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Home My WebLink AboutF-1 Staff Report - 2nd Reading Ordinance Housing Element Code AmendmentsSECOND READING ORDINANCES F-1 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: JOSE D. JIMENEZ, DIRECTOR OF ECONOMIC AND COMMUNITY DEVELOPMENT DATE: OCTOBER 2, 2023 SUBJECT: SECOND READING AND ADOPTION OF AN ORDINANCE OF THE AZUSA CITY COUNCIL TO AMEND SECTIONS 88.22.065, 88.24.005, 88.26.005, 88.42.200, 88.36.050 (NUMBER OF PARKING SPACES REQUIRED,) 88.26.010, 88.26.020, 88.30.014, 88.42.140, AND 88.36.050 OF THE AZUSA MUNICIPAL CODE, AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. THE AMENDMENTS ARE NEEDED IN ORDER TO IMPLEMENT HOUSING PROGRAMS H3-3, H4-4, H4- 5, AND H4-6 AS REQUIRED BY THE CITY'S ADOPTED HOUSING ELEMENT. BACKGROUND: The Housing Element is a mandatory General Plan element. It identifies ways in which the housing needs of existing and future residents can be met. State law requires that all cities adopt a Housing Element and describes in detail the necessary contents of the Housing Element. The City of Azusa City Council adopted an updated Housing Element on June 19, 2023 following an extensive review by the California Department of Housing and Community Development (HCD). On July 27, 2023, the City received a letter from the confirming that the City’s Housing Element is in compliance with applicable state law. A large part of the Housing Element is the housing plan which is written to address the identified housing needs, including housing goals, policies and programs. This group of amendments is the first of several that will implement some of the goals, policies and program of the City’s Housing Plan. The Planning Commission considered these amendments on August 23, 2023, and adopted PC Resolution 2023 PC – 12 recommending that the City Council adopt an ordinance amending the relevant sections of the Azusa Municipal Code. Approved City Council October 2, 2023 Second Reading – Housing Element Implementation Code Amendments October 2, 2023 Page 2 On September 18, 2023, the City Council conducted a First Reading of the proposed ordinance. RECOMMENDATIONS: Staff recommends that the City Council take the following actions: 1) Adopt Ordinance No. 2023-04 of the City Council of the City of Azusa amending sections 88.22.065 (Allowable Uses in Neighborhoods,) 88.24.005 (Allowable Uses in Districts,) 88.26.005 (Allowable Uses in Corridors,) 88.42.200 (Senior Citizen Apartments,) 88.36.050 (Number of Parking Spaces Required,) 88.26.010 (Foothill Boulevard Corridor,) 88.26.020 (Azusa/San Gabriel Avenue Corridors,) 88.30.014 (Dwelling Unit Minimum Floor area,) 88.42.140 (Multi-Family and Small Lot Single-Family Projects) and 88.36.050 (Number of Parking Spaces Required) of the Azusa Municipal Code, and determining the ordinance to be exempt from the California Environmental Quality Act. ANALYSIS: In accordance with Section 88.51.060 of the Azusa Municipal code, the following findings shall be made in order for a code amendment to be adopted. The analysis under the first finding includes the proposed changes. Changes within the code can be found in Exhibit A of Attachment 1, the Ordinance. 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 amendments are in fact to implement some of the programs, goals, and objectives of the recently adopted Housing Element, thus consistent with the general plan. The overarching theme of all the amendments included in the proposed Ordinance is to encourage a variety of housing development, encourage senior housing, minimize the impact of governmental constraints on housing production and streamline the development process. 2. That a proposed zone change will not adversely affect surrounding properties. The proposed Development Code Amendment, implementing Programs H3-3, H4-4, H4-5, and H4-6 of the Housing Element, will not adversely affect surrounding properties. Design Review will still be utilized to process projects affected by the proposed amendments, ensuring contextual and appropriate development. The proposed Development Code Amendments will not result in a change to the City of Azusa’s General Plan Land-use map or the Zoning Map. Therefore, the proposed changes will not adversely affect surrounding properties. ENVIRONMENTAL DETERMINATION: The proposed amendments are exempt from review under the California Environmental Quality Act (“CEQA”) (California Public Resources Code Section 21000 et