HomeMy WebLinkAboutOrdinance No. 2020-06ORDINANCE 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.
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
A. Purpose. The purpose of this section is to allow and regulate accessary 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).
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_uermit 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 a,}27lica<nt to
provide evidence in support of the findings required by subsection E below.
Each application shall be reviewed by the director to ensure that the proposal
complies with all Applicable requirements of this Development Code. No public
hearingis for fhe director to approve or deny an application.
2. Applications for a discretionary permit under this section must be submitted to the
PlanningDiyision 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 -ways
building envelopes, parking and paved areas.
b. Floor Plan. Complete floor Hatis 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 clear)
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.
The Director may collect a fee for processingthe he application, provided such fee is
approved by resolution or ordinance of the City Council and does not exceed the
cost of processing the application.
For applications for a two-story ADU in neighborhoods where the majority of the
existimz dwellings are single -story, the director ma approve or den a
d_iscretionaiy 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
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:
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.
Height. An ADU approved under this section may not exceed 2 and one-half
stories or 35 feet, whichever is teas.
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;
b. Provides attractive and desirable site layout and desi m 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.
Land Use Policy 1 2.1:
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. I:
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.
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 this 17t" day of August, 2020.
Robert Go tales, Mayor
ATTEST:
r
Jc e wr ornej o, Jr.
ity Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Ordinance No. 2020-06, was duly introduced
and placed upon first reading at a regular meeting of the Azusa City Council on the 20th day of
July, 2020 and that thereafter, said Ordinance No. 2020-06 was duly adopted and passed at a
regular meeting of the Azusa City Council on the 171h day of August, 2020 by the following
vote:
AYES: COUNCILMEMBERS: GONZALES, MACIAS, ALVAREZ, AVILA, MENDEZ
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
00
J r aw e Cornejo, Jr.
City Clerk
APPROVED AS TO FORM:
fty- 0,
Best, kest & Kriege LLP
City Attorney