Note: Prior ordinance history: Ords. 445 and 485.
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)
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;
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)
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)
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)
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.
(Prior code § 19-17.5; Ord. 1321 § 4, 10/24/16)
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)
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)
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)
