HomeMy WebLinkAboutD-1 Staff Report - Code Amendment 255PUBLIC HEARING/SCHEDULED ITEM
D-1
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: JOSE D. JIMENEZ, DIRECTOR OF ECONOMIC & COMMUNITY
DEVELOPMENT
DATE: MAY 6, 2024
SUBJECT: FIRST READING OF AN ORDINANCE OF THE CITY OF AZUSA CITY
COUNCIL AMENDING THE AZUSA MUNICIPAL CODE RELATED TO 1)
SECTION: 88.30.020 WALL/FENCE HEIGHT, SECTION: 88.51.050 MINOR
VARIANCE APPLICABILITY, 2) SECTION: 88.42.190 UPDATES TO THE
EXISTING ACCESSORY DWELLING UNITS (ADUs) AND JUNIOR
ACCESSORY DWELLING UNITS (JADUs) REQUIREMENTS, 3)
AMENDMENT TO THE TOD SPECIFIC PLAN TO ALLOW FOR MEDICAL
OFFICE USES ON THE FIRST FLOOR IN THE DOWNTOWN AND
DOWNTOWN EXPANSION DISTRICTS, AND 4) DETERMINING THE
ORDINANCE TO BE EXEMPT FROM CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA)
BACKGROUND:
In 2004, the City of Azusa adopted a new General Plan, which ushered in a new Development
(“Zoning”) Code in 2005. Since its implementation, there is an ongoing need to undertake
maintenance and updates to address discrepancies and issues that have resulted since its adoption.
With this current request, Planning Staff is making changes to comply and clarify State mandates as
they relate to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs).
Other updates, include enhancements to the Development Code to clarify fence height exceptions,
and to allow for certain small medical uses on the ground floor within the Transit Oriented District.
On March 27, 2024, on a 4-0 vote, the Planning Commission approved Resolution No. 2024-PC05
recommending that the City Council consider and approve a Draft Ordinance to approve Code
Amendment No. 255, which makes various changes as discussed herein.
Staff recommends that the City Council take the following actions:
Approved
City Council
May 6, 2024
Code Amendment No. 255 (Chapter 88 Municipal Code and TOD Specific Plan Amendments)
May 6, 2024
Page 2
1) Open the public hearing, receive testimony and closed public hearing;
2) Find the requested project exempt from the California Environmental Quality Act
(CEQA); and
3) Waive further reading and adopt Ordinance No. 2023-03;AN ORDINANCE OF THE
CITY OF AZUSA CITY COUNCIL AMENDING SECTIONS 88.30.020, 88.51.050,
AND 88.42.190 OF THE AZUSA MUNICIPAL CODE TO REVISE 1)WALL/FENCE
HEIGHT REQUIREMENTS, 2)MINOR VARIANCE APPLICABILITY, 3) UPDATES
TO THE EXISTING ACCESSORY DWELLING UNITS (ADUs) AND JUNIOR
ACCESSORY DWELLING UNITS (JADUs) REQUIREMENTS, AND, 4) REVISE
THE TOD SPECIFIC PLAN TO ALLOW FOR MEDICAL OFFICE USES, WITH
RESTRICITIONS, ON THE FIRST FLOOR IN THE DOWNTOWN AND
DOWNTOWN EXPANSION DISTRICTS
ANALYSIS:
As part of its duties and responsibilities, the Planning Division is tasked with the ongoing
maintenance of the Development Code. Chapter 3, Land Use Goal 12 of the General Plan states
“Ensure that the City’s General Plan and Development Code are updated and maintained to
increase effectiveness.” More specifically, Land Use Policy 12.1 requires that the City “Review
the General Plan and the related Development Code, annually, to ensure internal consistency with
federal, state, and local regulations and policies.”
Since its adoption in 2005, City staff has undertaken the necessary updates to the Development
Code in order to adhere to ever-changing legislation. These code cleanups and updates involve
corrections to discrepancies found in the Code (grammatical or referential errors, modifying text,
changing/updating land use requirements, etc.) and policy-specific changes that occur when local
jurisdictions are required to revise or adopt ordinances to be consistent with newly enacted State
law.
With this particular set of amendments, the Planning Division is requesting to enact both a code
cleanup and update. Below are the following changes that are being proposed. The recommended
adjustments and additions are organized by Articles (Chapters) of the Development Code. The
additions are shown in red font and the deletions are denoted by a strikethrough font.
Section # Reason for Change Proposed Revision/Recommendation
88.30.020 B.3 Correct calculation error in
maximum height.
