HomeMy WebLinkAboutOrdinance No. 10-O1ORDINANCE NO. 10-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA
APPROVING AMENDMENTS TO CHAPTER 88 —DEVELOPMENT CODE
OF THE CITY OF AZUSA MUNICIPAL CODE
WHEREAS, on February 22, 2005, the City Council of the City of Azusa ("City Council')
adopted the new Development Code (Chapter 88 of the Azusa Municipal 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 was
implemented; and
WHEREAS, City staff has prepared a number of proposed amendments to the Development
Code to provide clarification and to add necessary language to the existing provisions of the
Municipal Code; and
WHEREAS, on December 16, 2009, 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 carefully considered all pertinent testimony and the
staff report presented during the public hearings for the revisions to the Development Code and
adopted Resolution No. 2009-22 recommending that the City Council approve the proposed
amendments to the Development Code; and
WHEREAS, on February 15, 2010, the 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, and the proposed
amendments and public testimony were fully studied, discussed, and deliberated; and
WHEREAS, the City Council wishes to adopt the proposed amendments to the Development
Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
ORDAIN AS FOLLOWS:
SECTION 1. The Development Code is amended as follows, with additions shown in
underline and deletions in strikethfough.
SECTION2. Tables 2-2 and 2-4 of Article 2 of Chapter 88 of the Azusa Municipal
Code are hereby revised in part to read as follows:
O RANGEINSTUBBS\63492.4
TABLE 2-2
P
Permitted Use, Zoning Clearance required
Allowed Land Uses and Permit
MUP
Minor Use Permit required
Requirements
UP
Use Permit required
for Districts
S
Permit requirement set by Specific Use
l—
—
Regulations
Use not allowed
LAND USE TYPE (1)
PERMIT
REQUIRED BY ZONE
Specific Use
ZONE
Regulations
DTC
DCC
DTV
DE
DW
DWL
;RESIDENTIAL USES
Alcoholic beverage sales MUP MUP MUP
Home Occuoation — P —
Home occupation
I P P P
P 88.42.100
TABLE 2-4
P
Permitted Use, Zoning Clearance required
.Allowed Land Uses and Permit
MUP
Minor Use Permit required
Requirements for
UP
Use Permit required
!Special Purpose Zones
S
Permit requirement set by Specific Use
l—
Regulations
l Use not allowed
LAND USE TYPE (1)
PERMIT REQUIRED BY
Specific Use
ZONE
Regulations
INS
OS
I REC
DWL
RETAIL SALES
RESIDENTIAL USES
Alcoholic beverage sales MUP MUP MUP
Home Occuoation — P —
SECTION 3. Tables 2-2 and 2-3 of Article 2 of Chapter 88 of the Azusa Municipal Code
are hereby revised in part to read as follows:
TABLE 2-2
P
Permitted Use, Zoning Clearance required
Allowed Land Uses and Permit
MUP
Minor Use Permit required
Requirements
UP
Use Permit required
!for Districts
S
Permit requirement set by Specific Use
l—
4Regulations
Use not allowed
LAND USE TYPE (1)
PERMIT REQUIRED BY ZONE
Specific Use
Regulations
DTC
DCC
I DTV I
DE DW
DWL
RETAIL SALES
Alcoholic beverage sales MUP MUP MUP
MUP — MUP 88.42.030
2
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TABLE 2-3
P
Permitted Use, Zoning Clearance required
'Allowed Land Uses and Permit
MUP
Minor Use Permit required
Requirements
UP
Use Permit required
for Corridors
S
Permit requirement set by Specific Use
—
Regulations
Use not allowed
LAND USE TYPE (1)
PERMIT REQUIRED BY ZONE
Specific Use
Regulations
CAZ
CSG
CSA
CAH
CFB
RETAIL SALES
Auto and vehicle sales and rental
Alcoholic beverage sales MUP
— MUP MUP MUP 88.42.030
SECTION 4. Table 2-3 of Article 2 of Chapter 88 of the Azusa Municipal Code is
hereby revised in part to read as follows:
ITABLE 2-3
P
Permitted Use, Zoning Clearance required
!Allowed Land Uses and Permit
MUP
Minor Use Permit required
Requirements
UP
Use Permit required
for Corridors
S
Permit requirement set by Specific Use
—
Regulations
Use not allowed
LAND USE TYPE (1)
PERMIT REQUIRED BY ZONE
Specific Use
Regulations
CAZ
CSG
CSA
CAH
CFB I
RETAIL SALES
Auto and vehicle sales and rental
I UP(21
MUP
—
A definition of each listed use type is in Article 6 (Glossary).
(2)
Anv DrODertv or000sed for auto and vehicle sales and rental use should be at least 40.000 sauare feet in area.
(3)
This is a critical, sensitive, or high occupancy facility, subject to the hazard mitigation requirement of Section
88.30.030
SECTION 5. Section 88.30.020.F.2.c is hereby added to read as follows:
c. Up to 50% of an existing legal non -conforming wood fence can be repaired and
or replaced.
