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Home My WebLink AboutF.1 - Second Reading Staff Report - 2025 Code Clean Up Plus TOD OrdinanceORDINANCE SECOND READING F-1 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: JOSE D. JIMENEZ, DIRECTOR OF ECONOMIC & COMMUNITY DEVELOPMENT DEPARTMENT DATE: AUGUST 18, 2025 SUBJECT: SECOND READING OF AN ORDINANCE OF THE CITY OF AZUSA CITY COUNCIL AMENDING SECTIONS 88.24.005 (ALLOWED USES IN DISTRICTS), 88.28.030 (SPECIAL PURPOSE ZONE LAND USES AND PERMIT REQUIREMENTS), 88.30.070 (TRASH ENCLOSURE REQUIREMENTS), (DRIVEWAYS AND SITE ACCESS), AND SECTION 88.70.020 (DEFINITIONS OF SPECIALIZED TERMS AND PHRASES). ADDITIONALLY, AN AMENDMENT TO THE TOD SPECIFIC PLAN TO EXPAND THE STANDARD OPERATING HOURS IN THE DOWNTOWN AND DOWNTOWN EXPANSION DISTRICTS. LASTLY, TO DETERMINE THAT THE AMENDMENTS ARE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE SECTION 21080.17. BACKGROUND: On July 21, 2025, the City Council approved Ordinance No. 2025-05 to address a series of amendments to the Municipal Code. These amendments would: provide clarification on specific terminology, update permitted uses in Recreation zones, establish objective standards for the design and placement of trash enclosures, and refine language related to residential driveways. Additionally, the ordinance would include a business-friendly amendment to expand standard operating hours for businesses located within the Downtown and Downtown Expansion Districts of the Transit-Oriented Development (TOD) Specific Plan area. RECOMMENDATION: Staff recommends that the City Council: 1)Conduct the second reading and adopt Ordinance No. 2025-05 of the City of Azusa City Council amending the following Azusa Municipal Code Sections: 88.24.005 Allowed Uses in Districts, 88.28.030 Special Purpose Zone Land Uses and Permit Requirements, 88.30.070 Trash Enclosure Requirements, 88.36.100 Driveways and Site Access, and 88.70.020 Definitions of Specialized Terms and Phrases; amend the TOD Specific Plan to APPROVED CITY COUNCIL 8/18/2025 Development Code Amendment No. 260 – 2025 Azusa Municipal Code Clean Up and Amendment to the TOD Specific Plan August 18, 2025 Page 2 expand standard operating hours in the Downtown and Downtown Expansion Districts; and find the project exempt from the California Environmental Quality Act (CEQA). ANALYSIS: Planning Division is tasked with the ongoing maintenance of the Development Cod to ensure compliance with State law and alignment with the City’s General Plan. 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.” This set of amendments primarily consists of cleanup items identified by staff through day-to-day operations in response to trends and community needs. These amendments will provide clarification and ensure consistency for future development and operations in the City. 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: The proposed Development Code Amendments do not have a fiscal impact. Prepared by: Reviewed by: Anthony Alvarado Jose D. Jimenez, Senior Planner Director of Economic & Community Development Reviewed and Approved by: Sergio Gonzalez City Manager Attachment: 1) Ordinance No. 2025-05 Exhibit A-1 88.24.005. – Allowable Uses in Districts. A. PURPOSE. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code sections 65852.2 and 65852.22. 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 AGRICULTURAL AND RESOURCE-BASED USES Plant nursery MUP(6) MUP(6) MUP(6) Surface mining operations — UP UP 88.44 INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING Laboratory—Medical, analytical — P P - Construction contractor — MUP MUP Manufacturing/processing—Heavy (3) — MUP MUP Within 1,000 feet of residential use — UP — Existing forging and stamping use — UP UP Manufacturing/processing—Light — P P Manufacturing/processing—Medium intensity (3) — P P Within 500 feet of residential use — MUP MUP Media production — P P Recycling—Large collection facility — MUP MUP 88.42.170 Recycling—Processing facility (3) — UP — 88.42.170 Recycling—Reverse vending machine P P 88.42.170 Recycling—Small collection facility MUP MUP 88.42.170 Research and development (3) — P P Scrap and dismantling yard — — — Storage—Outdoor — MUP MUP Storage—Personal storage facility (mini-storage) — MUP MUP Operating between 9:00 p.m. and 7:00 a.m. — UP UP 88.28.030. – Special Purpose Zone Land Uses and Permit Requirements. TABLE 2-4 Allowed Land Uses and Permit Requirements for Special Purpose Zones P MUP UP Permitted Use, Zoning Clearance required Minor Use Permit required Use Permit required Permit requirement set by Specific Use Exhibit A-1 S — Regulations Use not allowed LAND USE TYPE (1) PERMIT REQUIRED BY ZONE Specific Use Regulations INS OS REC AGRICULTURAL AND RESOURCE BASED USES Crop