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Home My WebLink AboutD-1 Staff Report - Code Amendment No. 246 - First Reading Ordinance PUBLIC HEARING/SCHEDULED ITEM D-1 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MATT MARQUEZ, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR DATE: FEBRUARY 3, 2020 SUBJECT: INTRODUCE FIRST READING OF DRAFT ORDINANCE FOR CODE AMENDMENT NO. 246 – CODE CLEANUP FOR CHAPTER 88 OF THE AZUSA MUNICIPAL CODE (DEVELOPMENT CODE) BACKGROUND: In 2004, the City of Azusa adopted a new General Plan, which was followed by a new Development Code in 2005. The adopted Development Code (Chapter 88 of the City’s Municipal Code) was groundbreaking in that it implemented a form-based code. Transitioning from a conventional zoning/development code was not without its challenges as there have been various code cleanups in the past (2006, 2009, and 2014). Conventional zoning typically regulates land use primarily while urban form is secondary. Form-based code attempts to regulate development the opposite way – by controlling physical form primarily and land uses secondarily. Thus, the proposed code cleanup changes attempt to reflect the intent of the adopted form-based code. On December 11, 2019, the Planning Commission held a Study Session to review the proposed Code cleanup changes. After some discussion, the Planning Commission, continued the item to the January 8, 2020 Planning Commission meeting for a decision on the item. On January 8, 2020, the Planning Commission approved Resolution No. 2020-PC03, recommending that the City Council approve a Draft Ordinance to approve Code Amendment No. 246, which makes various changes to the City’s Development Code. ANALYSIS: Chapter 3, Land Use Goal 12 states “Ensure that the City’s General Plan and Development Code are updated and maintained to increase effectiveness.” More specifically, Land Use Policy 12.1 requires that the City “Review the General Plan and the related Development Code, annually, to ensure internal consistency with federal, state, and local regulations and policies.” The City has done this throughout the years whether it has been via Development Code Cleanups or Updates. Typically Code Cleanups involve corrections to mistakes found in the Code (grammatical or referential errors, modifying text, changing/updating land use requirements, etc.). Whereas, Code Updates are typically policy-specific APPROVED CITY COUNCIL 2/3/2020 Code Amendment No. 246 – Development Code Cleanup – First Reading of Draft Ordinance February 3, 2020 Page 2 of 20 changes that occur when local jurisdictions are required to revise or adopt ordinances to be consistent with newly enacted state law. With that said, the proposed Code Cleanup will involve the following: • Corrections to grammatical and code reference errors, • Modifying text, • Changes to allowable uses, • Updating land use requirements, • Ensuring consistency with City’s Specific Plan(s) and General Plan requirements, and • Clarification on existing standards. The recommended adjustments and additions are organized by Articles (Chapters) of the Development Code. The additions are underlined and the deletions are denoted by a strikethrough font. Those underlined in blue font represent hyperlinks. The proposed Code Cleanup changes can be found below: Section # Comment Proposed Revision/Recommendation Article 1 88.10.050.E Typo – Wrong Sections 88.10.050 E. New Nonresidential Land Use in Existing Building or on Developed Site. A land use identified by Article 2 (Urban Standards) as a "P" (permitted) use, that is proposed on a site where no construction requiring a building permit will occur, shall require a zoning clearance as provided by Section 5.12.020 88.51.020 (zoning clearance) to ensure that the site complies with all applicable standards of this Development Code, including parking, landscaping, signs, trash enclosures, etc. Zoning clearance shall not be granted and the proposed land use shall not be established unless the site and existing improvements comply with all applicable requirements of this Development Code, except as provided by Chapter 5.20 88.54 (Nonconforming Uses, Structures, and Parcels). Article 2 88.20.040 (Figure 2) • Incorporate the Specific Plans areas (APU SP, Dhammaka ya SP, and Parkside SP) that are not included in the Regulating Plan Figure. • Revise TOD Specific Plan since it is not a “District” • Provide separate colors for Specific Plan areas including Monrovia Revise Figure and Legend to reflect changes (See Exhibit C) Code Amendment No. 246 – Development Code Cleanup – First Reading of Draft Ordinance February 3, 2020 Page 3 of 20 Section # Comment Proposed Revision/Recommendation Nursery SP. 88.21 • Introduce new Chapter (88.21) memorializi ng Specific Plan regulating authority. 88.21 – SPECIFIC PLANS 88.21.010 – Purpose of Chapter This chapter establishes the regulating authority for the specific plans located in the areas highlighted in the Regulating Plan (Figure 2) in Section 88.20.040. The areas located in the specific plan are regulated by their respective development standards, parking requirements, allowable land uses, incentives, and any other applicable standards. In cases where the Specific Plan conflicts with the Development Code, the Specific Plan will take precedence. Where the Specific Plan is silent on a topic(s), the Development Code and/or General Plan will remain in effect. 88.21.020 – Parkside Azusa Specific Plan A. Purpose. The purpose of the Parkside Azusa Specific Plan is to allow comprehensive development of the site while implementing the City of Azusa’s General Plan goals as they relate to development of the Specific Plan areas. The Specific Plan is prepared pursuant to California Code Section 65450 et. seq., as described in Section 1.5 of the Specific Plan. The Specific Plan serves as the direct link between the General Plan’s policies and the design of the proposed residential development project, and assures that, as the two development phases of the Specific Plan are approved, they are and will remain consistent with the General Plan. B. Allowable Uses. Refer to the Parkside Azusa Specific Plan. C. Site Planning and Building Design. Refer to the Parkside Azusa Specific Plan. 88.21.030 – Monrovia Nursery Specific Plan A. Purpose. The purpose of the Monrovia Nursery Specific Plan is to create a master planned community that embodies time-tested planning principles and architectural styles and promotes the heritage and values of Azusa. This new community will be part of and enhance the existing community of Azusa while implementing the Guiding Principles of the General Plan. B. Allowable Uses. Refer to the Monrovia Nursery Specific Plan. C. Site Planning and Building Design. Refer to the Monrovia Nursery Specific Plan. 88.21.040 – Azusa Pacific University Specific Plan A. Purpose. The Azusa Pacific University Specific Plan is a comprehensive guide to defining the character of future physical development for the main campus of Azusa Pacific University (APU). The campus is located on two nearby sites (East Campus and West Campus) in Azusa, California. This plan does not address other properties owned or leased by APU in Southern California. B. Allowable Uses. Refer to the Azusa Pacific University Specific Plan. C. Site Planning and Building Design. Refer to the Azusa Pacific University Specific Plan. Code Amendment No. 246 – Development Code Cleanup – First Reading of Draft Ordinance February 3, 2020 Page 4 of 20 Section # Comment Proposed Revision/Recommendation 88.21.050 – Dhammakaya International Meditation Center Specific Plan A. Purpose. The Dhammakaya International Meditation Center (DIMC) Specific Plan is a comprehensive guide to defining future improvements to, and use of, the DIMC Property. Typically, Specific Plans are used for large, multiple phase developments that incorporate many different types of land uses. In this particular case, the DIMC Property is unique due to its history and the relatively few special events that occur on the Property. Therefore, a Specific Plan can provide the City more clarity in regulating the phasing of physical improvements and the on-going use of the Property. B. Allowable Uses. Refer to the Dhammakaya International Meditation Center Specific Plan. C. Site Planning and Building Design. Refer to the Dhammakaya International Meditation Center Specific Plan. 88.21.060 – Azusa TOD Specific Plan A. Purpose. The Azusa Transit-Oriented Development (TOD) General Plan/Development Code Update and Specific Plan (herein referred to as the Azusa TOD Specific Plan, or, simply Specific Plan) is a comprehensive document that will implement the vision for the Specific Plan Area as established by the City of Azusa planning process. B. Allowable Uses. Refer to the Azusa TOD Specific Plan. C. Site Planning and Building Design. Refer to the Azusa TOD Specific Plan. 88.22.030.A The TOD Specific Plan is not a “District.” 88.22.030 A. Location and Existing Conditions. The central neighborhoods of Azusa are defined by the 210 Freeway to the south and southwest, the rail lines to the northwest, Foothill Boulevard to the north, and Cerritos Avenue to the east. These neighborhoods are bisected by the TOD Specific Plan District and Azusa/San Gabriel Avenue Corridor (described separately). The Little Dalton Wash flood control channel cuts through the southeast corner of the neighborhoods. 