SECTION 6. Section 88.30.020.G.2.c is hereby added to read as follows:
c. Replacement air conditioning and heating units and new air conditioning and
heating units, not visible from the public street, may be painted instead of screened at
the discretion of the Zoning Administrator or his designee.
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SECTION 7. Section 88.30.060.C.1.c is hereby amended to read as follows:
c. Flag lots are prohibited within the city, except where no other feasible subdivision
alternative exists, and the use of a flag lot is authorized by use permit approval. Flag
lots require a minimum of 15' wide street frontage and the flag lot area and minimum
frontage width shall not include the access street.
SECTION 8. Section 88.34.060.A.3.a is hereby amended to read as follows:
a. Exceed a maximum height of 36 42 inches within a required traffic safety
visibility area (Section 88.30.050.E), except for trees with the lowest portion of
their canopy maintained at a minimum of eight feet above grade; or
SECTION 9. Section 88.34.060.B.3.c is hereby amended to read as follows:
c. Artificial groundcover or shi% s shall not be allow -d (turf) is allowed at the
discretion of the Zoning Administrator or his designee. Artificial shrubs shall not
be allowed.
SECTION 10. Section 88.36.050.F.1 is hereby amended to read as follows:
1. No additional parking spaces shall be required; provided, the'change does not
increase the original floor area by more than 25 percent, nor increase the number
of dwelling units, nor eliminate the only portion of the site that can be used for the
required or existing parking or access. New open patios are not considered an
increase of the original floor area.
SECTION 11. Section 88.38.035.B.1 is hereby amended to read as follows:
a. Districts, Corridors and Neighborhood Centers. Properties within the
districts, corridors and neighborhood centers identified by Article 2 (Urban
Standards) shall be allowed one, two-sided real estate sign, of no more than six
square feet each side, with a maximum height for freestanding signs of six feet,
for each parcel frontage.
SECTION 12. Section 88.38.060, Table 3-12 is hereby amended to read as follows:
;Allowed
j Sign Types
Maximum
Sign Height
Maximum Number of Signs
Allowed per Parcel
Maximum Sign Area
Ground -mounted and Ground -floor Signs
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Awning
Below roof
Single tenant site or building:
Maximum sign area per parcel.
(1)
3 of any combination of
allowed sign types per primary
The total sign area on a parcel
shall comply with the following
Freestanding
6 ft.
building frontage.
requirements.
Projecting,
Below roof
1 of any allowed sign type per
t sf 1. for each linear ft. of
J Wall Mounted
(1)
secondary building frontage.
primary building frontage.
j and Wall-
Site or structure with 4 or more
0.5 additional sf for 2. each
j aip rated
tenants: 1 of any allowed
signtype per business
linear foot of secondary building
frontage.
Suspended
Below eave/
canopy; at
frontage, unless additional
Each use is allowed a 3. total
least S ft.
signs are. authorized by the
sign area of at least25 sf
above a
review authority through a
regardless of frontage length.
walking
Master Sign Plan approval.
The total 4. sign area per use
surface
shall not exceed 100 sf, without
Master Sign Plan approval.
Maximum sign area per building
frontage. The total area of all
signs on a single structure
frontage shall not exceed the total
linear feet of that frontage shall
not exceed the total linear feet of
that frontage.
Site with 4 or more tenants: is
allowed an additional
freestanding identification sign of
0.25 sf for each linear ft. of total
primary structure frontage, up to
100 sf maximum.
SECTION 13. Section 88.42.020.C.3 is hereby amended to read as follows:
3. Separation Between Structures. Each accessory structure shall be set back from
any other structure on the site by a minimum of ten feet unless the accessory structure
is an existing garage connected to the main house by a breezeway.
SECTION 14. The introductory paragraph of Section 88.42.120 is hereby amended to read
as follows:
This section provides standards for the design of new mixed use projects, where
allowed by Article 2 (Urban Standards). These standards also apply to existing
mixed use developments if any change in construction or use is applied for.
SECTION 15. Section 88.42.160.A is hereby amended to read as follows:
Outdoor storage areas shall be entirely enclosed by a solid wall or fence as
approved by the review authority with a minimum height of six feet and a
maximum height of eight feet. Storage containers may be allowed with a
Temporary Use Permit in the DW zone onlv. located so as not to be visible from
the street.
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SECTION 16. Section 88.42.190.D.2 is hereby amended to read as follows:
2. A carriage house may be allowed above a garage on a parcel of at least 10,000
square feet where the garage is accessed from an alley. A carriage house design is
only allowed as a second unit, not as a primary residential unit.
SECTION 17. Section 88.46.030 is hereby amended to read as follows:
A. Replacement or modification of previously permitted facilities or equipment
determined by the Director to be of minor nature that does not increase the number or
height of antennas or significantly change or enlarge the ancillary related equipment
at the site. This would include additional auxiliary_ generators as deemed necessary
by the Zoning Administrator or his designee.
