HomeMy WebLinkAboutOrdinance No. 2023-04ORDINANCE NO. 2023-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA
APPROVING AMENDMENT ZCA 252 AMENDING SECTIONS 88.22.065,
88.24.005, 88.26.005, 88.42.140, 88.42.200 88.36.050, 88.26.010, 88.26.020,
88.30.014, AND 88.36.050 TO IMPLEMENT HOUSING ELEMENT
PROGRAMS H3-3, H4-4, H4-5, AND H4-6, AND FIND THAT THE
AMENDMENTS ARE 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, 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 June 19, 2023, The City Council of the City of Azusa adopted the 2021-
2029 Housing Element; and
WHEREAS, on July 27, 2023, the California Department of Housing and Community
Development sent a letter to the City of Azusa confirming that the adopted Housing Element was in
compliance with applicable State Law; and.
WHEREAS, on August 23,2023, the Planning Commission of the City of Azusa (“Planning
Commission”) conducted a noticed public hearing on the proposed amendments to the Development
Code at which time all persons wishing to testify in connection with the revision to the Development
Code were heard and the revision was fully studied, discussed and deliberated; and
WHEREAS, the Planning Commission carefully considered all pertinent testimony and the
staff report presented during the public hearings for the revision to the Development Code and
adopted Resolution No. PC 2023-12 recommending that the City Council approve the proposed
amendments to the Development Code; and
WHEREAS, on October 2,2023, the City Council conducted a duly noticed public hearing
on the proposed amendment to the Development Code at which time all persons wishing to testify in
connection with the amendment to the Development Code were heard, and the proposed amendment
and public testimony were fully studied, discussed, and deliberated; and
WHEREAS, the City Council wishes to adopt the proposed amendment to the Development
Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
ORDAIN AS FOLLOWS:
SECTION I. Incorporation of Recitals. The above recitals are true and correct and are
incorporated herein by this reference.
SECTION!. This Amendment to the Development Code is 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 ofa “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 physical change in the environment.
SECTION 3. Sections 88.22.065, 88.24.005, 88.26.005, 88.42.140, 88.42.200 88.36.050,
88.26.010, 88.26.020, 88.30.014, and 88.36.050 of the Azusa Municipal Code are hereby amended
as provided in Exhibit A, attached hereto and incorporated herein by reference.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or portion
of this Ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the validity of the remaining
portion of this Ordinance. The City Council of the City of Azusa hereby declares that they would
have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof,
irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence,
clause, or phrase would be declared invalid, unconstitutional, or unenforceable.
SECTION 5. Finding of Fact. The City Council also finds that:
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 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.
Table 1 below shows the housing element programs, action required for program implementation,
and the resulting changes to the applicable Municipal Code, showing.
Table 1
Housing
Program
Element Action Required Development Code Sections Affected
and Proposed Amendments
H3-3: Senior Housing Removal
requirement for senior units
in all zones where currently
permitted with an MUP;
Allowing Senior Units as a
permitted use
of MUP (Allowable88.22.065
Neighborhoods)
-Amend use matrix to allow senior
Uses in
housing to be allowed as a permitted use in
all neighborhoods of Medium and
Moderate Density
88.24.005 (Allowable Uses in Districts)
- Amend use matrix to allow senior
housing without an MUP in the Edgewood
District
88.26.005 (Allowable Uses in Corridors)
- Amend use matrix to remove MUP
requirement and allow senior housing in all
of the city’s five corridors ( Azusa Ave,
San Gabriel Ave, Arrow Highway, South
Azusa Highway, and Foothill Boulevard)
appropriate
standards to encourage
development of senior
housing
Provide 88.42.200 (Senior Citizen Apartments)
- Amend language to reflect “Housing”
instead of “apartments”;
- Increase maximum building height to 3
stories/ 45 feet which is more in line
with the 40 units/gross acre density
- Remove “required findings'
permit will not be required.
as use
Allow stacked flats as a
permitted
neighborhoods, corridors,
and
townhomes are currently
allowed.
alluse in
districts where
(AllowableH4-4 Stacked Flats and
Multi-family housing
88.22.065
Neighborhoods)
- Amend use matrix to allow stacked flats
Uses in
in all medium and moderate density
neighborhoods
88.24.005 (Allowable Uses in Districts)
- Amend use matrix to allow stacked flats
as part of mixed used residential
component in the Edgewood District
- Amend use matrix to allow Senior
citizen housing in University Districts
Mixed Use, Residential Medium, and
Residential Moderate designations.
88.26.010 (Foothill Boulevard Corridor)
88.26.020 (Azusa/San
Corridors)
Gabriel Ave
88.42.140 (Multi-Family and Small Lot
Single-Family Projects)
- Remove all language prohibiting stacked
flats
Remove MUP requirements
for triplexes, fourplexes,
townhouses and row houses
88.22.065
Neighborhoods)
- Amend use matrix to remove MUP
(Allowable Uses in
higher density
Neighborhood Districts.
m requirements in Medium and Moderate
Density Neighborhood.
H4-5: Minimum Unit
Sizes
Reduce minimum floor area 88.30.014 (Dwelling Unity Minimum Floor
Area)
- Reduce required minimum floor area for
1 bedrooms, 2 bedrooms and 3 or more
bedrooms to 600, 725, and 875 square feet
respectively to match the figures found in
the TOD Specific Plan
in Neighborhoods, Centers,
and Districts to match
minimum floor area allow in
the TOD Specific Plan.
H4-6: Parking for
Multi-family Uses
Remove requirement for
garages for multi-family
dwellings. Allow parking in
form
subterranean, and carports.
of structures,
88.36.050 (Number of Parking Spaces
Required)
- Remove reference to a garage for
rowhouses, townhomes, courtyards, or and
configuration of units. Allow
carports/structures/subterranean.
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. The amendments will not
result in changes to the City’s General Plan land use map or the Zoning Map. Design Review will
still be utilized to process project 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.
2.
SECTION 6. Effective date, I’his ordinance shall be in full force and effect thirty (30) days
after its passage.
SECTION 7. Summary. A summary of this ordinance shall be published in the manner
required by law.
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 2"^^ day of October, 2023.
e
4^^
Robert Gonzales
Mayor
ATTEST:
)STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF AZUSA
) ss.
)
I HEREBY CERTIFY that the foregoing Urgency Ordinance No. 2023-04 was duly
introduced and adopted at a regular meeting of the City Council of the City of Azusa on the 2nd day
of October, 2023 by the following vote:
COUNCILMEMBERS: GONZALES, MENDEZ, ALVAREZ, AVILA, BECKWITH
COUNCILMEMBERS; NONE
COUNCILMEMBERS: NONE
AYES:
NOES:
ABSENT:
City Clerk
APPROVED AS TO FORM:
Best Bes^& Krieger LLp\ y
City Attorney