HomeMy WebLinkAboutF-1 Staff Report - Second Reading Code Amendment No. 247 and No. 248SECOND READING ITEM
F-1
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: MATT MARQUEZ, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR
DATE: AUGUST 17, 2020
SUBJECT: SECOND READING FOR DRAFT ORDINANCE FOR CODE AMENDMENT NO.
247 TO AMEND SECTION 88.42.190 OF THE AZUSA MUNICIPAL CODE
RELATING TO ACCESSORY DWELLING UNITS (ADUS) AND JUNIOR
ACCESSORY DWELLING UNITS (JADUS) AND INTRODUCE FIRST READING
OF DRAFT ORDINANCE FOR CODE AMENDMENT NO. 248 TO INTRODUCE A
NEW SECTION (88.51.034) TO THE AZUSA MUNICIPAL CODE RELATING TO
DISCRETIONARY ACCESSORY DWELLING UNIT (ADU) PERMITS
BACKGROUND:
In 2019, the California Legislature approved, and the Governor signed into law a number of bills (“New
ADU Laws”) that, among other things, amended Government Code section 65852.2 and 65852.22 to
impose new limits on local authority to regulate Accessory Dwelling Units (ADUs) and Junior
Accessory Dwelling Units (JADUs). The New ADU Laws took effect January 1, 2020. On December
2, 2019, the City Council approved Urgency Ordinance No. 2019-04 which ensured that the City passed
an urgency ordinance prior to the January 1, 2020 deadline. The proposed changes in the proposed
Code Amendment No. 247 seek to clarify certain aspects of the adopted urgency ordinance. . In
addition, the proposed ordinance would allow for a Discretionary ADU Permit process (Section
88.42.190.H) to provide relief from some of the development standards set forth in the required ADU
Ordinance. As such, Code Amendment No. 248 would provide the residents of Azusa with a
discretionary review process if they want their ADU to go above and beyond the allowable development
standards of Section 88.42.190 of AMC.
On July 8, 2020, the Planning Commission recommended that the City Council adopt a Draft Ordinance
to approve Code Amendment No. 247 and 248 with recommended changes. On July 20, 2020, the City
Council approved the reading of draft Ordinances for Code Amendments No. 247 and 248.
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
APPROVED
CITY COUNCIL
8/17/2020
Code Amendment No. 247 and Code Amendment No. 248 – Second Reading of Draft Ordinances
August 17, 2020
Page 2 of 2
2) Adopt Ordinance No. 2020-05 for Code Amendment No. 247:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA
APPROVING CODE AMENDMENT NO. 247 AMENDING CHAPTER 88.42.190 OF
THE CITY OF AZUSA MUNICIPAL CODE RELATING TO ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE
ORDINANCE TO BE EXEMPT FROM CEQA
3) Adopt Ordinance No. 2020-06 for Code Amendment No. 248:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA
APPROVING CODE AMENDMENT NO. 248 INTRODUCTING CHAPTER 88.51.034
OF THE CITY OF AZUSA MUNICIPAL CODE RELATING TO A DISCRETIONARY
ACCESSORY DWELLING UNIT PERMIT PROCESS FOR ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE
ORDINANCE TO BE EXEMPT FROM CEQA
ANALYSIS:
Attached to this Staff Report are the draft Ordinances for Code Amendments No. 247 and 248. If no
further revisions to the Ordinances are required, City Council can move to adopt Ordinance No. 2020-05
and Ordinance No. 2020-06.
FISCAL IMPACT:
There is no fiscal impact associated with adopting the attached Ordinances.
