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HomeMy WebLinkAboutOrdinance No. 92-O28 ORDINANCE NO. 92-028 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING SECTIONS 19.64.085, 19.60.120 (d) , 19.56.060 (6) TO TITLE 19 OF THE AZUSA MUNICIPAL CODE RELATING TO APPLICATIONS FOR ZONING CHANGE OR GENERAL PLAN AMENDMENTS AND CERTIFYING NEGATIVE DECLARATION FOR SAID PROJECT. WHEREAS, the Planning Commission is currently the final decision-making authority for certain planning applications, such as conditional use permits, variances and precise plans of design. The City Council only considers these items if an appeal of the Commission's decision is requested by the applicant. WHEREAS, in many cases, an application for a zone change and/or a general plan amendment is accompanied by applications for other permits, such as conditional use permits, variances, or precise plans of design. Often, issues which pertain to the application for a zoning change and/or a general plan amendment before the City Council have already been decided by the Planning Commission as part of a concurrent application for conditional use permit, variance or precise plan of design. The City Council is, therefore, limited in its ability to deal with all the important issues which are part of the application for a zone change and/or a general plan amendment. WHEREAS, the City Council adopts the following amendments to the Zoning Code in order to give the Council final decision- making authority over conditional use permits, variances, or precise plans of design which are filed concurrently with a zone change or general plan amendment. These amendments will allow the City Council to more thoroughly analyze projects for which they have the responsibility to review and decide. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 19. 64 . 085 is hereby added to Chapter 19. 64 of Title 19 of the Azusa Municipal Code to read as follows: "19. 64.085 COUNCIL ACTION - CONCURRENT PLANNING APPLICATIONS. The City Council authority under Section 19. 64 . 080 shall extend to conditional use permits, variances and/or precise plans of design which are filed concurrently with a zone change or general plan amendment application if the Planning Commission recommends approval of said zone change or general plan amendment application. " SECTION 2 . Section 19. 60. 120 (d) is hereby added to Chapter 19. 60 of Title 19 of the Azusa Municipal Code to read as follows: " (d) Actions Requiring City Council Approval. Applications for conditional use permits or variances filed concurrently with a zoning change or a general plan amendment for the same property shall be reviewed by the Commission. The Commission shall either deny said applications or make a recommenda- tion to the Council for approval of the application. Unless the application is denied, a public hearing before the Council regarding the applications for the 22928.1 conditional use permit and/or variance shall be held concurrently with the hearing for the zoning change or general plan amendment in conformance with the requirements of Chapter 19. 64 . " SECTION 3 . Section 19. 56. 060 (6) is hereby added to Chapter 19.56 of Title 19 of the Azusa Municipal Code to read as follows: " (6) Applications for precise plans of design filed concurrently with a zoning change or a general plan amendment for the same property shall be reviewed by the Planning Commission. The Planning Commission shall either deny said applications or make a recommendation to the City Council for approval of the application. Unless the application is denied, a public hearing before the City Council regarding the application for the precise plan of design shall be held concurrently with the hearing for the zoning change or general plan amendment in conformance with the requirements of Chapter 19. 64. " SECTION 4. Pursuant to the State CEQA guidelines, a negative declaration, a copy of which is attached hereto as Exhibit A, has been prepared and reviewed, finding that the proposed project could not have a significant effect on the environment. The City Council hereby certifies said negative declaration, with the provision that the mitigation measures, if any, recommended in the initial study, are implemented. SECTION 5. This Ordinance shall become effective 30 days after adoption. The City Clerk shall certify to the passage and adoption of this Ordinance; shall cause the same to be entered in the book of original ordinances of said City; and shall cause the same to be published or posted in the manner required by law. PASSED AND APPROVED this3rd day of August , 1992 . 1.11 MAY I HEREBY CERTIFY that the foregoing Ordinance No. 92-028 was regularly introduced _ and placed upon its first reading at a regularmeeting of -the -City Council on the 20th day of July, 1992 . That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 3rd day of August 1992 , by the following vote, to wit: AYES : COUNCILMEMBERS: MADRID, NARANO, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS : DANGLEIS !