Loading...
HomeMy WebLinkAboutAgenda Packet - June 14, 2006 - CCAMENDED AGENDA SPECIAL MEETING OF THE CITY COUNCIL AZUSA SENIOR CENTER 740 NORTH DALTON AVENUE A. PRELIMINARY BUSINESS • Call to Order • . Roll Call WEDNESDAY, JUNE 14, 2006 6:30 P.M. B' PUBLIC PARTICIPATION -Please note -that public comments are welcomed by recognition of the Mayor. C. AGENDA ITEMS CONTINUATION OF PUBLIC WORKSHOP ON CODE COMPLIANCE ISSUES. RECOMMENDED ACTION: Appoint a committee of 7 to 9 individuals with diversity of perspective, to provide a recommendation regarding enforcement policies of the new Development Code as it pertains to parking of RV's, boats, and trailers, the installation of canopy structures and commercial vehicle parking. D. ADIOURNMENT 1. Adjourn %n compliance with the Americans with Disabilities Act, ifyou need special assistance to participate in a city meeting, please contact the City Clerk at 626-812-5229. Notification three (3) working days prior to the meeting of time when special services are needed Foil assist staff in assuring that reasonable arrangements can be made to provide access to the meeting " 4 7.%, „, . ‘jriel ::1°1 AZUSA AGENDA ITEM TO: HONORABLE MAYOR AND COUNCILMEMBERS ("4“- FROM: BRUCE COLEMAN, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR; ROBERT PERSON, ASSISTANT CITY MANAGER /02/C DELACH, CITY MANAGER VIA: F. M. C � j �,� DATE: JUNE 14, 2006 SUBJECT: CONTINUATION OF PUBLIC WORKSHOP ON CODE COMPLIANCE ISSUES RECOMMENDATION It is recommended that the City Council appoint a committee of 7 to 9 individuals with diversity of perspective, to provide a recommendation regarding enforcement policies of the new Development Code as it pertains to parking of RVs, boats, and trailers, the installation of canopy structures and commercial vehicle parking. BACKGROUND 1. Adoption of 2005 Development Code On April 19, 2004, the City Council adopted the first major update to the Azusa General Plan in more than 20 years. The new General Plan was the product of extensive public participation, resulting in major policy changes applicable to the development of the City. While the General Plan sets the basic framework for development, the City's zoning regulations (Development Code) play a crucial role in implementing the goals and objectives contained in the General Plan. The new Development Code was adopted following an extensive public participation process. This process started at the Planning Commission which held public workshops on: ➢ July 28, 2004 ➢. August 11, 2004 ➢ August 18, 2004 The Planning Commission then held public hearings on: / MI' ➢ August 25, 2004 / )=. ",p September 1, 2004 7 �j jr //l ➢ September 22, 2004 /-e-ii4 / ➢ October 13, 2004 t 4,4a6,,,z_;,,;>" ry, t , f/L. (,11412i, Gam`, Honorable Mayor and City Council Members CODE COMPLIANCE June 14, 2006 Page 2 The Planning Commissioners then voted in favor of recommending that the Council approve the new Development Code at the October 21, 2004 Public Hearing. The City Council held public workshops on: ➢ November 8, 2004 ➢ November 29, 2004 The City Council held regular meetings on: ➢ November 1, 2004 ➢ November 15, 2004 ➢ December 6, 2004 ➢ December 20, 2004 ➢ January 18, 2005 ➢ February 7, 2005 ➢ February 22, 2005 The Council adopted the new Development Code on February 22, 2005. This process involved extensive public notification consisting of Public Hearing Notices (1/8 th page display advertisements)which were published in the Azusa Herald prior to the Planning Commission and City Council Public Hearings. The 2005 Development Code deals with a large variety of zoning issues including development standards, allowable land uses,parking regulations (including recreational vehicle parking), signage regulations,and other standards. With regard to RV's, the 2005 Code establishes regulations which prohibit the parking of RV's in the front yard or side street setback areas. It prohibited the parking of commercial vehicles on private property in residential neighborhoods. It retained the prohibition of some temporary "A frame"- type signs and modified the maximum timeframe for banner-type signs. This existing Development Code also provided that portable tents &shelter structures were only allowed in the rear yards of residential areas. When used to shelter vehicles (i.e. as a carport), these canopies can not be visible from a public street. Since adoption of the Development Code in February, 2005, Planning staff has been compiling a list of "cleanup" items as issues have arisen with regard to the new Code. The Planning Commission then reviewed the Development Code Update at their meetings on January 11, January 25, and February 15, 2006 and held public hearings on the revisions on March 15, and April 12, 2006. At the April 12th meeting, the Planning Commission recommended that the City Council approve the proposed changes. At its May 15th meeting, the City Council opened a public hearing on the proposed changes to the Development Code and continued the public hearing to allow additional opportunities for public comment. In addition, the Council specifically deferred action on various RV and other parking regulations until after the May 30th Council Workshop on Code Compliance. 