seq.), Section 15061(b)(3) and are outside the definition of a “project” under Section 15378 of the CEQA Guidelines and Section 21065 of the Public Resources Code. Due to the nature of the code amendment being considered, the amendment has no potential for resulting in either a direct or reasonably foreseeable indirect change in the environment. Second Reading – Housing Element Implementation Code Amendments October 2, 2023 Page 3 FISCAL IMPACT: This Ordinance will not have a fiscal impact. Prepared by: Reviewed by: Knarik Vizcarra Jose D. Jimenez Planning Manager Director of Economic and Community Development Fiscal Review by: Reviewed and Approved by: Talika M. Johnson Sergio Gonzalez Director of Administrative Services City Manager Attachments: 1) Ordinance No. 2023-04 Exhibit A – Code Amendments Created: 2022-11-17 21:11:23 [EST] (Supp. No. 67) Page 1 of 9 EXHIBIT A NOTE: The code sections below are not shown in their entirety; only portions of the sections affected by the proposed amendment are shown. The additions are underlined and the deletions are denoted by a strikethrough font. 88.22.065. Allowable Uses in Neighborhoods. 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 88.51.020). These are shown as "P" uses in the tables; 2. Allowed subject to the approval of a minor use permit (Section 88.51.040), and shown as "MUP" uses in the tables; 3. Allowed subject to the approval of a use permit (Section 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; and 5. Not allowed in particular zones, and shown as a "—" in the tables. TABLE 2-1 Allowed Land Uses and Permit Requirements for Neighborhood Zones P MUP UP S — Permitted Use, Zoning Clearance required Minor Use Permit required Use Permit required Permit requirement set by Specific Use Regulations Use not allowed LAND USE TYPE (1) PERMIT REQUIRED BY ZONE Specific Use Regulations NC NG1 NG2 NG3 L MED MOD L MED MOD L MED MOD RESIDENTIAL USES Senior citizen apartment (2) — P P — P P — P P 88.42.200 Single-family dwelling — P P P P P P P P P Stacked flats — — P P — P P — P P Townhouses or rowhouses — — P P — P P — P P 88.42.140 Triplex or fourplex — — P P — P P — P P 88.42.140 ;sz=8q; 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 Created: 2022-11-17 21:11:23 [EST] (Supp. No. 67) Page 2 of 9 ;sz=8q; Notes: (1) A definition of each listed use type is in Article 7 (Glossary). (2) This is a critical, sensitive, or high occupancy facility, subject to the hazard mitigation requirements of Section 88.30.030. (3) Allowed only within the boundaries of an electric utility easement for high voltage transmission lines. (Ord. No. 06-O6, § 1B, 8- 7-06; Ord. No. 14-O4, § 2, 7-21-14; Ord. No. 2017-14 , § 4, 12-18-17; Ord. No. 2020-02 , § 3, 2-3-20; Ord. No. 2021- 01 , § 3, 2-1-21) 88.24.005. Allowable Uses in Districts. A. Permit Requirements. Tables 2-2, 2-3, and 2-4 provide 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 5.22.020). These are shown as "P" uses in the tables; 2. Allowed subject to the approval of a minor use permit (Section 5.12.050), and shown as "MUP" uses in the tables; 3. Allowed subject to the approval of a use permit (Section 5.12.050), 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 (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. 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. TABLE 2-2 Allowed Land Uses and Permit Requirements for Districts P MUP UP S — Permitted Use, Zoning Clearance required Minor Use Permit required Use Permit required Permit requirement set by Specific Use Regulations Use not allowed LAND USE TYPE (1) PERMIT REQUIRED BY ZONE Specific Use Regulations DE DW DWL RESIDENTIAL USES Caretaker/manager unit P P P Courtyard housing — — — 88.42.142 Duplex, triplex fourplex — — — 88.42.140 Emergency shelter (3) — P UP 88.42.082 Home occupation P P P 88.42.100 Cottage food home occupation P P P 88.42.105 Live/work unit — MUP MUP 88.42.110 Mixed use residential component P — — 88.42.120 Mixed use residential component— Phased S — — 88.42.120 Created: 2022-11-17 21:11:23 [EST] (Supp. No. 67) Page 3 of 9 Organizational house (sorority, monastery, etc.) (3) — — — Residential accessory use or structure — — — Residential care, 6 or fewer clients — — — Residential care, 7 or more clients (3) — — — Rooming or boarding house — — — Senior citizen apartment (3) P — — 88.42.200 Stacked flats as part of a vertical mixed use project — — — 88.42.120 Townhouse, rowhouse — — — 88.42.140 ;sz=8q; Key to Zone