Chapter 88.42 — STANDARD FOR SPECIFIC LAND USES — Azusa Zoning Code

88.42.010. - Purpose and Applicability. ¶

A.

Purpose. This chapter provides site planning, development, and/or operating standards for certain land uses that are allowed by Article 2 (Urban Standards) within individual or multiple zones, and for activities that require special standards to mitigate their potential adverse impacts.

B.

Applicability. The land uses and activities covered by this chapter shall comply with the provisions of the sections applicable to the specific use, in addition to all other applicable provisions of this Development Code.

1.

Where Allowed. The uses that are subject to the standards in this chapter shall be located only where allowed by Article 2 (Urban Standards).

2.

Planning Permit Requirements. The uses that are subject to the standards in this chapter shall be authorized by the planning permit required by Article 2, except where a planning permit requirement is established by this chapter for a specific use.

3.

Development Standards. The standards for specific uses in this chapter supplement and are required in addition to those in Articles 2, and 3 (Site, Development, and Operational Standards).

The applicability of the standards in this chapter to the specific land uses listed is determined by Article 2 (Urban Standards)

b.

In the event of any conflict between the requirements of this chapter and those of Articles 2 or 3, the requirements of this chapter shall control.

88.42.020. - Accessory Structures. ¶

Where allowed by Article 2 (Urban Standards), accessory structures shall comply with the regulations of this section. Telecommunications facilities are instead subject to the requirements of Chapter 88.46 (Telecommunications Facilities).

A.

Limitation on Location. An accessory structure shall not be permitted in a front yard.

B.

Height Limit. An accessory structure shall be not exceed a height of one story or 20 feet, whichever is less.

C.

Setbacks. An accessory structure shall comply with the following setback requirements.

1.

Rear Yard Setback.

a.

Lots without rear alley access. A detached accessory structure shall not cover more than 35 percent of a required rear setback area and shall be set back a minimum of three feet from the rear lot line. The wall facing the rear lot line shall have no openings, unless the rear lot line abuts an alley.

b.

Lots with rear alley access. For lots with rear alley access, a detached garage which provides vehicular access to the alley only shall not cover more than 80 percent of the rear setback area and shall be set back a minimum of three feet from the rear lot line.

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88.42.020 Figure 4-1 ¶

2.

Side Yard Setbacks. In interior side yards, detached accessory structures may be set back three feet from the side property line, if the structure is set back a minimum distance of 75 feet from the front lot line. If the structure is set back less than 75 feet from the front lot line, the structure shall be set back five feet from the side yard set back. On a reverse corner lot, accessory structures shall be set back from the street at the same or greater distance as the setback line for the adjacent key lot (see Figure 4-1). No accessory structure shall be permitted within a street side yard of a corner lot.

3.

Separation Between Structures. Each accessory structure shall be set back from any other structure on the site by a minimum of ten feet unless the accessory structure is an existing garage connected to the main house by a breezeway.

D.

Reserved.

E.

Tents and Portable Shelter Structures. The use of tents and other temporary and portable shelter structures may not be allowed in the front setback of residential districts but may be allowed in rear yard areas not visible from the street or public right-of-way.

F.

Bathrooms in Detached Garages. Bathrooms shall not be permitted within detached garages unless the garage is located adjacent to a permanent swimming pool.

(Ord. No. 06-O6, § 1B, 8-7-06; Ord. No. 08-O7, § 10, 6-16-08; Ord. No. 10-O1, § 13, 3-1-10; Ord. No. 2017-14, § 7, 12-18-17; Ord. No. 2020-02, § 3, 2-3-20)

88.42.030. - Alcoholic Beverage Sales. ¶

Where allowed by Article 2 (Urban Standards), alcoholic beverage sales shall comply with the regulations of this section.

A.

Criteria to be Considered. In determining whether to approve a use permit for alcoholic beverage sales and the conditions to impose on the use, the commission shall consider the following, and make findings regarding each of these issues:

1.

