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HomeMy WebLinkAboutOrdinance No. 11-O16 (2)ORDINANCE NO. 11-016 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 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 September 14, 2011, 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 amendments to the Development Code and adopted Resolution No. 2011-20 recommending that the City Council approve the proposed amendments to the Development Code; and WHEREAS, on October 3, 2011, 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 I. The Development Code is amended as follows, with additions shown in underline and deletions in 4riketlifett9h. SECTION 2. Table 2-2 of Article 2 of Chapter 88 of the Azusa Municipal Code is hereby amended in part to read as follows: A-1 TABLE 2-2 P Permitted Use, Zoning Clearance required Allowed Land Uses and Permit Requirements MUP Minor Use Permit required . for Districts UP Use Permit required S Permit requirement set by Specific Use Regulations — Use not allowed LAND USE TYPE (1) PERMIT REQUIRED BY ZONE Specific Use Regulations DTC DCC DTV DE IDW DWL AGRICULTURAL AND RESOURCE-BASED USES Plant nursery MUP( MUP(6) MUP( MUP MUP( MUP( 6) 6) (6) 6) 6) Surface mining operations — — — — UP UP 155.44 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 Manu facturing/processing—Medium intensity (3) — — — P P Within 500 feet of residential use — — — MUP MUP Media production P P P P MUP, -- recycling—Large collection facility n =jM nP 88.42.170 MUP Recycling—Processingfacility (3) — — — -- UP — 88. 2.170 Recycling—Reverse vending machine — — — P P P 88.42.170 r-0 MUPP R---mecycling—Small collection fac hty o M J g MUP, 88.42.170., Research and development (3) '— '— — P P Scrap and dismantling yard — — - Storage—Outdoor — - Storage—Personal storage facility (mini -storage) — — — — MUP MUP Operatmg between 9:00 p.m. and 7:00 a.m. WN 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) PERMIT REQUIRED BY ZONE Specific Use Regulations DTC DCC DTV DE DW ID WL SERVICES - GENERAL Catering service — — — — P P Child day care—Large or small family day care home (3) — — — — — — 88.42.060 Day care center—Child or adult (3) MUP MUP MUP MUP — MUP 88.42.060 Drive-through service — — — MUP — — Equipment rental — — — — P P Lodging—Bed & breakfast inn (B&B) P P P — — — Lodging—Hotel or motel P P P — — — Maintenance service—Client site services — — — — P P Mixed use project P P P P — — 88'42'120 Mortuary, funeral home — — — UP — UP Personal services P P P P P P Personal services—Restricted - — — — — P P Public safety facility (3) P P P P P P Repair service—Equipment, large appliance, etc. Tattoo / Bodv Piercing — — F1 — _ — P UP P UP. 88'422200. vehicle service—Major repair/body work — — — P P(8) Vehicle service—Minor maintenance/repair — — — -- P P(8) Veterinary clinic, animal hospital, boarding kennel — — — — up up SECTION 3. Section 88.29.020.E is hereby revised to read as follows: E. Shopfront. The building fayade:^ a.,,,ed at or at idewalk gfade: This building facade type is intended for retail use and is commonly equipped with an awning, when located adjacent to the property line. An awning that extends over the sidewalk requires an encroachment permit. SECTION 4. Section 88.36.080.13 is hereby revised to read as follows: B. Reduction by Use Permit Variance. The review authority may reduce the number of parking spaces required by Section 88.36.050 (Number of Parking Spaces Required) through a use permit variance approval, based on quantitative information provided by the applicant that documents the need for fewer spaces (e.g., sales receipts, documentation of customer frequency, information on parking standards required for the proposed land use by other cities, etc.). A-3 SECTION 5. Section 88.36.050 Table 3-7 Parking Requirements by Land Use is hereby amended to read as follows: Mediuin Large Collection facility I Determined by Minor Use Permit. SECTION 6. Section 88.42.170 is hereby amended to read as follows: 88 42.170. - Recycling Facilities. Where allowed by Article 2 (Urban Standards), recycling facilities shall comply with the regulations of this section, except that scrap, junk, and automobile wrecking yards shall instead comply with Section 88.42.050. A. Reverse Vending Machines. Reverse vending machines shall comply with the following standards. 1. Accessory Use Only. Each machine shall be installed only as an accessory use to an allowed primary use. 2. Location Requirements. If located outside of a structure, a machine shall not occupy parking spaces required by the primary use. 3. Signs. Sign area shall not exceed four square feet for each machine, exclusive of operating instructions. Total sign area shall comply with Chapter 88.38 (Signs). 4. Lighting. Each machine shall be illuminated to ensure comfortable and safe operation if the machine is accessible between dusk and dawn. The light source shall be shielded so that glare and reflections are confined to the site. B. Small and Large arid-Medium-Collcetion Facilities. A small or large niedium collection facility shall comply with the following standards. 