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Home My WebLink AboutOrdinance No. 07-O6O C I I : ► GRIMSIffIyE1T! AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AMENDMENTS TO CHAPTERS 88.24.005, DISTRICTS; 88.26.005, CORRIDORS; 88.27, OVERLAY ZONES, AND 88.28,, SPECIAL PURPOSE ZONES, OF THE CITY OF AZUSA MUNICIPAL CODE IN ORDER TO ALLOW RETAIL STORES GREATER THAN 50,000 SQUARE FEET TO LOCATE IN THE DOWNTOWN TRANSIT VILLAGE (DTV), SOUTH AZUSA AVENUE CORRIDOR (CSA), FOOTHILL CENTER OVERLAY (FCO), AND INSTITUTIONAL/SCHOOLS (INS) ZONE WITHIN THE UNIVERSITY DISTRICT IF A USE PERMIT IS FIRST APPROVED (CASE NUMBER ZCA 225) WIiEREAS the City Council of the City of Azusa, has given notice thereof as required by law, held a public hearing on June 4, 2007, with respect to the requested Zoning Code Amendment No. ZCA-225, to amend Chapters 88.24.005, Districts; 88.26.005, Corridors; 88.27, Overlay Zones, and 88.28, Special Purpose Zones, of the City of Azusa Municipal Code in order to allow retail stores greater than 50,000 square feet to locate in the Downtown Transit Village (DTV), South Azusa Avenue Corridor (CSA), Foothill Center Overlay ((FC(0)), and Institutional/Schools (Ins) zone within the University District if a Use Permit is first approved. WHEREAS, the Municipal Code prohibits retail stores greater than 50,000 square feet to locate in the Downtown Transit Village (DTV), South Azusa Avenue Corridor (CSA), Foothill Center Overlay (FCO), and Institutional/Schools (Ins) zones; and WHEREAS, the Redevelopment Agency staff has been actively pursuing larger national retailers, and has targeted several locations within the city for.such uses; and WHEREAS, on May 16, 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, after deliberations, the Planning Commission determined that the Development Code should be amended to allow retail stores greater than 50,000 square feet only in the DTV and CSA zones; and WHEREAS, the City Council has carefully considered all pertinent testimony and the staff reports presented during the public hearings for the revisions to the Development Code. WHEREAS, on June 4, 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 Developmenf Code were heard, fully studied, discussed and deliberated; and Document in June 18, embedded.doc Ordinance No. 07-06 June 4, 2007 Page 2 of 6 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 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. The proposed amendment, in and of itself, will not conflict with the goals and policies of the General Plan. The effect of the amendment is to change the Development Code in a way that would allow individual retail stores having greater than 50, 000 square feet offoor area to be constructed in the DTV, CSA, FC(0), and select Ins zones only if a Use Permit is first approved. The Use Permit process provides a safeguard to assure that the site beingproposed is adequate for the intended use, and that the project is consistent with General Plan goals and policies. These proposed amendments will not alter any of the other design criteria or development standards. However, it is likely that in the future, as landowners implement the new standards, the owners may seek future amendments to development standards such as setbacks, heights, etc. If the design policies and other relevant development standards — i. e. building setbacks and design, bulb height, frontage types, etc. - are adhered to, future projects will not be in conflict with the General Plan. SECTION 3: The City Council also finds that the proposed Code amendment will not adversely affect surrounding properties. There is no specific development project or specific site associated with this Code amendment. Additionally, the intensity of any future development project will not be affected by the proposed amendment. Under the current Code, a 100, 000 square foot retail commercial building could be built in the specified zones, but the building area would have to be subdivided into commercial units of 50, 000 square feet or less. If the Code amendment is approved, that same 100, 000 square foot building could be built without the interior lease area subdivision — i.e. the building could house a single store. Given that any development project has to conform to Development Code (i.e. setbacks, frontage types, building height, etc.) and General Plan, the Code amendment in and of itself will not adversely affect surrounding properties. For future development projects, if context sensitive site design features are applied to a project, the presence of a large format retail store in the specified zones should not degrade the existing visual character or quality of the site and its surroundings. Ordinance No. 07-06 June 4, 2007 Page 3 of 6 SECTION 4: The City Council finds that an Initial Study was prepared and noticed for this project in accordance with CEQA guidelines. The Initial Study concluded that the proposed project could not have a significant effect on the environment, and the City Council hereby approves the Negative Declaration. 