Prepared by: Reviewed by:
Robert (Dean) Flores Manuel Muñoz
Assistant Planner Planning Manager
Reviewed by: Reviewed and Approved by:
Matt Marquez Sergio Gonzalez
Director of Economic and Community Development City Manager
Attachments:
1) Draft Ordinance No. 2020-05
2) Draft Ordinance No. 2020-06
ORDINANCE NO. 2020-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AZUSA, CALIFORNIA APPROVING CODE
AMENDMENT NO. 247 AMENDING CHAPTER 88.42.190
OF THE CITY OF AZUSA MUNICIPAL CODE RELATING
TO ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS AND DETERMINING
THE ORDINANCE TO BE EXEMPT FROM CEQA
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, the Planning and Zoning Law authorizes cities to act by ordinance to
provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior
accessory dwelling units (“JADUs”); and
WHEREAS, in 2019, the California Legislature approved, and the Governor
signed into law a number of bills (“New ADU Laws”) that, among other things, amended
Government Code section 65852.2 and 65852.22 to impose new limits on local
authority to regulate ADUs and JADUs; and
WHEREAS, the City desires to amend its local regulatory scheme for the
construction of ADUs and JADUs to comply with the amended provisions of
Government Code sections 65852.2 and 65852.22; and
WHEREAS, on December 2, 2019, the City Council of the City of Azusa adopted
Urgency Ordinance No. 2019-04 which amended Section 88.42.190 of the Azusa
Municipal Code, relating to ADUs and JADUs, consistent with Government Code
sections 65852.2 and 6582.22; and
WHEREAS, the City seeks to further amend Section 88.42.190 of the Azusa
Municipal Code to clarify the standards and procedures set forth in Urgency Ordinance
No. 2019-04.
WHEREAS, on April 22, 2020, the Planning Commission of the City of Azusa
recommended that the City Council approve a Draft Ordinance for Code Amendment
No. 248.
WHEREAS, on June 15, 2020, the City received a letter from the non-profit
organization Californians for Homeownership that recommended edits to the Draft
Ordinance so the City Council item was continued to allow staff time to review the
concerns raised by the letter and to recommend revisions to the revise the Ordinance if
appropriate.
Attachment 1
WHEREAS, on July 8, 2020, the Planning Commission of the City of Azusa
recommended that the City Council approve a Draft Ordinance for Code Amendment
No. 247.
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. Under California Public Resources Code section 21080.17, the
California Environmental Quality Act (“CEQA”) does not apply to the adoption of an
ordinance by a city or county implementing the provisions of section 65852.2 of the
Government Code, which is California’s ADU law and which also regulates JADUs, as
defined by section 65852.22. Therefore, the proposed ordinance is statutorily exempt
from CEQA in that the proposed ordinance implements the State’s ADU law.
In addition to being statutorily exempt from CEQA, the proposed ordinance is
also categorically exempt from CEQA under the Class 3 exemption set forth in State
CEQA Guidelines section 15303. The Class 3 exemption categorically exempts from
CEQA, among other things, the construction and location of new, small structures and
the conversion of existing small structures from one use to another. Section 15303
specifically lists the construction of appurtenant accessory structures and garages as
examples of activity that expressly falls within this exemption. Here, the ordinance is
categorically exempt under the Class 3 exemption because the ordinance regulates the
conversion of existing structures into, and the new construction of, ADUs and JADUs,
which are, by definition, structures that are accessory to a primary dwelling on the lot.
Moreover, the City Council finds that none of the “exceptions” to the use of the Class 3
exemption, set forth in State CEQA Guidelines section 15300.2, apply here. Specifically,
the City Council finds that the ordinance will:
1. Not result in the construction of ADUs or JADUs within a particularly sensitive
environment because these accessory structures will necessarily be built on a lot
already developed with a primary dwelling;
2. Not result in a potentially significant cumulative impact;
3. Not result in a reasonable possibility that the activity will have a significant effect
on the environment due to unusual circumstances;
4. Not result in damage to scenic resources, including but not limited to, trees,
historic buildings, rock outcroppings, or similar resources, within a highway
officially designated as a state scenic highway. No residential properties are
located adjacent to a state scenic highway;
5. Not be located on a hazardous waste site included on any list compiled pursuant
to § 65962.5 of the Government Code. No property zoned residential is located
on a hazardous waste site; or
6. Not result in a substantial adverse change in the significance of a historical
resource. Historical resources are subject to separate permitting process with
the Planning Division.
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 3. Chapter 88.42.190 of the Azusa Municipal Code is hereby
amended and restated to read as follow:
Chapter 88.42.190 – Accessory Dwelling Units
A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units
(ADUs) and junior accessory dwelling units (JADUs) in compliance with California
Government Code sections 65852.2 and 65852.22.
B. Effect of Conforming. An ADU or JADU that conforms to the standards in this section
will not be:
1. Deemed to be inconsistent with the city’s general plan and zoning designation for
the lot on which the ADU or JADU is located.
2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is
located.
3. Considered in the application of any local ordinance, policy, or program to limit
residential growth.