1. Location Requirements. a. A small collection facility shall not be located within 50 feet, and a large mediuin collection facility shall not be located within 200 feet, of a parcel zoned for or occupied by a residential use. b. Each facility shall be set back at least ten feet from any public right-of-way, and not obstruct pedestrian or vehicle circulation. t. Maximum Size. A facility shall comply with the following maximum size requirements, not including space periodically needed for the removal of materials or exchange of containers: a. A small collection facility shall not occupy more than 600 350 square feet nor live three parking spaces. b. A large medium -collection facility shall not occupy more than 6W 45.000 square feet. 3. Appearance. Collection containers and site fencing shall be of a color and design that is compatible and harmonious with the surrounding uses and neighborhoods. 4. Operating Standards. r " ` ' es shave a. Small collection facilities shall not use power -driven processing equipment, except for reverse vending machines; b Large collection facilities allowed activities are limited to baling compacting crushing, and sorting of source -separated recyclable materials. c Outbound truck shipments from the site shall not exceed an average of two each day. b -d. Small andLarge Collection facilities shall accept only glass, metal, or plastic containers, paper, and reusable items; A-4 e -.e. Small and Large Collection facilities shall use containers that are constructed with durable waterproof and rustproof materials, secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule; and �f. Small and Large Collection facilities shall be screened where determined by the review authority to be necessary because of visibility; eg.Small and Large Collection facilities shall be continuously maintained so that the site is free from trash and litter at all times. h. Large collection facilities sorting, processing and storage shall be conducted entirely indoors. 5. Signs. Non -illuminated signs may be provided as follows: a. Identification signs are allowed with a maximum area of 15 percent for each side of the structure or 12 square feet, whichever is greater. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container; b. Additional directional signs, consistent with Chapter 88.38 (Signs), may be approved by the director if found necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way. C. Processing Facilities. Processing facilities shall comply with the following standards. 1. Location Requirements. A processing facility shall not be located on.a parcel that abuts a parcel zoned or occupied for residential use. 2. Limitation on Activities. Allowed activities are limited to baling, briquetting, compacting, crushing, grinding, shredding, and sorting of source -separated recyclable materials and repairing of reusable materials. The facility shall not bale, compact, or shred ferrous metals, other than beverage and food containers. outbound 4ruek shipments ftaw,01&-s�� p3rop'p.d. BA average of two eaeh day. I . Maximum Size. The faeflity shall not emeeed 45,000 square feet of f109r OF gFoMfid afed. the rnateriels. 5-.3.Outdoor Storage or Activities. All .i a h i'�g sorting and processing shall be conducted entirely indoors. t}4. Operating Standards. Any dust, fumes, odor, smoke, or vibration, produced by the facility above ambient levels, shall not be detectable on adjoining parcels. SECTION 7. Section 88.42.220—Tattoo/Body Piercing is hereby added to read as follows: A minimum separation distance of five hundred feet is required between each industrial zoned parcel containing a tattoo/body piercing establishment and no more than one tattoo/body piercm establishment is allowed per parcel. SECTION 8. The following definitions contained in Section 88.70.020 are hereby added or amended to read as follows: A-5 Section 88.70.020.M: Material Recovery Facility. A material recovery facility is a specialized processing facility that receives and separates recyclable materials municipal solid waste, green waste and related items It also prepares the recyclables for marketing to end-user manufacturers and prepares the municipal solid waste and green waste for further disposal A transfer station may be included. Section 88.70.020.P: Personal Services - Restricted. Personal services that may tend to have a blighting and/or deteriorating effect upon surrounding areas and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include: check cashing stores fortune tellers palm and card readers pawnshops psychics spas and hot tubs for hourly rental tattoo and body erviees Section 88.70.020.R: Recycling Facility. This land use type includes avariety of facilities involved with the collection, sorting and processing of recyclable materials. 1. Snsa4l-Collection Facility. A center where the public may donate, redeem or sell recyclable materials, which may include the following, where allowed by the applicable zoning district: a. Small Collection Facility i. Includes reverse vending machines; ii. Small collection facilities which occupy an area of 600 square feet or less; iii May include a mobile unit; b. 3. Large Collection Facility. Large collection facilities occupy an area of more than 480 600 square feet and/or include permanent structures. 2. � Mobile Recycling Unit. An automobile, truck, trailer, or van used for the collection of recyclable materials, carrying bins, boxes, or other containers. 