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HomeMy WebLinkAboutOrdinance No. 07-O30 ORDINANCE NO. 07-03 /1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AMENDMENTS TO CHAPTERS 88.22 -NEIGHBORHOODS, 88.24 - DISTRICTS, 88.26— CORRIDORS, AND 88.28—SPECIAL PURPOSE ZONES OF ARTICLE 2 — URBAN STANDARDS; TO ADD CHAPTER 88.42.146 - NEIGHBORHOOD TUTORING CENTERS TO ARTICLE 4 -- STANDARDS FOR SPECIFIC LAND USES; AND TO AMEND ARTICLE 7 -- GLOSSARY, OF CHAPTER 88, DEVELOPMENT CODE, OF THE CITY OF AZUSA MUNICIPAL CODE IN ORDER TO ESTA13LISIRI REGULATIONS RELATED TO NEIGHBORHOOD TUTORING CENTERS: (CASE NUMBER ZCA 224) 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, the Municipal Code categorizes tutoring establishments as "Schools — Specialized education/training", and prohibits all such uses within Neighborhood zones; and WHEREAS, the Municipal Code currently makes no distinction between larger commercial tutoring centers such as the Sylvan Learning Centers and Kumon Math & Reading Centers, and smaller low intensity tutoring establishments operated within a residential dwelling; and WHEREAS, the intent of said prohibition is to preserve: the residential character of the City's neighborhoods by prohibiting incompatible land uses; and WHEREAS, the City of Azusa has a compelling interest in improving neighborhoods and building neighborhood networks, and creating this specialized category of neighborhood tutoring establishments helps to accomplish that goal; and WHEREAS, on November 15, 2006, the Planning Commission of the City of Azusa ("Planning Commission") conducted a noticed public hearing on the proposed amendments 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. Document in C:\Documents and Settings\azusauserl\Desktop\CFebmary 5, 2007embedded.doc 0 40 Ordinance No. 07-03 January 16, 2007 Page 2 of 5 WHEREAS, on January 16, 2007, the City Council of the City of Azusa ('`City Council") conducted a duly noticed public hearing on the proposed amendments to the Development Code at which time all persons wishing to testify in connection with the amendments to the Development Code were heard, 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 amendments to the Development Code as set forth in the attached Exhibit "A" to this Ordinance; and SECTION 2: The City Council finds that the amendments to the Development Code are in the public interest and reasonably related to the public welfare because the amendments allow low intensity neighborhood tutoring centers - an activity that is compatible within the City's Neighborhoods — to locate in certain neighborhood zones pursuant to specific performance standards. SECTION 3: The City Council also finds that adoption of these amendments to the Development Code is consistent with the City of Azusa General Plan because they: A. Facilitate the advancement of General Plan Policy 2.3 by allowing neighborhood organizations to operate facilities that are geared toward educating its residents and fostering neighborhood social and safety events; and B. Help to implement General Plan Implementation Program LU15 NEIGHBORHOOD ORGANIZATIONS which calls for the establishment neighborhood organizations for each neighborhood (as defined by this General Plan) in the City by working with existing homeowners associations, and building upon the Citizens' Congress and Neighborhood Improvement Zone neighborhoods. The organizations will develop neighborhood action plans including but not limited to: neighborhood improvements, neighborhood issue identification, traffic calming, social activities, community building events such as "neighborhood cleanup days", and neighborhood leadership; and C. Facilitate achieving the goal of Lifelong Learning. The General Plan states, "As the 21st century promises to be the "age of information," Azusa's future prosperity and quality of life are directly linked to raising educational standards and creating a pervasive climate for learning. An active emphasis on `learning" is the gateway to 0 Ordinance No. 07-03 January 16, 2007 Page 3 of 5 0 promoting "eaming" -- and the pursuit of the American Dream by all Azusa's diverse residents". 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 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. 