4. Required to correct a nonconforming zoning condition, as defined in subsection
C.7 below. This does not prevent the City from enforcing compliance with
applicable building standards in accordance with Health and Safety Code section
17980.12.
C. Definitions. As used in this section, terms are defined as follows:
1. “Accessory dwelling unit” or “ADU” means an attached or a detached residential
dwelling unit that provides complete independent living facilities for one or more
persons and is located on a lot with a proposed or existing primary residence. An
accessory dwelling unit also includes the following:
a. An efficiency unit, as defined by Section 17958.1 of the California Health
and Safety Code; and
b. A manufactured home, as defined by Section 18007 of the California
Health and Safety Code.
2. “Accessory structure” means a structure that is accessory and incidental to a
dwelling located on the same lot.
3. “Complete independent living facilities” means permanent provisions for living,
sleeping, eating, cooking, and sanitation on the same parcel as the single-family
or multifamily dwelling is or will be situated.
4. “Efficiency kitchen” means a kitchen that includes each of the following:
a. A cooking facility with appliances.
b. A food preparation counter or counters that total at least 15 square feet in
area.
c. Food storage cabinets that total at least 30 square feet of shelf space.
5. “Junior accessory dwelling unit” or “JADU” means a residential unit that
a. is no more than 500 square feet in size,
b. is contained entirely within an existing or proposed single-family
structure,
c. includes its own separate sanitation facilities or shares sanitation facilities
with the existing or proposed single-family structure, and
d. includes an efficiency kitchen, as defined in subsection C.4 above.
6. “Living area” means the interior habitable area of a dwelling unit, including
basements and attics, but does not include a garage or any accessory structure.
7. “Nonconforming zoning condition” means a physical improvement on a property
that does not conform with current zoning standards.
8. “Passageway” means a pathway that is unobstructed clear to the sky and extends
from a street to one entrance of the ADU or JADU.
9. “Proposed dwelling” means a dwelling that is the subject of a permit application
and that meets the requirements for permitting.
10. “Public transit” means a location, including, but not limited to, a bus stop or train
station, where the public may access buses, trains, subways, and other forms of
transportation that charge set fares, run on fixed routes, and are available to the
public.
11. “Tandem parking” means that two or more automobiles are parked on a driveway
or in any other location on a lot, lined up behind one another.
D. Approvals. The following approvals apply to ADUs and JADUs under this section:
1. Building-permit Only. If an ADU or JADU complies with each of the general
requirements in subsection E below, it is allowed with only a building permit in
the following scenarios:
a. Converted on a Lot with Proposed or Existing Single-Family
Dwelling: Only one ADU or JADU on a lot with a proposed or existing
single-family dwelling on it, where the ADU or JADU:
i. Is either: within the space of a proposed single-family dwelling;
within the existing space of an existing single-family dwelling; or
within the existing space of an accessory structure, plus up to 150
additional square feet if the expansion is limited to accommodating
ingress and egress.
ii. Has exterior access that is independent of that for the single-family
dwelling.
iii. Has side and rear setbacks sufficient for fire and safety, as dictated
by applicable building and fire codes.
b. Limited Detached on a Lot with Proposed or Existing Single-Family
Dwelling: One detached, new-construction ADU on a lot with a proposed
or existing single-family dwelling (in addition to any JADU that might
otherwise be established on the lot under subsection D.1.a above), if the
detached ADU satisfies the following limitations:
i. The side- and rear-yard setbacks are at least four-feet.
ii. The total floor area is 800 square feet or smaller.
iii. The peak height above grade is 16 feet or less.
c. Converted on a Lot with Existing Multi-Family Dwelling: Multiple
ADUs within portions of existing multifamily dwelling structures that are
not used as livable space, including but not limited to storage rooms,
boiler rooms, passageways, attics, basements, or garages, if each
converted ADU complies with state building standards for dwellings. At
least one converted ADU is allowed within an existing multifamily
dwelling structure, up to a quantity equal to 25 percent of the existing
multifamily dwelling units, under this paragraph.
d. Limited Detached on a Dot with Existing Multi-Family Dwelling: No
more than two detached ADUs on a lot that has an existing multifamily
dwelling if each detached ADU satisfies the following limitations:
i. The side- and rear-yard setbacks are at least four-feet.
ii. The peak height above grade is 16 feet or less.