Change mechanism for request
in increase to minor variance
instead of minor use permit as
Where the ground elevation within six feet of
the base of a fence differs from one side of the
fence to the other (as when a fence is placed at
the top of a slope or on a retaining wall), the
height shall be measured from the side with
the lowest natural grade. The combined height
Code Amendment No. 255 (Chapter 88 Municipal Code and TOD Specific Plan Amendments)
May 6, 2024
Page 3
that is most appropriate when
discussing wall height.
Increases maximum retaining
wall height; maintains total
retaining and wall/fence height
for added flexibility.
of the retaining wall and fence may exceed six
feet with minor use permit a minor variance
approval, but in no case shall the combined
height exceed nine ten feet. The retaining wall
shall not exceed four six feet in height., and
the fence on top of the retaining wall shall not
exceed six feet in height.
88.30.020 B.3
Figure 3-1
Correct figure to reflect
updated language.
88.30.020 Adding maximum height to
walls outside of setback to
prevent unsightly structures.
Location of Fence,
Wall,
or Hedge
Maximum Height (1)
In all zones other than West End District
Front setback 42 in
Interior side setback 6 ft, except as provided
by 88.30.020.B.3.
Side street setback 36 in. within corner
cut-off area; 6 ft
elsewhere, except as
provided by
88.30.020.B.3.
Rear setback 6 ft, except as provided
by 88.30.020.B.3.
Outside of required
setback
Same as maximum
building height. 8 ft
In the West End District
On site of existing
nonconforming auto
wrecking yard
8 ft minimum, 16 ft
maximum
All other locations
within the West End
District
8 ft outside of required
front setback
88.42.190
E.1.a
Added table illustrates the
allowances for an ADU or
JADU development in various
zone types for overall ease of
code section application.
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 as shown in the table
below:
Code Amendment No. 255 (Chapter 88 Municipal Code and TOD Specific Plan Amendments)
May 6, 2024
Page 4
ADU Type /
Zone Density
Existing
Structure
s On-Site
Number of ADUs
/JADUs Allowed
Converted
(Low Density)
Single-
Family
Dwelling
- One (1) ADU or
One (1) JADU
Detached
(Low Density)
Single-
Family
Dwelling
- One (1) ADU
and One (1) JADU
Converted
(Medium/Mod
erate Density)
Multi-
Family
Dwelling
- Up to 25% of
existing units or
one ADU unit,
whichever is
greater. (*, **)
Detached
(Medium/Mod
erate Density)
Multi-
Family
Dwelling
- Two (2) ADU
and allow up to
25% of the
existing multi-
family units on the
lot to provide an
ADU within the
existing dwelling
units or one unit,
whichever is
greater. (*,**)
* Multi-family structures that are proposed to be
developed with an ADU within the units must
still comply with the minimum size of dwelling
units
** Portions of existing multi-family structures
used as non-habitable space such as (boiler
rooms, storage rooms, attics, basements, garages,
laundry rooms, etc.) may be converted into
ADUs.
88.42.190 E.8 Current law already prevents
subdivision without approval
therefore, the deed restriction
requirement is redundant and
unnecessary.
8. 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.
Code Amendment No. 255 (Chapter 88 Municipal Code and TOD Specific Plan Amendments)
May 6, 2024
Page 5
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.
88.42.190
F.1.a
State law allows for local
jurisdictions to set maximum
size for ADUs but not
maximum number of
bedrooms. This removes
nonconformity.
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 or more. No more
than two bedrooms are allowed.
Code Amendment No. 255 (Chapter 88 Municipal Code and TOD Specific Plan Amendments)
May 6, 2024
Page 6
88.42.190 F.4 Currently the code lacked
clarity on building separation.
This is included for lighting,
ventilation and site planning
purposes.
4. Building Separation. A newly
constructed detached ADU shall be set
back from any other permanent structure
on the site by a minimum of ten feet.
88.51.050 C Correct language in code to
reflect “deviation” not just
“reduction” when referencing
variances.
Allow more flexibility and
streamlining of review by
allowing administrative review
of wall/fence height increases
of up to 2 ft. Noticing is still
required, but this proposal
removes the need for a public
hearing unless determined
necessary.
C. REVIEW AUTHORITY. A variance
shall be approved or denied by the
commission. The zoning administrator
may approve a minor variance to grant
relief from any of the following
requirements of this Development Code,
up to a maximum reduction deviation of
ten percent, except as otherwise indicated
below.
1. Setbacks and distance between structures;
2. Parcel dimensions (not area);
3. Structure height;
4. Fence and wall height, for a maximum
increase of 2 ft beyond what is permitted
by this Development Code; or
5. On-site parking, loading, and landscaping.
The zoning administrator may choose to refer
any minor variance to the commission for
hearing and decision.
