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HomeMy WebLinkAboutOrdinance No. 2013 ORDINANCE NO. 2013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING THE AZUSA MUNICIPAL CODE, RELATING TO THE APPROVAL OF CERTAIN MINOR DEVIATIONS FROM THE MINIMUM REQUIREMENTS IN THE R-1 ZONE. - The City Council of the City of Azusa does ordain as follows: SECTION 1. The City Council does hereby find, determine and declare that the following zoning amendments were duly initiated, that notice of hearing thereon was duly given and published, that public hearings thereon were duly held by the Planning Commission and by the City Council. The City Council also finds, determines and declares that the following zoning amendments are consistent with the City' s General Plan and that the public convenience, necessity and general welfare and good zoning practice require that the following amendments be made. SECTION 2 . Section 19. 08. 190 is added to the Azusa Municipal Code to read: "19. 08. 190. MINOR DEVIATIONS. PLANNING DIRECTOR. In addition to the variance procedures contained in Chapter 19. 60 of this Code certain minor deviations from the minimum requirements and the development standards contained in this Chapter may be approved by the Planning Director under the limited circumstances set forth in Section 19. 08. 191. " SECTION 3. Section 19. 08. 191 is added to the Azusa Municipal Code to read: "19. 08 . 191. MINOR DEVIATIONS DESCRIBED. Upon the receipt of an application therefor, the Planning Director without publishing or posting of notice and without public hearing may consider and render decisions on the follow- ing minor deviations from the minimum requirements and development standards contained in this Chapter: (a) A proposed room addition which will extend no more than five feet into the required rear yard and is no wider than twenty-four feet. (b) A proposed patio addition (open on three sides) which will not extend more than ten feet into the required rear yard and which is not wider than twenty-four feet. (c) A proposed trellis-sunshade (open on three sides, slot-type open roof) which will not extend more than twenty feet into the required rear yard. The total rear yard coverage shall not exceed 45%. (d) A twenty foot front yard if such front yard was established prior to annexation and met then existing County requirements. (e) A one-car garage constructed at the time the property was developed and which was prior to the adoption of the existing City ordinances relating to garage requirements or the property was developed prior to its annexation to the City of Azusa. " SECTION 4 . Section 19. 08. 192 is added to the Azusa Municipal Code to read: "19. 08 . 192 . MINOR DEVIATIONS. APPLICATION AND FILING FEE. Any owner of R-1 zoned property may file an application accompanied by a $15. 00 filing fee for a minor deviation. The application shall be filed with the Planning Department on forms furnished by the department. The application form shall contain the following: (a) A true, accurate plot plan of the property and showing all existing structures and those proposed to be constructed. (b) A reference to the minor deviation which is required. (c) Evidence of the ability and intention of the applicant to proceed with the construction work in accordance with submitted plans within six months of the date of the approval of the application. Upon receipt of the application the Planning Director shall mail notice to owners as their names and addresses are disclosed by the latest available County assessment roll of those parcels of real property abutting the property referred to in the application. The notice shall specify the nature of the deviation requested by the applicant and specify that objections to the granting of the application may be filed within five days after the date the notice is mailed. If objection to the granting of the application is filed, the application shall be set for public hearing before the Planning Commission in accordance with the procedures specified in Chapter 19. 60 of this Code. " SECTION 5. Section 19. 08. 193 is added to the Azusa Municipal Code to read: "19. 08. 193. MINOR DEVIATIONS. PLANNING DIRECTOR' S FINDINGS AND DECISION. In order to authorize a minor deviation the Planning Director must find that: (a) The strict application of the requirements of this Chapter would result in practical difficulties or unnecessary hardship and be inconsistent with the general purpose of this Title. (b) There are exceptional circumstances or conditions applicable to the property involved or to the intended use or development of the property that do not apply generally to other property in the neighborhood. (c) The granting of such deviation will not be materially detrimental to the public welfare or injurious to the property or improvements in the neighborhood. (d) The granting of such deviation shall not be contrary -2- ftor ''tame to the objectives of the City' s General Plan. " SECTION 6. Section 19. 08. 194 is added to the Azusa Municipal Code to read: "19. 08. 194. MINOR DEVIATIONS. REPORT TO PLANNING COMMISSION. The Planning Director shall report to the Planning Commission each action taken by him to approve a minor deviation. " SECTION 7. The City Council does hereby find and declare that the determination by the Planning Director that the zoning amendments will not have a substantially adverse effect upon the environment and that the negative declaration has been prepared in accordance with the California Environmental Quality Act of 1970 and the State Guidelines and is approved and hereby adopted by the City Council. SECTION 8 . 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 1st day of December , 1975. Mayor STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF AZUSA ) I, ADOLPH A. SOLIS , City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 2013 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 17th day of November , 1975. That, thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 1st day of December , 1975 , by the following vote, to wit: AYES: Councilmen: Rubio, Solem, Cruz, Arkison, Decker NOES: Councilmen: None ABSENT:Councilmen: None 7 . /`L:ct /1 � L City Clerk I do further certify that I caused said ordinance to be published prior to the expiration of fifteen days from the passage thereof in the Azusa Herald, a newspaper of general circulation, printed, published and circulated in the City of Azusa, on the 11th day of December , 1975 , and that the same was published in accordance with law. z/ r / City Clerk Publish Azusa Herald : 12-11-75 -3-