SECTION 18. Section 88.46.040.A is hereby amended to read as follows:
Use permit approval is required for all communication facilities subject to this
chapter except for the facilities listed in subsections A.1, A.2, and A.3, which shall
require minor use permit approval. The Director shall ensure through the minor use
permit approval that each facility complies with all applicable requirements of this
chapter, with the height and location of the antenna to be a component of the minor
use permit process and subject to the discretion of the Zoning Administrator or his
designee.
SECTION 19. Section 88.46.060.B.2 is hereby amended to read as follows:
2. The height of a non -stealth communications facility located on a structure other
than a dedicated support tower shall not exceed 15 feet above the highest point of
the structure and shall at no time exceed the height allowed by the subject zoning
district.
SECTION 20. Section 88.51.030.E.6 is hereby amended to read as follows:
Outdoor Displays/Sales. The temporary outdoor display/sales of merchandise
(e.g. sidewalk sales and promotional events) at shopping centers and single
commercial lots in compliance with 88.42.150. The property owner may make an
application for an annual temporary use permit to conduct multiple
sidewalk/parking lot sales and promotional events within a designated portion of
the site.
SECTION 21. Section 88.54.020.A.5 is hereby amended to read as follows:
5. Replacement Uses. The use of the site after the discontinuance or removal of a
nonconforming use shall comply with all applicable requirements of this
Development Code and the applicable zoning district, including all Development
Standards, except as provided by Section 88.54.040 for dwelling units.
GraMeaM -11ftI l-VINI,SM
SECTION 22. The following definitions contained in Section 88.70.020 are hereby
amended to read as follows:
Office....
2. Business/Service. Establishments providing direct services to consumers or
clients, typically with higher client volumes that experienced by the other types of
offices listed. Examples of these uses include employment agencies, insurance agent
offices, real estate offices, social service organizations, travel agencies, utility
company offices, tax preparation offices, etc. This does not include 'Bank, Financial
Services,' which is separately defined....
Second Hand Store. A retail store that buys and sells used products and
consignment goods, including clothing, furniture and household goods, jewelry,
appliances, musical instruments, business machines and office equipment, tools,
motors, machines, instruments, firearms, or any similar secondhand articles or
objects. Does not include bookstores ("Retail Stores"); secondhand farm and
construction equipment ("Construction, Farm, and Heavy Equipment Sales"); junk
dealers, or scrap/dismantling yards (Recycling Facilities - Scrap and Dismantling
Yards"); the sale of antiques and collectibles ("Retail Stores"); the sale of cars and
other used vehicles ("Auto and Vehicle Sales, Leasing, and Rental, Used"); or
pawnshops ("Personal Services - Restricted"). Does not include the sale of used items
when the volume of such products offered for sale on the premises is 30 percent or
less of the total volume offered for sale (for example video rental stores selling some
used videos, record stores selling some used records and/or CDs, etc.).
Shopping Center. A primarily retail commercial site, where only 15% of allowed
uses are non -retail and, on sites where the gross lot size is 8 acres or more, at least
one retail space has a minimum of 15,000 square feet in area with three or more
separate businesses sharing common pedestrian and parking areas.
SECTION 23. CE A. The City Council finds that the adoption of these revisions to the
Development Code is not subject to the California Environmental Quality Act ("CEQA") pursuant to
Section 15060(c)(2) of the CEQA Guidelines, California Code of Regulations, Title 14, because the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment; and Section 15060(c)(3) of the CEQA Guidelines because the activity is not a project
as defined in Section 15378 of the CEQA Guidelines, because it has no potential for resulting in
direct or indirect physical change to the environment.
SECTION 24. 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.
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SECTION 25. Finding of Fact. The City Council also finds that the proposed
clarifications and additions to the Development Code are consistent with the land use designations
contained in the General Plan and continue the classification of areas using terms that are
consistently used in the General Plan (i.e. Neighborhoods, Corridors, and Districts). The proposed
revisions 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. Therefore, the
proposed Code Amendment is consistent with the approved General Plan.
SECTION 26. Effective date. This ordinance shall be in full force and effect thirty (30)
days after its passage.
SECTION 27. Summary. A summary of this ordinance shall be published in the manner
required by law.
PASSED, APPROVED, AND ADOPTED this 1s` day of March 2010.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
'A�
/oscph R. Rocha, Mayor
I VERA MENDOZA, City Clerk for the City of Azusa hereby certify that the forgoing Ordinance
No, 10-01, was duly introduced and placed upon its first reading at a regular meeting for the City Council
of the City of Azusa held on the 16th day of February, 2010 and that thereafter, said ordinance was duly
adopted and passed at a regular meeting of 1" day of March, 2010, by the following vote of the Council:
AYES: COUNCIL MEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES: COUNCIL MEMBERS: NONE
ABSENT- COUN MEMBERS ONE
Vera Mendoza, City Clerk
J77ylCfA�l` 1.19'L1I21.�"y
Sonia R. Carvalho, City Attorney
ORANGEINSTUB13S\63492.4