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, parz graph, 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 18'' day of June, 2007. Joseph Rocha Mayor ATTEST: City Clerk Ordinance No. 07-06 June 4, 2007 Page 4 of 6 I Vera Mendoza, City Clerk of the City of Azusa hereby certify that the foregoing Ordinance No. 07-06 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 4h day of June 2007, and that thereafter, said ordinance was duly adopted and passed at a regular meeting on the 18th day of June, 2007, by the following vote of the Council: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss. CITY OF AZUSA ) AYES: COUNCIL MEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE Vera Mendoza, City Clerk APPROVED AS TO FORM: Sonia Carvalho City Attorney Exhibit "A" PROPOSED CODE REVISIONS 88.24.005 - ALLOWABLE USES IN DISTRICTS TABLE 2-2 P Permitted Use, Zoning Clearance required Permitted Use, Zoning Clearance required MUP Minor Use Permit required MUP UP Use Permit required S Permit requirement set by Specific Use Regulations S x Use not allowed LAND USE TYPE x PERMIT REQUIRED BY ZONESpeda Use Regulations DTC DCC DTV DE DW DWL RETAIL SALES General retail, except with any of the following features General retail, except with any of the following features Floor area over 50,000 sfUP UP X UP x P X MUP X UP UP 88.26.005 - ALLOWABLE USES IN CORRIDORS TABLE 2-3 P Permitted Use, Zoning Clearance required MUP Minor Use Permit required UP Use Permit required S Permit requirement set by Specific Use Regulations x Use not allowed LAND USE TYPE PERMIT REQUIRED BY ZONE Special Use Regulations CAZ CSG CSA CAH CFB RETAIL SALES General retail, except with any of the following features Floor area over 50,000 sfX X X MUP X UP Chapter 88.27 - Overlay Zones 88.27.040 Foothill Center Overlay. A. Purpose and Intent. The Foothill Center (FC) Overlay Zone is established to allow for the transformation over time of the strip commercial retail shopping center at the south-west corner of Foothill Boulevard and Alosta Avenue into a mixed use center which incorporates the design principles of the Urban Form Element of the General Plan. B. An application for a zone change to permit the establishment of an (FC) zone shall include and be accompanied by a master phasing plan for the entire property. C. Development Standards. The development standards required by the underlying base district shall apply. In addition, the following shall apply: 1. Frontage Types. Residential buildings are exempt from Chapter 88.29 - Architectural Standards if the review authority determines that alternative frontage types will result in a compatible building to street relationship. 2. Setbacks for residential buildings. a. The minimum setbacks adjacent to Fennimore Avenue shall be ten feet (10') with no further encroachment. b. The minimum setbacks adjacent to retail parcels shall be seven feet (7') with no further encroachment. Document in June 18, embedded.doc Ordinance No. 07-06 June 4, 2007 Page 6 of 6 3. Outdoor Lighting. Existing parking areas serving retail buildings may be maintained without complying with the maximum height limit for outdoor lighting fixtures. 4. Parking. a. Landscaping of commercial parking areas. Existing parking areas serving retail buildings may be maintained without complying with the parking lot landscaping standards. b. Tandem Parking Stalls. 36 percent tandem parking shall be allowed for Residential garages. C. Compact Parking, if provided, shall compromise no more than 10% of the total parking spaces provided, and shall be located only on one side of an aisle. d. Guest Parking for the residential units may be provided along the portion of Fenimore Street within the boundaries of the townhomes. 5. Signs. a. A Master Sign Plan is required for the commercial component. It may be processed separately from any planning permit required by the City for the development of the parcel. b. Three monument signs, not to exceed 10 feet in height and 30 square feet in sign face area each, are permitted for the townhome development. C. Existing nonconforming freestanding signs may be structurally altered, but not enlarged. d. Exemptions from Sign Permit Requirements. Symbols, pictures, patterns, lettering, and illumination approved as architectural ornamentation or decoration by the review authority are allowed without sign permit or master sign plan approval. 6. Walls. a. Residential perimeter walls may exceed six feet (6'). 7. Private Open Space. a. Private Open Space may be provided through balconies, exterior decks and front patios. 8. Permitted Uses. General Retail stores greater than 50.000 square feet may be permitted with a Use Permit. 88.28 - ALLOWABLE USES IN SPECIAL PURPOSE ZONES TABLE 2-4 P Permitted Use, Zoning Clearance required MUP Minor Use Permit required UP Use Permit required S Permit requirement set by Specific Use Regulations X Use not allowed LAND USE TYPE PERMIT REQUIRED BY ZONE Special Use Regulations INS OS REC RETAIL SALES General retail except with any of the following features Floor area over 50.000 sf X X X UP 5 Notes: (5) Allowed only on INS zoned properties within the University District. Str+lwout text = deleted Underlined text = added