88.22.065.A Typo – Wrong code sections 88.22.065 A. Permit requirements. Tables 2-1, 2-2, 2-3, and 2-4 provide land uses that are: 1. Permitted subject to compliance with all applicable provisions of this Development Code, subject to first obtaining a zoning clearance (Section 88.56.020 88.51.020). These are shown as "P" uses in the tables; 2. Allowed subject to the approval of a minor use permit (Section 88.51.050 88.51.040), and shown as "MUP" uses in the tables; 3. Allowed subject to the approval of a use permit (Section 88.51.050 88.51.040), and shown as "UP" uses in the tables; 4. Allowed subject to the type of city approval required by a specific provision of Chapter 4.12 88.42 (Standards for Specific Land Uses), and shown as "S" uses in the tables; and 5. Not allowed in particular zones, and shown as a "—" in the tables. Code Amendment No. 246 – Development Code Cleanup – First Reading of Draft Ordinance February 3, 2020 Page 5 of 20 Section # Comment Proposed Revision/Recommendation 88.22.065 Typo – Wrong code section (Article 7). Repeats throughout. 88.22.065 Table 2-1: Key to Zone Symbols NC Neighborhood Center L Low Density NG1 Neighborhood General 1 MED Medium Density NG2 Neighborhood General 2 MOD Moderate Density NG3 Neighborhood General 3 Notes: (1) A definition of each listed use type is in Article 6 Article 7 (Glossary). 88.22.070.A-D Include Rear setback encroachments to Neighborhood Site Planning and Building Design Sections for NC, NG1, NG2, and NG3 88.22.070.A(3)(c)(2) – Encroachments (NC) Galleries, arcades, and awnings may encroach into the setback as shown in the above diagrams, but shall be limited to: i. Front encroachment: Five feet maximum. ii. Side Street encroachment: Five feet maximum. iii. Side encroachment: Five feet maximum. iv. Rear encroachment: Five feet maximum iv. v. Maximum encroachment height is two stories or 30 feet. v. vi. Porches may encroach to within five feet of the front or side street property line. 88.22.070.B(3)(c)(2) – Encroachments (NG1) Porches, patios, cantilevered bay windows, and balconies may encroach into the setback, but shall be limited to: i. Front encroachment: Eight feet maximum. ii. Side Street encroachment: Five feet maximum. iii. Side encroachment: Two feet maximum. iv. Rear encroachment: Five feet maximum. iv. v. Maximum encroachment height: Two stories or 24 feet. 88.22.070.C(3)(c)(2) – Encroachments (NG2) Porches, patios, cantilevered bay windows, and balconies may encroach into the setback, but shall be limited to: i. Front encroachment: Eight feet maximum. ii. Side Street encroachment: Five feet maximum. iii. Side encroachment: Two feet maximum. iv. Rear encroachment: Five feet maximum. Code Amendment No. 246 – Development Code Cleanup – First Reading of Draft Ordinance February 3, 2020 Page 6 of 20 Section # Comment Proposed Revision/Recommendation iv. v. Maximum encroachment height: Two stories or 24 feet. 88.22.070.D(3)(c)(2) – Encroachments (NG3) Porches, patios, cantilevered bay windows, and balconies may encroach into the setback, but shall be limited to: i. Front encroachment: Eight feet maximum. ii. Side Street encroachment: Five feet maximum. iii. Side encroachment: Two feet maximum. iv. Rear encroachment: Five feet maximum. iv. v. Maximum encroachment height: Two stories or 24 feet. 88.24.005.A Typo – Wrong code sections. Delete #6 since TOD Specific Plan is addressed in Chapter 88.21. 88.22.065 A. Permit requirements. Tables 2-1, 2-2, 2-3, and 2-4 provide land uses that are: 1. Permitted subject to compliance with all applicable provisions of this Development Code, subject to first obtaining a zoning clearance (Section 5.22.020 88.51.020). These are shown as "P" uses in the tables; 2. Allowed subject to the approval of a minor use permit (Section 5.12.050 88.51.040), and shown as "MUP" uses in the tables; 3. Allowed subject to the approval of a use permit (Section 5.12.050 88.51.040), and shown as "UP" uses in the tables; 4. Allowed subject to the type of city approval required by a specific provision of Chapter 4.12 88.42 (Standards for Specific Land Uses), and shown as "S" uses in the tables; 5. Not allowed in particular zones, and shown as a "—" in the tables. 6. For sub-districts located within the TOD Specific Plan District, (DG, DD, DX, DR, DT, and DC) refer to Chapter 2 of the City of Azusa TOD Specific Plan for allowable uses. 88.24.005 (Table 2-2) (Notes) Typo – Wrong code section (Article 7). Repeats throughout. 88.24.005 Table 2-2 Key to Zone Symbols DE Edgewood District DW West End Industrial District DWL West End Light Industrial District Notes: (1) A definition of each listed use type is in Article 6 Article 7 (Glossary). 88.24.005 (Table 2-2) Allow conference/conventi on facility in the DWL zone. Allowable Uses in Districts Table 2-2 Code Amendment No. 246 – Development Code Cleanup – First Reading of Draft Ordinance February 3, 2020 Page 7 of 20 Section # Comment Proposed Revision/Recommendation LAND USE TYPE (1) PERMIT REQUIRED BY ZONE DE DW DWL RECREATION, EDUCATION & PUBLIC ASSEMBLY USES Conference/convention facility — UP UP 88.24.005 (Table 2-2) Allow medical uses in the DW/DWL zones. Allowable Uses in Districts Table 2-2 LAND USE TYPE (1) PERMIT REQUIRED BY ZONE DE DW DWL SERVICES – BUSINESS, FINANCIAL, PROFESSIONAL Medical services – Clinic, urgent care P MUP MUP Medical services – Doctor office P P P Medical services – Extended care (3) — — — Medical services – Hospital — UP UP Code Amendment No. 246 – Development Code Cleanup – First Reading of Draft Ordinance February 3, 2020 Page 8 of 20 Section # Comment Proposed Revision/Recommendation 88.24.005 (Table 2-2) Typo – Capitalize “up” Allowable Uses in Districts Table 2-2 LAND USE TYPE (1) PERMIT REQUIRED BY ZONE DE DW DWL SERVICES – GENERAL Veterinary Clinic, animal hospital, boarding kennel — up UP up UP 88.24.005 (Table 2-2) Typo – Insert correct abbreviations of University District. Repeats throughout. Table 2-2 Key to Zone Symbols DU- MH MU University District - Mixed Use CU DU- RMO University District - Residential Moderate DU- RM University District - Residential Medium 88.24.020.C The TOD Specific Plan is not a “District.” 88.24.020.C(1)(h) h. Install landscaped medians and parkways on Foothill Boulevard and Alosta Avenue, consistent with the TOD Specific Plan District. 88.24.020.C Clarify Route 66 signage requirements. 88.24.020.C(3)(a)(1) Require installation of neon tube/LED freestanding/monument and wall signage on parcels fronting onto Route 66, as outlined in the Route 66 Themed Signage section on Page 2-59 of the TOD Specific Plan. 88.24.020.D Include Rear setback encroachments to Site Planning and Building Design Section for the University District areas. 88.24.020.D(3)(b) – Encroachments Gallery/arcades, awnings, balconies, porches, patios, and outside dining furniture may encroach into the setback and public right-of-way, and shall be limited to: (1) Front encroachment: Ten feet maximum. (2) Side Street encroachment: Ten feet maximum. (3) Side encroachment: Two feet maximum. (4) Rear encroachment: Five feet maximum (4) (5) Maximum encroachment height is two stories. (5) (6) Porches may encroach to within five feet of the front or side street property line. Code Amendment No. 246 – Development Code Cleanup – First Reading of Draft Ordinance February 3, 2020 Page 9 of 20 Section # Comment Proposed Revision/Recommendation 88.24.030.D Include Rear setback encroachments to Site Planning and Building Design Section for the Edgewood District areas. 88.24.030.D(3)(b) – Encroachments Gallery/arcades, awnings, balconies, and outside dining furniture may encroach into the setback and public right-of-way, and shall be limited to: (1) Front encroachment: Ten feet maximum. (2) Side Street encroachment: Ten feet maximum. (3) Side encroachment: Ten feet maximum. (4) Rear encroachment: Five feet maximum (4) (5) Maximum encroachment height is two stories. 88.24.040.C-1 For the West End Industrial Districts, insert Route 66 signage requirements to reflect consistency with University District sign requirements (along Route 66). Add subsection 3 – Requirements. 88.24.040.C-1(3) 3. Requirements. a. Promote the creation (and restoration) of neon signage along historic Route 66 (Foothill Boulevard and Alosta Avenue). (1) Require installation of neon tube/LED freestanding/monument and wall signage on parcels fronting onto Route 66, as outlined in the Route 66 Themed Signage section on Page 2-59 of the TOD Specific Plan. 88.24.040.D Include Rear setback encroachments to Site Planning and Building Design Section for the Edgewood District areas. 88.24.030.D(3)(b) – Encroachments Gallery/arcades, awnings, balconies, and outdoor dining furniture may encroach into the setback and public right-of-way, and shall be limited to: (1) Front encroachment: Ten feet maximum. (2) Side Street encroachment: Ten feet maximum. (3) Side encroachment: Ten feet maximum. (4) Rear encroachment: Five feet maximum (4) (5) Maximum encroachment height is two stories or 40 feet. 88.24.050 Remove Section 88.24.050 from the Development Code as it is newly established as a Specific Plan in Section 88.21.060. The TOD Specific Plan is no longer a “District,” so it does not belong in the “Districts” Chapter 88-24. 