Symbols DE Edgewood District DW West End Industrial District DWL West End Light Industrial District TABLE 2-2 Allowed Land Uses and Permit Requirements for University District (DU) P MUP UP S — Permitted Use, Zoning Clearance required Minor Use Permit required Use Permit required Permit requirement set by Specific Use Regulations Use not allowed LAND USE TYPE (1) PERMIT REQUIRED BY ZONE Specific Use Regulations DU- MU DU-RM DU-RMO RESIDENTIAL USES Animal keeping S S S 88.42.040 Caretaker/manager unit P — — Court P MUP MUP 88.42.142 Duplex — P P 88.42.140 Emergency/transitional shelter (3) UP — — Home occupation P P P 88.42.100 Live/work unit P — — 88.42.110 Mixed use project residential component P — — 88.42.120 Mixed use project residential component— Phased S — — 88.42.120 Organizational house (sorority, monastery, etc.) (3) MUP MUP MUP Residential accessory use or structure P P P 88.42.020 Residential care, 6 or fewer clients P P P Residential care, 7 or more clients (3) MUP MUP MUP Created: 2022-11-17 21:11:23 [EST] (Supp. No. 67) Page 4 of 9 Rooming or boarding house P P P Senior citizen apartments (3) P P P 88.42.200 Single-family dwelling MUP MUP MUP Single room occupancy facility MUP MUP MUP Stacked flats as part of vertical mixed use project P — — P 88.42.120 Townhouse, rowhouse P — P 88.42.140 Triplex or fourplex — P P 88.42.140 ;sz=8q; Key to Zone Symbols DU- MH University District - Mixed Use CU- RMO University District - Residential Moderate DU-RM University District - Residential Medium ;sz=8q; Notes: (1) A definition of each listed use type is in Article 6 (Glossary). (2) Allowed on a second or upper floor only. (3) This is a critical, sensitive, or high occupancy facility, subject to the hazard mitigation requirements of Section 88.30.030. 88.26.005. Allowable Uses in Corridors. 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 88.51.020). These are shown as "P" uses in the tables; 2. Allowed subject to the approval of a minor use permit (Section 88.51.040), and shown as "MUP" uses in the tables; 3. Allowed subject to the approval of a use permit (Section 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. TABLE 2-3 Allowed Land Uses and Permit Requirements for Corridors P MUP UP S — Permitted Use, Zoning Clearance required Minor Use Permit required Use Permit required Permit requirement set by Specific Use Regulations Use not allowed LAND USE TYPE (1) PERMIT REQUIRED BY ZONE Specific Use Regulations CAZ CSG CSA CAH CFB RESIDENTIAL USES Courtyard housing MUP MUP MUP MUP MUP 88.42.100 Created: 2022-11-17 21:11:25 [EST] (Supp. No. 67) Page 5 of 9 Duplex, triplex, fourplex P P — P — P 88.42.110 Home occupation P P P P P 88.42.100 Cottage food home occupation P P P P P 88.42.105 Live/work unit P P P P P Organizational house (sorority, monastery, etc.) (2) MUP MUP MUP MUP MUP Residential accessory use or structure P P P P P Residential care, 6 or fewer clients P P P P P 88.42.140 Residential care, 7 or more clients (2) P P P P P Mixed use project residential component P P P P P 88.42.120 Rooming or boarding house P P — — P Senior Citizen Housing P P P P P Single-family dwelling — P — — — 88.42.120 Stacked flats P P P P P Townhouse or rowhouse P P P P P 88.42.190 ;sz=8q; 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 ;sz=8q; Notes: (1) A definition of each listed use type is in Article 6 (Glossary). (2) This is a critical, sensitive, or high occupancy facility, subject to the hazard mitigation requirement of Section 88.30.030 (3) Allowed only within the boundaries of an electric utility easement for high voltage transmission lines. Created: 2022-11-17 21:11:25 [EST] (Supp. No. 67) Page 6 of 9 88.26.010. Foothill Boulevard Corridor. The purpose of this chapter is to outline the general plan goals and development guidelines for the Foothill Boulevard Corridor of Azusa. It is a guideline to assist present and future developers, city staff, and citizens in evaluating the evolving character and potential of the corridor. A. Purpose. The Foothill Boulevard Corridor (CFB) zone is applied to areas along Foothill Boulevard west of the TOD Specific Plan. This corridor zone is intended to accommodate a wide range of retail commercial uses, offices, and services, with all types of residential units allowed. 