The URL can be used to link to this page

Home My WebLink AboutOrdinance No. 06-O6E ORDINANCE NO. 06-06 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING MISCELLANEOUS ADJUSTMENTS (CODE CLEANUP) TO THE 2005 DEVELOPMENT CODE (CASE NUMBER ZCA 221) 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 anew 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 February 22, 2005, the City Council adopted the new Development Code with the understanding that the "Form -Based Code" format included wholesale changes to the prior Code, and that flaws would be discovered and revisions would be necessary after the new Code is implemented; and WHEREAS, on March 15, 2006, March 29, 2006, and April 12, 2006 the Planning Commission of the City of Azusa ("Planning Commission") conducted noticed public hearings on the revisions to the Development Code at which time all persons wishing to testify in connection with the revisions to the Development Code were heard and the revisions were fully studied, discussed and deliberated; and WHEREAS, the Planning Commission has carefully considered all pertinent testimony and the staff reports presented during the public hearings for the revisions to the Development Code. WHEREAS, on May 15, 2006, and July 17, 2006, the City Council of the City of Azusa ("City Council") conducted a duly noticed public hearing on the revisions to the Development Code at which time all persons wishing to testify in connection with the revisions Document in CADocurn nts and Settings%a sauserl\DesktoplOAugust 7, 2006embedded.doc Ordinance No. 06-06 August 7, 2006 Page 2 of 5 to the Development Code were heard and the revisions to the Development Code were fully studied, discussed and deliberated; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES 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 this Ordinance, the City Council of the City of Azusa hereby adopts the revisions to the Development Code as follows: A. Existing Article 1 - Development Code Applicability, shall be renumbered as Article I of Chapter 88 of the Azusa Municipal Code; and Existing Article 2 - Urban Standards, shall be renumbered as Article 2 of Chapter 88 of the Azusa Municipal Code; and Existing Article 3 - Site, Development, and Operational Standards, shall be renumbered as Article 3 of Chapter 88 of the Azusa Municipal Code; and Existing Article 4 - Standards for Specific Land Uses, shall be renumbered as Article 4 of Chapter 88 of the Azusa Municipal Code; and Existing Article 5 - Development Code Administration and Procedures, shall be renumbered as Article 5 of Chapter 88 of the Azusa Municipal Code; and Existing Article 6 - Glossary, shall be renumbered as Article 7 of Chapter 88 of the Azusa Municipal Code; and New chapter, Enforcement and Penalties of the Development Code, shall be added as Article 6 of Chapter 88 of the Azusa Municipal Code; and B. As set forth in the attached Exhibit "C" to this Ordinance; and SECTION 2: The City Council finds that the revisions to the Development Code are in the public interest and reasonably related to the public welfare because they clarify the established 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 while protecting the public health, safety and welfare of the residents and business owners of the City. Further, the revisions make minor adjustments to the Development Code resulting in reasonable development standards that maintain the character of each zone designation. Finally, the City Council finds that Development Code, after revisions, continues to be reasonably related to the public welfare of the citizens in the region because it contains zoning classifications and development standards that assist the City in providing its share of regional jobs opportunities and housing. 0 Ordinance No. 06-06 August 7, 2006 Page 3 of 5 0 SECTION 3: The City Council also finds that adoption of these revisions to the Development Code is consistent with the City of Azusa General Plan because the various adjustments to the regulations in the Development Code are consistent with the land use designations contained in the General Plan. Moreover, the revisions to the Development Code continue the classification of areas using terms that are consistently used in the General Plan (i.e., Neighborhoods, Corridors are Districts). Further, the adjustments to the development standards contained in the Development Code further the objectives and policies of each element of the General Plan and do not obstruct their attainment. SECTION 4: 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 are present. SECTION 5. 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 6. Effective date. This ordinance shall be in full force and effect thirty (30) days after its passage. SECTION 7. Summary. A summary of this ordinance shall be published in the manner required by law. PASSED, APPROVED AND ADOPTED this 8t' day of August, 2006. C G� - D e C agnon Mayor ATTEST: Mendoza �L� L era City Clerk 0 0 Ordinance No. 06-06 August 7, 2006. Page 4 of 5 I Vera Mendoza, City Clerk of the City of Azusa hereby certify that the foregoing Ordinance No. 06-06 was duly introduced and placed upon its first reading at a regular meeting of the City Council of the City of Azusa held on the 17'h day of July 2006, and that thereafter, said ordinance was duly adopted and passed at a regular meeting of August 7, 2006, by the following vote of the Council: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss. CITY OF AZUSA ) AYES: COUNCIL MEMBERS: HARDISON, CARRILLO, HANKS, CHAGNON NOES: COUNCIL MEMBERS: ROCHA ABSENT: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE Vera Mendoza, City Clerk APPROVED AS TO FORM: A City Atto ney Exhibit "C" [DEVELOPMENT CODE REVISIONS] Document in CiDocuments and Settings\=sauserl\Desktop\OAugust 7, 2006embedded.doc L J • EXHIBIT "C", ZCA-221 Development Code Revisions (Final) July 17, 2006 Revisions Item # and # Proposed Revision Article 2 1 2-5 88.20.040 -ALLOWABLE LAND USES AND PLANNING PERMIT REQUIREMENTS A. Allowable land uses. The land uses allowed by this Development Code in each zoning district are listed in Chapter 88.22.065, Chapter 88.24.005, and Chapter 88.26.005 together with the type of planning permit required for each use. All uses and storage shall be conducted within a totally enclosed building with the exception those uses that are customarily conducted outdoors including plant nurseries automobile display, equestrian facilities commercial recreational facilities and other similar outdoor uses as determined b the Director. Each listed land use is defined in Article 6 7 Glossa . 2 2-38 88.22.065. Table 2-1 (Neighborhoods): Land Use Type NGt NG2 NG3 NC L Med Mod L Med Mod L Med Mod RECREATION, EDUCATION &PUBLIC ASSEMBLY Live Entertainment UP AGRICULTURAL AND RESOURCE-BASED USES Communi Garden UP UP UP UP UP UP UP UP UP UP MUP 3 Plant Nurse MUP(3) MUP(3) MUP(3) MUP 3 MUP 3 MUP(3) MUP(3) MUP 3 MUP 3 RESIDENTIAL USES Court - - MUP MUP - MUP MUP - -MUP -MUP Duplex Notes (page 2-38): (3) Allowed only within the boundaries of an electric utility easement for high voltage transmission lines 3 2-44 Neighborhood Centers 3. Site Planning and Building Design Standards - Neighborhood Centers a. Building Placement (1) Front Setback: 0 ft; 5 ft max for 80% of lot frontage 2 Side Street Setback: 0 ft; 5 ft max for 80% of lot frontage C:\Robert 7252006\rperson\Desktop\CITY COUNCIL\2006\AUGUST 7, 2006\Exhibit C_07-17 - - P P - P P - - P P Townhouse or rowhouse - - -MUP MUP - -MUP MUP -MUP -MUP -06_Final.doc • • Exhibit "C", ZCA-221 Development Code Revisions Item # pagend# Proposed Revision Notes: The percentage of building frontage for front and side street setbacks may be reduced by the review authority to accommodate pedestrian plazas located between the street(s) and the building. b. Parking Placement (2). Side street setback: 510 ft min 88.22.070.A.3..c Building Height and Profile (1) Height: Maximum: 3 2� stories or 35 ft for single use buildings, which ever is less. 3 stories or 40 ft, whichever is less for mixed use buildings. (2) Encroachments Galleries, Arcades, and Awnings may encroach into the setback as shown in the above diagrams, but shall be limited to: i. Front encroachment: 5 ft max ii. Side Street: 5 ft max iE iii Side encroachment: 5 ft max iii. iv. Maximum encroachment height is 2 stories or 30 ft v. Porches may encroach to within 5 ft of the front or side street property line. 2-48 Neighborhood General - Traditional 88.22.070.B. 3.b. Parking Placement (3) Side setback: 3 5 ft min for the first 75 ft of lot depth! 3 It min for detached garages when setback more than 75 ft from the front property line. 3..c Building Height and Profile (1) Height: Maximum: 2 1/2 stories or 35 ft, which ever is less (2) Encroachments Porches, Patios, Cantilevered Bay Windows and Balconies may encroach into the setback, but shall be limited to: i. Front encroachment: 8 ft max ii. Side Street: 5 ft max i6 iii Side encroachment: 8 2 ft max xi. iv. Maximum encroachment height is 2 stories or 24 It 3.d. Residential Density Standards Notes: (3) Subdivisions shall be designed so that all lots or parcels shall have adequate street frontage, as determined by the review authority, for direct access to a public or private street improved to City standards. 