production, horticulture, orchard, vineyard — MUP — Plant nursery — MUP — Surface mining operations — UP (3) — 88.44 RECREATION, EDUCATION & PUBLIC ASSEMBLY USES Conference/convention facility UP UP(4) — Equestrian facility — UP UP Golf course — UP UP Outdoor shooting range — — — Health/fitness facility UP MUP(4) — Library, museum UP — — Meeting facility, public or private (2) UP UP(4) UP 88.42.112 Park, playground P P P School - College, university (2) UP — — 88.42.112 School - Elementary, middle, secondary (2) UP — — 88.42.112 School - Specialized education/training (2) UP — — 88.42.112 Sports and entertainment assembly (2) UP — — Studio - Art, dance, martial arts, music, etc. UP — — Theater (2) UP — — Visitor/interpretive center or booth — UP — RESIDENTIAL USES Caretaker/manager unit — MUP(4) — Home occupation — P — Cottage food home occupation — P — 88.42.105 Exhibit A-1 Single-family dwelling — MUP — RETAIL SALES Alcoholic beverage sales UP UP(4) UP Bar/tavern — UP(4) — General retail, except with any of the following features: Floor area over 50,000 sf UP(5) — — Night club (2) — UP(4) — Restaurant, cafe, coffee shop — MUP(4) — 88.42.030 SERVICES - BUSINESS, FINANCIAL, PROFESSIONAL ATM — P(4) — Medical services - Extended care (2) UP — — Medical services - Hospital UP — — Office - Accessory P P(4) P Office - Government P — — SERVICES - GENERAL Day care center - Child or adult UP UP(4) UP 88.42.060 Lodging - Hotel or motel — UP(4) — Public safety facility (2) — P(4) — TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE Parking facility, public or commercial UP — — Telecommunications facility S S S 88.46 Transit station or terminal UP — — Utility facility (2) P MUP(4) — 88.30.070. – Trash Enclosure Requirements. D. Enclosure Requirements. Storage areas shall be fully enclosed by a six-foot solid enclosure that is architecturally compatible with adjacent structures. Exhibit A-1 1. Enclosed solid waste collection areas shall be conveniently located and shall be an integral part of the architectural development and be of the same architectural style of the development/building by the use of colors, materials, and design. 2. The dimensions and materials of the enclosure shall comply with standards provided by the Building Division. 3. Provided with a covering or roof for security (to prevent scavenging and/or dumping). The roof shall provide adequate clearance to allow complete access to the waste bins, but should not exceed eight feet in height. Open areas between the solid wall and the roof shall also be secured. The roof material and color shall also be architecturally compatible with adjacent structures. 4. Landscaping shall be provided to soften and screen the enclosure in compliance with Chapter 88.34 (Landscaping Standards). 5. Where feasible, the trash enclosure gates and bins shall not open directly onto the public right- of-way. 88.36.100. – Driveways and Site Access. Each driveway providing site access from a street, alley, or other public right-of-way shall be designed, constructed, and permanently maintained as follows. A. Number of Driveways. 1. Single-Family Dwellings. A parcel with a single-family dwelling shall be allowed only one driveway, unless authorized by minor use permit. The driveway must lead to either a garage or parking space (if the space was the result of an ADU/JADU or Urban Lot Split development). The dedicated parking space is not permitted in the required front setback area and will need to be behind the front façade of the front dwelling. 2. Multi-Family and Nonresidential Projects. a. A parcel with a multi-family or nonresidential project shall be limited to a maximum of two driveways, unless the review authority determines that more than two driveways are required to accommodate the traffic anticipated for the project. In making its determination, the review authority may consider any relevant information (e.g., a traffic analysis) provided by the applicant. b. Whenever a property has access to more than one street, access shall be generally limited to the lowest volume street where the impact of a new access will be minimized. 88.70.020. – Definitions of Specialized Terms and Phrases. Donation Drop-Off Bins. Any receptacle or container located outside of an enclosed building and designed, intended, or used for collection and temporary storage of donated items or materials including, but not limited to, clothing, shoes, books, toys, furniture, household materials, and other like items. Donation drop-off bins are also known as donation collection bins/boxes, charity bins/boxes, clothing bins/boxes, clothing donation containers, or any combination thereof. Recycling Facility. This land use type includes a variety of facilities involved with the collection, sorting and processing of recyclable materials. Exhibit A-1 1. Collection Facility. A center where the public may donate, redeem or sell recyclable materials, which may include the following, where allowed by the applicable zoning district: a. Small Collection Facility i. Includes reverse vending machines; ii. Small collection facilities which occupy an area of 600 square feet or less; iii. May include a mobile unit; iv. May include a donation drop-off bin. See also “Donation Drop-Off Bins”. b. Large Collection Facility. Large collection facilities occupy an area of more than 600 square feet and/or include permanent structures. 