88.24.050. - TOD Specific Plan District. A. Purpose. The City of Azusa TOD Specific Plan is a comprehensive document that implements the vision for the Specific Plan Area, referred to as the TOD Specific Plan District in this code, as established by the City of Azusa planning process. While the City of Azusa General Plan is the primary guide for growth and development in the community, the Azusa TOD Specific Plan is able to focus on the unique characteristics of the district. The Azusa TOD Specific Plan is also a regulatory document which supersedes the Development Code within the district boundary. In cases where the Specific Plan conflicts with the Development Code, the Specific Plan will take precedence. Where the Specific Plan is silent on a topic(s), the Development Code will remain in effect. B. Location and Existing Conditions. Refer to the City of Azusa TOD Specific Plan. C. Desired Future and Proposed Changes. Refer to the City of Azusa TOD Specific Plan. D. Site Planning and Building Design. Refer to the City of Azusa TOD Specific Plan. 88.26.005.A Typo – Wrong code sections 88.26.005 Code Amendment No. 246 – Development Code Cleanup – First Reading of Draft Ordinance February 3, 2020 Page 10 of 20 Section # Comment Proposed Revision/Recommendation A. Permit requirements. Tables 2-1, 2-2, 2-3, and 2-4 provide land uses that are: 1. Permitted subject to compliance with all applicable provisions of this Development Code, subject to first obtaining a zoning clearance (Section 88.56.020 88.51.020). These are shown as "P" uses in the tables; 2. Allowed subject to the approval of a minor use permit (Section 88.51.050 88.51.040), and shown as "MUP" uses in the tables; 3. Allowed subject to the approval of a use permit (Section 88.51.050 88.51.040), and shown as "UP" uses in the tables; 4. Allowed subject to the type of city approval required by a specific provision of Chapter 88.42 (Standards for Specific Land Uses), and shown as "S" uses in the tables; 5. Not allowed in particular zones, and shown as a "—" in the tables. 88.26.005 (Table 2-3) Typo – Title Table 2-3 88.26.005 Table 2-3 CO TABLE 2-3 Allowed Land Uses and Permit Requirements for Corridors P MU P UP S — Permitted Use, Zoning Clearance required Minor Use Permit required Use Permit required Permit requirement set by Specific Use Regulations Use not allowed 88.26.005 (Table 2-3) Allow Outdoor displays and sales (which includes outdoor dining) in the CAZ, CSG, and CSA zones with MUP approval. 88.26.005 – Allowable uses in Corridors Table 2-3 LAND USE TYPE (1) PERMIT REQUIRED BY ZONE Specific Use Regulation s CAZ CSG CSA CAH CFB RETAIL USES Outdoor displays and sales MUP MUP MUP MUP — 88.42.150 88.26.005 (Table 2-3) (Notes) Typo – Wrong code section (Article 7). Repeats throughout. Table 2-3 Key to Zone Symbols CAZ Azusa Avenue Corridor CAH Arrow Highway Corridor CSG San Gabriel Avenue Corridor CFB Foothill Boulevard Corridor Code Amendment No. 246 – Development Code Cleanup – First Reading of Draft Ordinance February 3, 2020 Page 11 of 20 Section # Comment Proposed Revision/Recommendation CSA South Azusa Avenue Corridor Notes: (1) A definition of each listed use type is in Article 6 Article 7(Glossary). 88.26.010.D Include Rear setback encroachments to Site Planning and Building Design Sections for CFB zone. 88.26.010.D(3)(b) – Encroachments Gallery/arcades, awnings, balconies, porches and outdoor dining furniture may encroach into the setback and public right-of-way and shall be limited to: (1) Front encroachment: Ten feet maximum. (2) Side Street encroachment: Ten feet maximum. (3) Side encroachment: Two feet maximum. (4) Rear encroachment: Five feet maximum. (4) (5) Maximum encroachment height is two stories or 25 feet. (5) (6) Porches may encroach to within five feet of the front or side street property line. 88.26.020.A(1- 2) The TOD Specific Plan is not a “District.” 88.26.020.A 1. CAZ (Azusa Avenue) Corridor. The Azusa Avenue Corridor (CAZ) zone is applied to the Azusa Avenue portion of the Azusa Avenue/San Gabriel Avenue couplet immediately south of the TOD Specific Plan district. This zone is intended to accommodate a range of lower intensity retail, offices and other low intensity commercial uses, together with all types of residential units allowed except stacked flats. 2. CSG (San Gabriel Avenue) Corridor. The San Gabriel Avenue Corridor (CSG) zone is applied to the San Gabriel Avenue portion of the Azusa Avenue/San Gabriel Avenue couplet immediately south of the TOD Specific Plan district. This zone is intended to emphasize residential rather than commercial development, but with offices and other low very intensity commercial uses, excluding most retail. All types of residential units are allowed except stacked flats. 88.26.020.D Include Rear setback encroachments to Site Planning and Building Design Sections for CAZ/CSG zones. 88.26.020.D(3)(b) – Encroachments Gallery/arcades, awnings, balconies, porches and outdoor dining furniture may encroach into the setback and public right-of-way and shall be limited to: (1) Front encroachment: Ten feet maximum. (2) Side Street encroachment: Ten feet maximum. (3) Side encroachment: Two feet maximum. (4) Rear encroachment: Five feet maximum. (4) (5) Maximum encroachment height is two stories or 25 feet. (5) (6) Porches may encroach to within five feet of the front or side street property line. 88.26.030.D Include Rear setback encroachments to Site Planning and Building Design 88.26.030.D(3)(b) – Encroachments Gallery/arcades, awnings, balconies, porches and outdoor dining furniture may encroach into the setback and public right-of-way and shall be limited to: Code Amendment No. 246 – Development Code Cleanup – First Reading of Draft Ordinance February 3, 2020 Page 12 of 20 Section # Comment Proposed Revision/Recommendation Sections for CSA zone. (1) Front encroachment: Ten feet maximum. (2) Side Street encroachment: Ten feet maximum. (3) Side encroachment: Two feet maximum. (4) Rear encroachment: Five feet maximum. (4) (5) Maximum encroachment height is two stories or 25 feet. (5) (6) Porches may encroach to within five feet of the front or side street property line. 88.26.040.D Include Rear setback encroachments to Site Planning and Building Design Sections for CAH zone. 88.26.040.D(3)(b) – Encroachments Gallery/arcades, awnings, balconies, porches and outdoor dining furniture may encroach into the setback and public right-of-way and shall be limited to: (1) Front encroachment: Ten feet maximum. (2) Side Street encroachment: Ten feet maximum. (3) Side encroachment: Two feet maximum. (4) Rear encroachment: Five feet maximum. (4) (5) Maximum encroachment height is two stories or 40 feet. (5) (6) Porches may encroach to within five feet of the front or side street property line. 88.28.030.A Typo – Wrong sections 88.28.030 A. General Permit Requirements. Table 2-4 identifies the uses of land allowed by this Development Code in the special purpose zones, and the planning permit required to establish each use, in compliance with Section 88.10.050 (Approval Requirements for Development and New Land Uses). Table 2-4 provides for land uses that are: 1. Permitted subject to compliance with all applicable provisions of this Development Code, subject to first obtaining a zoning clearance (Section 88.51.020). These are shown as "P" uses in the tables; 2. Allowed subject to the approval of a minor use permit (Section 88.51.050 88.51.040), and shown as "MUP" uses in the tables; 3. Allowed subject to the approval of a use permit (Section 88.51.050 88.51.040), and shown as "UP" uses in the tables; 4. Allowed subject to the type of city approval required by a specific provision of Article 4 Chapter 88.42 (Standards for Specific Land Uses), and shown as "S" uses in the tables; and 5. Not allowed in particular zones, and shown as a "—" in the tables. 88.28.030 (Table 2-4) • Allow alcohol sales in the Open Space (OS) zone since bar/taverns are allowed with Use Permit approval but alcoholic beverage 88.28.030 – Allowable Uses in Special Purpose Zones Table 2-4 LAND USE TYPE (1) PERMIT REQUIRED BY ZONE Specific Use Regulatio ns Code Amendment No. 246 – Development Code Cleanup – First Reading of Draft Ordinance February 3, 2020 Page 13 of 20 Section # Comment Proposed Revision/Recommendation sales is prohibited. • It shall only be allowed – as footnote #4 states – in the area designated "hotel/confe rence center" by the general plan. INS OS REC RETAIL USES Alcoholic beverage sales UP UP(4) — Bar/tavern — UP(4) — 88.28.030 (Table 2-4) Typo – Wrong code section (Article 7). Repeats throughout. Key to Zone Symbols INS Institutional/Sch ool REC Recreation OS Open Space Notes: (1) A definition of each listed use type is in Article 6 Article 7 (Glossary). Article 3 88.34.030 Type – Wrong section 88.34.030 Definitions of certain technical terms and phrases used in this chapter are under "Landscaping Standards" in Article 6 Article 7 (Glossary) of this Development Code. 88.36.050.B The TOD Specific Plan is not a “District.” 88.36.050 B. TOD Specific Plan District Parking Requirements. For development located within the TOD Specific Plan District, refer to the Specific Plan for parking requirements. 88.36.050.F Typo – Wrong section 88.36.050.F 3. Waiver by Commission. The commission may waive covered parking requirements when a nonconforming structure is proposed for rehabilitation if the commission determines, in compliance with Section 88.51.050 88.51.040 (Use Permits and Minor Use Permits), that the existing structure location, lot size, or topography renders the requirement unreasonable. 88.36.050 (Table 3-7) Indent the tiered types of rowhouse, townhome, and 88.36.050 Table 3-7 – Parking Requirements by Land Use Code Amendment No. 246 – Development Code Cleanup – First Reading of Draft Ordinance February 3, 2020 Page 14 of 20 Section # Comment Proposed Revision/Recommendation courtyard units as the other subsections of each land use are indented. Rowhouse, townhome, and courtyard units: Studio or and one-bedroom unit 1 space within a garage for each unit. Two to four bedroom units 2 spaces within a garage for each unit. 5 or more bedroom units 3 spaces within a garage for each unit. Guest parking 1 guest space for each 3 units in a project of five or more units. 88.36.050 (Table 3-7) Remove Second unit or carriage house land use from the parking requirements as that land use no longer exists in the Development Code because it was replaced by accessory dwelling units. 