Bellflower City Zoning Code
CHAPTER 17
80 DEVELOPMENT REVIEW
Note: Prior ordinance history: Ords. 445 and 485.
§ 17.80.010 Intent and Purpose.
A.
It is the intent of the City Council in enacting the ordinance codified in this chapter to protect the health, safety, and general welfare of the City by maintaining the high standards of architectural design to preserve property values and to encourage the most appropriate and beneficial use of land so as to safeguard the general welfare of the community, and that individual rights are weighed against the needs and requirements of the community.
B.
This chapter establishes procedures and criteria for review of proposed structures, buildings, and improvements to real property and modifications to such which are necessary in order to meet the following objectives:
1.
To preserve the architectural character and scale of the neighborhoods and community.
2.
To assure that development is well designed, in and of itself and in relation to surrounding properties, including that the height, façade length, signage, roof form, materials, colors, and architectural details of a proposed building should be compatible with the height, façade length, roof form, materials, colors, and architectural details of buildings in the immediate vicinity.
3.
To prevent the erection of, addition to or alterations of structures, other property improvements, which unreasonably impacts the privacy of adjacent properties; cause a significant diminution of sunlight to the interior of an adjacent building or to the exterior of adjacent properties; or cause undue glare or noise impacts to adjacent properties; and that individual rights are weighed against the needs and requirements of the community.
4.
To assure that developments enhance their sites and are harmonious with the highest standards of improvements in the surrounding area.
5.
To promote and protect the health, safety, and general welfare of the City.
6.
To enhance the residential and business property values within the City and in neighborhoods surrounding new or modified development, while providing the ability to vary design, material, and colors to retain an individual property/building personality, compatible with the neighborhood.
7.
To assure that each new development is designed to best comply with the intent and purpose of the zone in which the property is located and with the General Plan of the City.
8.
To encourage the maintenance, repair, replacement, or improvement of surrounding properties.
(Prior code § 19-17.1)
§ 17.80.020 Improvements Subject to Development Review.
A.
Improvements Subject to Development Review by the Planning Director, or designee. Improvements subject to development review by the Planning Director, or designee include, without limitation, the following:
1.
New construction of commercial or industrial buildings including any addition of gross leasable area, as determined by the Planning Director, or designee;
2.
New construction of two residential units on a single lot;
3.
Alteration of an existing structure to create two or more residential units on a single lot;
4.
Improvements to properties with a nonconforming building, structure or use when required by provisions in Chapter 17.92 (Nonconforming Buildings and Uses); and
5.
Improvements which the Planning Director, or designee determines are similar to those listed above.
B.
Improvements Subject to Development Review by the Planning Commission. The following improvements are subject to development review by the Planning Commission:
1.
New construction of three or more residential units on a single lot.
C.
Improvements Subject to Development Review During Plan Check. The following projects are considered minor improvements requiring Development Review at Plan Check to ensure compliance with the intent of this chapter, but are not subject to the application requirements of Section 17.80.030:
1.
Additions to existing structures, partial or complete structure or building demolition;
2.
Modifications to the exterior of a structure, including, without limitation: addition(s) or modification(s), exterior colors or materials, windows, doors, rooftop equipment, roof material or color, skylights, solar panels, or loading docks;
3.
Addition of paved area to a front yard, including cement and brick, except for pedestrian walkways not exceeding the minimum width required by applicable law including the Americans with Disabilities Act;
4.
Fences and walls;
5.
Decks above grade at any point, gazebos, patio covers, trellises, windscreens, exterior security bars, and similar improvements;
6.
Exterior spas, hot tubs, or swimming pools, whether portable, temporary, or permanent;
7.
Any signage, including, without limitation, new or replacement sign(s); face(s); board(s); panel(s); neon; or any other electrical or graphics signage; except to repair/refurbish as specifically approved by this chapter;
8.
Any plumbing, mechanical, or electric alterations to building exterior;
9.
Modifications to the interior of a conforming structure which do not change the use or occupancy class; and
10.
All improvements which the Planning Director, or designee determines are similar to those listed above.
D.
Improvements Exempt from Development Review. Notwithstanding anything to the contrary, the following improvements do not require development review:
1.
Repainting or restaining of buildings or structures on properties in SF, R-1, R-2, R-3, and A-E zones, which are not in a PD District, provided the new color is not fluorescent, luminescent, or bright, multi-colored patterns/mural, except as specifically approved previously for minor building trim or sign accent by the process provided in Subsection A or B of this section;
2.