2. ADU Over-the-Counter Permit.
a. Except as allowed under subsection D.1 above, no ADU may be created
without a building permit and an ADU Over-the-Counter (OTC) permit in
compliance with the standards set forth in subsections E and F below.
b. The City may charge a fee to reimburse it for costs incurred in processing
ADU OTC permits, including the costs of adopting or amending the City’s
ADU ordinance. The ADU OTC-permit processing fee is approved by the
City Council by resolution.
3. Process and Timing.
a. An ADU permit is considered and approved ministerially, without
discretionary review or a hearing.
b. The City must act on an application to create an ADU or JADU within 60
days from the date that the City receives a completed application, unless
either:
i. The applicant requests a delay, in which case the 60-day time
period is tolled for the period of the requested delay, or
ii. In the case of a JADU and the application to create a junior
accessory dwelling unit is submitted with a permit application to
create a new single-family dwelling on the lot, the City may delay
acting on the permit application for the JADU until the City acts on
the permit application to create the new single-family dwelling, but
the application to create the JADU will still be considered
ministerially without discretionary review or a hearing.
E. General ADU and JADU Requirements. The following requirements apply to all
ADUs and JADUs that are approved under subsections D.1 or D.2 above:
1. Zoning.
a. An ADU or JADU subject only to a building permit under subsection D.1
above may be created on a lot in a residential zone.
b. An ADU or JADU subject to an ADU permit under subsection D.2 above
may be created on a lot that is zoned to allow single-family dwelling
residential use or multifamily dwelling residential use.
2. Fire Sprinklers. Fire sprinklers are required in an ADU if sprinklers are required
in the primary residence.
3. Rental Term. An ADU or JADU may be rented but no ADU or JADU may be
rented for a term that is shorter than 30 days. The property owner must obtain a
business license and rental registration from the Community Improvement
Division and renew them annually.
4. No Separate Conveyance. An ADU or JADU may be rented, but no ADU or
JADU may be sold or otherwise conveyed separately from the lot and the primary
dwelling (in the case of a single-family lot) or from the lot and all of the dwellings
(in the case of a multifamily lot).
5. Septic System. If the ADU or JADU will connect to an onsite water-treatment
system, the owner must include with the application a percolation test completed
within the last five years or, if the percolation test has been recertified, within the
last 10 years.
6. Owner Occupancy. All JADUs are subject to an owner-occupancy requirement.
A natural person with legal or equitable title to the property must reside on the
property, in either the primary dwelling or JADU, as the person’s legal domicile
and permanent residence. However, the owner-occupancy requirement of this
paragraph does not apply if the property is entirely owned by another
governmental agency, land trust, or housing organization.
7. Deed Restriction. Prior to issuance of certificate of occupancy for an ADU or
JADU, a deed restriction must be recorded against the title of the property in the
County Recorder’s office and a copy filed with the Director of Economic and
Community Development. The deed restriction must run with the land and bind
all future owners. The form of the deed restriction will be provided by the City
and must provide that:
a. The ADU or JADU may not be sold separately from the primary dwelling.
b. The ADU or JADU is restricted to the approved size and to other
attributes allowed by this section.
c. The deed restriction runs with the land and may be enforced against future
property owners.
d. The deed restriction may be removed if the owner eliminates the ADU or
JADU, as evidenced by, for example, removal of the kitchen facilities. To
remove the deed restriction, an owner may make a written request of the
Director of Economic and Community Development, providing evidence
that the ADU or JADU has in fact been eliminated. The Director may then
determine whether the evidence supports the claim that the ADU or JADU
has been eliminated. Appeal may be taken from the Director’s
determination consistent with other provisions of this Code. If the ADU or
JADU is not entirely physically removed, but is only eliminated by virtue
of having a necessary component of an ADU or JADU removed, the
remaining structure and improvements must otherwise comply with
applicable provisions of this Code.
e. The deed restriction is enforceable by the Director or his or her designee
for the benefit of the City. Failure of the property owner to comply with
the deed restriction may result in legal action against the property owner,
and the City is authorized to obtain any remedy available to it at law or
equity, including, but not limited to, obtaining an injunction enjoining the
use of the ADU or JADU in violation of the recorded restrictions or
abatement of the illegal unit.
F. Specific ADU Requirements. The following requirements apply only to ADUs that
require an ADU permit under subsection D.2 above.
