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HomeMy WebLinkAboutOrdinance No. 2024-05ORDINANCE NO. 2024-05 AN ORDINANCE OF THE CITY OF AZUSA CITY COUNCIL AMENDING THE DHAMMAKAYA INTERNATIONAL MEDITATION CENTER (DIMC) SPECIFIC PLAN TO IMPLEMENT A NEW THREE PHASED REDUCED SCOPE DEVELOPMENT PLAN AND RELATED EIR ADDENDUM NO. 3 FOR THE PROJECT PROPOSED AT 865 E. MONROVIA PLACE, AZUSA, CALIFORNIA, 91702 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, WHEREAS, on September 8, 2015, the City Council for the of City of Azusa adopted the Dhammakaya International Meditation Center (“DIMC”) Specific Plan; and WHEREAS, on December October 17, 2016, the City Council for City of Azusa adopted Addendum No. 1 to the DIMC Specific Plan EIR, and adopted the Specific Plan Amendment (“SPA No. 1”) to allow site plan and design modifications to the Project; and WHEREAS, on January 2022, the City of Azusa received a Design Review and Specific Plan Amendment application do significantly reduce the development plan for the DIMC Specific Plan area in terms of scope, size, and scale to reflect changing needs of the organization; and WHEREAS, on May 28, 2024, the Planning Commission of the City of Azusa adopted a resolution approving the Design Review and recommending that the City Council approve an Ordinance adopting the proposed DIMC Specific Plan Amendments and related EIR Addendum. 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. SECTION 2. Compliance with the California Environmental Quality Act. State CEQA Guidelines section 15164 requires lead agencies to prepare an addendum to a previously certified EIR if some changes or additions to the project are necessary, but none of the conditions requiring preparation of a subsequent EIR are present. The City Council has reviewed and considered the certified Final EIR for the DIMC Specific Plan, the proposed Addendum to the same, and the administrative record as a whole and finds that those documents taken together contain a complete and accurate reporting of all of the environmental impacts associated with the proposed Specific Plan Amendment. The Planning Commission further recommends that the City Council find that the Addendum and administrative record have been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local Guidelines. The Planning Commission further recommends that the City Council fi nd and determine that the Addendum reflects the City’s independent judgment. SECTION 3. The DIMC Specific Plan is hereby amended to read in its entirety as shown in Exhibit A attached. SECTION 5. Pursuant to Section 88.51.070 of AMC, the Planning Commission and City Council shall be required to make the following findings of fact before approving a Specific Plan 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 Amended Specific Plan remains consistent with the existing land use designation for the site, which is intended for institutional use. The Dhammakaya International Meditation Center (DIMC) continues to operate as a meditation and educational center, which aligns with the General Plan's land use policies for this area. Additionally, the reduction in the size of the Meditation Hall and the elimination of new organizational housing do not alter the primary function of the site, maintaining its intended use as outlined in the General Plan. 1'he amendments to the DIMC Specific Plan are consistent with the goals, policies, and objectives of the General Plan. The project’s modifications support the General Plan’s goals of land use compatibility, community character preservation, environmental sustainability, and efficient use of public services and infrastructure. The reduction in the scale of development further aligns the project with the community’s long-term vision as outlined in the General Plan. 2. That a proposed specific plan will not adversely affect surrounding properties. The proposed specific plan amendments include a significant reduction in scope for development in the Specific Plan area in terms of size of structures, removal of organizational housing, reduction in footprint of development, and more compatible with the surrounding residential properties. Therefore, the proposed amendments would not adversely affect surrounding properties. 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 this 16^*^ day of September 2024. c Robert Gt5iizales Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF AZUSA ) ) ss. ) I HEREBY CERTIFY that the foregoing Ordinance No. 2024-05 was duly introduced and placed upon its first reading at a regular meeting of the City Council of the City of Azusa held the 19^'^ day of August 2024, and that thereafter, said ordinance was duly adopted and passed at a regular meeting on the 1 day of September, 2024, by the following vote of the Council: on COUNCILMEMBERS; GONZALES, ALVAREZ, AVILA, MENDEZ, BECKWITH COUNCILMEMBERS: AYES; NOES: ABSENT; COUNCILMEMBERS APPROVED AS TO FORM: Best, Best & Kriegei^LLP City Attorney