Repainting or restaining of buildings or structures on properties in C-G, T-C, M-l, and O-S or any PD districts, provided the new color is within a project color palette previously approved by the City with the specific development plan for the project;
3.
Exterior landscaping of a single-family detached home (one house per parcel) unless required as a condition of approval of subdivision, conditional use permit, or development review;
4.
Replacement of landscape materials with the same species and original size or larger plant;
5.
Replacement of portions of the exterior of structures or improvements using materials of the same size, type, texture, and color, as specifically approved previously by the process provided in Subsection A or B of this section;
6.
Storage sheds of less than 120 square feet of roof area, lower than seven and one-half feet above grade, in a rear yard of a single-family residence which meets setback requirements; and
7.
Projects located within an overlay zone which are already subject to a development review by the discretionary body for that specific overlay zone.
(Prior code § 19-17.2; Ord. 1217 § 21, 9/26/11; Ord. 1321 § 1, 10/24/16; Ord. 1346 § 12, 10/23/17; Ord. 1350 § 15, 2/26/18; Ord. 1404 § 6, 12/14/20)
§ 17.80.030 Development Review Procedures for Improvements Listed in Section 17.80.020(A).
A.
Application. The applicant must submit an application, accompanied by plans, supporting information, and an application fee as established by City Council resolution to the Planning Director, or designee. The required content of the application, supporting information, and the plans is determined by the Planning Director.
B.
Review of Completeness. Within 30 days after an application is filed, the Planning Director, or designee, must determine if the application is complete.
C.
Decision. The Planning Director must either approve, approve with conditions, or deny the application in accordance with the provisions of this Chapter and any other applicable law within 10 days from the date the application is deemed complete. The Planning Director may refer any application to the Planning Commission for comment or final action. When a development review application requires other approvals by the City, such as a variance, conditional use permit, subdivision or zone change, the development review will occur concurrently with the Planning Commission's review of the other requests, to expedite the development process.
D.
Notice of Decision. Written notice of decision must be provided within 10 days after the decision is rendered.
E.
A decision is not effective until the permittee acknowledges acceptance of any conditions and any appeal period has lapsed, or a waiver of right to appeal is filed, or if there is an appeal, until a final decision has been made on the appeal. By use of entitlements granted by a development application, the applicant acknowledges agreement with conditions of approval.
F.
Duration of Approval.
1.
Approval or conditional approval of development review applications is valid for 12 months after the date of approval, unless a building permit (plan check) application is submitted to the Building Official, or designee, for the project within that 12 month period, in which case the approval is valid as long as the plan check or building permits for the project are valid. Upon good cause shown, the Planning Director may grant one extension of an approval of not more than 12 months in the aggregate, from the original expiration date.
2.
An approval, or conditional approval, may be transferred from the owner to whom it has been issued to successive owners of the property prior to expiration of the approval.
3.
Partial and/or complete demolition of any structure, building, or real improvement must be completed, and all debris removed from the site, within 60 days of permit approval or such other date determined to be in furtherance of the criteria of this Chapter.
4.
Defective Application/Plans. Anything which is not shown on application/plans, or which is not specifically approved, or which is not in compliance with this Chapter, is not approved. Any application and/or plans which are defective as to, without limitation, omissions, dimensions, scale, use, colors, materials, encroachments, easements, etc., renders any entitlements granted by this Chapter null and void. Construction (if any) must cease until all requirements of this Chapter are complied with.
5.
Development entitlements may be withheld until any violations of this Code or other applicable law are abated to the satisfaction of the City Manager, or designee.
G.
Appeal of Planning Director's Action. The applicant may file an appeal with the Planning Commission from any denial, approval, or conditional approval of any application by the Planning Director pursuant to this Chapter. Said appeal must be in writing and must be filed with the City Clerk not later than 10 days after the Planning Director's action. Appeals must set forth the alleged inconsistency or nonconformity with procedures or criteria set forth in this Chapter, and must be accompanied by a filing fee as established by City Council resolution.
Not less than 10 calendar days before the date set for the Planning Commission hearing on the appeal, written notice must be given to the appellant or representative, and to the property owner, of the date, time, and place of the hearing. The Planning Commission may affirm, reverse, or modify the decision of the Planning Director, at all times being guided by the criteria set forth in this Chapter. An appeal of the Planning Commission's decision may be filed pursuant to Chapter 17.112 of this Code. The decision of the City Council is final.