1. Maximum Size.
a. The maximum size of a detached or attached ADU subject to this
subsection F is 850 square feet for a studio or one bedroom unit and 1,000
square feet for a unit with two bedrooms. No more than two bedrooms are
allowed.
b. An attached ADU that is created on a lot with an existing primary
dwelling is further limited to 50 percent of the floor area of the existing
primary dwelling.
c. Application of other development standards in this subsection F, such as
FAR or lot coverage, might further limit the size of the ADU, but no
application of a percentage-based maximum floor area (i.e., under
subsection F.1.b above), or of an FAR, lot coverage, or open-space
requirement may require the ADU to be less than 800 square feet.
2. Lot Coverage. No ADU subject to this subsection F may cause the total lot
coverage of the lot to exceed 50 percent, subject to subsection F.1.c above.
3. Setbacks.
a. Each ADU that is subject to this subsection F is subject to a 25-foot front
setback.
b. Each ADU that is subject to this subsection F is subject to four-foot side
and rear setbacks.
c. No setback is required for an ADU that is subject to this subsection F if
the ADU is constructed in the same location and to the same dimensions
as an existing structure.
4. Height. No ADU subject to this subsection F may exceed 16 feet in height above
grade, measured to the peak of the structure.
5. Passageway. No passageway, as defined by subsection C.8 above, is required for
an ADU.
6. Parking.
a. Generally. One off-street parking space is required for each ADU. The
parking space may be provided in setback areas or as tandem parking, as
defined by subsection C.11 above.
b. Exceptions. No parking under subsection F.6.a is required in the following
situations:
i. The ADU is located within one-half mile walking distance of
public transit, as defined in subsection C.10 above.
ii. The ADU is located within an architecturally and historically
significant historic district.
iii. The ADU is part of the proposed or existing primary residence or
an accessory structure under subsection D.1.a above.
iv. When on-street parking permits are required but not offered to the
occupant of the ADU.
v. When there is an established car share vehicle stop located within
one block of the ADU.
c. No Replacement. When a garage, carport, or covered parking structure is
demolished in conjunction with the construction of an ADU or converted
to an ADU, those off-street parking spaces are not required to be replaced.
7. Objective Site Design and Architectural Requirements.
a. Same in Appearance – To ensure that site design and architectural
character of the ADU are compatible with those of the primary dwelling
through the use of purely objective standards, the materials and colors of
the exterior walls, roof, and windows and doors must match the
appearance and architectural design of those of the primary dwelling, and
the roof slope must match that of the dominant roof slope of the primary
dwelling. The dominant roof slope is the slope shared by the largest
portion of the roof.
b. Separate Entrance – The ADU must have an independent exterior
entrance, apart from that of the primary dwelling. The ADU entrance must
be located on the side or rear building façade, not facing a public-right-of-
way.
c. Minimum Dimensions – The interior horizontal dimensions of an ADU
must be at least 10 feet wide in every direction, with a minimum interior
wall height of seven feet.
d. Privacy – An ADU within 15 feet of a residential unit on the same parcel
or on an adjacent parcel may not have windows that directly face windows
in other unit at a 90-degree angle.
e. Fire and Public Safety – The ADU or JADU address and location must be
identified by either an address plaque or by other signage that is clearly
legible from the public right of way. The plaque or other signage must be
clearly indicated on a site plan submitted with the building-permit
application. The site plan must also show how the ADU or JADU will be
accessed by fire and safety personnel. Alternatively, instead of an address
plaque or signage, the applicant may elect to provide a paved walkway
visible from the public right of way that leads to the ADU or JADU.
f. Main Entrance Architectural Enhancements – Architectural enhancements
are required for main entrances of attached and detached ADUs.
“Architectural enhancements” means the inclusion of at least two of the
following elements: architectural lighting, a covered patio or porch, an
overhang, architectural projections, and enhanced building materials such
as stone veneer, brick veneer, wood siding, PVC siding, decorative trim
work, and window shutters.
8. Landscape Requirements.
a. Evergreen landscape screening must be planted and maintained between
the ADU and adjacent parcels as follows:
i. At least one 15-gallon size tree shall be provided at a ratio of 1 tree
for every proposed dwelling unit.
ii. Plant specimens must be at least six feet tall when installed. As an
alternative, a solid fence of at least 6 feet in height may be
installed.
b. All landscaping must be drought-tolerant.
9. Historical Protections. The architectural treatment of an ADU to be constructed
on a lot that has an identified historical resource listed on the federal, state, or
local register of historic places must comply with all applicable ministerial
requirements imposed by the Secretar y of Interior.
