and policies in the General Plan. The development standards specified are appropriate and necessary to ensure that the uses specified do not have a negative impact on the community’s public health, safety, and welfare. Section 4. Section 17.17.060 (Density bonus housing agreement) of Chapter 17.17 (Residential Density Bonus) of Title 17 (Zoning) shall be amended to renumber part 16 of subsection A as part 17 and add a new part 16 of subsection A to read as follows: 16. The following disclosures shall be included in all sale or lease agreements associated with any project that includes a density bonus: a. For each condominium unit offered for sale, a recorded disclosure statement that the unit is assigned a specified number of parking spaces and giving notice that guest parking is not provided on site pursuant to state laws in effect at the time of construction. b. For each apartment offered for lease, a written disclosure in each lease agreement that the unit is assigned a specified number of parking spaces and giving notice that guest parking is not provided on site pursuant to state laws in effect at the time of construction. c. For each unit, whether offered for sale or lease, a written statement, signed by the purchaser or lessee, acknowledging that on-street parking may be unavailable. Section 5. Chapter 17.19 (R-4 maximum density residential classification) of Title 17 (Zoning) shall be amended by adding Section 17.19.016 (Floor area ratio) as follows: 17.19.016 Floor area ratio In addition to density and other limitation within this chapter and in Appendix B, residential developments in R-4 shall be limited to a floor area ratio of 1.3, as calculated over the entire project area, excluding parking areas. Section 6. Chapter 17.19 (R-4 Maximum density residential classification) of Title 17 (Zoning) of the Hawthorne Municipal Code is hereby amended to add a new Section 17.19.021 (Security Requirements) to read as follows: 17.19.021 Security requirements 1. The security standards of Chapter 17.20 shall apply to all multi-family development projects in the R-4 Maximum Density Residential Zone. 2. The applicant for approval a project that includes residential condominiums shall ensure that the covenants, conditions and restrictions that are recorded for the project require owners of individual condominium units to comply with the City’s crime-free multi-family housing program and that they include a crimefree lease addendum, in the form that is on file with and approved by the City. 3. The owner of property for a new residential apartment project shall ensure that a covenant is recorded against the property ensuring that the property owner, and each successor in interest, comply with the City’s crime-free multi-family housing program and that the owner and successor require tenants to execute a crime-free lease addendum, in the form that is on file with and approved by the City. Section 7. The title of Chapter 17.20 (Supplementary Use and Bulk Requirements for All Residential Zones) of Title 17 (Zoning) shall be amended to read: Chapter 17.20 SUPPLEMENTARY USE, BULK, TRAFFIC AND OTHER REQUIREMENTS DEVELOPMENT STANDARDS FOR ALL RESIDENTIAL ZONES Section 8. Chapter 17.20 (Development standards for all residential zones) of Title 17 (Zoning) shall be amended by adding: 17.20.310 Additional development requirements A. All residential developments shall comply with, in addition to the requirements of this title, all applicable development requirements set forth in Chapter 8.50 (Stormwater and urban runoff pollution control) of Title 8 (Health and safety) and Titles 13 (Sewers) and 14 (Technical Review and Study Requirements for Specified Development Projects). B. Administrative plan review shall be required for all multifamily residential developments pursuant to Title 14. Section 9. Chapter 17.54 (Trash Storage) of Title 17 (Zoning) shall be deleted and replaced as follows: Chapter 17.54 Trash Storage 17.54.010 Required trash, recycling and organics storage area. Plans for all new residential, commercial and industrial construction in all zones in the city shall include a designated storage area for trash, recycling and organics. The purpose of this is to meet public health and safety standards as well as to accomplish the State’s mandatory recycling and organics diversion requirements. A. The trash, recycling and organics storage areas shall be enclosed on three sides with permanent building material and on the fourth side with an access gate. Trash, recycling and organics storage areas must be covered or stored under a structure to prevent storm water from coming in contact with the containers or the interior of storage area. For residential developments, trash and recycling storage areas must be ADA accessible. B. The building material shall be of the same or substantially similar material as the building, if it is constructed as an attached part of a building. The storage area shall be of solid block, brick or masonry construction. In no case shall the building material of the trash storage area have less than one-hour fire resistance capability. C. The access gate shall be no less than 7 feet wide and shall be along the longest side of the storage area enclosure. The gate shall be constructed of metal or another durable material approved by the building department and shall be constructed in a manner so as to obstruct the view of the trash containers from outside of the area. D. Fire sprinklers as approved by the fire department shall be installed where the trash storage area is an attached part of a building. Fire sprinklers are also required when the trash storage area is located closer than 5 feet from any building or property line that may be built upon. However, fire sprinklers are not required if the trash area is enclosed (including roof but excluding door or opening) in noncombustible-material of at least one-hour fire-resistance construction. The enclosure shall be arranged as required