88.36.050 Table 3-7 – Parking Requirements by Land Use Second unit or carriage house As required by Section 88.42.190 (Second Units and Carriage Houses). 88.36.050 (Table 3-7) Create a parking ratio for plant nurseries 88.36.050 Table 3-7 – Parking Requirements by Land Use Vehicle services - All except the following (All customer parking shall be clearly marked and not be used for parking of unregistered vehicles. No damaged, inoperative, wrecked, or abandoned vehicles shall be stored in any exterior area for more than five days.) 2 spaces, plus 3 spaces for each service bay (service bays do not count as spaces). Code Amendment No. 246 – Development Code Cleanup – First Reading of Draft Ordinance February 3, 2020 Page 15 of 20 Section # Comment Proposed Revision/Recommendation Car wash - Self service 2 spaces for each wash bay (wash bays do not count as spaces). Car wash - Full service 4 spaces for each 20 ft. of length of washing structure or area. Veterinary clinic, animal hospital, kennel 1 space for each 300 gsf of floor area; 4 spaces minimum. Plant Nursery 1 space for each 1,000 sf of outdoor display area. 1 space for each 500 sf of indoor display area. 88.36.090.G Typo – Wrong Code section 88.36.090 G. Lighting. The lighting of parking spaces and driveway aisles shall comply with Section 88.30.060 88.31.030 (Outdoor Lighting). 88.36.100.B The TOD Specific Plan is not a “District.” 88.36.100 B. Location of Driveways. Within the TOD Specific Plan District, a driveway shall not access the property across a property line adjacent to a street unless the director determines that no safe access to parking on the rear of the site can be obtained from an alley, the side street of a corner lot, or across adjacent parcels, or that access from a street frontage is required for a parking structure. An allowed driveway shall comply with location requirements established by the city engineer. 88.36.100.E Type – Wrong Code section 88.36.100 E. Surfacing. All driveways required by this section, and as shown on the approved plans, shall be surfaced in compliance with Section 88.36.090.H 88.36.090.I, except that a driveway with a slope of ten percent or greater shall be paved with asphalt or concrete in all cases. 88.36.110.B(5) Typo – Wrong Code section 88.36.100.B 5. Lighting. Loading areas shall have lighting capable of providing adequate illumination for security and safety. Lighting shall be deflected away from abutting residential sites and installed and maintained in compliance with Section 88.30.060 88.31.030 (Outdoor Lighting). 88.36.120 Insert minimum distance for off-site parking and loading spaces (referencing an existing Code section). 88.36.120 A. Maximum Distance. The maximum distance between sites designated for off-site parking and loading spaces shall be 300 feet in compliance with 88.36.090.A(2). A. B. Covenant, Lease, or Other Agreement Required. Code Amendment No. 246 – Development Code Cleanup – First Reading of Draft Ordinance February 3, 2020 Page 16 of 20 Section # Comment Proposed Revision/Recommendation 1. When off-street parking or loading facilities are provided on a site other than the site on which the use or structure to be served by the parking or loading facilities is located, a recordable covenant, easement, or other agreement, acceptable to the city attorney, shall be recorded in the county recorder's office. 2. The parties to the covenant, easement, or agreement shall include the owner of the off-site parking spaces and the owner of the subject site, with covenants reflecting the conditions of approval and the off-site parking plan approved by the city. B. C. Facilities Shall Not be Used for Any Other Purpose. The recordable covenant, easement, or other agreement designating the off-street parking or loading facilities and the use or structure to be served, with legal descriptions of both sites, shall also certify that the off-street parking or loading facilities shall not be used for any other purpose unless the restriction is removed by resolution of the commission, in compliance with subsection EF., below. C. D. Certificate of Occupancy. No certificate of occupancy shall be issued until an attested copy of the recorded covenant, easement, or other agreement has been filed with the director. D. E. Loss of Off-Site Spaces. 1. Notification to the City. The owner or operator of a business that uses approved off-site spaces to satisfy the parking requirements of this chapter shall immediately notify the director of any change of ownership or use of the property for which the spaces are required, and of any termination or default of the agreement between the parties. 2. Effect of Termination of Agreement. Upon notification that the agreement for the required off-site parking has terminated, the director shall determine a reasonable time in which one of the following shall occur: a. Substitute parking is provided that is acceptable to the director; or b. The size or capacity of the use is reduced in proportion to the parking spaces lost. E. F. Commission's Action to Remove Restriction. Upon submission of satisfactory evidence that other off-street parking or loading facilities have been provided in compliance with the requirements of this chapter, or that the use has ceased, or the structure has been removed or altered so as to no longer require the off-street parking or loading facilities, the commission shall remove the restriction. 88.38.020.C Type – Wrong Section 88.38.020 C. Definitions. Definitions of the specialized terms and phrases used in this chapter may be found in Article 6 Article 7 (Glossary) under "Sign." 88.38.050.K Applicability of Route 66-themed signs. Add subsection K to 88.38.050 (General Requirements for All Signs). 88.38.050 K. Route 66-Themed Signage. Neon tube/LED freestanding/monument and wall signage are required for those parcels fronting onto Route 66 (Foothill Boulevard and Alosta Avenue) in compliance with the Use of Neon Tubing standards outlined on page 2-59 of the Azusa TOD Specific Plan. Only those located within the Route 66 District of the Azusa TOD Specific Plan shall comply with the Maximum Sign Area on page 2-59 of the Azusa TOD Specific Plan. All other signage not identified within the Route 66 District shall comply with the requirements of 88.38.060 (Sign Standards by Area). 88.38.060 (Table 3-12) Typos • Space between “at least” and 88.38.060 Table 3-12 Code Amendment No. 246 – Development Code Cleanup – First Reading of Draft Ordinance February 3, 2020 Page 17 of 20 Section # Comment Proposed Revision/Recommendation “25 sf,” • Delete duplicate “shall not exceed the total linear feet of that frontage.” Allowed Sign Types Maximum Sign Height Maximum Number of Signs Allowed per Parcel Maximum Sign Area Ground-mounted and Ground-floor Signs Awning Below roof (1) Single tenant site or building: 3 of any combination of allowed sign types per primary building frontage. 1 of any allowed sign type per secondary building frontage. Site or structure with 4 or more tenants: 1 of any allowed signtype per business frontage, unless additional signs are authorized by the review authority through a Master Sign Plan approval. Maximum sign area per parcel. The total sign area on a parcel shall comply with the following requirements. 1. 1 sf for each linear ft. of primary building frontage. 2. 0.5 additional sf for each linear foot of secondary building frontage. 3. Each use is allowed a total sign area of at least 25 sf regardless of frontage length. 4. The total sign area per use shall not exceed 100 sf, without Master Sign Plan approval. Maximum sign area per building frontage. The total area of all signs on a single structure frontage shall not exceed the total linear feet Freestanding 6 ft. Projecting, Wall Mounted and Wall- painted Below roof (1) Suspended Below eave/ canopy; at least 8 ft. above a walking surface Code Amendment No. 246 – Development Code Cleanup – First Reading of Draft Ordinance February 3, 2020 Page 18 of 20 Section # Comment Proposed Revision/Recommendation of that frontage shall not exceed the total linear feet of that frontage. Site with 4 or more tenants: is allowed an additional freestanding identification sign of 0.25 sf for each linear ft. of total primary structure frontage, up to 100 sf maximum. 88.38.070.C(4) Typo – Wrong Section 88.38.070.C 4. Required Findings. The approval of a use permit for a freeway-oriented sign shall require that the commission first find that the use or site cannot be adequately identified by other signs allowed within the applicable zoning district, in addition to the other findings required for use permit approval by Section 88.51.050 88.51.040. Article 4 88.42.020.E Clarify language to not allow tents and portable shelter structures in front setback of residential zones. 88.42.020 E. Tents and Portable Shelter Structures. The use of tents and other temporary and portable shelter structures may not be allowed in the front setback of residential districts but may be allowed in residential districts in rear yard areas not visible from the street or public right-of-way. 88.42.120.G The TOD Specific Plan is not a “District.” Also, remove “parking,” in section because the section is involving development standards, not parking requirements. 88.42.120 G. Mixed-Use Development Standards within the TOD Specific Plan District. For mixed-use development located within the TOD Specific Plan District, refer to the Specific Plan for parking requirements development standards. 88.42.160.A Allow outdoor storage containers with MUP approval so long as they are screened to the satisfaction of the Planning Division. 