G. Fees.
1. Impact Fees.
a. No impact fee is required for an ADU or JADU that is less than 750
square feet in size.
b. Any impact fee that is required for an ADU that is 750 square feet or
larger in size must be charged proportionately in relation to the square
footage of the primary dwelling unit. (E.g., the floor area of the ADU,
divided by the floor area of the primary dwelling unit, times the typical fee
amount charged for a new dwelling.) “Impact fee” here does not include
any connection fee or capacity charge for water or sewer service.
2. Utility Connection and Connection Fees.
a. If an ADU or JADU is constructed with a new single-family home, a
separate utility connection directly between the ADU or JADU and the
utility and payment of the normal connection fee and capacity charge for a
new dwelling are required.
b. Except as set forth in subsection G.2.a above, a converted ADU or JADU
on a lot with a single-family home, created under subsection D.1.a above,
is not required to have a new or separate utility connection directly
between the ADU or JADU and the utility. Nor is a connection fee or
capacity charge required.
c. Except as set forth in subsections G.2.a and G.2.b above, an ADU or
JADU requires a new, separate utility connection directly between the
ADU or JADU and the public utility. For water service, this includes
separate water service and meter directly from the public water system in
compliance with Azusa Light and Water specifications and requirements.
The property owner must size the separate service and meter to meet the
water needs of the proposed ADU or JADU. The connection is subject to a
connection fee or capacity charge that is proportionate to the burden
created by the ADU or JADU, based on either the relative floor areas or
drainage fixture unit (DFU) values, as defined by the Uniform Plumbing
Code, of the ADU or JADU and the primary dwelling.
H. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that
does not conform to the objective standards set forth in subsections A through G.2 of this
section may be allowed by the City with a discretionary permit, in accordance with
Section 88.51.034 of this title.
SECTION 4.: That in accordance with Section 88.51.060 of the Azusa Municipal
Code, the City Council approves said Code Amendment No. 247 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 Amendment will ensure that the City’s ADU Ordinance up-to-
date with current guidelines which will increase effectiveness by creating a more
streamlined process for ADUs and JADUs.
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.
The proposed Code Amendment will ensure that the ADU Ordinance is consistent
with the most recent state mandates.
Housing Policy 1.1:
Provide a range of residential development types in Azusa, including low density
single-family homes, moderate density townhomes, higher density apartments
and condominiums, and residential/commercial mixed-use in order to address the
City’s share of regional housing needs.
In updating the City’s ADU and JADU Ordinance in consistency with state law, the
City will address its share of regional housing needs by providing a process to
allow the development of more ADUs and JADUs.
Housing Policy 3.3:
Continue to allow second residential units on single-family parcels as a means of
providing additional infill housing opportunities.
The update to the ADU/JADU Ordinance will allow the City’s residents to provide
additional infill housing opportunities.
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 5. 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 6. 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 7. Effective Date. This Ordinance shall become effective thirty (30)
days following its adoption.
SECTION 8. 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
________________________________
Robert Gonzales, 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
ORDINANCE NO. 2020-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AZUSA, CALIFORNIA APPROVING CODE
AMENDMENT NO. 248 INTRODUCING CHAPTER
88.51.034 OF THE CITY OF AZUSA MUNICIPAL CODE
RELATING TO A DISCRETIONARY ACCESSORY
DWELLING UNIT PERMIT PROCESS FOR ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS AND DETERMINING THE ORDINANCE
TO BE EXEMPT FROM CEQA
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, the Planning and Zoning Law authorizes cities to act by ordinance to
provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior
accessory dwelling units (“JADUs”); and
WHEREAS, in 2019, the California Legislature approved, and the Governor
signed into law a number of bills (“New ADU Laws”) that, among other things, amended
Government Code section 65852.2 and 65852.22 to impose new limits on local
authority to regulate ADUs and JADUs; and
WHEREAS, the City desires to amend its local regulatory scheme for the
construction of ADUs and JADUs to comply with the amended provisions of
Government Code sections 65852.2 and 65852.22; and
WHEREAS, on December 2, 2019, the City Council of the City of Azusa adopted
Urgency Ordinance No. 2019-04 which amended Section 88.42.190 of the Azusa
Municipal Code, relating to ADUs and JADUs, consistent with Government Code
sections 65852.2 and 6582.22; and
WHEREAS, the City seeks to further amend Section 88.42.190 of the Azusa
Municipal Code to clarify the standards and procedures set forth in Urgency Ordinance
No. 2019-04.