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) Land Use Regulation Operating between 11:00 pm and 6:00 am MUP - 1 - ORDINANCE NO. 2025-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA AMENDING SECTIONS 88.24.005 (ALLOWED USES IN DISTRICTS), 88.28.030 (SPECIAL PURPOSE ZONE LAND USES AND PERMIT REQUIREMENTS), 88.30.070 (TRASH ENCLOSURE REQUIREMENTS), (DRIVEWAYS AND SITE ACCESS), AND SECTION 88.70.020 (DEFINITIONS OF SPECIALIZED TERMS AND PHRASES). ADDITIONALLY, AN AMENDMENT TO THE TOD SPECIFIC PLAN TO EXPAND THE STANDARD OPERATING HOURS IN THE DOWNTOWN AND DOWNTOWN EXPANSION DISTRICTS. LASTLY, TO DETERMINE THAT THE AMENDMENTS ARE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE SECTION 21080.17. WHEREAS, the City of Azusa, California (“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 Transit Oriented Development (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 26, 2025, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning this proposed Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and WHEREAS, on July 21, 2025, the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City’s Planning Commission; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred. - 2 - NOW, THEREFORE, the City Council of the City of Azusa does ordain as follows: SECTION 1. Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council. SECTION 2. CEQA. 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. SECTION 3. General Plan. The City Council hereby finds that the adoption of the Ordinance is consistent with the General Plan as a matter of law under Government Code section 66314(c). SECTION 4. Findings. That in accordance with Section 88.51.060 of the Azusa Municipal Code, the City Council approves said Code Amendment No. 260 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 amendments to Chapter 88 (Development Code) of the Azusa Municipal Code and the TOD Specific Plan are consistent with the goals, policies, and objectives of the General Plan below: General 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 proposed changes would provide clarification and ensure consistency for future development. TOD Specific Plan Economic Development Principle ED-1: Provide zoning and land use regulations to support future market-driven revitalization and investment. Expanding the standard operating hours in the Downtown and Downtown Expansion Districts will not only encourage future business from locating to the city, it will also assist existing businesses in the downtown area revitalize the nighttime activity. It will liven the pedestrian environment which is a goal for the downtown area. - 3 - 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 would not adversely affect surrounding properties. SECTION 5. Code Amendment. Chapter 88 of the City of Azusa Municipal Code and the TOD Specific Plan are hereby amended and restated to read in its entirety as provided in Exhibit “A-1,” attached hereto and incorporated herein by reference. SECTION 6. Effective Date. This Ordinance takes effect 30 days after its adoption. SECTION 7. HCD Submittal. In accordance with Government Code section 66326, the City Clerk is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after 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. SECTION 9. 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 10. 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. (Continues on next page) - 4 - PASSED, APPROVED and ADOPTED this 18th day of August, 2025 ________________________________ Robert Gonzales Mayor ATTEST: ________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Ordinance No. 2025-05, was duly introduced and placed upon first reading at a regular meeting of the Azusa City Council on the 21st day of July 2025 and that thereafter, said Ordinance No. 2025-05 was duly adopted and passed at a regular meeting of the Azusa City Council on the 18th day of August 2025 by the following vote wit: AYES: NOES: ABSENT: ___________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk APPROVED AS TO FORM: ___________________________________ City Attorney - 5 - EXHIBIT A-1 Amended Azusa Municipal Code and TOD Specific Plan (follows this page)