2-52 Neighborhood General - Transitional 88.22.070.C. 3.1b. Parking Placement (3) Side setback: 3 5 ft min for the first 75 It of lot depth: 3 ft min for detached garages when setback more than 75 It from the front property line. 3..c Building Height and Profile Print date: 7/28/2006 Page 2 of 28 July 17, 2006 • • Exhibit "C", ZCA-221 Item # I anp � I Proposed Revision Development Code Revisions (1) Height: Maximum: 21/2 stories or 35 ft, which ever is less (2) Encroachments Porches, Patios, Cantilevered Bay Windows and Balconies may encroach into the setback, but shall be limited to: i. Front encroachment: 8 It max ii. Side Street: 5 ft max ii- ill Side encroachment: 8 2 ft max ui. iv. Maximum encroachment height is 2 stories or 24 It 3.d. Residential Density Standards Notes: (3) Subdivisions shall be designed so that all lots or parcels shall have adequate street frontage as determined by the review authority, for direct access to a public or private street improved to City standards 2-56 Neighborhood General - Tract 88.22.070.D. 3.1b. Parking Placement (3) Side setback: 3 5 ft min for the first 75 ft of lot depth; 3 It min for detached garages when setback more than 75 ft from the front property line 3..c Height Design and Profile (1) Height: Maximum: 2 1/2 stories or 35 ft, which ever is less (2) Encroachments Porches, Patios, Cantilevered Bay Windows and Balconies may encroach into the setback, but shall be limited to: i. Front encroachment: 8 It max ii. Side Street: 5 ft max ii- ill Side encroachment: 3 2 ft max fii. iv. Maximum encroachment height is 2 stories or 24 ft 3.d. Residential Density Standards Notes: (3) Subdivisions shall be designed so that all lots or parcels shall have adequate street frontage as determined by the review authority, for direct access to a public or private street improved to City standards. 2.62 Print date: 7/28/2006 Land Use Type DTC I DCC I DTV F DE DW I DWL AGRICULTURAL AND RESOURCE-BASED USES Plant Nurse MUP 6 MUP 6 MUP 6 MUE(61 I MUP US I MUP 6 RECREATION, EDUCATION & PUBLIC ASSEMBLY Live Entertainment MUP UP UP UP UP UP Page 3 of 28 July 17, 2006 • • Exhibit "C", ZCA-221 Item # I page # Proposed Revision 2-62 2-66 2-73 Print date: 7/28/2006 Development Code Revisions Notes (page 2-62): (6) Allowed only within the boundaries of an electric utility easement for high voltage transmission lines Notes (page 2-66): (61 Allowed on second or upper Floor only, except for uses existing on March 25 2005 which shall be considered conforming uses Table 2-2 (University District) Land Use Type RESIDENTIAL USES Senior Citizen Apartments MUP MUP MUP MUP DU-RMO RECREATION, EDUCATION & PUBLIC ASSEMBLY Live Entertainment UP RETAIL SALES Farmer's Markets UP UP UP Outdoor Display and Sales MUP MUP MUP MUP MUP Warehouse Retail P P P TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE Truck or Frei ht Terminal Flats — hased MUP MUP RETAIL SALES Truckin Facilities Mixed use roect— hased S 1 88.42.120 Warehouse Retail P MUP I MUP Notes (page 2-62): (6) Allowed only within the boundaries of an electric utility easement for high voltage transmission lines Notes (page 2-66): (61 Allowed on second or upper Floor only, except for uses existing on March 25 2005 which shall be considered conforming uses Table 2-2 (University District) Land Use Type Specific Use Regulations DU -MU DU -RM DU-RMO RECREATION, EDUCATION & PUBLIC ASSEMBLY Live Entertainment UP RESIDENTIAL USES Mixed use proiecl residential component (not stacked S 88.42.120 Flats — hased RETAIL SALES Mixed use project R S 88.42.120 Mixed use roect— hased S 1 88.42.120 Warehouse Retail P 88.24.020 - Downtown District Revise the following diagrams to correct district boundaries: - Development Strategy Plan Page 4 of 28 July 17, 2006 • • Exhibit "C". ZCA-221 Item # I Code Proposed Revision Development Code Revisions - Regulating Plan (at time of adoption) 2-88 88.24.010. Downtown —Town Center D. Site Planning and Building Design —Azusa Avenue Town Center 1. Building Placement Notes: The percentage of building frontage for front and side street setbacks may be reduced by the review authority to accommodate pedestrian plazas located between the street(s) and the building. 2. Packing Placement b. Side street setback: 610 ft min 4. PARCEL AND RESIDENTIAL DENSITY STANDARDS Zening-Distris4 General Plan Designation Minimum Parcel Size 1 Area (2) Width 1 Depth Maximum Density (units/acre) Public/Civic 10,000 sf 60 ft 100 ft 27 Bern 10,0006 604E 40" 27 Mixed Use 10,000 sf 60 ft 100 It 27 Res Mod 6,000 sf 60 ft 80 ft 27 Transit Ctr 10,000 sf 60 ft 100 ft 27 2-90 88,44.010. Downtown — Civic Center D. Site Planning and Building Design — Civic Center 1. Building Placement Notes: The percentage of building frontage for front and side street setbacks may be reduced by the review authority to accommodate pedestrian plazas located between the street(s) and the building 2. Parking Placement b. Side street setback: 610 ft min E.3. Building Height and Profile a. Height (1) Maximum: 3 stories or 40 ft, which ever is less (2) Exceptions: An area equal to 20% of the building's ground Floor footprint may exceed the maximum height by an additional story or 15 ft, whichever is less. b. Encroachments Galleries, Arcades, Awnings, Balconies, and Outdoor dining furniture may encroach into the setback and public right-of-way, and shall be limited to: Print date: 7/28/2006 Page 5 of 28 July 17, 2006 • Exhibit "C". ZCA-221 Item # I Daae # Proposed Revision (2) Side Street: 6 ft max (3) Maximum encroachment height is 2 stories. 4. PARCEL AND RESIDENTIAL DENSITY STANDARDS Zoning District General Plan Designation Minimum Parcel Size 1 Area (2) Width 1 Depth Maximum Density (units/acre) Public/Civic 10,000 sf 60 ft 100 ft 27 Gem 49 000 sf 6" 400-4 2-7 Mixed Use 10,000 sf 60 It 100 ft 27 Res Mod 6,000 sf 60 It 80 ft 27 Transit Ctr 10,000 sf 60 It 100 ft 27 Development Code Revisions 2-92 88.24.010. Downtown — Transit Village F. Site Planning and Building Design — Transit Village 1. Building Placement c. Sideyard Setback: 0 ft; 45 5 ft min for residential Notes: The percentage of building frontage for front and side street setbacks may be reduced by the review authority to accommodate pedestrian plazas located between the street(s) and the building. 2. Parking Placement b. Side street setback: 510 ft min G 3 Building Height and Profile a. Height (1) Maximum: 24/2 3 stories or 35 It for single use buildings, which ever is less: 3 stories or 40 It whichever is less for mixed use buildings. (2) Exceptions: An area equal to 20% of the building's ground floor footprint may exceed the maximum height by an additional story or 15 ft, whichever is less. b. Encroachments Galleries, Arcades, Awnings, Balconies, Porches, and Outdoor dining furniture may encroach into the setback and public right-of-way, and shall be limited to: (1) Front encroachment: 10 ft max (2) Side Street encroachment: 10 It max R (3) Side encroachment: 49 2 It max (3) (4) Maximum encroachment height is 2 stories. (5). Porches may encroach to within 5 ft of the front or side street propertv line 4. PARCEL AND RESIDENTIAL DENSITY STANDARDS Minimum Parcel Size 1 Maximum Print date: 7/28/2006 Page 6 of 28 July 17, 2006 • Exhibit "C". ZCA-221 Development Code Revisions Item # and # Proposed Revision General Plan Area (2) Width Depth Density Desi nation 1 units/acre Public/Civic 10,000 sf 60 ft 100 ft 27 Sem 40,000-6f 6" 40" 27 Mixed Use 10,000 sf 60 ft 100 ft 27 Res Mod 6,000 sf 60 ft 80 ft 27 Transit Ctr 10,000 sf 60 ft 100 ft 27 2-98 88.24.020. University District D. Site Planning and Building Design 1. Building Placement Notes: The percentage of building frontage for front and side street setbacks may be reduced by the review authority to accommodate pedestrian plazas located between the street(s) and the building. 2. Parking Placement b. Side street setback: 510 ft min 3 Building Height and Profile a. Height (1) Maximum: 2412 3 stories or 35 ft for single use buildings, which ever is less: 3 stories or 40 ftwhichever is less for mixed use buildings. (2) Exceptions: An area equal to 20% of the building's ground Floor footprint may exceed the maximum height by an additional story or 15 ft, whichever is less. b. Encroachments Galleries, Arcades, Awnings, Balconies, Porches, Patios, and Outdoor dining furniture may encroach into the setback and public right-of-way, and shall be limited to: (1) Front encroachment: 10 ft max (2) Side Street encroachment: 10 ft max (2) (3) Side encroachment: 40 2 ft max (3) (4) Maximum encroachment height is 2 stories. (5). Porches may encroach to within 5 ft of the front or side street propertv line. See Chapter 88.34-0.040 for definitions and exceptions c. Allowable Frontage Types Arcade, Shopfront, Forecourt, Stoop, Porch 4. PARCEL AND RESIDENTIAL DENSITY STANDARDS Zoning District Minimum Parcel Size 1 Maximum Area (2) Width Depth Density 1 units/acre Print date: 7/28/2006 Page 7 of 28 July 17, 2006 • • Exhibit "C", ZCA-221 Development Code Revisions Item # age # Proposed Revision Gem 10,0006 6" 400-# 27 Mixed Use DU -MU 10,000 sf 60 ft 100 ft 27 Ides Med DU-RMO 6,000 sf 60 ft 80 ft 27 Res -Med DU -RM 4,000 sf 45 ft 80 ft 15 2-104 88.24.030. Edgewood District D. Site Planning and Building Design 1. Building Placement Notes: The percentage of building frontage for front and side street setbacks may be reduced by the review authority to accommodate pedestrian plazas located between the street(s) and the building 2. Parking Placement b. Side street setback: 510 ft min 3. Building Height and Profile a. Height (1) Maximum: 2412 3 stories or 35 ft for single use buildings, which ever is less: 3 stories or 40 ft, whichever is less for mixed use buildings. (2) Exceptions: An area equal to 20% of the building's ground floor footprint may exceed the maximum height by an additional story or 15 ft, whichever is less. 2 b. Encroachments Galleries, Arcades, Awnings, Balconies, and Outdoor dining furniture may encroach into the setback and public right-of-way, and shall be limited to: (1) Front encroachment: 10 ft max (2) Side Street encroachment: 10 ft max (-2) (3) Side encroachment: 10 It max (3) (4) Maximum encroachment height is 2 stories. 