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 5"' day of February, 2007. bane Chagnon Mayor ATTEST: All �-IzL� Vera Mendoza City Clerk 0 Ordinance No. 07-03 January 16, 2007 Page 4 of 5 40 I Vera Mendoza, City Clerk of the City of Azusa hereby certify that the foregoing Ordinance No. 07-03, was duly introduced and placedu on its fust reading at a regular meeting of the City Council of the City of Azusa held on the 16 day of January 2007, and that thereafter, said ordinance was duly adopted and passed at a regular meeting of February 5, 2007, by the following vote of the Council: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss. CITY OF AZUSA ) AYES: COUNCIL MEMBERS: CARRILLO, ROCHA, HANKS, CHAGNON NOES: COUNCIL MEMBERS: HARDISON ABSENT: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE Vera Mendoza, City Clerk 0 Exhibit "A" 0 [DEVELOPMENT CODE AMENDMENTS] Document in CADocuments and Setzingslazusausul\Desklop\CFebmary 5, 2007embedded.doc 0 0 Exhibit "A" January 16, 2007 Draft Amendments to Development Code 88.22.065 - ALLOWABLE USES IN NEIGHBORHOODS TABLE 2.7 LAND USE TYPE CAZ LAND USE TYPE LAND USE TYPE PERMIT REQUIREMENT BY ZONE RECREATION, EDUCATION & PUBLIC ASSEMBLY USES Specific Use Regulations NG1NG2 OWL NG3 NC L MED MOD L MED MOD L MED MOD RECREATION, EDUCATION & PUBLIC ASSEMBLY USES 88.42.112 Neighborhood Tutoring S S S S S S S 88.42.146 Center School - Specialized education/tratnin 3 UP — _ _ = _ _ = - _ 88.42.112 _ -- 88.24.005 - ALLOWABLE USES IN DISTRICTS TABLE 2-2 LAND USE TYPE CAZ LAND USE TYPE LAND USE TYPE PERMIT REQUIRED BY ZONE RECREATION, EDUCATION & PUBLIC ASSEMBLY USES Specific Use Regulations DTC DCC DTV DE DW OWL RECREATION, EDUCATION & PUBLIC ASSEMBLY USES Nei hbcrhood Tutorin Center S S S S 88.42.146 UP 88.42.112 School - Specialized education/training3 UP UP UP UP UP UP 88.42.112 88.42.112 TABLE 2-2 LAND USE TYPE CAZ LAND USE TYPE PERMIT REQUIRED BY ZONE DU-MUI DU -RM DU.RMO Specific Use Regulations RECREATION, EDUCATION & PUBLIC ASSEMBLY USES RECREATION, EDUCATION & PUBLIC ASSEMBLY Neighborhood Tutoring Center S S S 88.42.146 88.42.146 School - Specialized education/training 3 UP 88.42.112 UP UP UP UP 88.42.112 88.26.005 - ALLOWABLE USES IN CORRIDORS TABLE 2-3 LAND USE TYPE CAZ PERMIT REQUIRED BY ZONE CSG CSA CAH I CFB Specific Use Regulations RECREATION, EDUCATION & PUBLIC ASSEMBLY INS OS RIC RECREATION, EDUCATION & PUBLIC ASSEMBLY Nei hborhood Tutoring Center I S I S I S S S 88.42.146 School- Specialized educationftraining(2) UP - 88.42.112 School - Specialized ed ucation/trainin 3 UP UP UP UP UP 88.42.112 88.28.030 - ALLOWABLE USES IN SPECIAL PURPOSE ZONES TABLE 2.4 LAND USE TYPE PERMIT REQUIRED BY ZONE Specific Use Regulations INS OS RIC RECREATION, EDUCATION & PUBLIC ASSEMBLY Neighborhood Tutoring Center 88.42.146 School- Specialized educationftraining(2) UP - 88.42.112 Notes: (2) and (3) This is a critical, sensitive, or high occupancy facility, subject to hazard mitigation requirements of Section 88.30.030. C:\D000ME-I \bcoleman\LOCALS-1\TempTxA_01-16-07.doc Exhibit "A" • January 16, 2007 Page 2 of 5 88.42.146 — Neighborhood Tutoring Centers 0 A. Purpose. The requirements of this Section are intended to: 2. 3. help them develop strong study skills and to receive assistance in weak areas in order to enhance their academic performance. strengthen family life and individual character and responsibility. 4. Advance the vision, goals, and policies of the Economy and CommuniY Element of the General Plan. B. Permit requirement. 2. of subsection C. Neighborhood Tutorinq Center but otherwise conforms to the performance standards of subsection C. 3. A Use Permit (Section 88.51.040) shall be required for Neiahborhood Tutoring Centers when written consent has not been obtained from at least 75% of the household located within 300 feet of the facility, or 100% of the households located immediately adiacent to the facility but otherwise conforms the performance standards of subsection C. C. Performance Standards. A Neiahborhood Tutorina Center. as defined in Chapter 88.70 — Definitions, is an educational use that generally does not interrupt or interfere with the general nature or residential character of a residential neighborhood or applicable district or corridor. Neighborhood Tutor Centers are permitted pursuant to subsection B provided that the use complies with the following performance standards: 1. Written consent must be received from at least 75% of the household located within 300 feet of the facility, and 100% of the households located immediately adjacent to the facility. Exhibit "A" • January 16, 2007 Page 3 of 5 2. Centers shall be operated by a nonprofit organization, or apartment management company, or condominium homeowners association which manages the residential unit being utilized as a Neighborhood Tutoring Center. 