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Home My WebLink AboutOrdinance No. 11-O3ORDINANCE NO. 11-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AMENDMENT ZCA 231 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 revisions would be necessary after the new Code was implemented; and WHEREAS, City staff has prepared a proposed amendment to the Development Code to provide clarification and to add necessary language to the existing provisions of the Municipal Code; and WHEREAS, on January 12, 2011 and February 16, 2011, the Planning Commission of the City of Azusa ("Planning Commission") conducted noticed public hearings on the proposed amendment to the Development Code at which time all persons wishing to testify in connection with the revision to the Development Code were heard and the revision was 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 revision to the Development Code and adopted Resolution No. 2011-01 recommending that the City Council approve the proposed amendment to the Development Code; and WHEREAS, on April 4, 2011, the City Council conducted a duly noticed public hearing on the proposed amendment to the Development Code at which time all persons wishing to testify in connection with the amendment to the Development Code were heard, and the proposed amendment and public testimony were fully studied, discussed, and deliberated; and WHEREAS, the City Council wishes to adopt the proposed amendment 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 dough. SECTION2. Table 2-2 of Article 2 of Chapter 88 of the Azusa Municipal Code is hereby revised in part to read as follows: A-1 Article 2 — Urban Standards 88.24.005 - Allowable Uses in Districts TABLE2-2 Allowed Land Uses and Permit Requirements for Districts P MUP UP S -- Permitted Use, Zoning Clearance required Minor Use Permit required Use Permit required Permit requirement set by Specific Use Regulations Use not allowed LAND USE TYPE (1) - PERMIT REQUIRED BY ZONE Specific Use Regulations DTC I DCC DTV DE DW DAL SERVICES- BUSINESS, FINANCIAL, PROFESSIONAL ATM P P P P P P Bank, financial services P P P P -- -- Business support service P P P P P P Medical services - Clinic, urgent care -- -- -- P -- Medical services - Doctor office P(6) P P P -- •- Medical services - Extended care 3 -- -- -- -- -- -- Mixed Use Project P P P P -- -- 88.42.120 Office - Accessory P P P P P P Office - Business/service P - P P P -- Office - Government P P P P -- P Office - Processing P(2) P(2 P(2) P - P Office - Professional P 2* P r- P(2*1 P -- Key to Zone Sym ols DTC Downtown - Town DE Edgewood District Center DCC Downtown - Civic DW West End Industrial District Center DTV Downtown - Transit DWL West End Light Industrial District Village Notes: (1) A definition of each listed use type is in Article 6 (Glossary). (2) Allowed on a second BF UPPOF flBOF Billy (2) Office - Processing Permitted on a second or upper floor only (2*) Office - Professional permitted; except for on Azusa Avenue and San Gabriel Avenue where it is allowed on a second or upper floor only. (3) This is a critical, sensitive, or high occupancy facility, subject to the hazard mitigation requirements of Section 88.30.030. (4) Allowed only in the area designated 'Recreation/Landfill Mixed Use" by the General Plan. (5) Allowed only in the area designated "Hotel/Conference Center" by the General Plan. (6) Allowed on second or upper floor only, except for uses existing on March 25, 2005, which shall be considered conforming uses. SECTION 3. CEOA. The City Council finds that the adoption of this revision to the Development Code is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(2) ofthe 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. F.M. SECTION 4. 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 5. Finding of Fact. The City Council also finds that: A. 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 Development Code Amendment is consistent with General Plan Goal #5: "Allow for and encourage the intensification of commercial uses in the Corridors and in the Districts to provide economic stability and to provide residents with essential goods and services," in that expanding the locations where professional office use is allowed provides additional opportunities for residential employment and services. B. That the proposed zone change will not adversely affect surrounding properties. The proposed Development Code Amendment, allowing Office — Professional uses on the ground floor of properties in the Downtown Districts, excepting Azusa Avenue and San Gabriel Avenue, will not adversely affect surrounding properties. Ground floor office use will provide additional, convenient amenities for residents and adjacent properties. 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 4th day of April 2011. oseph R. Rocha Mayor A-3 ATTEST: Vera Mendoza City Clerk I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 11-03, was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 4`h day of April, 2011, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 18'h day of April, 2011, by the following vote, to wit: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED AS TO FORM: Sona R. Carvalh City. ttomey