(Prior code § 19-17.4; Ord. 1150 § 1 (Exh. 10), 11/26/07; Ord. 1179 § 1 (Exh. I), 5/26/09; Ord. 1247 § 3, 8/12/13; Ord. 1321 § 3, 10/24/16; Ord. 1346 § 13, 10/23/17)
§ 17.80.032 Development Review Procedures for Improvements Listed in Section 17.80.20(B).
Applications for development review by the Planning Commission are subject to Section 17.80.030. Notwithstanding the foregoing:
A.
The Planning Commission must consider the application at a noticed public hearing in accordance with Section 17.108.030 of this Code. The Planning Commission must either approve, approve with conditions, or deny the application in accordance with the findings in Section 17.80.040.
B.
Not more than 10 days following completion of Commission action, the Planning Commission must announce its findings by formal resolution, and the resolution must identify, among other things, the Planning Commission's findings of facts and conclusions that support the grant, denial or modification of the Development Review application necessary to carry out the provisions of this Code; and if such resolution grants a Development Review approval, it will also impose such conditions of approval needed to implement this Code and protect public health, safety and welfare. A copy of that decision will be transmitted to the applicant within 10 business days following the Planning Commission's decision.
C.
The action of the Planning Commission on any such Development Review application will be final and effective within 10 days after adopting a written resolution, unless the decision is appealed to the City Council in the manner prescribed in Chapter 17.112 of this Code.
D.
The Planning Commission's decision is advisory to the City Council should additional discretionary approvals be required from the City Council. Under such circumstances, the City Council's decision will be final.
(Ord. 1346 § 14, 10/23/17)
§ 17.80.040 Findings Required.
Before approving an application for development review, the following findings must be made by the approving body;
A.
That the proposal is consistent with the Bellflower General Plan and this Code.
B.
That the design of the proposal is appropriate to the City, the neighborhood, and the lot on which it is proposed.
C.
That the design of the proposal is compatible with its environment with respect to use, forms, materials, colors, setbacks, location, height, design, or similar qualities as specified in Section 17.80.010.
(Prior code § 19-17.5; Ord. 1321 § 4, 10/24/16)
§ 17.80.050 Powers and Duties of the Planning Director.
The Planning Director must determine whether the proposed development is in compliance with the provisions of this Code. In addition, the Planning Director must determine whether or not the purposes and objectives of this chapter have been met, and, in that regard, conditions may be imposed to assure that the purposes and objectives of this chapter will be realized. Consideration may be given to site plans, landscaping, general design, and all provisions of this Code.
(Prior code § 19-17.7; Ord. 1321 § 6, 10/24/16)
§ 17.80.060 Design Guidelines Adopted by Resolution.
A.
The Planning Commission may, by resolution, recommend City Council adoption of design guidelines for specific developments or specific types of development which are consistent with the intent and purpose of this chapter.
B.
Design guidelines may include standards for property improvements which exceed those contained elsewhere in this title. Projects must minimally comply with all requirements of this title and meet design guidelines as required by this chapter. For items not specifically mentioned in such standards, the provisions of this title will otherwise apply.
(Prior code § 19-17.8; Ord. 1321 § 7, 10/24/16)
§ 17.80.070 Special Provisions.
A.
Private Architectural Review. Where deed restrictions or private property covenants, codes, and restrictions require review by a private architectural board, committee, or homeowner's association, the review must be accomplished by the applicant and the findings of such board or committee must be transmitted in writing to the City before City action. Application to the board and transmission of its findings are the responsibility of the applicant, not the City.
B.
Architecture and Site Model. Projects with a project valuation greater than $2,500,000.00, adjusted annually to reflect the Consumer Price Index, must provide an architectural model that illustrates the site layout, design features and architecture of each structure within the project. The model must be constructed to the specifications established by and in the sole discretion of the Director. The model is the property of the City.
C.
Context Model. In addition to the architecture and site model specified in Subsection (B) of this section, projects with a project valuation greater than $5,000,000.00, adjusted annually to reflect the Consumer Price Index, must also provide a massing model that illustrate the mass and bulk of the proposed structures on the site and within the immediate vicinity. The models must be constructed to the specifications established by and in the sole discretion of the Director. All models are the property of the City.
(Prior code § 19-17.9; Ord. 1321 § 8, 10/24/16)