2-112 88.24.040. West End Industrial District D. Site Planning and Building Design 2. Parking Placement b. Side street setback: Not FeqUiFed up to 60%10 ft min 3. Building Design and Profile b. Encroachments Galleries, Arcades, Awnings, Balconies and Outdoor dining furniture may encroach into the setback and public right-of-way, and shall be limited to: (1) Front encroachment: 10 ft max (2) Side Street encroachment 10 ft max (-2{ (3) Side encroachment: 10 ft max (3) (4) Maximum encroachment height is 2 stories or 40 ft. 4. PARCEL AND RESIDENTIAL DENSITY STANDARDS PARCEL AND RESIDENTIAL DENSITY STANDARDS Print date: 7/28/2006 Page 8 of 28 July 17, 2006 0 Exhibit "C", ZCA-221 Development Code Revisions Print date: 7/28/2006 Page 9 of 28 July 17, 2006 • U Exhibit "C", ZCA-221 Development Code Revisions Item # Code a e # Proposed Revision between the street(s) and the building. 2. Parking Placement b. Side street setback: 510 ft min 3. Building Height and Profile a. Height (1) Maximum: 2412 3 stories or 35 ft for single use buildings, which ever is less 3 stories or 40 ft whichever is less for mixed use buildings. (2) Exceptions: An area equal to 20% of the building's ground Floor footprint may exceed the maximum height by an additional story or 15 ft, whichever is less. b. Encroachments Galleries, Arcades, Awnings, Balconies, Porches. and Outdoor dining furniture may encroach into the setback and public right-of-way, and shall be limited to: (1) Front encroachment: 10 ft max (2) Side Street encroachment: 10 ft max (2) (3) Side encroachment: 49 2 It max (3) (4) Maximum encroachment height is 2 stories or 25 ft. N. Porches may encroach to within 5 ft of the front or side street property line 2-132 88.26.020. Azusa Avenue Corridor D. Site Planning and Building Design 1. Building Placement c. Sideyard Setback: 0 ft or 5 ft min for residential or when adjacent to residential d. Rear Setback: 0 ft or 5 ft min for residential or when adjacent to residential. Notes: The percentage of building frontage for front and side street setbacks may be reduced by the review authority to accommodate pedestrian plazas located between the street(s) and the building. 2. Parking Placement b. Side street setback: 510 ft min 3. Building Height and Profile a. Height (1) Maximum: 2412 3 stories or 35 ft for single use buildings, which ever is less: 3 stories or 40 ft, whichever is less for mixed use buildings. (2) Exceptions: An area equal to 20% of the building's ground Floor footprint may exceed the maximum height by an additional story or 15 ft, whichever is less. b. Encroachments Galleries, Arcades, Awnings, Balconies, Porches, and Outdoor dining furniture may encroach into the setback and public right-of-way, and shall be limited to: (1) Front encroachment: 10 ft max (2) Side Street encroachment: 10 ft max (2} (3) Side encroachment: 49 2 ft max (3) (4) Maximum encroachment height is 2 stories or 25 ft. (5). Porches may encroach to within 5 ft of the front or side street propely line. Print date: 7/28/2006 Page 10 of 28 July 17, 2006 u Exhibit "C", ZCA-221 Development Code Revisions Item # # Proposed Revision page 2-134 88.26.020. San Gabriel Avenue Corridor E. Site Planning and Building Design 1. Building Placement c. Sideyard Setback: 0 ft or 5 ft min for residential or when adjacent to residential d. Rear Setback: 0 ft or 5 ft min for residential or when adjacent to residential. Notes: The percentage of building frontage for front and side street setbacks may be reduced by the review authority to accommodate pedestrian plazas located between the streets) and the building. 2. Parking Placement b. Side street setback: 510 ft min 3. Building Height and Profile a. Height (1) Maximum: 24{2 3 stories or 35 ft for single use buildings, which ever is less: 3 stories or 40 ft, whichever is less for mixed use buildings. (2) Exceptions: An area equal to 20% of the building's ground floor footprint may exceed the maximum height by an additional story or 15 ft, whichever is less. b. Encroachments Galleries, Arcades, Awnings, Balconies, Porches. and Outdoor dining furniture may encroach into the setback and public right-of-way, and shall be limited to: (1) Front encroachment: 10 ft max (2) Side Street encroachment: 10 ft max (2) (3) Side encroachment: 40 2 ft max (3) (4) Maximum encroachment height is 2 stories or 25 ft. (5). Porches may encroach to within 5 ft of the front or side street property line 2-140 88.26.030.D.3 South Azusa Avenue Corridor D. Site Planning and Building Design 1. Building Placement c. Sideyard Setback: 0 ft or 4510 ft min for residential or when adjacent to residential d. Rear Setback: 0 ft or 4510 ft min for residential or when adjacent to residential. Notes: The percentage of building frontage for front and side street setbacks may be reduced by the review authority to accommodate Pedestrian plazas located between the street(s) and the building. 2. Parking Placement b. Side street setback: Net MqWiFed up to 600;10 ft min 3. Building Height and Profile a. Height (1) Maximum: 2412 3 stories or 35 ft for single use buildings, which ever is less: 3 stories or 40 ftwhichever is less for mixed use buildings. 2 Exceptions: An areaequal to 20% of the building's ground floor footprint may exceed the maximum height by an additional story or 15 ft, whichever Print date: 7/28/2006 Page 11 of 28 July 17, 2006 • Exhibit "C", ZCA-221 Development Code Revisions Item # Code page # Proposed Revision is less. b. Encroachments Galleries, Arcades, Awnings, Balconies, Porches. and Outdoor dining furniture may encroach into the setback and public right-of-way, and shall be limited to: (1) Front encroachment: 10 ft max (2) Side Street encroachment: 10 ft max (2) (3) Side encroachment: 49 2 ft max (3) (4) Maximum encroachment height is 2 stories or 25 ft. (5). Porches may encroach to within 5 ft of the front or side street property line 2-146 88.26.040. Arrow Highway Corridor D. Site Planning and Building Design 1. Building Placement c. Sideyard Setback: netreguired 0 ft, 10 ft min next to for residential or when adjacent to residential. d. Rear Setback: 25 ft, 50 ft next to residential 2. Parking Placement b. Side street setback: Net required Lip to 50,0410 ft min 3. Building Design and Profile a. Height (1) Maximum: 24/2 3 stories or 35 ft for single use buildings, which ever is less: 3 stories or 40 ft, whichever is less for mixed use buildings. _(2) Exceptions: An area equal to 20% of the building's ground floor footprint may exceed the maximum height by an additional story or 15 ft whichever is less. b. Encroachments Galleries, Arcades, Awnings, Balconies, Porches. and Outdoor dining furniture may encroach into the setback and public right-of-way, and shall be limited to: (1) Front encroachment: 10 ft max (2) Side Street encroachment: 10 ft max R (3) Side encroachment: 40 2 ft max (3} (4) Maximum encroachment height is 2 stories or 40 ft. (5). Porches may encroach to within 5 ft of the front or side street property line Article 3 8 3-4 88.30.014 - Dwelling Unit Minimum Floor Area Edit the table as follows: Other Multi -family housing (including second dwelling units and carriage houses) Note: Any room that can be easily used or converted to function as a bedroom will be counted as a bedroom in all instances where a Development Code standard is based on the number of bedrooms er unit. 9 3-6 88.30.020 - Fences, Walls, Hedges, and Screening Print date: 7/28/2006 Page 12 of 28 July 17, 2006 • Exhibit "C", ZCA-221 Development Code Revisions Item # Code page # Proposed Revision E. Specific fence and wall requirements. 5. Retaining walls. Any embankment to be retained that is over 48 inches five feet in height shall be benched so that no individual retaining wall exceeds a height of 364nshes five feet and each bench is a minimum width of 36 inches. 10 3-9 88.30.040 — Height Limits and Exceptions E. Corner cut-off Height limit at street -semens. A corner cut-off area for sight visibility purposes shall be provided Developmentprepesed adjacent to any public or private street or alley intersection in other than a corridor, district, or neighborhood center shall be de6 @Fied to provide a corner Gut off aFea See Figure 3.2 3. 1. Measurement of visibility area. a. Street corners and alleys. A corner -cut off area is a triangle def ned by measuring 15 feet from the intersection of the extension of the front and side street curb lines (or the right-of-way lines where there is no curb) and connecting the lines across the property. A corner cut-off area may include private property and/or public right-of-way. b. Driveways. i. Access to streets. A corner -cut off area is a triangular area which is formed by a straight line connecting a point ten feet back of the front or side street lot line and a point which is 15 feet on either side of a private driveway measured along the applicable front or street side lot line ii. Access to alleys. A corner -cul off area is a triangular area which is formed by a straight line connecting a point ten feet back of the rear lot line abutting the alley and a point which is ten feet on either side of a private driveway measured along the rear lot line 2. Height limit. No structure, sign, or landscape element shall exceed 36 42 inches in height within a corner cut-off area except as approved by the City Engineer, and except for trees with their canopy trimmed to a minimum of eight feet above grade. 