The nature and use of real property within 500 feet of the use, and in particular, the location of similar nearby uses and the location of residences, parks, schools, and religious facilities;

2.

Appropriate measures to provide proper maintenance of the building exterior, including keeping the premises free of junk, litter, and debris;

3.

Lighting of exterior areas, including parking lots, to discourage loitering activities outside of the buildings;

4.

Protection of persons residing on or using adjacent properties from noise, illegal activity, odors, and undue light and glare;

5.

Provision of onsite security, both inside and outside the building, to satisfy any concerns raised by the police department;

6.

Adequacy of off-street parking provided for the use;

7.

Hours of operation;

8.

Controls on occupancy limits inside the building and loitering outside of the building;

9.

Prevention of adverse effect of the use on value of adjacent properties; and

10.

Whether approval would result in an undue concentration of these uses, and whether public convenience or necessity would mitigate the issue of undue concentration.

B.

Conditions of Approval. In approving a use permit to establish a use selling alcoholic beverages, the commission may impose conditions on the use to ensure that the use operates in a manner that provides adequate protection of the general health, safety, and community welfare.

C.

Sale of Alcoholic Beverages at Service Stations. The following regulations shall apply to all service stations selling alcoholic beverages:

1.

The sale of alcoholic beverages shall not be permitted at any service station located within a corridor designated by Article 2 (Urban Standards).

2.

No beer or wine shall be displayed within five feet of the cash register or the front door, unless such beverages are contained within a permanently affixed cooler in existence on or before January 1, 1988.

3.

The advertisement of alcoholic beverages shall not be permitted at motor fuel islands nor a drive-up window.

4.

The display of beer or wine in an ice tub shall not be permitted.

5.

Self-illuminated advertising for beer or wine shall not be permitted on buildings or in windows.

6.

Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age to sell beer and wine.

7.

Single container sales of multiple-pack alcoholic beverages are prohibited.

D.

Food Service Requirement for Bars, Taverns, Nightclubs.

Purpose. The city intends that bars, taverns, and nightclubs be high quality, socially diverse establishments where all patrons will feel safe. The requirements in this subsection are intended to provide for services beyond alcoholic beverage service and/or entertainment, to attract a wider range of patrons than may be the case in an establishment limited to alcoholic beverage service.

2.

Food Service Required. Each bar, tavern, and nightclub shall be designed and operated to provide food prepared to order on the premises, throughout the hours when the business is open to the public. Menus shall include, at minimum, lunch and dinner options.

3.

Conditions of Approval. The review authority for the use permit required for each establishment by Article 2 (Urban Standards) shall apply conditions of approval to ensure that:

a.

The food service requirement in subsection D.2 is implemented through the provision of an on-site commercial kitchen including food storage, preparation, cooking, and cleanup facilities in compliance with applicable health department regulations; and

b.

Food service is marketed, provided, and maintained so that food service revenue constitutes a minimum of 25 percent of the establishment's annual gross receipts, as determined by an annual review of the establishment's accounting records by city staff.

The conditions of approval applied by the review authority shall also provide that the use permit approval and business license for the establishment shall be subject to revocation by the city if the establishment fails to comply with the requirements of this section and all applicable conditions of approval.

88.42.035. - Marijuana Uses. ¶

A. PURPOSE.

The purpose of this section is to regulate personal, medical, and commercial marijuana uses. Nothing in this section shall preempt or make inapplicable any provision of state or federal law.

B. DEFINITIONS.

For purposes of this section, the following definitions shall apply:

1.

Commercial marijuana activity includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery or sale of marijuana and marijuana products.

2.

Cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.

3.

Cultivation area includes the area where marijuana plants are cultivated, cultivation-related materials and supplies are stored, and any marijuana processed from the cultivation in excess of 28.5 grams.

4.

Day care means a facility, center, or home requiring a license that is issued by the State of California which provides for the care, health, safety, supervision, or guidance of a child's social, emotional, and educational growth on a regular basis, in a place other than the child's own home, or any facility meeting the definition of California Health and Safety Code Section 1596.76

5.

