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HomeMy WebLinkAboutOrdinance No. 92-O8 ORDINANCE NO. 92-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING CERTAIN SECTIONS OF TITLE 19, ZONING, OF THE AZUSA MUNICIPAL CODE AND ADDING CHAPTER 19 . 43 THERETO PERTAINING TO RESTRICTIONS ON GUEST HOUSES AND OVERSIZED RESIDENCES (CODE AMENDMENT NO. 177) THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Azusa hereby finds, determines and declares as follows: A. The City Council of the City of Azusa held a duly noticed public hearing on October 7 , 1991 concerning Code Amendment No. 177 and, after fully considering all oral and written testimony presented, referred this matter back to the Planning Commission for further review. B. The Planning Commission for the City of Azusa held a duly noticed public hearing on November 13 , 1991 and, after fully considering all oral and written testimony offered at said hearing, adopted Resolution No. 91-84 , recommending to the City Council the adoption of this ordinance. C. The City Council of the City of Azusa held a duly noticed public hearing on December 16, 1991 concerning this ordinance and fully and carefully considered all oral and written testimony offered therein prior to acting on this ordinance. D. These amendments to the Azusa Municipal Code address floor area ratio and second story setback requirements and prohibit guest houses within all residential zones. These amendments shall only apply to new construction. Structures legally existing at the effective date of this ordinance shall not be deemed non-conforming for purposes of the amortization provisions of Section 19 . 40. 50 of the Azusa Municipal Code. E. These amendments to the Azusa Municipal Code as set forth in this ordinance are consistent with the public necessity, convenience, general welfare and good zoning practice and are necessary for the preservation of the public health, safety and general welfare. F. These amendments to the Azusa Municipal Code as set forth in this ordinance protect residential neigh- borhood scale, density and character and, in so doing, are consistent with and conform to the General Plan of the City of Azusa and each of the elements thereof and furthers the intent of Title 19, ZONING, of the Azusa Municipal Code. G. In taking this action, the City Council has con- sidered the effects of its decision on the housing needs of the region in which the City is located and balanced those needs against the public service needs of the City's residents and available fiscal and envi- ronmental resources. SECTION 2 . Section 19 . 04 . 305 is hereby added to the Azusa Municipal Code to read as follows: 2485.1 "19 . 04. 305 FLOOR AREA RATIO. 'Floor area ratio' shall mean the gross floor area of all buildings on a lot divided by the lot area. " SECTION 3 . Section 19 . 08. 020 (8) of the Azusa Municipal Code is hereby amended to read as follows: "19. 08. 020 (8) Accessory buildings and uses custom- arily incident to any of the above uses, including a private garage, parking space, and private recreation facilities. Guest houses and kitchen facilities within accessory buildings are prohibited. Guest houses legally existing prior to February 19, 1992 shall be permitted uses. " SECTION 4 . Section 19. 08 . 181 is hereby added to the Azusa Municipal Code to read as follows: "19. 08. 181 FLOOR AREA RATIO. Floor area ratio shall not exceed fifty percent of the total lot area. " SECTION 5. Section 19 . 08 . 185 is hereby added to the Azusa Municipal Code to read as follows: "19 . 08. 185 SECOND STORIES. The following requirements shall apply to all second story construction: (1) At least fifty percent of the exterior wall length of a second story shall be set back a minimum of five feet from the exterior walls of the first story. (2) Total floor area of a second story shall not exceed seventy-five percent of the first story. (3) Exterior entrances into second story areas are prohibited unless providing primary access to permitted separate dwelling units. Entrances leading to second story areas for detached single-family residences shall be from interior stairways only. " SECTION 6. Section 19 . 08. 189 is hereby added to the Azusa Municipal Code to read as follows: "19. 08 . 189 EXISTING STRUCTURES. Structures legally existing before February 19, 1992 which do not conform to the requirements of Sections 19 . 08 . 181 or 19 . 08. 185 shall not be designated as "nonconforming" under Sec- tion 19 . 40. 050 for floor area ratio or second story requirements. " SECTION 7 . Section 19 . 14 . 020 (4) of the Azusa Municipal Code is hereby amended to read as follows: "19. 14 . 020 (4) Accessory buildings and uses custom- arily incident to any of the above uses. Guest houses and kitchen facilities within accessory buildings are prohibited. Guest houses legally existing prior to February 19, 1992 shall be permitted uses; " SECTION 8 . Section 19 . 14 . 091 is hereby added to the Azusa Municipal Code to read as follows: "19. 14 . 091 FLOOR AREA RATIO. Floor area ratio shall not exceed sixty percent of the total lot area. " SECTION 9. Section 19 . 14 . 095 is hereby added to the Azusa Municipal Code to read as follows: "19 . 14 . 