11 3.12 88.30.060 — Setback Requirements and Exceptions C. Measurement of setbacks 2. Side setback. See Figure 3-4 3. 3. Rear setback. The rear setback shall be measured at right angles from the nearest point on the rear property line to the nearest line of the structure, establishing a setback line parallel to the rear property line. See Figure 3-4 3. D. Limitations on the use of setbacks. The use or occupancy of a required setback shall comply with the following standards. 5 Outdoor dining Outdoor dining is permitted within the required front setback or side street setback when approved by the design review authority. E. Allowed prefeGtens encroachments into setbacks. TABLE 3-2—ALLOWED PROJECTIONS ENCROACHMENTS INTO SETBACKS Change within the table: Izrejest ng encroaching F. Setback requirements for specific structures: 4. Swimming pool, hot tub, etc. A permanent swimming pool, hot tub, or spa shall be set back a minimum of 40 5 feet from side and rear property lines, and shall not be located within a front setback. A 6w FnFn ng peel, hot tub-, 12 3.18 88.31.020. — Noise Standards C. Noise source standards. 3. Limitation on hours of construction. In order to allow construction schedules to take advantage of the weather and normal daylight hours, and to ensure that nearby residents as well as nonresidential activities are not disturbed by the early morning or late night activities, the City has established the following limits on construction, in compliance with Table 3-5 or as required by conditions of approval. Print date: 7/28/2006 Page 13 of 28 July 17, 2006 • Exhibit "C°, ZCA-221 Development Code Revisions Item # Code page # Proposed Revision Table 3-5 Allowable Hours of Construction Day Allowable Hours Monday -Friday Saturday 7:00 am -7406:00 pm Extended construction hours may only be allowed by the review authority through conditions of - a roval between 7 6 p.m. and 10 lom Sat -Sun and National Holidays Construction activities may only be allowed by the review authority through conditions of approval between 9 a.m. and 5 p.m. 13 3-29 Chapter 88.34 - Landscaping Standards 88.34.020 - Applicability The provisions of this Chapter apply to all land uses as follows: A. New projects. Each new nonresidential, single-family tract, and multi -family residential project shall provide landscaping in compliance with this Chapter. All residential development projects shall provide street trees in compliance with Section 88.34.060.B.2.d 3 . 14 3-31 88.34.050 Landscape Location Requirements D. Parking areas. 3. Perimeter parking lot landscaping. c. Adjacent to structures. (1) When a parking area is located adjacent to a nonresidential structure, a minimum eight -foot wide (inside dimension) landscape strip shall be provided adjacent to the structure, exclusive of any building entries, or areas immediately adjacent to the wall of the structure that serve as pedestrian accessways. (2) When a driveway is located adiacent to a multi -family residential structure a minimum three-foot wide (inside dimension) landscape strip shall be Provided adiacent to the structure exclusive of any building entries or areas immediately adiacent to the wall of the structure that serve as pedestrian acoesswa s. 15 3-39 Chapter 88.36- Parking and Loading 88.36.020 - Applicability D. Modification of parking requirements through discretionary permit approval. The review authority may require provision of more OF fewer off-street parking and loading spaces than otherwise required by this Chapter as a condition of approval of a discretionary permit where the review authority determines that the circumstances of the particular case require a different number of spaces than required by this Chapter, 16 3-40 88.36.050 - Number of Parking Spaces Required E. Excessive parking. The City discourages providing more off-street parking spaces than required by this Chapter, to avoid the inefficient use of land, unnecessary pavement, and excessive storm water runoff from paved surfaces. The provision of off-street parking spaces for nonresidential land uses in excess of the requirements in Article 2 is allowed only with Use Permit approval, and only when additional landscaping and pedestrian amenities are also provide d to the satisfaction of the review authority. 17 3-41 TABLE 3-7 - PARKING REQUIREMENTS BY LAND USE Change sf to sf of qfa Add note: Print date: 7/28/2006 Page 14 of 28 July 17, 2006 • Exhibit "C", ZCA-221 Item # and # Proposed Revision fa means " ross floor area" 18 3-43 Table 3-7 PARKING REQUIREMENTS BY LAND USE Land Use Type Vehicle Space Required Print date: 7/28/2006 courtyard units Studio or and one -bedroom unit Two to four bedroom units 5 or more bedroom units Guest parking Multi -family dwelling — apartments Studio or and one -bedroom unit Two or more bedroom unit Guest parking for all of the above 1 guest space for each 3 units in a project of 5 or more units. 1 covered space within a garage for each unit 2 covered spaces within a garage for the first 2 bedrooms, plus one additional space, covered or Land Use Type:I Vehicle Spaces Required Retail Trade All "Retail Trade" uses listed under "Retail Trade" in 1 1 space for each 250 sf of floor area Multi -tenant center: Less than 30,000 sf 1 space for each 250 sf of floor area plus 1 per tenant space. 30,000 sf to 100,000 sf 1 space for each 300 sf of floor area. Page 15 of 28 Development Code Revisions July 17, 2006 • Exhibit "C", ZCA-221 Item # ��o Proposed Revision More than 100,000 sf 11 space for each 350 sf of floor area. 1 space for each 19 3.48 88.36.090 — Parking Design and Development Standards D. Parking stall and aisle dimensions. Table 3-8 MINIMUM PARKING STALL AND LOT DIMENSIONS Length Width 20 feet including bumper overhang. See Subsection 1 below. 9 I 20 feet for residential garage stalls 10 ft for residential garage stalls 23 24 ft for Parallel stalls 8 ft 10 ft when ad'acent to a wall 36 feet for 2 -car tandem stalls 10 ft for tandem stalls PARKING AISLE WIDTH tgle of Parking Spaces to Aisle 18 feet 4f, Development Code Revisions 2U 1 3-49Amend diagram — Figure 3-5 - to show a 5 ft end stall turnaround dimensions. 21 3-49 88.36.090 - Parking Design and Development Standards E. Tandem parking. The term "tandem space or stall" in sections EA and E.2 below shall mean a parking stall that is not independently accessible because another stall is located immediately behind it Tandem parking is allowed only for: 1. A multi -family residential project, where a maximum of 25 percent of the spaces required for the project may be authorized as tandem through Minor Use Permit approval; or 2. A single-family dwelling, where one twe of three required spaces may be tandem. 22 3-51 88.36.100 - Driveways and Site Access D. Clearance from obstruction. 1. The nearest edge of a curb cut shall be at least three feet from the nearest property line, the centerline of a fire hydrant, light standard, traffic signal, utility pole, or other similar facility. Print date: 7/28/2006 14 feet in height; except within a Page 16 of 28 the review authority to July 17, 2006 • 0 Exhibit "C", ZCA-221 Development Code Revisions Item # Code Proposed Revision seven feet, six inches. 2. Driveways to residential garages must be maintained free of obstructions to allow vehicles to access garage parking stalls A turning radius of 24 ft shall be used to determine accessibilil . 23 3.52 88.36.110 - Loading Space Requirements. A. Number of loading spaces required. Nonresidential uses buildings shall provide off-street loading spaces in compliance with Table 3-10. Re uirements for uses not listed shall be determined b the Director based upon the requirements for comparable uses. 24 3-58 Chapter 88.38 —Signs 88.38.035 - Exemptions from Sign Permit Requirements C. Civic and Governmental Signs. Signs installed or authorized by the City, County, or a Federal or State governmental agency, including but not limited to the following: 6. Siqns identifying one or more of the following entities: a. services clubs, such as Rotary, Kiwanis etc.; b. City districts or points of interest: c. charitable organizations: D. Miscellaneous 6. Holidav window dis la s 25 3-60 88.38.040 - Prohibited Signs All signs not expressly allowed by this Chapter shall be prohibited. Examples of prohibited signs include the following: B. Animated signs, including electronic message display signs whose message changes more frequently than once every five minutes and variable intensity, blinking, or Flashing signs, or signs that emit a varying intensity of light or color, except time and temperature displays (which are not considered signs). An electronic message display, including time, date, temperature, weather, directional information, or other public service messages of interest to the general public where the display changes less frequently than once every five (5) minutes shall not be considered an animated sign. "Notwithstanding the above restrictions the existing reader board sign on Azusa Avenue and the 1-210 Freeway, as maintained or remodeled shall be exempt from the above provision" C. Balloons and other inflatable devices, except on a site owned by the City and except as provided for in 88.38.070.F Tem ora signs; 26 3-65 88.38.050. General Requirements for All Signs J. Maintenance of signs 4. When an existing sign is removed or replaced, all brackets, poles, and other supports that are no longer required shall be removed. When an existing wall sin is removed or replaced, all holes faded wall surfaces shall be repaired and gainted to match the surrounding wall surface. 