88.42.160 A. Enclosure and Screening Required. Outdoor storage areas shall be entirely enclosed by a solid wall or fence as approved by the review authority with a minimum height of six feet and a maximum height of eight feet. Storage containers may be allowed with a temporary minor use permit in the DW and DWL zones only, located so as not to be visible from the street. 88.44.020 Typo – Wrong Section 88.44.020 Code Amendment No. 246 – Development Code Cleanup – First Reading of Draft Ordinance February 3, 2020 Page 19 of 20 Section # Comment Proposed Revision/Recommendation Definitions of the technical terms and phrases used in this chapter may be found under "surface mining" in Article 6 Article 7 (Glossary). 88.46.020 Typo – Wrong Section 88.46.020 The technical terms and phrases used in this chapter are defined in Article 6 Article 7 (Glossary) under "telecommunications facility. 88.46.040.E Typo – Wrong Section 88.46.040 E. Required Findings for Approval. The approval of a use permit for a communication facility shall require that the review authority first make the following findings, in addition to those required for use permit approval by Section 88.50.050 88.51.040 (Use Permits and Minor Use Permits): Article 5 88.51.032.B Clarify Design Review applicability for façade improvements of nonresidential buildings. 88.51.032 – Design Review B. Applicability. Design review is required for: 1. New single-family dwellings; 2. Multi-family projects; 3. Second floor additions to existing dwellings, alterations (including siding, new windows, wainscoting, doors, columns, porches, etc.) to facade visible from a street, and/or ground floor additions that increase existing floor area by more than 29 percent or 499 square feet; and 4. Non-residential projects, including permanent outdoor sales and displays, news and flower stands, and outdoor dining.; and 5. Façade improvements to nonresidential buildings which include but are not limited to repainting of the exterior color, installation of new windows or exterior doors visible from public right-of-way, exterior façade treatments (stucco, siding, brick or stone veneer, or other enhanced building material), installation or repair of awning, canopy, or other shade solution. 88.52.040.B Extend time limit for Design Review and Variance/Minor Variances. Include Tentative Map time limits (consistent with the Subdivision Map Act). 88.52.040 B. Time Limits. 1. Unless conditions of approval or other provisions of this Development Code establish a different time limit, any permit or approval granted in compliance with Chapter 88.51 (Permit Review and Decisions) and Article IV of Chapter 66 (Subdivisions) that is not exercised within the time limits listed below after its approval shall expire and be subject to revocation, except where an extension of time is approved in compliance with subsection C., below. Planning permit Time Limit Use Permits and Minor Use Permits 1 year 6 months Variances and Minor Variances Design Review Tentative Maps 2 years Code Amendment No. 246 – Development Code Cleanup – First Reading of Draft Ordinance February 3, 2020 Page 20 of 20 RECOMMENDATION: Staff recommends that the City Council take the following actions: 1) Find the requested project exempt from the California Environmental Quality Act (CEQA); and 2) Open the Public Hearing, receive public testimony, close the public hearing; and 3) Wave further reading, read by title only and introduce Ordinance No. 2020-02: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA APPROVING CODE AMENDMENT NO. 246 TO AMEND VARIOUS SECTIONS OF CHAPTER 88 OF THE AZUSA MUNICIPAL CODE (DEVELOPMENT CODE) FISCAL IMPACT: There is no fiscal impact associated with introducing a first reading of Ordinance No. 2020-02. Prepared by: Reviewed by: Robert (Dean) Flores Manuel Muñoz Assistant Planner Planning Manager Reviewed by: Fiscal Reviewed by: Matt Marquez Talika M. Johnson Director of Economic and Community Development Director of Administrative Services Reviewed and Approved by: Sergio Gonzalez City Manager Attachments: 1) Draft Ordinance No. 2020-02 ORDINANCE NO. 2020-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA APPROVING CODE AMENDMENT NO. 246 TO AMEND VARIOUS SECTIONS OF CHAPTER 88 OF THE AZUSA MUNICIPAL CODE (DEVELOPMENT CODE) WHEREAS, the City of Azusa, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, California Government Code, Section 65800 et seq. authorizes the adoption and administration of zoning laws, ordinances, rules and regulations by cities as a means of implementing the General Plan; and WHEREAS, on February 22, 2005, the City Council of the City of Azusa (the “City Council”) adopted the new Development Code (Chapter 88 of the Azusa Municipal Code) with the understanding that the new format included wholesale changes to the prior Code, and that revisions would be necessary after the new Code was implemented; and WHEREAS, on December 11, 2019, the Planning Commission held a Study Session of Code Amendment No. 246, and WHEREAS, on January 8, 2020, the Planning Commission conducted a public hearing on the proposed Development Code Amendment No. 246 at a regular meeting, and recommended that the City Council approve this Ordinance. WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The additions to the Azusa Municipal code are underlined and the deletions are denoted by a strikethrough font. Those underlined in blue font represent hyperlinks. SECTION 3. The following changes to Chapter 88 of the Azusa Municipal Code are as follows: 88.10.050. Attachment 1 E. New Nonresidential Land Use in Existing Building or on Developed Site. A land use identified by Article 2 (Urban Standards) as a "P" (permitted) use, that is proposed on a site where no construction requiring a building permit will occur, shall require a zoning clearance as provided by Section 5.12.020 88.51.020 (zoning clearance) to ensure that the site complies with all applicable standards of this Development Code, including parking, landscaping, signs, trash enclosures, etc. Zoning clearance shall not be granted and the proposed land use shall not be established unless the site and existing improvements comply with all applicable requirements of this Development Code, except as provided by Chapter 5.20 88.54 (Nonconforming Uses, Structures, and Parcels). 88.21 – SPECIFIC PLANS 88.21.010. – Purpose of Chapter This chapter establishes the regulating authority for the specific plans located in the areas highlighted in the Regulating Plan (Figure 2) in Section 88.20.040. The areas located in the specific plan are regulated by their respective development standards, parking requirements, allowable land uses, incentives, and any other applicable standards. In cases where the Specific Plan conflicts with the Development Code, the Specific Plan will take precedence. Where the Specific Plan is silent on a topic(s), the Development Code and/or General Plan will remain in effect. 88.21.020. – Parkside Azusa Specific Plan A. Purpose. The purpose of the Parkside Azusa Specific Plan is to allow comprehensive development of the site while implementing the City of Azusa’s General Plan goals as they relate to development of the Specific Plan areas. The Specific Plan is prepared pursuant to California Code Section 65450 et. seq., as described in Section 1.5 of the Specific Plan. The Specific Plan serves as the direct link between the General Plan’s policies and the design of the proposed residential development project, and assures that, as the two development phases of the Specific Plan are approved, they are and will remain consistent with the General Plan. B. Allowable Uses. Refer to the Parkside Azusa Specific Plan. C. Site Planning and Building Design. Refer to the Parkside Azusa Specific Plan. 88.21.030. – Monrovia Nursery Specific Plan A. Purpose. The purpose of the Monrovia Nursery Specific Plan is to create a master planned community that embodies time-tested planning principles and architectural styles and promotes the heritage and values of Azusa. This new community will be part of and enhance the existing community of Azusa while implementing the Guiding Principles of the General Plan. B. Allowable Uses. Refer to the Monrovia Nursery Specific Plan. C. Site Planning and Building Design. Refer to the Monrovia Nursery Specific Plan. 88.21.040. – Azusa Pacific University Specific Plan A. Purpose. The Azusa Pacific University Specific Plan is a comprehensive guide to defining the character of future physical development for the main campus of Azusa Pacific University (APU). The campus is located on two nearby sites (East Campus and West Campus) in Azusa, California. This plan does not address other properties owned or leased by APU in Southern California. B. Allowable Uses. Refer to the Azusa Pacific University Specific Plan. C. Site Planning and Building Design. Refer to the Azusa Pacific University Specific Plan. 88.21.050. – Dhammakaya International Meditation Center Specific Plan A. Purpose. The Dhammakaya International Meditation Center (DIMC) Specific Plan is a comprehensive guide to defining future improvements to, and use of, the DIMC Property. Typically, Specific Plans are used for large, multiple phase developments that incorporate many different types of land uses. In this particular case, the DIMC Property is unique due to its history and the relatively few special events that occur on the Property. Therefore, a Specific Plan can provide the City more clarity in regulating the phasing of physical improvements and the on-going use of the Property. B. Allowable Uses. Refer to the Dhammakaya International Meditation Center Specific Plan. C. Site Planning and Building Design. Refer to the Dhammakaya International Meditation Center Specific Plan. 88.21.060. – Azusa TOD Specific Plan A. Purpose. The Azusa Transit-Oriented Development (TOD) General Plan/Development Code Update and Specific Plan (herein referred to as the Azusa TOD Specific Plan, or, simply Specific Plan) is a comprehensive document that will implement the vision for the Specific Plan Area as established by the City of Azusa planning process. B. Allowable Uses. Refer to the Azusa TOD Specific Plan. C. Site Planning and Building Design. Refer to the Azusa TOD Specific Plan. 88.22.030. A. Location and Existing Conditions. The central neighborhoods of Azusa are defined by the 210 Freeway to the south and southwest, the rail lines to the northwest, Foothill Boulevard to the north, and Cerritos Avenue to the east. These neighborhoods are bisected by the TOD Specific Plan District and Azusa/San Gabriel Avenue Corridor (described separately). The Little Dalton Wash flood control channel cuts through the southeast corner of the neighborhoods. 