3. Neighborhood Tutoring Centers must be separated from another Neighborhood Tutoring Center by a distance of at least % mile. 4. Maximum floor area: 2,000 square feet. 5. At least 80% of the students must reside within '% mile of the facility. 6. ` Hours of operation (tutoring): Monday through Friday: 2:00 p.m. to 7: p.m.�-Saturday: 10:00 a.m. to 4:00 p.m. Extended hours may be perr by the review authority with the consent of 100% of the residents within 100 feet of the facility. 7. Maximum building capacity shall be based on Building Code standards. 8. Facilities must maintain a ratio of at least one tutor for each three students. 9. Parking shall be provided as follows: a. 0 three residential units: or time. 10. Minor structural alterations may be permitted to residential units. subiect to the issuance of Building Permits, so long as said alterations do not change the exterior "residential' appearance of the building. In the event that the review authority authorizes structural alterations to a residential unit, said residential unit must be restored to be consistent with its original residential function when the tutoring establishment is discontinued. 11. The operator of a Neighborhood Tutoring facility must submit an annual report to the Planning Division which demonstrates compliance with the performance standards of this section and all conditions of approval. 88.70.020 — Definitions of Specialized Terms and Phrases N. Definitions, "N" Neighborhood Tutoring Center. A facility operated by a neighborhood based nonprofit organization or applicable apartment management company, or condominium Exhibit "A" • January 16, 2007 Page 4 of 5 homeowners association, that provides tutoring and related educational services ancillary use to the residential use. R. Definitions, "R." Residential Accessory Use or Structure. Any use and/or structure that is customarily a part of, and clearly incidental and secondary to a residence, and does not change the character of the residential use. This definition includes the following detached accessory structures, and other similar structures normally associated with a residential use of property. See also "Agricultural Accessory Structure." Garages gazebos greenhouses (non-commercial) recreation/clubhouse buildings associated with an apartment, condominium, or planned development rp oiect. patio covers spas, hot tubs, and saunas storage sheds studios swimming pools tennis and other on-site sport courts workshops Also includes the indoor storage of automobiles (including their incidental restoration and repair), personal recreational vehicles and other personal property, accessory to a residential use, and the use of a recreation/clubhouse building associated with an Does not include: second units, which are separately defined; guest houses, which are included under the definition of second units; or home satellite dish and other receiving antennas for earth -based TV and radio broadcasts (see "Telecommunications Facilities'). See Section 88.42.020 (Accessory Structures). S. Definitions, "S." School. A public or private academic educational institution, including: boarding school high school/secondary school community college, college, or university military academy elementary, middle, and junior high schools Also includes schools providing specialized education/training. Examples include, the following: art school r ballet and other dance school business, secretarial, and vocational school computers and electronics school drama school driver education school establishments providing courses by mail language school martial arts music school professional school (law, medicine, etc.) seminaries/religious ministry training facility tutoring centers Exhibit "A" 9 January 16, 2007 Page 5 of 5 40 Also includes facilities, institutions and conference centers that offer specialized programs in personal growth and development, such as fitness, environmental awareness, arts, communications, and management. Does not include pre-schools and child day care facilities (see "Day Care") or Neighborhood Tutoring Centers (see Section 88.42.146). See also the definition of "Studios - Art, Dance, Martial Arts, Music, etc." for smaller -scale facilities offering specialized instruction.