Delivery means the commercial transfer of marijuana or marijuana products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under California law, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products.

6.

Directly engage in cultivation means to handle the marijuana plants in the cultivation process.

7.

Distribution means the procurement, sale, and transport of marijuana and marijuana products between entities for commercial use purposes.

8.

Group Home means any community care facility regulated and licensed by a Federal and/or State agency. Unlicensed community care facilities or those community care facilities the regulation of which is not otherwise preempted by State or Federal law shall not constitute group homes.

9.

Indirectly engage in cultivation means to assist, even if not handling marijuana plants, in the cultivation process.

Licensee means the holder of any state issued license related to marijuana activities, including but not limited to licenses issued under Division 10 of the Business & Professions Code.

11.

Manufacture means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.

12.

Marijuana means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include:

(a)

Industrial hemp, as defined in Section 11018.5 of the California Health & Safety Code; or

(b)

The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.

13.

Marijuana accessories means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana or marijuana products into the human body.

14.

Marijuana products means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients.

15.

Person includes any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

16.

Personal Use means to possess, use, or give away to persons 21 years of age or older without any compensation whatsoever.

(b)

Application for a Different Cultivation Area in the Same Residence.

If a permit holder applies for an RIMC Permit for the residence on the existing permit, but for cultivation area other than specified on the existing permit, the existing permit will terminate upon approval of the application.

8.

No Sale or Transfer. A RIMC Permit may not be transferred, sold, conveyed, hypothecated or encumbered.

E. MEDICAL USE.

1.

Cultivation of medical marijuana pursuant to Section 11362.77 of the California Health & Safety Code is subject to the cultivation requirements laid out in subsection (c) of this Section.

2.

The establishment or operation of any medical marijuana collective, cooperative, dispensary, delivery service, operator, establishment, or provider shall be considered a prohibited use in all zoning districts of the City. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment of any collective, cooperative, dispensary, delivery service, operator, establishment, or provider in any zoning district, and no person shall otherwise establish such businesses or operations in any zoning district.

F.

COMMERCIAL USE.

1.

The establishment or operation of any business of commercial marijuana activity is prohibited. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of any such business or operation. Such prohibited businesses or operations may include, but are not limited to:

(a)

The transportation, delivery, storage, distribution, or sale of marijuana, marijuana products, or marijuana accessories;

(b)

The cultivation of marijuana;

(c)

The manufacturing or testing or marijuana, marijuana products, or marijuana accessories; or

(d)

Any other business licensed by the state or other government entity under Division 10 of the California Business & Professions Code, as it may be amended from time to time.

G. VIOLATION.

No person, whether as principal, agent, employee or otherwise, shall violate, cause the violation of, or otherwise fail to comply with any of the requirements of this section. Every act prohibited or declared unlawful, and every failure to perform an act made mandatory by this section, shall be a misdemeanor or an infraction, at the discretion of the City Attorney or the District Attorney. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this section is declared a public nuisance and may be abated as provided in section 14-413 (Abatement) and/or under state law.

H. NO DUTY TO ENFORCE.

Nothing in this section shall be construed as imposing on the Economic and Community Development Director or his/her designee(s) or the City any duty to issue an notice to abate unlawful marijuana cultivation, nor to abate any unlawful marijuana cultivation, nor to take any other action with regard to any unlawful marijuana cultivation, and neither the Economic and Community Development Director or his/her designee(s) nor the City shall be held liable for failure to issue an order to abate any unlawful marijuana cultivation, nor for failure to abate any unlawful marijuana cultivation, nor for failure to take any other action with regard to any unlawful marijuana cultivation.

(Ord. No. 2016-O1, Exh. A, 1-19-16; Ord. No. 2017-02, § 2, 6-19-17)

Editor's note— Ord. No. 2017-02, § 2, adopted June 19, 2017, changed the title of § 88.42.035 from "Medical Marijuana Uses" to read as herein set out.