27 3-66 ModifyFigure 3-9 Examples of Sign Types to show "Business Frontage" 28 3.67 88.38.060 — Sign Standards by Area Table 3-12 Maximum Number of Signs Allowed per Parcel. Site or Structure with 4 or more tenants: 1 of any allowed sign type per business frontage, unless additional signs are authorized by the review authority throu h a Master Sin Plan approval. 29 3-70 88.38.070. Standards for Specific Sign Types F. Temporary signs 2. Construction signs, Construction identification signs may be allowed in all zoning districts with sign permit approval, in compliance with the following Print date: 7/28/2006 Page 17 of 28 July 17, 2006 • • Exhibit "C", ZCA-221 Item # I a°p Proposed Revision Development Code Revisions a. Only one sign per street frontage, located on-site, shall be allowed; b. The area and height of the sign shall not exceed: 32 squarefeet; Parcel size Max Sign Area Max Height Less than 1 acre 32 sf 6 ft 1 acre — 4 acres 64 sf loft greater than 4 acres 100 sf 15 It G. Sign he ght shall net exGeed s x feet; and d -c. The sign shall not be illuminated. 4. Subdivision directional signs, off-site. Off-site signs providing directions to a new subdivision may be allowed with sign permit approval, only when fiFs "lthGFgzed as part of the appFG •^' of the ^ ba' ' , and shall comply with the following standards: a. The signs shall be located on private property (not within any public right-of-way) except in accordance with subsectiong. below; b. The total area of each sign shall not exceed 12 square feet; c. The height of each sign shall not exceed six feet; d. The signs shall not be illuminated; e. The signs may be displayed only during the two years following date of recordation of the final map, or until all of the units have been sold, whichever first occurs; and f. The signs shall not affect pedestrian or vehicular safety. feet. q. For subdivisions consisting of more than 100 parcels subdivision directional signs may be located within a public right-of-way pursuant to a Master Sian Plan The number, height and size of each sign shall be established through the approval of the Master Sign Plan 6. Balloon signs and other inflatable devices Balloons and other inflatable devices on Private property shall be allowed with a temporary sign permit for a 30 4-22 Chapter 88.42 — Standards for Specific Land Uses 88.42.020 — Accessory Structures C. Setbacks 1. Rear yard setback. a. Lots without rear alley access A detached accessory structure shall not cover more than 35 percent of a required rear setback area and shall be set back a minimum of three feet from the rear lot line. The wall facing the rear lot line shall have no openings, unless the rear lot line abuts an alley. b. Lots with rear alley access For lots with rear alley access a detached garage which provides vehicular access to the alley only shall not cover more than 80 Percent of the rear setback area and shall be set back a minimum of three feet from the rear lot line 2. Side yard setbacks. In interior side yards, detached accessory structures may be set back three feel from the side yaRksetbask property line, if the structure is set back a minimum distance of 75 feet from the front lot line. If the structure is set back less than 75 feet from the front lot line, the structure shall be set back three five feet from the side yard set back. On a reverse corner lot, accessory structures shall be set back from the street at the same or greater distance as the setback line for the adjacent key lot see Figure 4-1). No accessory structure shall be permitted within a street side yard of a corner lot. Print date: 7/28/2006 Page 18 of 28 July 17, 2006 • • Exhibit "C", ZCA-221 Development Code Revisions Item # Code page # Proposed Revision F Bathrooms in Detached Garages Bathrooms shall not be permitted within detached garages unless the garage is located adjacent to a permanent swimming -pool. 31 4-25 88.42.040 - Animal Keeping Where allowed b Article 2 (Urban Standards) Ghapt6F 2=n (Allowable and Uses), y ,... (Allowable Land animal keeping shall comply with the regulations of this Section. 9. One horse, one cow, or one goat, provided the lot has a minimum area of one acre. Additional animals may be permitted subject to the issuance of a Use Permit in com fiance with the provisions of Cha ter 88.51.050 32 4-29 88.42.080 - Condominium Conversions Where multi -family structures are allowed by Article 2 (Urban Standards), their conversion to condominiums shall comply with the regulations of this Section. A. Purpose. The requirements of this Section for the conversion of existing nonresidential rental units or buildings and multi -family rental housing to condominiums are intended to: 1. Reduce the impact of conversions on residents in rental housing who may be required to relocate due to the conversion of apartments to condominiums; 2. Ensure that the purchasers of converted nonresidential units or buildings and housing have been properly informed of the physical condition of the structure offered for purchase; 3. Ensure that converted housing and nonresidential uses achieves high quality appearance and safely, is consistent with the goals of the General Plan, and complies or is legally nonconforming with the residential density and building intensity requirements of the General Plan; 4. Attempt to provide an opportunity for housing ownership of all types, for all levels of income and in a variety of locations, and a variety of business ownership types; and 5. Attempt to maintain a supply of rental housing for low and moderate income persons and families. C. Permit requirement. Use Permit approval (Section 88.51.050) shall be required to convert existing dwelling units or nonresidential units or buildings to a condominium subdivision. 33 4-32 88.42.090 - Funeral Merchandise Where allowed by Article 2 Urban Standards , the sale of funeral merchandise shall comply with the regulations ... 34 4-33 88.42. 100 - Home Occupations Where allowed b A-rticle 2 (Urban Standards) GhapteF 2.20 (Allowable end Uses), home occupations shall comply with the regulations of this Section. The operation of a large family day care home in a single-family dwelling is instead subject to the requirements of Section 88.42.060xxx (Child Day Care Facilities). 35 4-38 88.42.120 - Mixed Use Projects D. Site layout and project design standards 1. Location of units. A mixed use project may be either vertical mixed use, or horizontal mixed use; provided that residential units shall not occupy ground floor space within the first 7-5 50 feet of floor area measured from each building face adjacent to a public or private street. Also chane Figure 4-3. 36 4.43 88.42.142 - Multi -Family Courtyard Housing Projects A.1.a. The first floor of a structure building, up to a maximum height of 12 feet, may extend 10 feet into the required rear yard setback. The second floor up to a maximum height of 24 feet, may extend five feet into the required rear setback. An area equal to the area of the required rear setback that is occupied by the building shall be provided as common open space at grade level in the courtyard area, in addition to all required front and side setbacks. 37 4.68 Chapter 88.46— Telecommunications Facilities 88.46.060 - Facility Design and Development Standards A. Facility placement. Print date: 7/28/2006 Page 19 of 28 July 17, 2006 • Exhibit "C", ZCA-221 Development Code Revisions Item # Code page # Proposed Revision 1. Standards for all facilities. b. A ground -mounted communication facility (including towers and antennas) shall be setback from the property line at a ratio of one horizontal foot for every one foot in height. Except that the review authority may reduce a rear or non -street side setback for a stealth designed facility if the adjoining property is zoned OS or REC and is currently undeveloped and unlikely to be developed because of natural development constraints such as the presence of steep hillsides, utilities, or water features. B. Height limitations. 1. All ground mounted communication equipment, antennas, poles, or towers shall be of a minimum functional height, but in no case shall not exceed 40 feet unless so authorized by the review authority. Up to 50 feet may be approved where the review authority determines that co -location requirements or effective transmission re vires a hi her facili . Article 5 38 5-4 Chapter 88.50— Planning Permit Filing and Processing 88.50.030 — Concurrent Processing Table 5-1 Review Authority Variance — Mao Notes: (2) Decisions on Design Review are by the Director, except that where the project also requires discretionary planning permit approval (i.e., Minor Use Permit, Use Permit, Minor Variance, or MaO Variance), Design Review shall instead be by the review authority for the other discretionary planningpermit. 39 5.7 Chapter 88.51 - Permit Review and Decisions Sections: 88.51.010 - Purpose of Chapter 88.51.020 - Zoning Clearance 88.51.030 - Temporary Use Permits 88.51.040 - Use Permits and Minor Use Permits 88.51.050 - Variances and Minor Variances 88.51.060- Zoning Amendments 88.51.070 - Specific Plans 88.51.080 — General Plan Amendments 88.51.0690 - Resubmittals 40 5-8 88.51.030 Temporary Use Permits D. Exempt temporary activities. The following temporary activities are allowed without Temporary Use Permit approval. Temporary activities that do not fall within the following categories shall comply with Subsection E. 2. Garage sales. Garage sales, not to exGeed Wee pef yeaF, and two oonseGutye days fGF each sal , provided that each garage sale shall comply with Munici al Code Section 18-531 et seg. (Garage and Lawn Sales 41 5-11 88.51.032 - Design Review B. Applicability. Design Review is required for: 3. Second Floor additions to existing dwellings, alterations (including siding new windows wainscoting doors columns porches etc.) to facade visible from a street, and/or round Floor additions that increase existingFloor area b more than 30 29 % or 499 s uare feet mere; and 42 5-12 88.51.032 — Design Review Print date: 7/28/2006 Page 20 of 28 July 17, 2006 • 9 Exhibit "C", ZCA-221 Development Code Revisions Item # # Proposed Revision and D. Application filing and processing. An application shall be prepared, filed, and processed in compliance with Chapter 88.50 (Planning Permit Filing and Processing). It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection F- E. 1. Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Development Code The Director may approve or deny a Design Review application without a public hearing or may choose to refer any Design Review application to the Commission for a hearing and decision When an application is referred to the Commission for a hearing notice of the public hearing shall be provided and the hearing shall be conducted in compliance with Chapter 88.58 (Public Hearings). 2 Exception — Two story homes or Second Story additions to single-family dwellings For applications for a two story home or second story addition in neighborhoods where the majority of the existing dwellings are single -story, the Director may approve or deny a Design Review application without a public hearing only after notifying property owners within 300 feet of the subject property. a. Content of public notice The notice shall state that the Director will decide whether to approve or deny the application on the date specified in the notice and that a public hearing will held only if requested in writing by any interested person prior to the specified date for decision b Notice and hearing When a hearing is requested notice of the hearing shall be provided in compliance with Chapter 88.58 (Public Hearings) and the Director shall conduct the public hearing prior to a decision on the application in compliance with this Section. 43 5-13 88.51.050 — Use Permits and Minor Use Permits E. Project review, notice and hearing. Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Development Code. 2. Minor Use Permit. The Zoning Administrator may approve or deny a Minor Use Permit without a public hearing, or may choose to refer any Minor Use Permit application to the Commission for a hearing and decision in the same manner as provided for a Use Permit in Subsection E.1, above. a. Content of public notice. The notice shall state that the Zoning Administrator will decide whether to approve or deny the Minor Use Permit application on the date specified in the notice, and that a public hearing will held only if requested in writing by any interested person prior to the specified date for decision. b. Content of request for hearing A written reguest for a hearing must state the reasons why the interested person believes that the Zoning Administrator's proposed decision is in conflict with the goals and policies of the General Plan and/or standards of the Development Code c. Notice and hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 88.58 (Public Hearings), and the Commission shall conduct the public hearing prior to a decision on the application in compliance with this Section. 88.51.070 — Variance and Minor Variance E. Project review, notice and hearing. Each application shall be reviewed by the Zoning Administrator to ensure that the proposal complies with all applicable requirements of this Development Code. 2. Minor Variance. The Zoning Administrator may approve or deny a Minor Variance without a public hearing, or may choose to refer any Minor Variance application to the Commission for a hearing and decision in the same manner as provided for a Variance in Subsection E.1, above. a. Content of public notice. The notice shall state that the Zoning Administrator will decide whether to approve or deny the Minor Variance application on the date specified in the notice, and that a public hearing will held only if requested in writing by any interested person prior to the specified date for decision. b Content of request for hearing A written request for a hearing must state the reasons why the interested person believes that the Zoning Administrator's proposed decision is in conflict with the goals and policies of the General Plan and/or standards of the Development Code c. Notice and hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with Chapter 88.58 (Public Hearings), and the Commission shall conduct the public hearing prior to a decision on the application in compliance with this Section. 44 5-16 88.51.060- Zoning Amendments Print date, 7/28/2006 Page 21 of 28 July 17, 2006 • Exhibit "C", ZCA-221 Development Code Revisions Item # Code # Proposed Revision page A. Initiation. Notwithstanding the provisions of Chapter 88.50 (Planning Permit Filing and Processing) of this Development Code initiation of amendments to the zoning map or modification of the provisions of this Development Code shall be as follows 1. By action of the City Council; or 2. By action of the Planning Commission or 3. By action of City staff, or 4 By application by one or more property owners of property proposed for rezoning Such application shall be filed as required by Chapter 88.50 (Planning Permit Filing and Processing) Furthermore the application shall explain the reason of public necessity, convenience health safety, or general welfare requiring such amendment. B. Investigation by Planning Commission The Planning Commission shall direct its staff to investigate the facts bearing upon the proposed zone change or Development Code amendment including the analysis of precedent cases as appropriate, to provide the necessary information to enable the Commission to act C. Proceedings - Planning Commission 1. Upon the acceptance of a completed application or direction to take action as described in Section 88 51 060 A the Director or his designee shall review the application pursuant to Section 88.51.060.13 above The Director shall prepare a recommendation and forward the recommendation application and other relevant materials to the Secretary to the Planning Commission The Secretary shall schedule the matter for public hearing before the Planning Commission pursuant to the provisions of this Development Code 2. The Planning Commission shall hear and take action upon the application pursuant to the provisions of Section 88.58 (Public Hearings) The Commission may continue the hearing from time to time and no additional notification shall be required 3 The Commission shall act to recommend approval approval with modifications or denial of the application A majority 1w&4 w& vote of the-t®tal Commission voting members is required to recommend approval or approval with modifications 4. The Commission shall make its findings and recommendations in writing and shall transmit its report together with the application to the City Clerk not more than 35 days from completion of the hearing. A copy of the report shall also be transmitted to the applicant D. Proceedings - City Council, 1 Upon receipt of a Planning Commission report recommending denial of a zone change or amendment no additional action shall be taken and the recommendation of the Planning Commission will be considered final and the Commission's decision will be considered final unless within 20 calendar days after the Planning Commission's decision an appeal is filed pursuant to Section 88.56 (Appeals) of this Development Code or unless the City Council sets the matter for Council hearing All such hearings shall be noticed and conducted as provided for in Section 88.58 (Public Hearing 2 Upon receipt of a Planning Commission report recommending approval of a zone change or amendment the City Clerk shall set the matter for hearing before the City Council as provided for in Section 88.58 (Public Hearings) 3 If there is a hearing the City Council shall hear and take action upon the application pursuant to the provisions of Section 88.58 (Public Hearings) 4. If there is a hearing the Council shall act to approve or deny the application requesting a zone change or Development Code amendment 5. If the Council proposes anv substantial modification to the application not previously considered by the Planning Commission the Council shall refer the matter back to the Commission for consideration. No public hearng shall be reauired. Failure of the Commission to act within 40 da)Ls of receiving the Print date: 7/28/2006 Page 22 of 28 July 17, 2006 • Exhibit "C". ZCA-221 Development Code Revisions Item # Code Proposed Revision pageCouncil's request shall provide the Council with the authority to act without the Commission's recommendation E. Findings Required. The Planning Commission and City Council shall be required to make the following findings of fact before approving a zone change or Development Code amendment: 1 That the proposed amendment is consistent with the goals policies and objectives of the general plan any applicable specific plan development agreement Owner Participation Agreement or Disposition and Development Agreement and 2. That a proposed zone change will not adversely affect surrounding properties 88.51.070 - Specific Plans A. Initiation. Notwithstanding the provisions of Chapter 88.50 (Planning Permit Filing and Processing) of this Development Code initiation of a specific plan or an amendment to a specific plan shall be as follows: 1. By action of the City Council or 2. By action of the Planning