by the fire department. E. No trash, recycling or organics bin or storage area shall be located less than 14 feet vertically or 10 feet horizontally from any door or window opening in a residential structure. F. No garage, warehouse, parking lot or any other structure or open area required by other provisions of this code shall be utilized as a trash, recycling and organics storage area except that open space area may be utilized as access to a trash and recycling storage area. A trash, recycling and organics storage area may be located below grade; provided that the storage area does not exceed a maximum of 11 feet below sidewalk grade, the access ramp does not exceed fifteen percent, and the minimum clearance at every point along the path of access is 7 feet. These requirements do not apply if the said trash, recycling and organics area is otherwise serviced by freight elevators. G. Trash, recycling and organics storage areas shall be located at a distance of not more than 140 feet from the point of trash collection pick-up. The point of pick-up shall be considered to be at the face of the curb abutting the nearest street or at another location approved by the building department as a feasible location for truck access. The point of pick-up shall be readily accessible to the trash collection vehicles. Where the point of pick-up is not at a street, there shall be a path or route of access of not less than 15 feet in width and an unobstructed clear height of not less than 14 feet 6 inches; power lines, tree limbs or any other protrusion, whether owned by the property owner or not, shall be considered a height obstruction. In commercial or industrial areas where a drop bin is planned to be used for trash, recycling and organics storage, there shall be a clear unobstructed access to a height of 20 feet above the drop bin. The surface of any access route other than a street shall be paved. Where trash and recycling bins are required by the planning department, a paved surface of not less than 5 feet in width shall be provided from the trash and recycling bin to the point of pick-up. All such pavement shall conform to the pavement requirements of this code in those provisions regarding parking lot pavement. The trash, recycling and organics storage area shall be readily accessible to the collection vehicle at all times. H. The size of the trash, recycling and organics storage area shall be determined as follows to accommodate the storage of at least three containers, one each for trash, recycling and organics: 1. Residential. Number of Units Size of Area a. 10 or less: 20 square feet for the first unit, plus 10 square feet per each additional unit, at one or more locations; b. 11 - 16 units: One single location with minimum dimensions of 5 by 18 feet; c. 17 - 30 units: Two locations with minimum dimensions of 4.5 by 8 feet, or one single location with minimum dimensions of 4.5 by 15 feet; d. Over 30 units: A total of 4 square feet per unit for the first 30 units plus 2.5 square feet for each additional unit in one location, or separate locations with minimum dimensions of 4.5 by 15 feet each. 2. Commercial—Industrial. There shall be provided 10 square feet of trash storage area per 1,000 square feet of building area, but in no case less than 36 square feet and no less than one location with dimensions of 4.5 by 8 feet. Where drop bins are planned, the dimensions of the trash storage area shall be no less than 12 feet by 10 feet. 3. Dimensions of storage areas may be reconfigured to fit site plan but must accommodate equivalent area sizes and access for bins. I. The trash, recycling and organics storage area shall be maintained in a good state of repair at all times. J. All trash, recycling and organics containers shall be stored in the designated storage area. No one shall store trash, rubbish or containers for trash, recycling or organics in any building, open area or any other area outside the designated storage area. Section 10. Part 1 of Subsection B of Section 17.87.060 (Property development standards and site plan review) of Chapter 17.87 (Mixed Use Overlay Zone (MU)) of Title 17 (Zoning) shall be amended to read as follows: B. Residential and Commercial/ Retail Mix. 1. Commercial/retail uses shall incorporate a minimum of twenty30 percent of the building footprint area in which they are located or at least ten10 percent of all building footprints within the project, whichever is greater, including residential and nonresidential uses. In circumstances where this minimum commercial area requirement is likely to produce unsustainable commercial square footage, the planning commission may grant a smaller minimum area through the conditional use permit process, and provided that the following findings are made: a. The provision of twenty30 percent of the building footprint area in which the commercial space is to be located, or at least ten10 percent of all building footprints within the project, will create a commercial space that is uncharacteristically large for the vicinity in which it is to be located or is otherwise impractical for reasons of insufficient frontage, odd shape, frontage on a residential street only, etc.; and b. The provision of the minimum commercial space described above will likely lead to protracted and repeated vacancies in the commercial space(s) which will contribute to blight; and c. There are no viable alternative designs that are feasible that will meet the requirement and be economically sustainable; and d. The applicant has shown through evidence and market analysis that the proposed alternative minimum commercial area will be economically viable and sustainable, and will be compatible with the vicinity in which it is located. Evidence may include letters of interest or intent from prospective commercial tenants, market studies that link size to tenant types, demonstration of similar uses under similar conditions existing elsewhere, or any combination or additional evidence that the planning commission deems necessary to support the approval of a lower minimum commercial area. Section 11. Subsection C of Section 17.87.060 (Property development standards and site plan review) of Chapter 17.87 (Mixed use overlay zone (MU)) of Title 17 (Zoning) shall be amended to read as follows: C. Density and Intensity. 