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Home My WebLink AboutOrdinance No. 11-O13ORDINANCE NO. 11-013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING ZONING CODE AMENDMENT ZCA 230, ALLOWING OPERATING HOURS BETWEEN 9:00 P.M. AND 7:00 A.M. IN THE DW AND DWL ZONES WITH A USE PERMIT. 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, 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 revisions would be necessary after the new Code was implemented; and WHEREAS, the Planning Commission of the City of Azusa, after giving notice thereof as required by law, held a series of public meetings and public hearings on a proposed revision to the Development Code, which would allow operating hours between 9:00 p.m. and 7:00 a.m. in the DW and DWL Zones with a use permit, at which time all persons wishing to testify in connection with the proposed revision to the Development Code were heard and the revision was fully studied, discussed and deliberated; and WHEREAS, the Planning Commission, upon carefully considering all pertinent testimony and the staff report offered in the case as presented at the public hearing, voted to recommend that the City Council approve Zoning Code Amendment ZCA 230; and WHEREAS, the City Council of the City of Azusa, after giving notice thereof as required by law, held a public hearing on Zoning Code Amendment ZCA 230, 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, after carefully considering all pertinent testimony and the staff report offered in the case as presented at the public hearing, now wishes to approve Zone Change Z 2009-01. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The above Recitals are true and correct and are incorporated herein by this reference. SECTION 2: Pursuant to, and in compliance with, the California Environmental Quality Act ("CEQA") (Public Resources Code section 21000 et seq.), a Final Environmental Impact Report has been submitted for concurrent review and certification. In accordance with the Final Environmental Impact Report and resolution for certification of the same submitted concurrently herewith, with the proposed mitigation measures, the proposed project would have significant and unavoidable impacts U:\MRF Resolutions and Ordinances\AZUSA_ MRF ZCA 230 Council Ordinance.DOC 45635.01817\6053474.1 related to traffic and air quality, which have been considered acceptable by the City Council in accordance with the adoption of a statement of overriding considerations. SECTION 3: That in accordance with Section 88.51.060 of the Azusa Development Code, the City Council hereby approves Zoning Code Amendment ZCA 230 based on the following findings: A. That the proposed amendment is consistent with the goals, policies, and objectives of the General Plan, any applicable specific plan, Owner Participation Agreement or Development Agreement. The proposed Zoning Code Amendment, to allow the operation of an industrial business between the hours of 10:00 p.m. and 7:00 a.m. with approval of a Use Permit by the Planning Commission, is consistent with the General Plan. There is no applicable specific plan. The General Plan Chapter 4: Economy and Community Goal No. 1 is to "Build and maintain a strong, diverse economy in Azusa", and EC Policy 1.2 calls for the maintenance of"a business climate in Azusa that communicates the city's support for businesses." The proposed Zoning Code Amendment would provide a way for industrial businesses to apply for a Use Permit to allow them to work beyond the standard 7:00 a.m. — 10:00 p.m., as appropriate to their particular location and operating characteristics, and would meet the goals and policies of the General Plan. The proposed project is also consistent with General Plan Land Use Policy LU 4.8, which seeks to "Accommodate industrial, manufacturing and supporting commercial use within the West End Industrial District and in accordance with Table CD -2, Land Use Classifications" in that it would allow such desired uses within the District. B. That the proposed Zoning Code Amendment will not adversely affect surrounding properties. The proposed Zoning Code Amendment will allow industrial businesses the opportunity to apply for a Use Permit in order to expand their hours of operation with the flexibility needed to be competitive. The Use Permit process would allow the Planning Commission to review each application for extended hours of operation in the industrial zones, in order to determine if the proposed extended hours are compatible with surrounding properties. The Use Permit process would also allow the Planning Commission to impose conditions on applicants to ensure compatibility with surrounding properties. SECTION 4: Based on the Staff Report, all written and oral comments and testimony presented to the City Council, and the aforementioned findings, the City Council does hereby adopt the amendment to the Development Code, as set forth in the attached Exhibit "A" to this Ordinance. SECTION 5: 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 portions of this 4563 5.01817\6053474.1 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: This Ordinance shall become effective thirty (30) days after its adoption. SECTION T A summary o f this ordinance shall be published in the manner required bylaw. SECTION 8: The City Clerk shall certify to the adoption of this Ordinance. PASSED, APPROVED AND ADOPTED this 18th day of July 2011. JOS PH R. ROCHA, MAYOR CITY OF AZUSA ATTEST: VERA MENDOZA, CITY CITY OF AZUSA I Vera Mendoza, City Clerk of the City of Azusa hereby certify that the foregoing Ordinance No I I - 013, as duly introduced and placed upon its first reading at a regular meeting of the City Council of the City of Azusa held on the 51h day of July 2011, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of July 18, 2011, by the following vote of the Council: AYES: COUNCIL MEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE VERA MENDOZA, CITY CITY OF AZUSA APPROVED AS TO FORM: BEST BEST & KRIEGER LLP CITY ATTORNEY 45635.01817\6053474.1 EXHIBIT A DEVELOPMENT CODE REVISION Chapter 88.24 DISTRICTS — 88.24.005. Allowable Uses in Districts, A. Permit Requirements: TABLE 2-2 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) DW PERMIT REQUIRED BY ZONE DTV Downtown - Transit Village Specific Use Regulations DTC DCC DTV I DE I DW DWL AGRICULTURAL AND RESOURCE-BASED USES _ Plant nursery MUP(6) MUP(6) MU) MUP(6) MUP(6) MUP(6) Surface mining operations — I — I — I — I UP UP 88.44 INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING Laboratory - Medical, analytical — — P P Construction contractor — MUP MUP Manufacturing/processing - Heavy (3) — — MUP MUP Within 1,000 feet of residential use — — — — UP — Existing forging and stamping use - — — — — UP UP Manufacturing/processing - Light — — P P Man ufactu ring/processi ng- Medium intensity (3) — — — — P P Within 500 feet of residential use — — — — MUP MUP Media production P P — — P P Recycling- Large collection facility — — — — P MUP 88.42.170 Recycling - Processing facility (3) — — — — UP — 88.42.170 Recycling- Reverse vending machine — — — P P P 88.42.170 Recycling - Small collection facility I— MUP P P 88.42.170 Research and development (3) — — — — P P Scrap and dismantling yard — — — — — — Storage - Outdoor — — — — MUP MUP Storage - Personal storage facility (mini -storage) — — — — MUP MUP Operating between 9:00 pm and 7:00 am — — UP UP Notes: (1) A definition oreach listed use type is in Article 6 (Glossary). (2) Allowed on a ssmnd or upper door 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 "mcreatioMandfill mixed use" by the general plan. (5) Allowed only in the am designated"hoteeconferenc, mer" by the genual plan. (6) Allowed only within the boundaries of an electric utility eafement for high voltage transmission lion. Key to Zone syenbab DTC Downtown - Town Center DE Edgewood District DCC Downtown - Civic Center DW West End Industrial District DTV Downtown - Transit Village DWL West End Light Industrial District 45635.0181 A6053474.1