HomeMy WebLinkAboutAgenda Packet - October 24, 2011 - CC Adj �d 0X
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AGENDA
ADJOURNED REGULAR MEETING
OF THE CITY COUNCIL
AZUSA LIGHT AND WATER MONDAY, OCTOBER 24, 2011
729 NORTH AZUSA AVENUE Immediately following Utility Board
which begins at 6:30 p.m.
A. PRELIMINARY BUSINESS
• Call to Order
• Roll Call
B. PUBLIC PARTICIPATION
(Person/Group shall be allowed to speak without interruption up to five (5) minutes maximum time, subject
to compliance with applicable meeting rules.
C. AGENDA ITEM
1. AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 88,"DEVELOPMENT
CODE, MARCH 2005" (2005 CODE) OF THE CITY OF AZUSA MUNICIPAL CODE
REGARDING TATTOO/BODY PIERCING USES, FIREARM SALES, FRONTAGE TYPE
REQUIREMENTS, PARKING RELIEF, MATERIAL RECOVERY/RECYCLING FACILITIES.
RECOMMENDED ACTION:
Waive further reading and adopt Ordinance No. 11-016.
D. ADJOURNMENT
"In compliance with the Americans with Disabilities Act, if you 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 or time when special services are needed will assist staff in assuring that reasonable arrangements
can be made to provide access to the meeting."
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 1. The Development Code is amended as follows, with additions shown in
underline and deletions in strip.
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:
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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
DTC DCC DTV DE DW DWL Regulations
AGRICULTURAL AND RESOURCE-BASED USES
Plant nursery MUP( MUP(6) MUP( MUP MUP( MUP(
6) 6) (6) 6) 6)
Surface mining operations — — — — 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
Manufacturing/processing—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
MUP
Recycling—Processing facility(3) UP — 88.42.170
Recycling—Reverse vending machine P P P 88.42.170
Recycling—Small collection facility - — MUP P P 88.42.170
MUP MUP
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 p.m. and 7:00 a.m. — — — — UP UP
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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
DTC DCC DTV DE DW DWL Regulations
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. P P
Tattoo/Body Piercing = _ — — UP UP 88.42.220.
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. -- ..• . ._.. . . . . . - . - - - -- - -- • - .- - , ..- -
at sidewalk grade. This building façade 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.B is hereby revised to read as follows:
B. Reduction by Unit 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-pefmit
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.).
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SECTION 5. Section 88.36.050 Table 3-7 Parking Requirements by Land Use is hereby
amended to read as follows:
Medium Large Collection facility 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 Collection Facilities.
A small or large medium 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 medium
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.
2.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 3-59 square feet nor twe three
parking spaces.
b. A large collection facility shall not occupy more than 600-45,000 square feet.
nor four parking spaces.
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. Collection facilities shall:
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.
hTd. Small and Large Collection facilities shall accept only glass,metal,or plastic containers,
paper, and reusable items;
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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
€1f. Small and Large Collection facilities shall be screened where determined by the review
authority to be necessary because of visibility;
e:g.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. e . .. .. . . -- - - -- ' .
- . an avcragc of two each day.
3. Maximum Size. The facility shall not exceed 15,000 square feet of floor or ground area.
4. . . -- _-_. •. . .•-- - . •. . . ". - ... " -- - •- - - . . - - . - •.
. -- ., - . . !! -- - .. - - -- - . . . . - •.- - ' ,
the material
5:3.Outdoor Storage or Activities.All - . - . : -: ., . . ' .' •- . . - ' -
within a building sorting and processing shall be conducted entirely indoors.
674. 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 piercing
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:
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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 piercing services
Section 88.70.020.R: Recycling Facility.This land use type includes a variety of facilities involved
with the collection, sorting and processing of recyclable materials.
1. Small 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. 2 Large Collection Facility.Large collection facilities occupy an area of more than 400 600
square feet and/or include permanent structures.
2. 3- Mobile Recycling Unit. An automobile, truck, trailer, or van used for the collection of
recyclable materials, carrying bins,boxes, or other containers.
3..47 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.
5. Recycling Facility..A center for the collection and/or processing of recyclable materials. A
"certified"recycling or processing facility is certified by the California Department of Conservation
as meeting the requirements of the California Beverage Container Recycling and Litter Reduction
Act of 1786. A recycling facility does not include storage containers located on a residentially,
commercially or industrially designated site used solely for the recycling of material generated on the
site. See "Collection Facility" above.
4.6- Recycling or Recyclable Material.Reusable domestic containers and other materials which can
be reconstituted, re-manufactured, or reused in an altered form, including glass, metals, paper and
plastic. Recyclable material does not include refuse or hazardous materials.
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5. 7- 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. & 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 product of scars. Also includes body piercing as a primary use.
SECTION 9. CEOA. 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:
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 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
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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 a zone 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
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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 17th day of October, 2011.
I,Vera Mendoza,City Clerk of the City of Azusa hereby certify that the foregoing Ordinance No. 11-
026,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 17th day of October,2011,by the following vote of
the Council:
AYES: COUNCIL MEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
Joseph R. Rocha
Mayor
ATTEST:
Vera Mendoza
City Clerk
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
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