Commission or 3. By action of City staff or 4 By application by one or more property owners of property for which the specific plan is proposed Such application shall be filed as required by Chapter 88.50 (Planning Permit Filing and Processing) Furthermore the application shall explain the reason of public necessity, conveniencehealth safety, or general welfare requiring the adoption or amendment to a specific plan B. Investigation by Planning Commission. The Planning Commission shall direct its staff to investigate the facts bearing upon the proposed specific plan or amendment including the analysis of precedent cases as appropriate, to provide the necessary information to enable the Commission to act C. Proceedings - Planning Commission, 1. Upon the acceptance of a completed application or direction to take action as described in Section 88.51.070.A. the Director or his designee shall review the application pursuant to Section 88.51.070.B above The Director shall prepare a recommendation and forward the recommendation application and other relevant materials to the Secretary to the Planning Commission The Secretary shall schedule the matter for public hearing before the Planning Commission Pursuant to the provisions of this Development Code. 2 The Planning Commission shall hear and take action upon the application pursuant to the provisions of Section 8858 (Public Hearings) The Commission may oonfinue the hearing from time to time and no additional notification shall be required 3. The Commission shall act to recommend approval approval with modifications or denial of the application A hve-tifs maiudty vote of the teW Commission voting members is required to recommend approval or approval with modifications 4 The Commission shall make its findings and recommendations in writing and shall transmit its report together with the application to the City Clerk not more than 35 days from completion of the hearing A copy of the report shall also be transmitted to the applicant D. Proceedings - City Council. 1. U on recei t of a Plannino Commission report recommending denial of a specific plan or amendment no additional action shall be taken and the Print date: 7/28/2006 Page 23 of 28 July 17, 2006 • • Exhibit "C", ZCA-221 Development Code Revisions Item # Proposed Revision pagend# recommendation of the Planning Commission will be considered final and the Commission's decision will be considered final unless within 20 calendar days after the Planning Commissions derision an appeal is filed pursuant to Section 88.56 (Appeals) of this Development Code or unless the City Council sets the matter for Council hearing. All such hearings shall be noficed and conducted as provided for in Section 88.58 (Public Hearings) 2 Upon receipt of a Planning Commission report recommending approval of a specific plan or amendment the City Clerk shall set the matter for hearing before the City Council as provided for in Secfion 88.58 (Public Hearing 3 If there is a headnq the City Council shall hear and take action upon the application pursuant to the provisions of Section 88.58 (Public Hearing 4 If there is a headnq the Council shall act to approve or deny the application requesting a approval of a specific plan or amendment 5 If the Council proposes anv substantial modification to the application not previously considered by the Planning Commission the Council shall refer the matter back to the Commission for consideration. No public hearing shall be required Failure of the Commission to act within 40 days of receiving the Council's request shall provide the Council with the authority to act without the Commission's recommendation E. Findings Required. The Planning Commission and QtV Council shall be required to make the following findings of fact before approving a specific plan 1 That the proposed specific plan is consistent with the goals policies and objectives of the general plan any applicable specific plan development agreement Owner Participation Agreement or Disposition and Development Agreement and 2. That a proposed specific plan will not adversely affect surrounding properties 88.51.080 — General Plan Amendments A. Inifiation. Amendments to the general plan text or land use policy map may be initiated in the same manner as a zone change or Development Code amendment as provided for in Sections 88.51.060. B. Proceedings - Planning Commission. 1. Upon the acceptance of a completed application or upon receiving direction to take action as described in Section 88.51.080.A, the Director or his designee shall review the application The Director shall prepare a recommendation and forward the recommendation application and other relevant materials to the Secretary to the Planning Commission The Secretary shall schedule the matter for public hearing before the Planning Commission pursuant to the provisions of this Chapter. 2 The Planning Commission shall hear and take action upon the application pursuant to the provisions of Section 88.58 (Public Hearings) The Commission may continue the hearing from time to time and no additional notification shall be required 3. The Commission shall act to recommend approval approval with modifications or denial of the application or resolution A majority vote of the tetal Commission voting members is required to recommend approval or approval with modifications 4. The Commission shall make its findings and recommendations in writing and shall transmit its report together with the application to the City Clerk not mare than 35 days from completion of the hearing. A copy of the report shall also be transmitted to the applicant C. Proceedings - City Council. 1 Upon receipt of the Planning Commission report the City Clerk shall set the matter for hearing before the City Council as provided for in Section 88.58 (Public Hearns. Print date: 7/28/2006 Page 24 of 28 July 17, 2006 • • Exhibit "C", ZCA-221 Development Code Revisions Item # # Proposed Revision and 2 The City Council shall hear and take action upon the application pursuant to the provisions of Section 88.58 (Public Hearing 3. The Council shall act to approve approve with modifications or deny the application A majority vote of the total Council voting members is required to adopt or amend the general plan. 4. The Council's action to adopt or amend the general plan shall be by formal resolution 5 If the Council proposes anv substantial modifications to the application not previously considered by the Planning Commission the Council shall refer the matter back to the Commission for consideration No public headnq shall be required Failure of the Commission to act within 40 days of receiving the Council's request shall provide the Council with the authority to act without the Commission's recommendation D. Findings Required. Prior to approving or recommending approval of a general plan amendment the responsible hearing body shall make the following findings 1. That the proposed amendment is in the public interest and that there will be a community benefit resulting from the amendment 2. That the proposed amendment is consistent with the other goals policies and objectives of the general plan, 3 That the proposed amendment will not conflict with provisions of the Development Code subdivision regulations or any applicable specific plan and 4 In the event that the proposed amendment is a change to the land use policy map that the amendment will not adversely affect surrounding properties 88.51.0890 - Resubmittals 45 5-17 Chapter 88.52 - Permit Implementation, Time Limits, Extensions Sections: 88.52.010 - Purpose 88.52.020 - Effective Dates 88.52.030 - Performance Guarantees 88.52.040 - Time Limits and Extensions 88.52.050 - Changes to an Approved Project 89.52.060 Permits te Run with the Land 88.52.080 060- Covenants of Easements 88.52.080 060 - Covenants of Easements a e.5-19 46 5-27 Chapter 88.54 — Nonconforming Uses, Structures, and Parcels 88.54.040 - Exemptions from Limitations on Nonconformities D. Nonresidential Wall/Fence Height within front setback Where a nonconforming front setback has been established by the location of an existing surface parking lot said setback line shall function as the front setback for the purpose of regulating allowable fence or wall heights 47 5-28 88.54.100 - Required Termination of a Nonconforming Use, Structure or Site Improvement B. Amortization schedule and effect of terminafion requirement. The Council finds and determines that nonconforming uses, structure or site improvement are contrary to the orderly development of the City of Azusa, and have the potential to adversely affect public health, safety, and welfare, and shall, therefore, be discontinued, or brought into conformity with all applicable provisions of this Development Code in compliance with this Section. 