88.42.040. - Animal Keeping. ¶

Where allowed by Article 2 (Urban Standards), animal keeping shall comply with the regulations of this section.

A.

Type and Number of Animals Allowed. The keeping of animals and poultry for non-commercial purposes shall be limited to the following number of animals. Any animal or number of animals other than the following shall be prohibited.

1.

Three weaned dogs;

Three weaned cats;

3.

Six parakeets, parrots, canaries, or similar birds kept indoors;

4.

Five female chickens, ducks, geese, or other poultry over 12 weeks of age, or 15 chicks under 12 weeks of age;

5.

Six homing pigeons;

6.

Four rabbits over 12 weeks of age;

7.

Six reptiles (turtles, lizards or snakes and the like);

8.

One pot bellied pig;

9.

One horse, one cow, or one goat, provided the lot has a minimum area of one acre. Additional animals may be permitted subject to the issuance of a use permit in compliance with the provisions of Chapter 88.51.050.

B.

Location Requirements.

1.

Poultry or rabbits maintained on a property out of doors shall be kept in a fully enclosed structure located a minimum distance of 20 feet from any lot line, 50 feet from any dwelling unit, and 100 feet from any school, hospital, or similar institution.

2.

A pasture or stable housing a horse, cow, or goat shall be located a minimum distance of 50 feet from any lot line and 100 feet from any dwelling unit.

(Ord. No. 06-O6, § 1B, 8-7-06)

88.42.050. - Auto Wrecking and Junk Yards. ¶

Each existing, nonconforming automobile wrecking yard, recycling and/or scrap yard shall comply with following requirements.

A.

No New Uses Permitted. Only an automobile wrecking yard, scrap, and/or junk yard that existed prior to December 4, 1996 shall be permitted. These automobile wrecking and junkyards are allowed only in the West End District, subject to specific site development and operational requirements established in this section.

B.

Fences and Walls. Each existing automobile wrecking yard, scrap and junk yard shall comply with the following fence and wall requirements instead of those in Section 88.30.020 (Fences, Walls, and Screening).

1.

Enclosure and Screening Required. Each outdoor storage area and outdoor wrecking equipment used in conducting the business shall be enclosed by a solid wall or fence.

a.

When two or more wrecking yards or junk yards share a common boundary line, the solid wall or fence shall not be required on the common boundary line, provided a solid wall or fence encloses the entire combined area devoted to the uses.

b.

Wherever any side of the property is open to view from a public street or highway, or from any area zoned for an agricultural, residential, or commercial use, a solid masonry wall shall be constructed along that side of the property, unless the Commission approves other fencing or wall materials;

2.

Height Requirements. Each fence and wall shall be of a uniform height relative to the ground level at their base. They shall have a minimum height of eight feet and a maximum height of 16 feet;

3.

Setback Requirements. Each fence and wall shall be set back five feet from the property line along the frontages abutting a public street or highway, or facing a more restrictive zone. The setback area shall be landscaped and irrigated and maintained in an attractive and healthy condition in compliance with subsection F. (Landscaping).

4.

Color and Materials. Each fence and wall shall be of uniform color, shall be constructed with good quality workmanship, shall be uniformly maintained, and shall consist solely of new materials.

a.

The commission may approve substitution of used materials where it determines such used materials will provide the equivalent in service, appearance, and useful life.

The use of razor wire and barbed wire as a fencing material is permitted.

5.

Gates. All yard gates shall be solid and no less than eight feet in height. Gates shall be kept closed when not in use and shall provide a pedestrian access opening, unless other pedestrian access is provided.

C.

Grading and Pavement.

1.

All aisles and drives shall be paved with a minimum three-inch-thick asphalt surface to prevent emission of dust or tracking of mud onto public rights-of-way. All areas used for dismantling or storage shall be covered with a minimum three inch thick rock base.

2.

The director may approve other paving materials that the director determines will provide the equivalent in service and useful life. The director may also modify the requirements in subsection A. within existing yards in areas where materials are stored and he or she finds no dust or mud problems would result.