` i / C Y CLERK: � I 22928.1 -2- • al JC,AZUSA L� •nCITYOF�< v ��, NEGATIVE DECLARATION 00 . ory CITYOF f AZUSAL� Planning Commission. Hearing Date: 5/27/92 NOTICE: Pursuant to the provisions of the California Environmental Quality Act (CEQA-Public Resources Code, Section 21100 et. seq.) , the City of Azusa has determined that theproject referenced hereinafter will not have a significant effect nthe environment. PROJECT TITLE: CODE AMENDMENT NO. 189 PROJECT LOCATION: • AZUSA, CALIFORNIA 91702 PROJECT DESCRIPTION: AMENDMENT TO THE AZUSA MUNICIPAL CODE TO REQUIRE APPROVAL OF CERTAIN PERMITS BY CITY COUNCIL. PROJECT PROPONENT: • CITY OF AZUSA, AZUSA, CALIFORNIA 91702 A copy of the Initial Study, documenting reasons to support the findings that said project will not have a significant effect and containing any mitigating measures proposed to be included in the project to avoid potentially significant effects, is attached • hereto for public review. An Environmental Impact Report is not required for this project. APPEALS. Any person or agency aggrieved by this decision mayappeal to the Azusa City Council in compliance with all provisions for filing of such appeals. Any such appeal must be filed within thirty (30) . days after the issuance of this decision, or it shall be dis- missed by the City Council. DANIEL M. WATROUS, SENIOR PLANNER (818) 334-5125 Ext. 262 CONTACT PERSON TITLE TELEPHONE 6AZUSAIrat > CITYOf�E INITIAL STUDY OF ig � OVt 0�' FIN CITYOFENVIRONMENTAL L IMPACTNCAZUSA el r I .BACKGROUND 1. Name of Proponent/Applicant: City of Azusa Azusa, California 91702 2. Address and phone number of Proponent/Applicant: 213 East Foothill Boulevard Azusa, California 91702 (818) 334-5125 3. Name of Project (if applicable) : Code Amendment No. 189 4 . Description of Project and Address : An amendment of the Azusa Municipal Code to require approval of certain permits by City Council. Within the City limits of Azusa. 5. Identification of Environmental Setting: Predominantly residential suburban community. r 4Azusn�`tz� COMMUNITY DEVELOPMENT DEPARTMENT �CIiY W�E _:10. 2"_ INITIAL STUDY Ino 4 r 1�nllSA�� APP _ ASSESSMENT OF ENVIRONMENTAL IMPACTS r A copy of the Initial Study for Community Development Department projects will be available to the public in the Community Development Department and in the Azusa Public Library. Comments from the public on the projects may be made in writing to the Community Development Zirector or at the public hearings on the project. Project Description: Code Amendment No. 189, an amendment to the Azusa Municipal Code to require approval of certain items by City Council. II. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers are required or. attached sheets.) YES MAYBE NO 1. EARTH Will the project result in: a. Unstable earth conditions or in changes in geologic substructures? X b. Disruptions, displacements, compaction or overcoverirg of the soil? c. Change in topography or ground surface relief features? d. The destruction, covering, or modification of any unique geologic or physical features? X e. Any increase in wind or water erosion of soils, either on or off the site? X f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? X g. Exposure of people or property to geologic hazards such as earth- quakes, landslides, mudslides, ground failure, or similar hazards? X 2. AIR Will the project result in: a. Substantial air emmissions or deterioration of ambient air quality? X b. The creation of objectionable odors? X c. Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? X 3. WATER Will the project result in: a. Changes in currents, or the course of direction of water movements, in either marine or fresh waters? __X_ b. Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? X c. Alterations to the course or flow of flood waters? d. Change in the amount of surface water in any water body? X e. discharge into surface waters, or in any alteration of surface water earth including but not limited to temperature, dissolved oxygen or turbidity? X f. Alteration of the direction or rate of flow of ground waters? _X_ g. Change in the quality of ground waters, either through direct additions or withdrawals, or through interception of ane- by cuts or excavations? X h. Change in quality of ground water? i. Substantial reduction in the amount of water otherwise available for public water supplies? j. Exposure of people or property to water related hazards such as flooding or tidal waves? X 4. PLANT LIFE Will the project result in: a. Change in the diversity of species, or number of plants (including trees, shrubs, grass, crops, microflora and aquatic plants)? X b. Reduction of the numbers of any unique, rare or endangered species or plants? X c. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? X d. Reduction in acreage of any agricultural crop? —x 5. ANIMAL LIFE Will the project result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals, including reptiles, fish and shellfish, benthic organisms, insects, or nicrofauna)? _x b. Reduction of the numbers of any unique, rare or endangered species of animals? X c. Introduction of new species or animals into an area, or result in a barrier to the migration or movement of animals? X d. Deterioration of existing fish or wildlife habitat? X 6. NOISE Will the project result in: a. Increase in existing noise levels? X b. Exposure of people to severe noise levels? 