88.21.060
Azusa TOD
Specific Plan
Currently, medical offices are
not allowed on the ground
floor within the Downtown and
Downtown Expansion Districts
within the TOD Specific Plan.
A. Purpose. The Azusa Transit-Oriented
Development (TOD) General
Plan/Development Code Update and
Specific Plan (herein referred to as the
Azusa TOD Specific Plan, or, simply
Specific Plan) is a comprehensive
document that will implement the vision
for the Specific Plan Area as established
by the City of Azusa planning process.
B. Allowable Uses. Refer to the Azusa TOD
Specific Plan.
1. MUP Requirement for Ground Floor
Medical Office – Subject to a MUP,
Ground Floor Medical Services – Doctor
Office Use, may be allowed.
Code Amendment No. 255 (Chapter 88 Municipal Code and TOD Specific Plan Amendments)
May 6, 2024
Page 7
Findings of Facts
Pursuant to Section 88.51.060 of AMC, the Planning Commission and City Council shall be
required to make the following findings of fact before approving a zone change or Development
Code amendment:
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 amendments to the Chapter 88 (Development Code) of the Azusa Municipal Code and TOD
Specific Plan are 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.
Development Code Amendments: The proposed Code Cleanup changes will ensure that the
Development Code is up-to-date, clear, concise, and effective. The proposed changes will include
clarifying language to the Development Code in regards to the development of ADUs/JADUs and
wall height that will make it more readable and accessible to the general public. It will also ensure
compliance with the most current ADU State Law.
TOD Specific
Plan
The proposed change to allow
medical offices on the ground
floor with an MUP provides
additional flexibility given the
recent trend in reduction of
brick and mortar retail spaces.
It also allows for the potential
reduction of vacant tenant
spaces while maintaining the
City’s ability to review the site
and use on a case by case basis
through a Minor Use Permit.
C. Site Planning and Building Design.
Refer to the Azusa TOD Specific Plan.
(Amend Table 2-2: Downtown District
Allowable Uses, and Table 2-3 Downtown
Expansion District Allowable Uses to reflect the
following)
Footnote 1: Only Medical Service Doctor
Office use permitted on second or upper floor
Medical services- Doctor Office allowed on
second or upper floors; Use may be located on
ground floor only with a MUP provided the
following additional criteria can be met:
Windows adjacent to the right-of-way shall
remain uncovered. The first 15 feet of tenant
space adjacent to public right of way shall not
be utilized for patient rooms unless windows
are not present.
Code Amendment No. 255 (Chapter 88 Municipal Code and TOD Specific Plan Amendments)
May 6, 2024
Page 8
TOD Specific Plan Amendments: The proposed change to allow medical offices on the ground
floor allows for additional flexibility given the recent trend in reduction of brick and mortar retail
spaces. It also allows for the potential reduction of vacant tenant spaces while maintaining the
City’s ability to review the site and use on a case by case basis through a Minor Use Permit thereby
increasing the effectiveness of the Specific Plan.
Land Use Policy 12.1:
Review the General Plan and the related Development Code, annually, to ensure internal
consistency with federal, state, and local regulations and policies.
Both documents are reviewed annually to ensure internal consistency with federal, state, and local
regulations and policies. The ADU code update will ensure that that the language in the City’s
Development Code conforms to the current ADU State Law.
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 amendments, and TOD Specific Plan amendments would not
adversely affect surrounding properties.
PUBLIC NOTICE:
The item was published in the San Gabriel Tribune on April 24, 2024. As of the moment of this
report, Staff has not received any comments regarding the notice.
ENVIRONMENTAL REVIEW:
ENVIRONMENTAL DETERMINATION: No further action required. The proposed action does
not constitute a project under CEQA.
The proposed action is exempt from environmental review pursuant to the California
Environmental Quality Act (Pub. Resources Code, §§ 21000 et seq.) (“CEQA”) and the State
CEQA Guidelines (Cal. Code Regs, tit. 14, §§ 15000 et seq.). Specifically, the activity is not
subject to CEQA because it will not result in a direct or reasonably foreseeable indirect physical
change in the environment; the activity is not a project as defined in Section 15378, and the activity
is covered by the general rule that CEQA applies only to projects, which have the potential for
causing a significant effect on the environment. Where it can be seen with certainty that there is
no possibility that the activity may have a significant effect on the environment, the activity is not
subject to CEQA.
FISCAL IMPACT:
A First Reading to allow for modifications to certain sections of the Development Code can be
done with no fiscal impact.