WHEREAS, the City seeks to create a discretionary ADU Permit process as
allowed by Section 88.42.190 of the Azusa Municipal Code for ADUs and JADUs that
do not conform to the objective standards set forth in Section 88.42.190.
HEREAS, on July 8, 2020, the Planning Commission of the City of Azusa
recommended that the City Council approve a Draft Ordinance for Code Amendment
No. 248.
Attachment 1
Page 2 of 8
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 proposed ordinance is also categorically exempt from the
California Environmental Quality Act (“CEQA”) under the Class 3 exemption set forth in
State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts
from CEQA, among other things, the construction and location of new, small structures
and the conversion of existing small structures from one use to another. Section 15303
specifically lists the construction of appurtenant accessory structures and garages as
examples of activity that expressly falls within this exemption. Here, the ordinance is
categorically exempt under the Class 3 exemption because the ordinance regulates the
conversion of existing structures into, and the new construction of, ADUs and JADUs,
which are, by definition, structures that are accessory to a primary dwelling on the lot.
Moreover, the City Council finds that none of the “exceptions” to the use of the Class 3
exemption, set forth in State CEQA Guidelines section 15300.2, apply here. Specifically,
the City Council finds that the ordinance will:
1. Not result in the construction of ADUs or JADUs within a particularly sensitive
environment because these accessory structures will necessarily be built on a lot
already developed with a primary dwelling;
2. Not result in a potentially significant cumulative impact;
3. Not result in a reasonable possibility that the activity will have a significant effect
on the environment due to unusual circumstances;
4. Not result in damage to scenic resources, including but not limited to, trees,
historic buildings, rock outcroppings, or similar resources, within a highway
officially designated as a state scenic highway. No residential properties are
located adjacent to a state scenic highway;
5. Not be located on a hazardous waste site included on any list compiled pursuant
to § 65962.5 of the Government Code. No property zoned residential is located
on a hazardous waste site; or
6. Not result in a substantial adverse change in the significance of a historical
resource. Historical resources are subject to separate permitting process with
the Planning Division.
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 3. Chapter 88.51.034 of the Azusa Municipal Code is hereby
introduced and stated as provided below:
Chapter 88.51.034 – Discretionary Permit for Accessory Dwelling Unit That
Does Not Qualify for Ministerial Approval
Page 3 of 8
A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units
(ADUs) that do not qualify for ministerial approval under the objective standards that are
set forth in Section 88.42.190 (Accessory Dwelling Units).
B. Review Authority. A discretionary permit under this section shall be approved or denied
by the director.
C. Application Filing and Processing. An application for a discretionary permit under this
section shall be prepared, filed, and processed in compliance with Chapter 88.50
(Planning Permit Filing and Processing). It is the responsibility of the applicant to
provide evidence in support of the findings required by subsection E below.
1. Each application shall be reviewed by the director to ensure that the proposal
complies with all applicable requirements of this Development Code. No public
hearing is required for the director to approve or deny an application.
2. Applications for a discretionary permit under this section must be submitted to the
Planning Division on a form and with information and materials as required by
the director. The applications shall include, at a minimum:
a. Site Plan (drawn to scale). Dimension the perimeter of the parcel on
which the accessory dwelling unit will be located. Indicate the location
and dimensioned setbacks, and dimensions of all existing and proposed
structures on the site. Provide dimensions of all easements, rights-of-way,
building envelopes, parking, and paved areas.
b. Floor Plan. Complete floor plans of both existing and proposed
conditions. Each room shall be dimensioned and resulting floor area
calculation included. The use of each room shall be labeled. The size and
location of all doors, closets, walls, and cooking facilities shall be clearly
depicted.
c. Elevations. North, south, east, and west elevations that show all exterior
structure dimensions, all architectural projections, and all openings for
both the existing residence and the proposed dwelling unit.
3. The Director may collect a fee for processing the application, provided such fee is
approved by resolution or ordinance of the City Council and does not exceed the
cost of processing the application.