7. LIGHT AND GLARE Will the project produce new light or glare? X 8. LAND USE Will the project result in: a. Substantial alteration of the present or planned land use of an area? Y b. Incompatibility with existing zoning, the General Plan, any specific plan, or other applicable land use control? X r 0 (11:.1 ce 9. NATURAL RESOURCES Will the project result in: a. Increase in the rate of use of any natural resources? X b. Substantial depletion of any non-renewable natural resource. - 10. RISK OF UPSET Does the project involve a risk of an explosion or YES MAYBE NO the release of hazardous substances (including, but not limited to oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? 11. POPULATION Will the project alter the location, distribution, density or growth rate of the human population of an area? X 12. HOUSING Will the project affect existing housing or create a demand for additional housing? X 13. TRANSPORTATION Will the project result in: a. Generation of substantial additional vehicular movement? X b. Effects on existing parking facilities or demand for new parking? X c. Substantial impact upon existing transportation systems? X d. Alterations to present patterns of circulation or movement of people/and or goods? X e. Alterations to waterborne, rail or air traffic? _a_ f. Increase in traffic hazards to motor vehicles, bicyclists X or pedestrians? 14. PUBLIC SERVICES Will the project have an effect upon, or result in a need for new or altered governmental services in any one of the areas: a. Fire protection? X b. Police protection? c. Schools? X d. Parks or other recreational activities? —L e. Maintenance of public facilities, including roads? f. Other governmental services? —X_ 15. ENERGY Will the project result in: a. Use of substantial amounts of energy or fuel? X b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? X 16. UTILITIES Will the project result in a need for new systems, or substantial alterations to the following utilities? a. Power or natural gas? X b. Communications systems? X c. Water? _X_ d. Sewer or septic tanks? X e. Storm water drainage? _L f. Solid waste and disposal? —X- 17. HUMAN HEALTH Will the project result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? X b. Exposure of people to potential health hazards? —X_ 18. AESTHETICS Will the project result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? X 19. RECREATION Will the project result in an impact upon the quality or quantity of existing recreational opportunities? X 20. ARCHEOLOGICAL/HISTORICAL Will the project result in an alteration of a significant archeological or historical site, structures, object or building? X 21. MANDATORY FINDINGS OF SIGNIFICANCE a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wild- life species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? ( A short-term impact on the environment is one which occurs in a relatively brief definitive period of time while long-term impacts will endure well into the future.) X c. Does the project have impacts which are individually limited but cumulatively considerable? ( A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) 7 X d. Does the project have environmental effects which will cause substantial adverse effects on human beings directly or indirectly? X r • t',AZUSAittk- Cl?YOF4,E ENVIRONMENTAL ANALYSIS CmrOF EXPLANATIONS/MITIGATION DISCUSSION SION III. DISCUSSION OF ENVIRONMENTAL EVALUATION 8.b. The Azusa Municipal Code currently only requires that zone changes, general plan amendments andcode amendments that are reviewed by the Planning Commission be subject to City Council review. This amendment would require that other zoning permits, such as conditional use permits, variances or precise plans of design, that are reviewed by the Planning Commission concurrently with a zone change, etc., but which are only reviewed by the City Council, if appealed, also be reviewed by the City Council. IV. MITIGATION MEASURES Describe mitigation measures included in the project, if any are needed, to avoid potentially significant effects: None required. V. DETERMINATION (To be completed by Lead Agency) On the basis of this initial evaluation: X I find the proposed project COULD NOT HAVE a significant effect on the environment, and a NEGATIVE DECARATION has been prepared and is attached. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. Date: May 5, 1992 Signature: ,L(}, ,A ANIEL M. WATROUS 7 Title: SENIOR PLANNER 1 r- • J c AZUSAVgrI CITY OF E aoE N611 NOTICE OF DETERMINATION CITY OFu OAZUSA\ r- TO: COUNTY CLERK FROM: CITY OF AZUSA CORPORATIONS DIVISION -- Room 106 213 E. Foothill Blvd. P.O. Box 151 Azusa, California 91702 Los Angeles, Ca. 90053 OFFICE OF PLANNING AND RESEARCH 1400 Tenth Street Sacramento, Ca. 95814 Date: May 27.- 1992 PROJECT TITLE: Code Amendment No. 189 PROJECT LOCATION: Azusa, California 91702 PROJECT DESCRIPTION: Amendment to the Azusa Municipal Code to require review of certain permits by City Council. • This is to advise that the City of Azusa has approved the above de- scribed project and has made the following determinations regarding same; 1. The project in its approved form 0 will, ® will not have significant effect on the environment. 2. 0 An Environmental Impact Report was prepared for this pro- ject pursuant to the provisions of CEQA. 3. ® A Negative Declaration was prepared for this project pur- suant to the provisions of CEQA. 4. A Statement of Overriding Considerations 0 was,Q was not, adopted for this project. 5. Mitigation measures 0 were, El were not, made a condition of approval of the project. DANIEL M. WATROUS, SENIOR PLANNER (818) 334-5125 Ext. 262 CONTACT PERSON TITLE TELEPHONE NUMBER � � J