88.22.065. A. Permit requirements. Tables 2-1, 2-2, 2-3, and 2-4 provide land uses that are: 1. Permitted subject to compliance with all applicable provisions of this Development Code, subject to first obtaining a zoning clearance (Section 88.56.020 88.51.020). These are shown as "P" uses in the tables; 2. Allowed subject to the approval of a minor use permit (Section 88.51.050 88.51.040), and shown as "MUP" uses in the tables; 3. Allowed subject to the approval of a use permit (Section 88.51.050 88.51.040), and shown as "UP" uses in the tables; 4. Allowed subject to the type of city approval required by a specific provision of Chapter 4.12 88.42 (Standards for Specific Land Uses), and shown as "S" uses in the tables; and 5. Not allowed in particular zones, and shown as a "—" in the tables. 88.22.065. (Table 2-1) Key to Zone Symbols NC Neighborhood Center L Low Density NG1 Neighborhood General 1 MED Medium Density NG2 Neighborhood General 2 MOD Moderate Density NG3 Neighborhood General 3 Notes: (1) A definition of each listed use type is in Article 6 Article 7 (Glossary). 88.22.070.A(3)(c)(2) Galleries, arcades, and awnings may encroach into the setback as shown in the above diagrams, but shall be limited to: i. Front encroachment: Five feet maximum. ii. Side Street encroachment: Five feet maximum. iii. Side encroachment: Five feet maximum. iv. Rear encroachment: Five feet maximum iv. v. Maximum encroachment height is two stories or 30 feet. v. vi. Porches may encroach to within five feet of the front or side street property line. 88.22.070.B(3)(c)(2) Porches, patios, cantilevered bay windows, and balconies may encroach into the setback, but shall be limited to: i. Front encroachment: Eight feet maximum. ii. Side Street encroachment: Five feet maximum. iii. Side encroachment: Two feet maximum. iv. Rear encroachment: Five feet maximum. iv. v. Maximum encroachment height: Two stories or 24 feet. 88.22.070.C(3)(c)(2) Porches, patios, cantilevered bay windows, and balconies may encroach into the setback, but shall be limited to: i. Front encroachment: Eight feet maximum. ii. Side Street encroachment: Five feet maximum. iii. Side encroachment: Two feet maximum. iv. Rear encroachment: Five feet maximum. iv. v. Maximum encroachment height: Two stories or 24 feet. 88.22.070.D(3)(c)(2) Porches, patios, cantilevered bay windows, and balconies may encroach into the setback, but shall be limited to: i. Front encroachment: Eight feet maximum. ii. Side Street encroachment: Five feet maximum. iii. Side encroachment: Two feet maximum. iv. Rear encroachment: Five feet maximum. iv. v. Maximum encroachment height: Two stories or 24 feet. 88.22.065. A. Permit requirements. Tables 2-1, 2-2, 2-3, and 2-4 provide land uses that are: 1. Permitted subject to compliance with all applicable provisions of this Development Code, subject to first obtaining a zoning clearance (Section 5.22.020 88.51.020). These are shown as "P" uses in the tables; 2. Allowed subject to the approval of a minor use permit (Section 5.12.050 88.51.040), and shown as "MUP" uses in the tables; 3. Allowed subject to the approval of a use permit (Section 5.12.050 88.51.040), and shown as "UP" uses in the tables; 4. Allowed subject to the type of city approval required by a specific provision of Chapter 4.12 88.42 (Standards for Specific Land Uses), and shown as "S" uses in the tables; 5. Not allowed in particular zones, and shown as a "—" in the tables. 6. For sub-districts located within the TOD Specific Plan District, (DG, DD, DX, DR, DT, and DC) refer to Chapter 2 of the City of Azusa TOD Specific Plan for allowable uses. 88.24.005. (Table 2-2) Key to Zone Symbols DE Edgewood District DW West End Industrial District DWL West End Light Industrial District Notes: (1) A definition of each listed use type is in Article 6 Article 7 (Glossary). 88.24.005. (Table 2-2) LAND USE TYPE (1) PERMIT REQUIRED BY ZONE DE DW DWL RECREATION, EDUCATION & PUBLIC ASSEMBLY USES Conference/convention facility — UP UP 88.24.005. (Table 2-2) LAND USE TYPE (1) PERMIT REQUIRED BY ZONE DE DW DWL SERVICES – BUSINESS, FINANCIAL, PROFESSIONAL Medical services – Clinic, urgent care P MUP MUP Medical services – Doctor office P P P Medical services – Extended care (3) — — — Medical services – Hospital — UP UP 88.24.005. (Table 2-2) LAND USE TYPE (1) PERMIT REQUIRED BY ZONE DE DW DWL SERVICES – GENERAL Veterinary Clinic, animal hospital, boarding kennel — up UP up UP 88.24.005. (Table 2-2) Key to Zone Symbols DU- MH MU University District - Mixed Use CU DU- RMO University District - Residential Moderate DU- RM University District - Residential Medium 88.24.020.C(1) h. Install landscaped medians and parkways on Foothill Boulevard and Alosta Avenue, consistent with the TOD Specific Plan District. 88.24.020.C(3)(a) 1. Require installation of neon tube/LED freestanding/monument and wall signage on parcels fronting onto Route 66, as outlined in the Route 66 Themed Signage section on Page 2-59 of the TOD Specific Plan. 88.24.020.D(3)(b) Gallery/arcades, awnings, balconies, porches, patios, and outside dining furniture may encroach into the setback and public right-of-way, and shall be limited to: (1) Front encroachment: Ten feet maximum. (2) Side Street encroachment: Ten feet maximum. (3) Side encroachment: Two feet maximum. (4) Rear encroachment: Five feet maximum (4) (5) Maximum encroachment height is two stories. (5) (6) Porches may encroach to within five feet of the front or side street property line. 88.24.030.D(3)(b) Gallery/arcades, awnings, balconies, and outside dining furniture may encroach into the setback and public right-of-way, and shall be limited to: (1) Front encroachment: Ten feet maximum. (2) Side Street encroachment: Ten feet maximum. (3) Side encroachment: Ten feet maximum. (4) Rear encroachment: Five feet maximum (4) (5) Maximum encroachment height is two stories. 88.24.040.C-1 3. Requirements. a. Promote the creation (and restoration) of neon signage along historic Route 66 (Foothill Boulevard and Alosta Avenue). (1) Require installation of neon tube/LED freestanding/monument and wall signage on parcels fronting onto Route 66, as outlined in the Route 66 Themed Signage section on Page 2-59 of the TOD Specific Plan. 88.24.030.D(3)(b) Gallery/arcades, awnings, balconies, and outdoor dining furniture may encroach into the setback and public right-of-way, and shall be limited to: (1) Front encroachment: Ten feet maximum. (2) Side Street encroachment: Ten feet maximum. (3) Side encroachment: Ten feet maximum. (4) Rear encroachment: Five feet maximum (4) (5) Maximum encroachment height is two stories or 40 feet. 88.26.005. A. Permit requirements. Tables 2-1, 2-2, 2-3, and 2-4 provide land uses that are: 1. Permitted subject to compliance with all applicable provisions of this Development Code, subject to first obtaining a zoning clearance (Section 88.56.020 88.51.020). These are shown as "P" uses in the tables; 2. Allowed subject to the approval of a minor use permit (Section 88.51.050 88.51.040), and shown as "MUP" uses in the tables; 3. Allowed subject to the approval of a use permit (Section 88.51.050 88.51.040), and shown as "UP" uses in the tables; 4. Allowed subject to the type of city approval required by a specific provision of Chapter 88.42 (Standards for Specific Land Uses), and shown as "S" uses in the tables; 5. Not allowed in particular zones, and shown as a "—" in the tables. 88.26.005. (Table 2-3) CO TABLE 2-3 Allowed Land Uses and Permit Requirements for Corridors P MU P UP S — Permitted Use, Zoning Clearance required Minor Use Permit required Use Permit required Permit requirement set by Specific Use Regulations Use not allowed 88.26.005. (Table 2-3) LAND USE TYPE (1) PERMIT REQUIRED BY ZONE Specific Use Regulatio ns CAZ CSG CSA CAH CFB RETAIL USES Outdoor displays and sales MUP MUP MUP MUP — 88.42.150 88.26.005. (Table 2-3) Key to Zone Symbols CAZ Azusa Avenue Corridor CAH Arrow Highway Corridor CSG San Gabriel Avenue Corridor CFB Foothill Boulevard Corridor CSA South Azusa Avenue Corridor Notes: (1)A definition of each listed use type is in Article 6 Article 7(Glossary). 88.26.010.D(3)(b) Gallery/arcades, awnings, balconies, porches and outdoor dining furniture may encroach into the setback and public right-of-way and shall be limited to: (1) Front encroachment: Ten feet maximum. (2) Side Street encroachment: Ten feet maximum. (3) Side encroachment: Two feet maximum. (4) Rear encroachment: Five feet maximum. (4) (5) Maximum encroachment height is two stories or 25 feet. (5) (6) Porches may encroach to within five feet of the front or side street property line. 88.26.020.A 1. CAZ (Azusa Avenue) Corridor. The Azusa Avenue Corridor (CAZ) zone is applied to the Azusa Avenue portion of the Azusa Avenue/San Gabriel Avenue couplet immediately south of the TOD Specific Plan district. This zone is intended to accommodate a range of lower intensity retail, offices and other low intensity commercial uses, together with all types of residential units allowed except stacked flats. 