1. Amortization and termination required. A land use, structure or site improvement that is made nonconforming by the adoption of this Development Code or an amendment to this Development Code shall be discontinued, or brought into conformity with all applicable provisions of this Development Code, within Print date: 7/28/2006 Page 25 of 28 July 17, 2006 10 • Exhibit "C", ZCA-221 Development Code Revisions Item # # Proposed Revision and the following time periods from the date of the service of notice by the City in compliance with Subsection @ C. h. trash enclosures — one year 48 Chapter 88.56 - Appeals and Revocations A. Eligibility. An appeal may be filed by: 3. The City Council by a majority vote may call uo a decision of the Director Zoning Administrator, or Planning Commission 88.56.050 — Revocations Upon determination that there has been a violation of the terms or conditions of any permit or approval granted under this chapter 88 (Development Code) or if a determination is made that a permit or approval was obtained by deception or fraud or has been determined to be a public nuisance the Director, planning commission or city council shall have the authority to initiate revocation proceedings 88.56.060. Revocation Procedures. (a) The Director shall schedule a hearing before the Zoning Administrator Planning Commission or City Council whichever authority commenced the original proceedings approving the Permit application. (b) At least len days prior to the hearing written notice of the hearing shall be served to the owner of the property for which the permit or approval was granted The notice may be served either in person or by registered mail return receipt requested (c) At the hearing the Director shall present evidence supporting the motion for permit or approval revocation The owner of the property subject to the hearing shall be given the opportunity to present reasons why the permit or approval shall not be revoked (d) The hearing body shall make a decision regarding the revocation based upon the information presented at the hearing and shall make findings and report its decision in a formal and numbered resolution The property owner shall have the same right of appeal as is applicable for the original permit or a roval. Article 6 49 New page Article 6: Enforcement and Penalties for the Development Code 6-1 Chapter 88.60 — Enforcement and Penalties Sections: 88.60.010 - Purpose 88.60.020 — General Enforcement Authority Regarding the Development Code 88.60.030 — Penalties 88.60.040 — Permit Revocation Authority and Procedures 88.60.050 —City Attorney Duties 88.60.010 - Purpose The urpose of this article is to promote the public health safety and welfare by establishing the procedural and legal means to enforce the provisions of this Development Code. In addition, the article will identify general penalties and remedies for such violations 88.60.020 - General Enforcement Authority Regarding the Development Code (a) In addition to the enforcement authority provided in Chapter 1 of the Municipal Code the City Manager or designated Code Enforcement Official shall have the authority to promulgate policies reasonably necessary to implement the intent and provisions of the Development Code including Print dale: 7/28/2006 Page 26 of 28 July 17, 2006 • • Exhibit "C", ZCA-221 Development Code Revisions Item # Code Proposed Revision provisions of the Building, Electrical, Plumbing, and Mechanical Regulations. The City Manager or designated Code Enforcement Official shall coordinate and develop programs and policies for the consistent and uniform enforcement of the Development Code (b) Violations of this Development Code may also be enforced by using any of the enforcement remedies referred to in Chapter 1 of the Municipal Code and in this article. This article and any other applicable sections of the Municipal Code shall be read together in any administrative or judicial proceeding to form the basis of a Development Code violation General enforcement definitions that may govern the application of this article are also found in Chapter 1 of the Municipal Code. (c) It shall be the duty of the City Manager Economic and Community Development Director Assistant Director of Community Development the Building Official and the Community Improvement Officer to enforce the provisions of this title 88.60.030 Penalties It shall be unlawful for any person to erect construct enlarge alter, repair, move use occupy or maintain any real or personal property or portion thereof in the city or cause the same to be done contrary to or in violation of any provisions of this title Likewise it shall be unlawful for any person to carry out the use authorized by any entitlement application building permit or grading permit in violation of any of the conditions of approval attached to such entitlement which are incorporated by reference in this title Any person violating any such provisions or failing to comply with any of the mandatory requirements of this article or any code adopted by reference by this title or any other City ordinance shall be guilty of a misdemeanor, unless such violation is specifically designated in this title as constituting an infraction provided that where the City Attorney or other prosecutor determines that such action would be in the interests of justice the City Attorney or other prosecutor may prosecute any such offense as an infraction In the event a notice to appear is prepared as a misdemeanor, the City Attorney or other prosecutor may nonetheless prosecute any such offense as an infraction Violators shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code or any provision of any code adopted by reference by this Code or of any other City ordinance is committed continued or permitted by such person and may be punished accordingly, In addition. the City Manager or designated Code Enforcement Official may also seek criminal or civil injunctive relief and civil penalties in the Superior Court or pursue any administrative remedy provided in Chapter 1 of the Municipal Code including administrative abatement revocation of permits recordation of notice of violation, and withholding of issuance of City permits 88.60.040 Permit Revocation Authority and Procedures Except as otherwise provided if the City Manager determines that there has been a violation of the terms conditions lawful requirements or provisions of any development permit construction permit or approval issued by the City, the City Manager may, in addition to any other remedies provided in the Municipal Code or in this article, issue a notice of intent to revoke in accordance with Chapter 88 56 88.60.050 City Attorney Duties The City Attorney, upon request of the City Council shall institute any necessary legal proceedings to enforce the provisions of this title and he or she is authorized, in addition to the remedy provided in this chapter, to institute an action for an injunction to restrain or any other appropriate action or proceeding to enforce such provisions. Article 7 former Article 6 - Glossa 50 New page 7-1 (existing pace 6-1) ARTICLE 6 7 - GLOSSARY This Article provides definitions of certain technical terms and phrases used in this Development Code, including the land use types listed as allowable in Article 2 (Urban Standards). Chapter 88.60 70 — Definitions Print date: 7/28/2006 Page 27 of 28 July 17, 2006 • • Exhibit "C", ZCA-221 Development Code Revisions Item # # Proposed Revision ape 88.60 70.010 - Purpose 88.60 70.020 - Definitions of Specialized Terms and Phrases 51 88.70.020 - Definitions of Specialized Terms and Phrases G. Definitions, "G." Guest House. Living quarters within an accessory building located on the same premises as the primary building - for use by temporary quests of the occupants of the premises - having no kitchen facilities and not rented or otherwise used as a separate dwelling A quest house legally existing prior to February 19 1992 shall be allowed as a permitted use. 52 L. Definitions, "L." Live Entertainment Music comedy, readings dancing acting or other entertainment performed on a site three or more days during a calendar Year. This use includes dancing by patrons to live or recorded music. 53 M. Definitions, "M." Multi -tenant Center. A group of three or more retail establishments located with a building or group buildings which share a parking facility. A Multi -tenant Center may include office service and other uses permitted with the zone provided that the majority of the floor area of the Center must be occupied by eneral retail uses. 54 P. Definitions, "P." Parking Facility - Public or Commercial. A parking lot or structure operated by the City, or a private entity providing parking for a fee, where the duration of parking for any vehicle is less than 24 hours. The parking of any vehicle for more than 24 hours is instead defined as "Vehicle Storage." Does not include towinq impound and storage facilities, which are instead defined under "Vehicle Stora e--9utdeer." 55 S. Definitions, "S." Sign. 3. Animated or Moving Sign. A sign which uses movement, lighting, or special materials to depict action or create a special effect to imitate movement. 13 An electronic message display. A sign whose message is displayed electronically, including time date temperature weather, directional information or other public service messages of interest to the general public where the display changes less frequently than once every five 151 minutes shall not be considered an animated sign. STORY: That portion of a building included between the surface of any floor and the surface of the next floor above it or if there is no floor above it then the space between such floor and the ceiling next above it. The term "story" shall not include a basement or a subterranean parking garage so long as the finished floor level directly above the basement or garage is six feet or less above grade as defined in the California Building Code for more than 50 percent of the total perimeter or not more than 12 feet above grade at any point. Any portion of a story exceeding fourteen (14) feet in height shall be considered as an additional story for each fourteen 1141 feet or fraction thereof. One-half (1/2) story means a story with a sloping roof, the area of which story at a height of five 151 feet above the floor does not exceed one-half of the floor area of the story immediately below it Print date: 7/28/2006 Page 28 of 28 July 17, 2006