Code Amendment No. 255 (Chapter 88 Municipal Code and TOD Specific Plan Amendments)
May 6, 2024
Page 9
Prepared by: Reviewed by:
Anthony Alvarado Knarik Vizcarra
Senior Planner Planning Manager
Reviewed and Approved by: Fiscal Review by:
Jose D. Jimenez Talika M. Johnson
Director of Economic and Community Development Director of Administrative Services
Reviewed and Approved by:
Sergio Gonzalez
City Manager
Attachments:
1) Planning Commission Resolution
2) Draft Ordinance No. 2024-03.
Attachment 1
ORDINANCE NO. 2024-03
AN ORDINANCE OF THE CITY OF AZUSA CITY COUNCIL AMENDING SECTIONS
88.30.020, 88.51.050, AND 88.42.190 OF THE AZUSA MUNICIPAL CODE TO REVISE
1)WALL/FENCE HEIGHT REQUIREMENTS, 2)MINOR VARIANCE APPLICABILITY, 3)
UPDATES TO THE EXISTING ACCESSORY DWELLING UNITS (ADUs) AND JUNIOR
ACCESSORY DWELLING UNITS (JADUs) REQUIREMENTS, AND, 4) REVISE THE
TOD SPECIFIC PLAN TO ALLOW FOR MEDICAL OFFICE USES, WITH
RESTRICITIONS, ON THE FIRST FLOOR IN THE DOWNTOWN AND DOWNTOWN
EXPANSION DISTRICTS, AND DETERMINE THE ORDINANCE TO BE EXEMPT
FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (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 February 22, 2005, the City Council of the City of Azusa (the “City
Council”) adopted the new Development Code (Chapter 88 of the Azusa Municipal Code)
with the understanding that the new format included wholesale changes to the prior Code,
and that revisions would be necessary after the new Code was implemented; and
WHEREAS, the City Council adopted the TOD Specific Plan and associated Zone
Change at a regular meeting on November 2, 2015; and
WHEREAS, the original approval of the TOD Specific Plan and Zone Change was
considered a “project” under the California Environmental Quality Act (“CEQA”), and an
accompanying Final Environmental Impact Report (SCH#2015021018) was certified for
the project by the City Council on November 2, 2015; and
WHEREAS, on March 27, 2024, the Planning Commission of the City of Azusa
recommended that the City Council approve a Draft Ordinance for Code Amendment No.
255.
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct
and are incorporated herein by this reference.
Attachment 2
SECTION 2. Additions to the Azusa Municipal code are shown in underlined and
the deletions are denoted by strikethrough. Text underlined in blue font represent
hyperlinks.
SECTION 3. Sections 88.21.060, 88.30.020, 88.42.190 E.1.a, 88.42.190 E.8,
88.42.190 F.1.a, 88.42.190 F.4, 88.51.050 C, and 88.51.050 of the Azusa Municipal Code
are hereby amended and amended to read in its entirety as shown below:
Sec. 88.21.060 – Azusa TOD Specific Plan.
A. Purpose. The Azusa Transit-Oriented Development (TOD) General
Plan/Development Code Update and Specific Plan (herein referred to as the Azusa
TOD Specific Plan, or, simply Specific Plan) is a comprehensive document that will
implement the vision for the Specific Plan Area as established by the City of Azusa
planning process.
B. Allowable Uses. Refer to the Azusa TOD Specific Plan.
1. MUP Requirement for Ground Floor Medical Office – Subject to a MUP,
Ground Floor Medical Services – Doctor Office Use, may be allowed.
C. Site Planning and Building Design. Refer to the Azusa TOD Specific Plan.
Sec. 88.30.020 B.3 - Fences, Walls, Hedges, and Screening.
Where the ground elevation within six feet of the base of a fence differs from one side of
the fence to the other (as when a fence is placed at the top of a slope or on a retaining
wall), the height shall be measured from the side with the lowest natural grade. The
combined height of the retaining wall and fence may exceed six feet with minor use
permit a minor variance approval, but in no case shall the combined height exceed nine
ten feet. The retaining wall shall not exceed four six feet in height., and the fence on
top of the retaining wall shall not exceed six feet in height.
Sec. 88.30.020 B.3 – Figure 3-1
Sec. 88.30.020 C – Table 3-1
TABLE 3-1. MAXIMUM HEIGHT OF FENCES, WALLS, AND HEDGES
Location of Fence, Wall,
or Hedge Maximum Height (1)
In all zones other than West End District
Front setback 42 in
Interior side setback 6 ft, except as provided by 88.30.020.B.3.