4. For applications for a two-story ADU in neighborhoods where the majority of the
existing dwellings are single-story, the director may approve or deny a
discretionary ADU Permit application only after notifying property owners within
300 feet of the subject property.
a. Content of Public Notice. The notice shall be an informational notice
stating that the director will decide whether to approve or deny the
application on the date specified in the notice, and that a resident residing
Page 4 of 8
within the 300-foot radius of the subject property may contact the director
if they have any questions or concerns regarding the project.
D. Standards. An ADU that is approved under this section must meet all of the
requirements set forth in Section 88.42.190 (Accessory Dwelling Units) except as
indicated below:
1. Maximum Size. The maximum size of a detached ADU is 1,000 square feet for a
studio or one bedroom unit and 1,200 square feet for a unit with two bedrooms.
The maximum size of an attached ADU shall not be more than 50% of the
primary dwelling not to exceed 1,000 square feet for a studio or one bedroom unit
and 1,200 square feet for a unit with two bedrooms. No more than two bedrooms
are allowed.
2. Setbacks. An ADU approved under this section must meet the following
setbacks:
a. Front Setback – Standards of the applicable zoning district.
b. Side Setback – Five (5) feet from the side lot line.
c. Side Street Setback – Ten (10) feet from the side lot line of the street.
d. Rear Setback – Ten (10) feet from the rear lot line.
e. A minimum setback of five (5) feet shall be required from the side and
rear lot lines for an ADU that is constructed above a legally established
existing garage or other detached accessory structure.
3. Height. An ADU approved under this section may not exceed 2 and one-half
stories or 35 feet, whichever is less.
4. Passageway. A passageway, as defined in Section 88.42.190, is required.
E. Findings and Decision.
1. If an application for a discretionary permit under this section is filed with an
application for another discretionary approval for the project (e.g., Design
Review, minor use permit, minor variance, zoning clearance), the director shall
approve or deny the application under this section concurrently with the review
authority’s decision regarding the other discretionary approval or approvals.
2. To approve a discretionary permit under this section, the director must find that
the project, as proposed or as modified by conditions of approval:
a. Is consistent with the requirements set forth in Section 88.42.190.E–F and
88.51.034.D above;
Page 5 of 8
b. Provides attractive and desirable site layout and design, including, but not
limited to, building arrangement, exterior appearance and setbacks,
drainage, fences and walls, grading, landscaping, lighting, signs, etc.;
c. Provides efficient and safe public access, circulation, and parking;
d. Provides appropriate open space and landscaping, including the use of
water-efficient landscaping;
e. Is consistent with the general plan and with any applicable specific plan,
development agreement, and previously approved planning permit; and
f. Complies with all applicable requirements of this Development Code, and
all other applicable city design standards, guidelines, and policies.
F. Conditions of Approval. The director may impose any reasonable condition of approval
to ensure that the project will comply with the findings required by subsection E above.
G. Post Approval Procedures. The procedures and requirements in Chapter 88.52 (Permit
Implementation, Time Limits, and Extensions), and those related to appeals and
revocation in Chapter 88.56 (Appeals), apply to an application and decision under this
section.
SECTION 4.: That in accordance with Section 88.51.060 of the Azusa Municipal
Code, the City Council approves said Code Amendment No. 248 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 Amendment will ensure that the City’s ADU Ordinance up-to-
date with current guidelines and also creates a discretionary approval process for
those ADUs which go above and beyond the minimum requirements set forth by
state mandates.
Page 6 of 8
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.
The proposed Code Amendment will be consistent with state mandates by
providing a discretionary process allowed in the ADU Ordinance.
Housing Policy 1.1:
Provide a range of residential development types in Azusa, including low density
single-family homes, moderate density townhomes, higher density apartments
and condominiums, and residential/commercial mixed-use in order to address the
City’s share of regional housing needs.
By providing a separate discretionary ADU Permit process, it allows the residents
a greater opportunity in housing choices regarding ADUs and JADUs.
Housing Policy 3.3:
Continue to allow second residential units on single-family parcels as a means of
providing additional infill housing opportunities.
The discretionary ADU Permit process will allow additional infill housing
opportunities that would normally be limited under the required ADU Ordinance.
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 5. 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 6. 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.
Page 7 of 8
SECTION 7. Effective Date. This Ordinance shall become effective thirty (30)
days following its adoption.
SECTION 8. 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
________________________________
Robert Gonzales, Mayor
ATTEST:
________________________________
Jeffrey Cornejo, City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
_______________________________
Marco Martinez, City Attorney
Page 8 of 8
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