2. Code Compliance Issues In October, 2005, the City Council established a goal of implementing an aggressive Code Compliance program that reduces visible blight and unsafe living conditions by 25 percent. In April, Code Compliance staff undertook a windshield survey of the City and discovered the following Code Compliance issues: - 68 portable business signs - 217 vehicle canopies - 22 excessive window signs Honorable Mayor and City Council Members CODE COMPLIANCE June 14, 2006 Page3 - 88 boats/RV's/trailers - 31 vehicles on lawns In addition to these violations, there are numerous housing, health and safety, and building code violations which are not visible from the window survey. Staff sent out Code Compliance violation notices to over 1000 addresses in May covering a variety of issues such as RV's and signs. Community concerns were expressed about these notices at the Council meetings on May 1st and May 15th. This led to the City Council conducting a Workshop on Code Compliance issues on May 30th. During the May 30th Council Workshop, the Council heard a presentation from staff regarding Code Compliance programs and issues and received comments from 35 residents regarding a variety of Code Compliance issues, with a primary focus on recreational vehicles, canopy structures and other parking related issues. A number of questions were raised by residents at the meeting and Council directed staff to prepare a response to these questions. The Council then scheduled a follow-up workshop for June 14th. Exhibit "A" contains a summary of the questions raised at the May 30`h Meeting and staff's responses to the questions In addition to the various questions raised by residents at the May 30th meeting, staff made various recommendations regarding the Code Compliance program. This included establishing a citizens committee to study matters relating to RV and other parking on private property and for the committee to return with their recommendations. If the Council decides to appoint such a committee, then the committee would be staffed by the Assistant City Manager so as to ensure that adequate City resources are available. In addition, staff recommended that the Code Compliance function be reorganized so that building-related Code Compliance remains in the Economic and Community Development Department and that enhanced and increased Code Compliance programs be reassigned to the Police Department. This issue will be discussed further as part of the City Council's budget review meeting. Honorable Mayor and City Council Members CODE COMPLIANCE June 14, 2006 Page 4 EXHIBIT "A" QUESTIONS RAISED BY RESIDENTS AT THE MAY 30TH COUNCIL WORKSHOP The following is a summary of the questions raised at the May 30th meeting and staffs responses to the questions: General Questions: 1. What process was utilized to notify the public regarding the adoption of the Development Code in 2005? Why weren't public workshops held on the Development Code before it was adopted in 2005? The Development Code implements the General Plan. The City used an extensive process to involve the community in the establishment of the General Plan including the Citizens' Congress sessions that drew hundreds of participants. The City used town hall meetings, the "future fiesta" during Golden Days, neighborhood meetings, newsletters, cable TV broadcasts, newspaper notices and notices in utility bills to maximize public participation. Immediately following the 2004 adoption of the General Plan, the Planning Commission and City Council held approximately 18 public workshops and public hearings before the adoption of the new Development Code. Under state law,when a code amendment affects 1,000 or more property owners,a city is required to place a 1/8 page display advertisement in the local newspaper. The City placed display advertisements in the Azusa Herald prior to the Planning Commission and City Council hearings. In addition, the City sent letters prior to the July 2004 Development Code Workshops. 2. What is a "district" or "corridor"? The Development Code and General Plan describe the Districts & Corridors. The Zoning "Districts" includes the Downtown, University, West End and the Edgewood Districts. The Zoning "Corridors" include the Foothill Blvd., Azusa and San Gabriel Avenues, South Azusa and Arrow Highway. 3. What is a front yard setback area? Side Street Setback area? This is the minimum distance that a house or other structure must be"setback"from the property/lot line. Under the code, as a general rule, the front of a house must be setback 20 or 25 feet from the lot line. 4. How is a front yard setback measured when there is no sidewalk? The front setback is measured from the front property line, which is usually located at the "back" of the sidewalk. Where no sidewalk exists,the front property line is typically 8 to 10 feet behind the street curb. The City Engineering Division has maps available to help property owners. 5. What notices did the City send out to invite the public to the May 30th meeting? The City requested that the San Gabriel Valley Tribune do an article about the meeting, letters were sent to residents who signed the petitions, and the City placed information regarding the meeting on the website. Honorable Mayor and City Council Members CODE COMPLIANCE June 14, 2006 Page 5 6. Why should the Police Dept hire additional Code Compliance Officers? Shouldn't those resources be utilized to deal with crime and public safety issues? The Police Department will be hiring Community Service Officers that will be dealing with some non- emergency police calls as well as assisting with code compliance. Many of these issues do deal with prevention of crime and public safety related issues. We feel that the resources in the Police Department will have more of a deterrent effect on these public safety issues. 7. Does the City inform residents regarding the location of their property line? If a wall is located incorrectly,will the City require that the existing wall be removed and relocated? The City can provide general information about a property including the approximate location of the front property line. The location of a wall is a private civil matter between two affected property owners. The City will only intervene if the wall encroaches into the public right of way or if the wall is a hazard. It is the responsibility of a property owner to hire private surveyors if a dispute arises between property owners as to property lines. RV's/Boats/Trailer/Parking/Canopv Questions: 1. Why weren't boats also restricted from parking in the front setback area in residential areas? Boats are part of the proposed Development Code and considered recreational vehicles. This Code Update has not yet been approved by Council and this issue could be discussed by the Committee if a decision is made to appoint such a Committee. 