Side street setback 36 in. within corner cut-off area; 6 ft
elsewhere, except as provided by
88.30.020.B.3.
Rear setback 6 ft, except as provided by 88.30.020.B.3.
Outside of required setback Same as maximum building height. 8
ft
In the West End District
On site of existing nonconforming auto
wrecking yard 8 ft minimum, 16 ft maximum
All other locations within the West End
District 8 ft outside of required front setback
Sec. 88.42.190 E.1.a – Accessory Dwelling Units.
ADU Type / Zone
Density
Existing
Structures
On-Site
Number of ADUs /JADUs Allowed
Converted
(Low Density)
Single-
Family
Dwelling
- One (1) ADU or One (1) JADU
Detached
(Low Density)
Single-
Family
Dwelling
- One (1) ADU and One (1) JADU
Converted
(Medium/Moderate
Density)
Multi-Family
Dwelling
- Up to 25% of existing units or one ADU unit,
whichever is greater. (*, **)
Detached
(Medium/Moderate
Density)
Multi-Family
Dwelling
- Two (2) ADU and allow up to 25% of the
existing multi-family units on the lot to
provide an ADU within the existing dwelling
units or one unit, whichever is greater. (*,**)
* Multi-family structures that are proposed to be developed with an ADU within
the units must still comply with the minimum size of dwelling units
** Portions of existing multi-family structures used as non-habitable space such
as (boiler rooms, storage rooms, attics, basements, garages, laundry rooms,
etc.) may be converted into ADUs.
Sec. 88.42.190 E.8 – Accessory Dwelling Units. Deed Restriction
8. 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.
Sec. 88.42.190 F.1.a – Accessory Dwelling Units. 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 or more. No more than two bedrooms are allowed.
Sec. 88.42.190 F.4 – Accessory Dwelling Units. Building Separation
4. Building Separation. A newly constructed detached ADU shall be set back from
any other permanent structure on the site by a minimum of ten feet.
Sec. 88.51.050 C – Variance and Minor Variance. Review Authority
C. REVIEW AUTHORITY. A variance shall be approved or denied by the commission.
The zoning administrator may approve a minor variance to grant relief from any of
the following requirements of this Development Code, up to a maximum reduction
deviation of ten percent, except as otherwise indicated below.
1. Setbacks and distance between structures;
2. Parcel dimensions (not area);
3. Structure height;
4. Fence and wall height, for a maximum increase of 2 ft beyond what is permitted
by this Development Code; or
5. On-site parking, loading, and landscaping.
The zoning administrator may choose to refer any minor variance to the commission
for hearing and decision.
SECTION 4. Tables 2-2: Downtown District Allowable Uses and 2-3: Downtown
Expansion District Allowable Uses of the TOD Specific Plan are hereby amended and
amended to read in its entirety as shown below:
Footnote 1: Only Medical Service Doctor Office use permitted on second or upper
floor
Medical services- Doctor Office allowed on second or upper floors; Use may be
located on ground floor only with a MUP provided the following additional criteria
can be met:
Windows adjacent to the right-of-way shall remain uncovered. The first 15
feet of tenant space adjacent to public right of way shall not be utilized for patient
rooms unless windows are not present.
SECTION 5. CEQA. 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, the proposed action is exempt from environmental review pursuant to
the California Environmental Quality Act (Pub. Resources Code, §§ 21000 et seq.)
(“CEQA”) and the State CEQA Guidelines (Cal. Code Regs, tit. 14, §§ 15000 et seq.).
Specifically, the activity is not subject to CEQA because it will not result in a direct or
reasonably foreseeable indirect physical change in the environment; the activity is not a
project as defined in Section 15378, and the activity is covered by the general rule that
CEQA applies only to projects, which have the potential for causing a significant effect on
the environment. Where it can be seen with certainty that there is no possibility that the
activity may have a significant effect on the environment, the activity is not subject to
CEQA.
SECTION 6. 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 91702. The custodian of these records
is the City Clerk.
SECTION 7. 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 8. Effective Date. This Ordinance shall become effective thirty (30)
days following its adoption.
SECTION 9. 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 6th day of May, 2024, 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 A. Martinez, City Attorney
CERTIFICATION
I, Jeffrey Cornejo, City Clerk of the City of Azusa, do hereby certify that the
foregoing Ordinance No. 2024-03 is the actual Ordinance No. 2024-03 that was
introduced at a regular meeting of said City Council on the 6th day of May, 2024 and was
finally passed and adopted not less than five (5) days thereafter on the ____ day of
_____________, 2024 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Jeffrey Cornejo, City Clerk