88.26.020. Azusa/San Gabriel Avenue Corridors. The purpose of this chapter is to outline the general plan goals and development guidelines for the Azusa/San Gabriel Avenue Corridors of Azusa. It is a guideline to assist present and future developers, city staff, and citizens in evaluating the evolving character and potential of the corridors. A. Purpose. Created: 2022-11-17 21:11:25 [EST] (Supp. No. 67) Page 7 of 9 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 . 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. 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 . 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. 88.42.140. Multi-Family and Small Lot Single-Family Projects. New or remodeled multi-family projects, and subdivisions of detached single-family homes on parcels smaller than 6,000 square feet, shall comply with the standards of this section, where allowed by Article 2 (Urban Standards). For the purposes of this section, the term "remodeled" means the reconstruction or remodeling of at least 50 percent of the gross floor area of the original structure. A. Allowable Multi-Family Building Types. New multi-family projects shall consist of "walk-up" units such as row houses, where each unit has a ground floor entrance, or stacked flats.. Courtyard housing projects are encouraged, and shall comply with the standards in Section 88.42.140 (Multi-Family Courtyard Housing Projects). 88.36.050. Number of Parking Spaces Required. Each use shall provide off-street parking in compliance with this section, except as otherwise provided by Section 88.36.080 (Reduction of Parking Requirements). TABLE 3-7. PARKING REQUIREMENTS BY LAND USE Land Use Type: Vehicle Spaces Required Note: gsf means "gross square feet of floor area" Rowhouse, townhome, and courtyard units: Studio or and one-bedroom unit 1 space within a garage, carport, structure, or subterranean parking for each unit. Two to four bedroom units 2 spaces within a garage, carport, structure, or subterranean parking for each unit. 5 or more bedroom units 3 spaces within a garage, carport, structure, or subterranean parking for each unit. Guest parking 1 guest space for each 3 units in a project of five or more units. Duplex 2 spaces within a garage or carport for each unit. 88.30.014. Dwelling Unit Minimum Floor Area. Each new dwelling unit within the city shall have the minimum floor area shown in the following table. Created: 2022-11-17 21:11:32 [EST] (Supp. No. 67) Page 8 of 9 Type or Size of Dwelling Minimum Floor Area for Each Unit Single-family dwelling 1,200 sf Duplex 850 sf Other Multi-family housing (including Accessory Dwelling Units) Accessory dwelling unit 150 sf Studio unit 500 sf 1-bedroom unit 600 sf 2-bedroom unit 725 sf 3 or more bedroom unit 875 sf ;sz=8q; Note: Any room that can be easily used or converted to function as a bedroom will be counted as a bedroom in all instances where a Development Code standard is based on the number of bedrooms per unit. (Ord. No. 06-O6, § 1B, 8-7-06; Ord. No. 2017-14 , § 5, 12-18-17) 88.42.200. Senior Citizen Apartments. Where allowed by Article 2 (Urban Standards), senior citizen apartments shall comply with the regulations of this section. A. Purpose. The city recognizes that the housing needs of older residents may differ from those of the general population in terms of dwelling unit size, unit accessibility, parking requirements, and housing affordability, among other considerations. Therefore, this section establishes special requirements for senior citizen apartments. B. Minimum Qualifying Age. The primary resident of each dwelling unit shall be of minimum age 55 years, provided that physically handicapped residents shall not be required to meet the minimum age requirement. Other household members may be younger. The development must be deed restricted for senior citizens and/or physically handicapped residents for the life of the structure. E. Development Standards. Each senior citizen apartment project shall comply with the following requirements. Development Feature Requirement Maximum Building Height 2 stories/35 feet 3 stories/45 feet Maximum Density 40 units per gross acre Maximum Lot Coverage 60% Minimum Front Yard Setback 20 ft, with minimum 15 ft. between building and any private patio wall Minimum Side Yard Setback Interior Street Side 10 ft. 15 ft. Minimum Rear Yard Setback 15 ft. Minimum Dwelling Unit Size 1-bedroom unit 550 sf Created: 2022-11-17 21:11:32 [EST] (Supp. No. 67) Page 9 of 9 2-bedroom, 1-bathroom unit 2-bedroom, 2-bathroom unit or larger 600 sf 700 sf Off-street parking 1 covered space per unit and 1 guest space for each five units