2. Can trailers/motorhomes be stored in an alley if the garage is located in the rear? You can park in the rear yard on a paved surface adjacent to an alley; you cannot park in the alley itself. 3. Why were courtesy notices on RV's only sent to the areas north of Alosta? Notices were sent throughout the community, 127 letters were mailed out. 4. If you don't currently have a garage,are you being required to build a new garage under the 2005 Development Code? No, unless you are adding on to a house. 5. Why can't landscaping and construction-related business trailers be parked in residential areas? Generally, businesses and business related activities-including the parking of commercial vehicles are not compatible in residential neighborhoods. 6. Why is the existing RV parking restriction retroactive? Why can't all existing RV's be grandfathered? Although it would be costly in terms of additional staff and time to implement a grandfather provision,the Committee may want to study this as an option. 7. What is the RV parking restriction in the Rosedale neighborhood? Honorable Mayor and City Council Members CODE COMPLIANCE June 14, 2006 Page 6 The Rosedale CC&R's would prohibit RV parking on private property. 8. What happens if there is no way to fit an RV's into the rear yard area or into a garage? Under the current code, the RV would need to be stored off site. 9. Why doesn't the City enforce its regulations on abandoned cars? The City does enforce these regulations when staff is aware of the existence of abandoned cars. If abandoned cars are seen on the street, they may be reported to,the police department. 10. What are the regulations on inoperable vehicles? Under the City code, inoperable stored vehicles in public view are prohibited. 11. What are the regulations relating to repairing cars in the front yard/driveway area? Why can't this work be done under a portable shade structure? Cars may be repaired in a driveway as long as the car does not become an inoperable, stored vehicle. A shade structure can be used as long as it is not permanently in place. 12. Can RV's be parked in the street? RV's can be parked in the street as long as they are moved in 72 hours 13.Will the City be issuing additional courtesy notices specifying the time frames for compliance if the City decides to enforce the RV regulations in the future? The City will always try to provide adequate notices before citations or fines are issued. The emphasis is on encouraging voluntary code compliance. 14.Why can't the City just enforce canopy and RV regulations when the canopy or RV are not being maintained in a neat and clean manner—allowing all other RVs and canopies to remain in the front yard setback area? Unless clear, concise maintenance criteria are established, this becomes very subjective. One option that the Committee could consider would be to allow RV's in the front yard setback area as long as the vehicle is kept 5 feet behind the sidewalk so that the site visibility is not affected. The City could issue an administrative permit to allow RV's to be parked and the permit would specify the basic maintenance standards for the RV, trailer, or boat. If the RV or other vehicle is not being kept neat and clean, the permit could then be revoked and the City could take action on the violation. 15. Why does the existing City code only allow a 24 hour period for the loading and unloading of RV's? How does the City know if a vehicle is only parked for 24 hours? The code currently allows 24 hrs to allow time to load and unload the RV. It is difficult for the City to know if the 24 hour parking restriction is being exceeded or if this is adequate time. Therefore, the proposed Development Code Update being considered by the Council would extend that time frame Honorable Mayor and City Council Members CODE COMPLIANCE June 14, 2006 Page 7 subject to the City issuing a temporary permit. The Committee may wish to consider this issue as part of its review of the RV parking provisions. 16. Can an RV be parked in the rear yard? Yes, on a paved surface. 17. What regulations apply to transients living in RV's? Is this regulation being enforced? The police use the 72 hour on-street parking restriction. Community Development utilizes building code provisions when feasible to enforce this restriction. 18. How is the parking of an RV or boat in front yard considered to be "blight"? The parking of an RV or board in a front yard can be a safety issue in instances where the RV or boat is parked in such a manner as to affect visibility. This can, in turn, create a liability issue for the homeowner. In other instances, the parking of an RV or boat can be an aesthetics issues. There can be differing opinions in the community as to whether this is an aesthetics concern. The Committee could consider this issue and make its recommendation to the City Council. Questions Related to Signage 1. Why does the City allow grand opening signs to remain for a year? These temporary signs are not allowed to remain for this period. Temporary banners are allowed for up to 30 days per year. Although the City has adopted various codes, many of these codes have not been actively enforced over the years. The City is now attempting to do a better job of proactively enforcing its sign and other codes within existing staff resources. 2. What regulations apply to political signs? Political signs are allowed without a sign permit provided they meet certain code regulations such as sign size, consent of the property owner and various requirements regarding removing signs after the election. 3. Can holiday displays be painted on store windows? Yes, up to 20% of the total window area can be covered by signs.