095 SECOND STORIES. The following requirements shall apply to all second story construction: 2485.1 -2- (1) At least fifty percent of the exterior wall length of a second story shall be set back a minimum of five feet from the exterior walls of the first story. (2) Total floor area of a second story shall not exceed seventy-five percent of the first story. (3) Exterior entrances into second story areas are prohibited unless providing primary access to permitted separate dwelling units. Entrances leading to second story areas for detached single-family residences shall be from interior stairways only. " SECTION 10. Section 19 . 14 . 099 is hereby added to the Azusa Municipal Code to read as follows: "19. 14 . 099 EXISTING STRUCTURES. Structures legally existing before February 19, 1992 which do not conform to the requirements of Sections 19. 14 . 091 or 19 . 14 . 095 shall not be designated as "nonconforming" under Sec- tion 19 .40. 050 for floor area ratio and second story requirements. " SECTION 11. Section 19 . 16. 020 (5) of the Azusa Municipal Code is hereby amended to read as follows: "19. 16. 020 (5) Accessory buildings and uses custom- arily incident to any of the above uses. Guest houses and kitchen facilities within accessory buildings are prohibited. Guest houses legally existing on February 19, 1992 shall be permitted uses; " SECTION 12 . Section 19 . 16. 101 is hereby added to the Azusa Municipal Code to read as follows: "19 . 16. 101 FLOOR AREA RATIO. Floor area ratio shall not exceed seventy-five percent of the total lot area. " SECTION 13 . Section 19. 16. 105 is hereby added to the Azusa Municipal Code to read as follows: "19. 16. 105 SECOND STORIES. The following requirements shall apply to all second story construction: (1) At least fifty percent of the exterior wall length of a second story shall be set back a minimum of five feet from the exterior walls of the first story. (2) Total floor area of a second story shall not exceed seventy-five percent of the first story. (3) Exterior entrances into second story areas are prohibited unless providing primary access to permitted separate duelling units. Entrances leading to second story areas for detached single-family residences shall be from interior stairways only. " SECTION 14. Section 19. 16. 107 is hereby added to the Azusa Municipal Code to read as follows: "19. 16. 107 EXISTING STRUCTURES. Structures legally existing before the effective date of this ordinance which do not conform to the requirements of Sections 19 . 16. 101 or 19 . 16. 105 shall not be designated as "nonconforming" under Section 19 . 40. 050 for floor area ratio or second story requirements. " SECTION 15. Section 19 . 44 . 020 of the Azusa Municipal Code is hereby repealed. 2485.1 -3- SECTION 16. Chapter 19 . 43 is hereby added to the Azusa Municipal Code to read as follows: "19 .43 . 010 Definitions 19 . 43 . 020 Setbacks 19 .43 . 030 Guest houses prohibited 19.43 . 040 Bathrooms within garages 19.43 . 010 DEFINITIONS. 'Accessory building' is de- fined as a building or part of a building which is subordinate to, and the use of which is incidental to that of the main building or use on the same lot. Such buildings shall include, but not be limited to, garag- es, storage buildings, and similar detached permanent structures. 19.43 . 020 SETBACKS. (a) A detached accessory building not exceeding one story in height may occupy not more than thirty- five percent of a rear yard and may be erected no closer than five feet to the rear property line, pro- vided, however, that if the accessory building has no openings facing the rear property line, but further provided that on reversed corner lots no accessory building shall be located closer to the street than the building line of the adjacent key lot. No two story accessory building shall occupy any part of the rear yard. (b) A detached accessory building not exceeding one story in height may be erected on the interior side lot line if the accessory building is not closer than seventy-five feet to the front lot line. No accessory building shall occupy any portion of the side yard on the street side of a corner lot and on a reversed corner lot no accessory building shall be erected closer to the street than the building line of the adjacent key lot. (c) No accessory building shall occupy any por- tion of the front yard of any lot. 19.43 . 030 GUEST HOUSES PROHIBITED. Guest houses are prohibited within all residential zones. Guest houses legally existing prior to February 19 , 1992 shall be allowed as permitted uses. 19 . 43 . 040 BATHROOMS WITHIN GARAGES. Bathrooms are prohibited within detached garages unless the garage is located adjacent to a permanent swimming pool. " 2485.1 -4- SECTION 17. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this 3rd day of February , 1992 . el, EUG E MOSES, 2 - ATTEST: 04141' /// / / / ADOLPH SOLI , CITY -L RK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF ) I, Adolph A. Solis , City Clerk of the City of Azusa , do hereby certify that the foregoing Ordinance No. 92-08 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 20th day of January , 1992 . That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 3rd day of February , 19 92 , by the following vote, to wit: AYES: COUNCILMEMBERS: DANGLEIS, STEMRICH, ALEXANDER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE. ' ABSTAIN: COUNCILMEMBERS: MOSES, NARANJ• //' / ,) C TY CL: 'K / 2485.1 -5-