HomeMy WebLinkAboutOrdinance No. 2015-O1ORDINANCE NO. 2015-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA
APPROVING AMENDMENT ZCA 236 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, since 2005, City staff has prepared a number of City Council approved
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 10, 2014, the Planning Commission of the City of Azusa
("Planning Commission") conducted a noticed public hearing on the proposed amendment 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 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 hearing for the amendment to the Development Code and
adopted Resolution No. 2014-23 recommending that the City Council approve the proposed
amendment to the Development Code; and
WHEREAS, on January 5, 2015, 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 in bold and the deletions are denoted by a bold strikethreugh font.
Article 3 — Site, Development, and Operational Standards
1. Section 88.30.020.E.2. — Sport Facility and Golf Course Fencing. Fence height greater
than that allowed by subsection C. May may be granted as determined by the director to be
appropriate for safety, based on the type of activities to be conducted within the fenced area
and adjacent properties, with a design review approval.
FEW
2. Section 88.30.040.E.1.b. Driveways
i. Access to streets. A em„er-eutt-o f corner cut-off area is a triangular area which is
formed by a straight line connecting a point ten (10) feet back of the front or side
street lot line and a point which is ten 10 43 feet on either side of a private
driveway measured along the applicable front or side street lot line.
3. Section 88.36.030.A. — Parking and Loading Spaces to be Permanent. Each parking and
loading space shall be permanently and continuously paved, available, marked and
maintained for parking and loading purposes for the use it is intended to serve. Parking
and/or vehicle storage is not permitted on unpaved commercial or residential lots.
Article 4 — Standards for Specific Land Uses
1. Section 88.42.140.F. Multi -Family and Small Lot Single -Family Projects—Open Space
Each multi -family residential project shall provide permanently maintained outdoor open
space for each dwelling unit (private space), and for all residents (common space), in
addition to required setback areas, except where the review authority determines that existing
public park or other usable open space is within convenient and safe walking distance.
2. Section 88.42.230 Shopping Centers Providing Additional Public Benefits.
Notwithstanding the limitations contained in the definition of "shopping center"
limiting the non -retail square footage of a shopping center to no more than 15% of
allowed uses, a shopping center owner may negotiate a development agreement that
provides additional public benefits to authorize an increase in the percentage of non -
retail uses. Any such development agreement shall be subject to negotiation and
approval pursuant to Chapter 88.53."
Article 7 — Glossary
Section 88.70.020. Definitions of Specialized Terms and Phrases
S. Definitions "S."
Shopping Center A primarily retail commercial site, where only no more than 15 percent
of allowed uses are non -retail (unless additional public benefits are provided through a
development agreement) and, on site where the gross lot size is eight 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 2. CEOA. The City Council finds that this amendment to the Development Code
is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section
15060(c)(2) because the activity, which involves amending Sections of Chapter 88 of the City of
Azusa Municipal Code, will not result in a direct or reasonably foreseeable indirect physical change
in the environment; and pursuant to Section 15060(c)(3) because the activity is not a project as
defined in Section 15378 of the CEQA Guidelines, California Code of regulations, Title 14, Chapter 3.
SECTION 3. 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 4. Findings of Fact. The City Council finds that the proposed addition to the
Development Code is consistent with the General Plan. The proposed revision furthers the
objectives and policies of the General Plan and does 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:
1. 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 adoption of these revisions to the Development Code is consistent with the City
of Azusa General Plan because the various adjustments to the regulations in the
Development Code are consistent with the land use designations contained in the
General Plan. Moreover, the revisions to the Development Code continue the
classification of areas using terms that are consistently used in the General Plan (i.e.,
Neighborhoods, Corridors are Districts). Further, the adjustments 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 addition, 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 will make the
Development Code a more effective and timely document by providing clarification
regarding vehicle parking, fencing, pedestrian safety and shopping centers.
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.
A zone change is not proposed as a component of this Development Code
Amendment. The existing zoning classifications will remain the same throughout the
City. Therefore, the proposed Development Code Amendment would not adversely
affect surrounding properties because current land use and zoning designations will
remain as they are.
SECTION 5. Effective Date. This ordinance shall be in full force and effect thirty (30)
days after its passage.
SECTION 6. Publication. The City Clerk shall certify the adoption of this Ordinance and
shall cause the same to be posted as required by law.
PASSED, APPROVED and ADOPTED this 20`h day of January, 2015.
oseph Romero Rocha
Mayor
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Ordinance No. 2015-01, was duly introduced
and placed upon its first reading at a regular meeting of the Azusa City Council on the 5'h day of
January, 2015 and that thereafter, said Ordinance was duly adopted and passed at a regular
meeting of the Azusa City Council on the 20`h day of January, 2015 by the following vote to wit:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
JZW,ILDOO�gce/ i
City Clerk
APPROVED AS TO FORM:
Marco. Martinez
Best Bet & Krieger P
City Attorney