3.4 Processing Facility. An entirely indoor facility for the collection and processing of recyclable materials for shipment, or to an end -user's specifications, by such means as baling, briquetting, cleaning, compacting, crushing, flattening, grinding, mechanical sorting, re -manufacturing and shredding. Also includes the disassembling, breaking up, sorting, and the temporary storage and distribution of recyclable or reusable waste materials, other than motor vehicles and/or motor vehicle parts. -Ren;-F lleeFt if al' Feeyer� eammereially or industrially designated site ased s3lel), feFthe+eeyelingef material genefated on th See 4.6- Recycling or Recyclable Material. Reusable domestic containers and other materials which sand be reconstituted, re -manufactured, or reused in an altered form, including glass, metals, paper plastic. Recyclable material does not include refuse or hazardous materials. A-6 5.:77 Reverse Vending Machine. An automated mechanical device which accepts at least one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value, as determined by state law. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers. A bulk reverse vending machine is a reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time, and issues a cash refund based on total weight 6.8: Scrap and Dismantling Yards. See "Scrap and Dismantling Yard." Section 88.70.020.T: Tattoo and Body Piercing Parlor. Establishments engaged in the act of placing an indelible mark or figure upon the human body by insertion of pigment under the skin or by of scars Also includes body piercing as a pnmary use. SECTION 9. CEQA. 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 10. 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 11. Findings 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. In accordance with section 88.51.060(E) of the Azusa Development Code, the City Council approves the Code Amendment based on the following findings of fact: 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 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 clarifications and additions to the development standards contained in the Development Code A-7 further the objectives and policies of the General Plan and do not obstruct their attainment. General Plan Chapter 3: the Built Environment — Land Use Goals and Policies 1.2, calls to "Establish land use designations and appropriate density and development standards to insure a balance of land uses; and enhance the City's long-term economic and fiscal well-being, including housing units of all types and prices; retail and commercial uses; employment generating industrial businesses; recreational facilities; governmental services; utilities and infrastructure; institutional and religious; and open space as defined in Land Use Diagram Classification, Table CD -2 and shown on the regulating Plan, figure CD -3 and Land Use Diagram, figure CD- 4." The proposed code amendment, regarding the location of tattoo/body piercing establishments and building frontages, clarifies existing development standards. This. clarification ensures a balance of land uses and helps to enhance the City's economic well-being. The proposed code amendment regarding recycling facilities is also consistent with this General Plan policy by establishing a land use designation and development standards for large recycling collection facilities and by clarifying development standards for all of the different types of recycling facilities. General Plan Chapter 3: The Built Environment — Land Use Goal 12 requires that the "City's General Plan and Development Code are updated and maintained to increase effectiveness." The proposed code amendment regarding the parking requirement reduction process will make the Development Code a more effective and timely document by providing an updated process. Based on the above facts, the proposed code amendment is consistent with the approved General Plan. 2. That the proposed zone change will not adversely affect surrounding properties. The proposed zoning code amendment does not include azone change. However, the proposed code amendment does amend the standards for various uses in different zones. The revised standards for tattoo body -piercing establishments will be more restrictive, requiring review and approval of a Use Permit for the use. The revised standards for the recycling facility add additional standards for large collection facilities and now require a Minor Use Permit for both the large and small collection facilities. The revised Parking Reduction process will now require a Variance approval. For approval, all the required Use Permits, Minor Use Permits or Variances will require the finding that the permit or variance would not be detrimental or materially injurious to property in the vicinity and zoning district in A-8 which the subject property is located. These required findings will ensure that the proposed zoning code amendment will not adversely affect surrounding properties. SECTION 12. Effective date. This ordinance shall be in full force and effect thirty (30) days after its passage. SECTION 13. Summary. A summary of this ordinance shall be published in the manner required by law. PASSED, APPROVED, AND ADOPTED this 20 day of October, 2011. I, Vera Mendoza, City Clerk of the City of Azusa hereby certify that the foregoing Ordinance No. I I- 016, 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 3rd day of October 2011, and that thereafter, said ordinance was duly adopted and passed at a regular meeting on the 24'h day of October, 2011, by the following vote of the Council: AYES: COUNCIL MEMBERS: GONZALES, CARRILLO, HANKS, ROCHA NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: MACIAS ABSTAIN: COUNCIL MEMBERS: NONE y A n n oseph R. Rocha Mayor ATTEST: era Mendoza City Clerk APPROVED AS TO FORM: Sonia R. Carvalho City Attorney A-9