HomeMy WebLinkAboutOrdinance No. 2005-O10
ORDINANCE NO. 2005-01
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA
ADOPTING THE 2004 CITY OF AZUSA DEVELOPMENT CODE
AND A REVISED OFFICIAL ZONING MAP FOR THE CITY OF AZUSA
WHEREAS, California Government Code, Section 65800 et seq. authorizes the
adoption and administration of zoning laws, ordinances, rules and regulations by cities as a
means of implementing the General Plan; and
WHEREAS, the City of Azusa's ("City") centennial in 1998 rekindled
community concern about the City's next hundred years and launched an ambitious effort
to gain opinion and participation of hundreds of residents from all backgrounds and walks
of life to present a new vision for the City; and
WHEREAS, these efforts led the establishment of the Azusa Citizens
Congress in May 2000 where participants discussed and created statements of common
values as the foundation for a new General Plan and Development Code for the City; and
WHEREAS, the General Plan and Development Code reflect the public
participation and hard work of hundreds of Azusa residents and business owners who
have actively participated in the work of the Citizens Congress and the creation of the
General Plan and Development Code; and
WHEREAS, in addition to the preparation of the Development Code, the City
also directed the preparation of an Environmental Impact Report ("EIR") that discusses the
potential environmental impacts of the General Plan and Development Code in accordance
with California Environmental Quality Act ("CEQA"), the state CEQA Guidelines and the
City's Local Guidelines for implementing CEQA; and
WHEREAS, on July 13, 2004 and August 5,2004, the Planning Commission of
the City of Azusa ("Planning Commission") conducted duly noticed workshops on the
Development Code and a revised Zoning Map and on August 18, 2004, September 1, 2004,
September 22, 2004 and October 13, 2004 conducted noticed public hearings at which time
all persons wishing to testify in connection with the Development Code and revised Zoning
Map were heard and the Development Code and Zoning Map were fully studied,
discussed and deliberated; and
WHEREAS, the Planning Commission carefully considered all pertinent
testimony and the staff reports presented during the public hearings and workshops for the
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Development Code and revised Zoning Map and adopted a resolution recommending
approval of the Development Code and revised Zoning Map; and
WHEREAS, on November 1, 2004, November 8, 2004, November 15, 2004,
November 29,2004, and December 6, 2004, the City Council of the City of Azusa ("City
Council") conducted duly noticed workshops and public hearings on the Development
Code and Zoning Map at which time all persons wishing to testify in connection with the
Development Code and Zoning Map were heard and the Development Code and Zoning
Map was fully studied, discussed and deliberated; and
NOW, THEREFORE, NOW, THEREFORE, THE PEOPLE OF THE CITY OF
AZUSA DO ORDAIN AS FOLLOWS:
SECTION 1: Based on the entire record before the City Council, all written and,oral
evidence presented to the City Council, and the findings made in the staff reports and this
Ordinance, the City Council hereby deletes Title 88 of the Azusa Municipal Code in its
entirely and replaces it with the Development Code, as set forth in the attached Exhibit,"A.'
to this Ordinance.
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SECTION 2: Based on the entire record before the City Council, all written and oral,
evidence presented to the City Council; and the findings made in the staff reports and, this
Ordinance, the City Council of the City of Azusa hereby approves the Revised Zoning Map
contained in the Development Code, as set forth in the attached Exhibit "B" to this
Ordinance. The Zoning Map reflected in Exhibit "B" shall replace the "Official Zoning Map
of the City of Azusa, California" dated December 6, 1996, as that map has been amended
from time to time.
SECTION 3: The City Council finds that the Development Code and Zoning Map
are in the public interest and reasonably related to the public welfare because they
establishes zoning classifications that provide for the future growth and development of
Azusa in an environmentally sensitive manner and in a manner that accommodates future
population growth while protecting the public health, safety and welfare of the residents
and business owners of the City. Further, the Development Code establishes reasonable
development standards that maintain the character of each zone designation. Finally, the
City Council finds that adoption of this Development Code and revised Zoning Map are
reasonably related to the public welfare of the citizens in the region because they provide
zoning classifications and development standards that assist the City in providing its share
of regional jobs opportunities and housing. In considering this Ordinance, the City Council
has considered the housing needs of the region and balanced those needs against the public
service needs of the residents and available fiscal and environmental resources.
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SECTION 4: The City Council also finds that adoption of this Development Code
and Zoning Map is consistent with the City of Azusa General Plan because the various
zone designations proposed in the Development Code and Zoning Map are consistent with
the land use designations contained in the General Plan. Moreover, the Development Code
continues the classification of areas using terms that are consistently used in the General
Plan (i.e., Neighborhoods, Corridors, and Districts). Further, the zone designations and
development standards contained in the Development Code and Zoning Map further the
objectives and policies of each element of the General Plan and do not obstruct their
attainment.
SECTION 5: The City Council further finds and determines that notwithstanding
any language or provision to the contrary contained in the Development Code, conditional
use permits, zone variances and precise plans of design which have been approved by the
Planning Commission and/or City Council, have not expired, but have not yet become
vested, may be built in accordance with the approvals granted by the Planning
Commission and/or City Council.
SECTION 6: The City Council finds that the Environmental Impact Report (EIR)
prepared pursuant to CEQA for the General Plan and Development Code that was certified
by the Azusa City Council on April 19, 2004, is still appropriate because none of the
conditions described in CEQA Guidelines §15162 that require additional environmental
review are present.
SECTION 7. Severability. If any section, subsection, sentence, clause phrase or
portion of this Ordinance or the Development Code is for any reason deemed or held to be
invalid or unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portion of this Ordinance or
Development Code. The City Council of the City of Azusa hereby declares that they would
have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase
thereof, irrespective of the fact that any one or more section, subsection, subdivision,
paragraph, sentence, clause or phrase would be declared invalid, unconstitutional or
unenforceable.
SECTION S. Effective date. This ordinance shall be in full.force and effect thirty (30)
days after its passage.
SECTION 9. Summary. A summary of this ordinance shall be published in the
manner required by law.
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PASSED, APPROVED AND ADOPTED this 22nd day of February, 2005.
Cristina Cruz -Madrid
Mayor
I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the
foregoing Ordinance No. 05-01 was regularly introduced and placed upon its first
reading at a regular meeting of the City Council on the 7h day of February, 2005. That
thereafter, said ordinance was duly adopted and passed at a regular meeting of the City
Council on the 22nd day of February, 2005, by the following vote, to wit:
AYES: COUNCILMEMBERS:
HARDISON, STANFORD, CHAGNON, ROCHA, MADRID
(ORDINANCE NO. 2005-01).
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
CHAGNON, MADRID (ZONING MAP, ZONE 1)
ABSTAIN: COUNCILMEMBERS:
MADRID (ZONING MAP, ZONE 2)
City Clerk
APPROVED AS TO FORM:
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City Attorney
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Exhibit "A"
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[ATTACH DEVELOPMENT CODE, CITY COUNCIL ADDENDUM & ERRATA
COMPENDIUM]
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Exhibit `B"
[ATTACH ZONING MAP FROM DEVELOPMENT CODE]
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