2. CSG (San Gabriel Avenue) Corridor. The San Gabriel Avenue Corridor (CSG) zone is applied to the San Gabriel Avenue portion of the Azusa Avenue/San Gabriel Avenue couplet immediately south of the TOD Specific Plan district. This zone is intended to emphasize residential rather than commercial development, but with offices and other low very intensity commercial uses, excluding most retail. All types of residential units are allowed except stacked flats. 88.26.020.D(3)(b) Gallery/arcades, awnings, balconies, porches and outdoor dining furniture may encroach into the setback and public right-of-way and shall be limited to: (1) Front encroachment: Ten feet maximum. (2) Side Street encroachment: Ten feet maximum. (3) Side encroachment: Two feet maximum. (4) Rear encroachment: Five feet maximum. (4) (5) Maximum encroachment height is two stories or 25 feet. (5) (6) Porches may encroach to within five feet of the front or side street property line. 88.26.030.D(3)(b) Gallery/arcades, awnings, balconies, porches and outdoor dining furniture may encroach into the setback and public right-of-way and shall be limited to: (1) Front encroachment: Ten feet maximum. (2) Side Street encroachment: Ten feet maximum. (3) Side encroachment: Two feet maximum. (4) Rear encroachment: Five feet maximum. (4) (5) Maximum encroachment height is two stories or 25 feet. (5) (6) Porches may encroach to within five feet of the front or side street property line. 88.26.040.D(3)(b) Gallery/arcades, awnings, balconies, porches and outdoor dining furniture may encroach into the setback and public right-of-way and shall be limited to: (1) Front encroachment: Ten feet maximum. (2) Side Street encroachment: Ten feet maximum. (3) Side encroachment: Two feet maximum. (4) Rear encroachment: Five feet maximum. (4) (5) Maximum encroachment height is two stories or 40 feet. (5) (6) Porches may encroach to within five feet of the front or side street property line. 88.28.030. A. General Permit Requirements. Table 2-4 identifies the uses of land allowed by this Development Code in the special purpose zones, and the planning permit required to establish each use, in compliance with Section 88.10.050 (Approval Requirements for Development and New Land Uses). Table 2-4 provides for land uses that are: 1. Permitted subject to compliance with all applicable provisions of this Development Code, subject to first obtaining a zoning clearance (Section 88.51.020). These are shown as "P" uses in the tables; 2. Allowed subject to the approval of a minor use permit (Section 88.51.050 88.51.040), and shown as "MUP" uses in the tables; 3. Allowed subject to the approval of a use permit (Section 88.51.050 88.51.040), and shown as "UP" uses in the tables; 4. Allowed subject to the type of city approval required by a specific provision of Article 4 Chapter 88.42 (Standards for Specific Land Uses), and shown as "S" uses in the tables; and 5. Not allowed in particular zones, and shown as a "—" in the tables. 88.28.030. (Table 2-4) LAND USE TYPE (1) PERMIT REQUIRED Specific BY ZONE Use Regulatio ns INS OS REC RETAIL USES Alcoholic beverage sales UP UP(4) — Bar/tavern — UP(4) — 88.28.030. (Table 2-4) Key to Zone Symbols INS Institutional/School REC Recreation OS Open Space Notes: (1) A definition of each listed use type is in Article 6 Article 7 (Glossary). 88.34.030. Definitions of certain technical terms and phrases used in this chapter are under "Landscaping Standards" in Article 6 Article 7 (Glossary) of this Development Code. 88.36.050. B. TOD Specific Plan District Parking Requirements. For development located within the TOD Specific Plan District, refer to the Specific Plan for parking requirements. 88.36.050.F 3. Waiver by Commission. The commission may waive covered parking requirements when a nonconforming structure is proposed for rehabilitation if the commission determines, in compliance with Section 88.51.050 88.51.040 (Use Permits and Minor Use Permits), that the existing structure location, lot size, or topography renders the requirement unreasonable. 88.36.050. (Table 3-7) Rowhouse, townhome, and courtyard units: Studio or and one-bedroom unit 1 space within a garage for each unit. Two to four bedroom units 2 spaces within a garage for each unit. 5 or more bedroom units 3 spaces within a garage for each unit. Guest parking 1 guest space for each 3 units in a project of five or more units. 88.36.050. (Table 3-7) Second unit or carriage house As required by Section 88.42.190 (Second Units and Carriage Houses). 88.36.050. (Table 3-7) Vehicle services - All except the following (All customer parking shall be clearly marked and not be used for parking of unregistered vehicles. No damaged, inoperative, wrecked, or abandoned vehicles shall be stored in any exterior area for more than five days.) 2 spaces, plus 3 spaces for each service bay (service bays do not count as spaces). Car wash - Self service 2 spaces for each wash bay (wash bays do not count as spaces). Car wash - Full service 4 spaces for each 20 ft. of length of washing structure or area. Veterinary clinic, animal hospital, kennel 1 space for each 300 gsf of floor area; 4 spaces minimum. Plant Nursery 1 space for each 1,000 sf of outdoor display area. 1 space for each 500 sf of indoor display area. 88.36.090. E. Surfacing. All driveways required by this section, and as shown on the approved plans, shall be surfaced in compliance with Section 88.36.090.H 88.36.090.I, except that a driveway with a slope of ten percent or greater shall be paved with asphalt or concrete in all cases. 88.36.100.B 5. Lighting. Loading areas shall have lighting capable of providing adequate illumination for security and safety. Lighting shall be deflected away from abutting residential sites and installed and maintained in compliance with Section 88.30.060 88.31.030 (Outdoor Lighting). 88.36.120 A. Maximum Distance. The maximum distance between sites designated for off- site parking and loading spaces shall be 300 feet in compliance with 88.36.090.A(2). A. B. Covenant, Lease, or Other Agreement Required. 1. When off-street parking or loading facilities are provided on a site other than the site on which the use or structure to be served by the parking or loading facilities is located, a recordable covenant, easement, or other agreement, acceptable to the city attorney, shall be recorded in the county recorder's office. 2. The parties to the covenant, easement, or agreement shall include the owner of the off-site parking spaces and the owner of the subject site, with covenants reflecting the conditions of approval and the off-site parking plan approved by the city. B. C. Facilities Shall Not be Used for Any Other Purpose. The recordable covenant, easement, or other agreement designating the off-street parking or loading facilities and the use or structure to be served, with legal descriptions of both sites, shall also certify that the off-street parking or loading facilities shall not be used for any other purpose unless the restriction is removed by resolution of the commission, in compliance with subsection EF., below. C. D. Certificate of Occupancy. No certificate of occupancy shall be issued until an attested copy of the recorded covenant, easement, or other agreement has been filed with the director. D. E Loss of Off-Site Spaces. 1. Notification to the City. The owner or operator of a business that uses approved off-site spaces to satisfy the parking requirements of this chapter shall immediately notify the director of any change of ownership or use of the property for which the spaces are required, and of any termination or default of the agreement between the parties. 2. Effect of Termination of Agreement. Upon notification that the agreement for the required off-site parking has terminated, the director shall determine a reasonable time in which one of the following shall occur: a. Substitute parking is provided that is acceptable to the director; or b. The size or capacity of the use is reduced in proportion to the parking spaces lost. E. F. Commission's Action to Remove Restriction. Upon submission of satisfactory evidence that other off-street parking or loading facilities have been provided in compliance with the requirements of this chapter, or that the use has ceased, or the structure has been removed or altered so as to no longer require the off- street parking or loading facilities, the commission shall remove the restriction. 88.38.020 C. Definitions. Definitions of the specialized terms and phrases used in this chapter may be found in Article 6 Article 7 (Glossary) under "Sign." 88.38.050 K. Route 66-Themed Signage. Neon tube/LED freestanding/monument and wall signage are required for those parcels fronting onto Route 66 (Foothill Boulevard and Alosta Avenue) in compliance with the Use of Neon Tubing standards outlined on page 2-59 of the Azusa TOD Specific Plan. Only those located within the Route 66 District of the Azusa TOD Specific Plan shall comply with the Maximum Sign Area on page 2-59 of the Azusa TOD Specific Plan. All other signage not identified within the Route 66 District shall comply with the requirements of 88.38.060 (Sign Standards by Area). 88.38.060 (Table 3-12) Allowed Sign Types Maximum Sign Height Maximum Number of Signs Allowed per Parcel Maximum Sign Area Ground-mounted and Ground-floor Signs Awning Below roof (1) Single tenant site or building: 3 of any combination of allowed sign types per primary building frontage. 