1. Residential uses as a part of a mixed use project shall have a maximum of thirty dwelling units per acre as calculated over the entire project area. 2. The floor area ratio (FAR) shall be a maximum of two and one-half 1.5 FAR as calculated over the entire project area, excluding parking areas. 3. Building coverage and parking facilities shall not exceed 90 percent of the entire project area. Section 12. Subsection R (Security Requirements) of Section 17.87.060 (Property Development standards and site plan review) of Chapter 17.87 (Mixed Use Overlay Zone (MU)) of Title 17 (Zoning) of the Hawthorne Municipal Code is hereby amended to read as follows: R. Security Requirements. 1. The security standards of Section 17.20.300 shall apply to all development projects in the Mixed Use Overlay Zone. 2. The applicant for approval of a project that includes residential condominiums shall ensure that the covenants, conditions and restrictions that are recorded for the project require owners of individual condominium units to comply with the City’s crime-free multi-family housing program and that they include a crime-free lease addendum, in the form on file with and approved by the City. 3. The owner of property for a new residential apartment project or mixed use project with residential apartments shall ensure that a covenant is recorded against the property ensuring that the owner, and each successor in interest, comply with the City’s crime-free multi-family housing program and that the owner and successor require tenants to execute a crime-free lease addendum, in the form on file with and approved by the City. Section 13. Section 17.87.060 (Property development standards and site plan review) of Chapter 17.87 (Mixed use overlay zone (MU)) of Title 17 (Zoning) shall be amended by adding subsection S as follows: S. Additional development requirements 1. All mixed use developments shall comply with, in addition to the requirements of this title, all applicable development requirements set forth in Chapter 8.50 (Stormwater and urban runoff pollution control) of Title 8 (Health and safety) and Titles 13 (Sewers) and 14 (Technical Review and Study Requirements for Specified Development Projects). 2. Administrative plan review shall be required for all mixed use developments pursuant to Title 14. Section 14. Repeal of Moratorium. By this Ordinance, the City Council hereby repeals Interim Urgency Ordinance No. 2108 (45-day moratorium on Large-Scale Multi-Family Projects) in its entirety. This repeal shall be effective as of the same date Sections 4 through 13 are effective. Notwithstanding Section 16 of this Ordinance, this repeal is not severable from Sections 4 through 13. Section 15. Urgency Declaration. This Ordinance is for the immediate preservation of the public peace, health, and safety and shall take effect immediately upon adoption pursuant to California Government Code Section 36937(b). The facts constituting the urgency include the following. First, multi-family and mixed-use high-density development in concentrated areas of the City poses a risk of exceeding existing infrastructure capacity by generating demands on sewer, water, storm drains, and transportation facilities that cannot be accommodated by existing infrastructure. Second, the City’s interim moratorium on those high-density projects will expire on March 27, 2016, unless extended, whereas this Ordinance would become effective on April 21, 2016, unless effective immediately. If neither this Ordinance nor the moratorium are in place for that 25-day period, it would create a regulatory condition allowing projects without adequate infrastructure and other on-site facilities. The development standards imposed by this Ordinance will ensure appropriate density limits and adequate on-site and public facilities to prevent imminent adverse effects on infrastructure capacities. For these reasons, and based on all other evidence in the record of these proceedings, the immediate effectiveness of this Ordinance is necessary to preserve the public peace, health, and safety. Section 16. If any provision, clause, sentence or paragraph of this Ordinance or application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions of this Ordinance which can be given effect without the invalid provisions or application, and to this end the provisions of this ordinance are declared to be severable. Section 17. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the summarized ordinance to be published once in a newspaper of general circulation, published and circulated in the City of Hawthorne, or if there is none, the City Clerk shall cause it to be posted in at least three public places in the City of Hawthorne, California. PASSED, APPROVED, and ADOPTED this 22nd day of March, 2016. ALEX VARGAS, MAYOR City of Hawthorne, California ATTEST: NORBERT HUBER, CITY CLERK City of Hawthorne, California APPROVED AS TO FORM: RUSSELL I. MIYAHIRA, CITY ATTORNEY City of Hawthorne, California I, Monica Dicrisci, the duly appointed Deputy City Clerk of the City of Hawthorne, California, DO HEREBY CERTIFY that the foregoing Urgency Ordinance, No. 2111 was duly adopted by the City Council of the City of Hawthorne, at their regular meeting of the City Council held March 22, 2016 and that it was adopted by the following vote, to wit: AYES: Councilmembers Awad, Reyes English, Michelin, Valentine, Mayor Vargas. NOES: None. ABSTAIN: None. ABSENT: None. Deputy City Clerk City of Hawthorne, California Hawthorne Press Tribune Pub 4/21/16 HH-25067 like us on facebook follow us on twitter @heraldpub
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