1 of any allowed sign type per secondary building frontage. Site or structure with 4 or more tenants: 1 of any allowed signtype per business frontage, unless additional signs are authorized by the review authority through a Master Sign Plan approval. Maximum sign area per parcel. The total sign area on a parcel shall comply with the following requirements. 1. 1 sf for each linear ft. of primary building frontage. 2. 0.5 additional sf for each linear foot of secondary building frontage. 3. Each use is allowed a total sign area of at least 25 sf regardless of frontage length. 4. The total sign area per use shall not exceed 100 sf, without Master Sign Plan approval. Maximum sign area per building frontage. The total area of all signs on a single structure frontage shall not exceed the total linear feet of that frontage shall not exceed the total linear feet of that frontage. Freestanding 6 ft. Projecting, Wall Mounted and Wall- painted Below roof (1) Suspended Below eave/ canopy; at least 8 ft. above a walking surface Site with 4 or more tenants: is allowed an additional freestanding identification sign of 0.25 sf for each linear ft. of total primary structure frontage, up to 100 sf maximum. 88.38.070.C 4. Required Findings. The approval of a use permit for a freeway-oriented sign shall require that the commission first find that the use or site cannot be adequately identified by other signs allowed within the applicable zoning district, in addition to the other findings required for use permit approval by Section 88.51.050 88.51.040. 88.42.020 E. Tents and Portable Shelter Structures. The use of tents and other temporary and portable shelter structures may not be allowed in the front setback of residential districts but may be allowed in residential districts in rear yard areas not visible from the street or public right-of-way. 88.42.120 G. Mixed-Use Development Standards within the TOD Specific Plan District. For mixed-use development located within the TOD Specific Plan District, refer to the Specific Plan for parking requirements development standards. 88.42.160 A. Enclosure and Screening Required. Outdoor storage areas shall be entirely enclosed by a solid wall or fence as approved by the review authority with a minimum height of six feet and a maximum height of eight feet. Storage containers may be allowed with a temporary minor use permit in the DW and DWL zones only, located so as not to be visible from the street. 88.44.020 Definitions of the technical terms and phrases used in this chapter may be found under "surface mining" in Article 6 Article 7 (Glossary). 88.46.020 The technical terms and phrases used in this chapter are defined in Article 6 Article 7 (Glossary) under "telecommunications facility. 88.46.040 E. Required Findings for Approval. The approval of a use permit for a communication facility shall require that the review authority first make the following findings, in addition to those required for use permit approval by Section 88.50.050 88.51.040 (Use Permits and Minor Use Permits): 88.51.032 B. Applicability. Design review is required for: 1. New single-family dwellings; 2. Multi-family projects; 3. Second floor additions to existing dwellings, alterations (including siding, new windows, wainscoting, doors, columns, porches, etc.) to facade visible from a street, and/or ground floor additions that increase existing floor area by more than 29 percent or 499 square feet; and 4. Non-residential projects, including permanent outdoor sales and displays, news and flower stands, and outdoor dining; and 5. Façade improvements to nonresidential buildings which include but are not limited to repainting of the exterior color, installation of new windows or exterior doors visible from public right-of-way, exterior façade treatments (stucco, siding, brick or stone veneer, or other enhanced building material), installation or repair of awning, canopy, or other shade solution. 88.52.040 B. Time Limits. 1. Unless conditions of approval or other provisions of this Development Code establish a different time limit, any permit or approval granted in compliance with Chapter 88.51 (Permit Review and Decisions) and Article IV of Chapter 66 (Subdivisions) that is not exercised within the time limits listed below after its approval shall expire and be subject to revocation, except where an extension of time is approved in compliance with subsection C., below. Planning permit Time Limit Use Permits and Minor Use Permits 1 year Variances and Minor Variances 6 months Design Review Tentative Maps 2 years SECTION 3. Section 88.24.050 of the Azusa Municipal Code is hereby deleted: A. Purpose. The City of Azusa TOD Specific Plan is a comprehensive document that implements the vision for the Specific Plan Area, referred to as the TOD Specific Plan District in this code, as established by the City of Azusa planning process. While the City of Azusa General Plan is the primary guide for growth and development in the community, the Azusa TOD Specific Plan is able to focus on the unique characteristics of the district. The Azusa TOD Specific Plan is also a regulatory document which supersedes the Development Code within the district boundary. In cases where the Specific Plan conflicts with the Development Code, the Specific Plan will take precedence. Where the Specific Plan is silent on a topic(s), the Development Code will remain in effect. B. Location and Existing Conditions. Refer to the City of Azusa TOD Specific Plan. C. Desired Future and Proposed Changes. Refer to the City of Azusa TOD Specific Plan. D. Site Planning and Building Design. Refer to the City of Azusa TOD Specific Plan. SECTION 4. Figure 2 in Section 88.20.040 of the Azusa Municipal Code is hereby revised and shall be replaced by Exhibit A of this Ordinance. SECTION 5.: That in accordance with Section 88.51.060 of the Azusa Municipal Code, the City Council approves said Code Amendment No. 246 based on the following findings: 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; and The proposed amendment is not a part of any applicable specific plan, development agreement, owner participation agreement or disposition and development agreement. It is, however, consistent with the goals, policies, and objectives of the General Plan below: Chapter 3, Land Use Goal 12: Ensure that the City’s General Plan and Development Code are updated and maintained to increase effectiveness. The proposed Code Cleanup changes will ensure that the Development Code is up-to-date, clear, concise, and effective. The proposed changes include clarifying language to the Development Code that will make it more readable and accessible to the general public. Land Use Policy 12.1: Review the General Plan and the related Development Code, annually, to ensure internal consistency with federal, state, and local regulations and policies. Both documents are reviewed annually to ensure internal consistency with federal, state, and local regulations and policies. Some of the proposed Code Cleanup changes include consistency with the City’s specific plans and other documents. 2. That a proposed zone change will not adversely affect surrounding properties. A zone change is not proposed as a component of this Development Code amendment. Therefore, the proposed Development Code amendment would not adversely affect surrounding properties. SECTION 6. CEQA. This Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Los Angeles in accordance with CEQA Guidelines. SECTION 7. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 213 E. Foothill Blvd., Azusa, CA 917025. The custodian of these records is the City Clerk. SECTION 8. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Azusa hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 9. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption. SECTION 10. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Azusa. PASSED, APPROVED AND ADOPTED by the City Council of the City of Azusa, California, at a regular meeting of the City Council held on the ____ day of ___________________, 20___, by the following vote: AYES: NOES: ABSENT: ABSTAIN: City of Azusa ________________________________ Joseph R. Rocha, Mayor ATTEST: ________________________________ Jeffrey Cornejo, City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER LLP _______________________________ Marco Martinez, City Attorney CERTIFICATION I, Jeffrey Cornejo, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. ____ is the actual Ordinance No. ____ that was introduced at a regular meeting of said City Council on the _____ day of _______________, 20___ and was finally passed and adopted not less than five (5) days thereafter on the ____ day of _____________, 20___ by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Jeffrey Cornejo, City Clerk EXHIBIT “A” REVISED FIGURE 2 OF SECTION 88.20.040 TO REPLACE EXISTING FIGURE 2 OF SAID SECTION [ATTACHED BEHIND THIS PAGE] 6 6 5 9 3 1 2 4 8 4 3 7 18 20 19 18 15 16 17 14 14 13 13 1111 14 14 10a 10b 12a 12b 1. Southwest Neighborhoods2. Southeast Neighborhoods3. Central Neighborhoods4. Central East Neighborhoods5. North Neighborhoods6. Foothill Neighborhoods7. TOD Specific Plan8. University District9. Edgewood District10. West End Industrial Districts 10a. North Portion 10b. South Portion11. Foothill Boulevard Corridor12. Azusa - San Gabriel Avenue Corridors 12a. Azusa Avenue 12b. San Gabriel Avenue13. South Azusa Avenue Corridor14. Arrow Highway Corridor15. Open Space16. Proposed Canyon Area Resort17. Monrovia Nursery Specific Plan18. Azusa Pacific University Specific Plan19. Dhamakaya International Meditation Center Specific Plan20. Parkside Azusa Specific Plan Legend Neighborhood General: Tract Neighborhood General: Transitional Neighborhood General: Traditional Neighborhood Center Corridors Districts Open Space Specific Plans City Limits ´ City of AzusaRegulating Plan