D.

Drainage. All yards shall be graded to drain to the public street or as may otherwise be approved by the city engineer. Any drainage discharged onto public rights-of-way shall meet applicable National Pollution Discharge Elimination System (NPDES) program requirements.

E.

Loading Area. One off-street loading area shall be provided for each acre or partial acre of yard area. All loading areas shall be located within the walls or fences required by this section.

F.

Landscaping. Each existing automobile wrecking yard and junk yard shall comply with the following landscaping requirements, in addition to those in Chapter 88.34 (Landscaping Standards) for parking lots.

1.

All setback areas required between the public right-of-way and required fences/walls shall be fully landscaped and irrigated;

2.

Tall-growing trees, a minimum size of 15 gallons, shall be planted and maintained along side and rear yard fences/walls which abut a residential area; and

All landscaped areas required by this section shall include a fully functional irrigation system, and all landscaping shall be maintained in a neat and healthy condition.

G.

Off-Site Improvements. All public street frontages shall be fully improved with curb, gutter, sidewalk, and pavement, as directed by the city engineer.

H.

Compliance with Performance Standards. All automobile wrecking yards and junkyards shall comply with the performance standards in Section 88.31.040 (Performance Standards).

88.42.060. - Child Day Care Facilities. ¶

A.

Applicability. Where allowed by Article 2 (Urban Standards), child day care facilities shall comply with the regulations of this Section. These standards apply in addition to the other provisions of this Development Code and requirements imposed by the California Department of Social Services (DSS). DSS Licensing is required for all facilities.

B.

Definitions. Definitions of the child day care facilities regulated by this section are in Article 6 (Glossary) under "day care."

C.

Standards for Large Family Day Care Homes. As required by state law, a use permit for a large family day care home shall be approved if it complies with the following standards.

1.

Location Requirements. In order to avoid the concentration of intensive, non-residential land uses in residential neighborhoods, maintain residential character, and compatibility with adjacent residential uses, no large family day care home shall be located within 500 feet of an existing large family day care home, or child day care center. In no case shall a residential property be directly abutted by a large family day care center on two or more sides.

2.

Parking, Drop-Off Area.

a.

c.

2.

Noise. Potential noise sources shall be identified during the use permit process, and noise attenuation and sound dampening shall be addressed.

88.42.080. - Condominium Conversions. ¶

Where multi-family structures are allowed by Article 2 (Urban Standards), their conversion to condominiums shall comply with the regulations of this section.

A.

Purpose. The requirements of this section for the conversion of existing nonresidential rental units or buildings and multi-family rental housing to condominiums are intended to:

1.

Reduce the impact of conversions on residents in rental housing who may be required to relocate due to the conversion of apartments to condominiums;

2.

Ensure that the purchasers of converted nonresidential units or buildings and housing have been properly informed of the physical condition of the structure offered for purchase;

3.

Ensure that converted housing and nonresidential uses achieves high quality appearance and safety, is consistent with the goals of the general plan, and complies or is legally nonconforming with the residential density and building intensity requirements of the general plan;

4.

Attempt to provide an opportunity for housing ownership of all types, for all levels of income and in a variety of locations, and a variety of business ownership types; and

5.

Attempt to maintain a supply of rental housing for low and moderate income persons and families.

B.

Date of Conversion. As used in this section, the date of conversion for condominium conversions shall mean the date that the final map for the project is approved by the council.

C.

Permit Requirement. Use permit approval (Section 88.51.050) shall be required to convert existing dwelling units or nonresidential units or buildings to a condominium subdivision.

D.

Application Requirements. In addition to the application requirements in Section 88.50 (Planning Permit Filing and Processing), the application for a condominium conversion shall include the following.

1.

Physical Elements Report. The applicant shall provide a physical elements report, which shall include the following.

a.

Property Condition. A report detailing the condition and estimating the remaining useful life of each element of the project proposed for conversion: roofs, foundations, exterior paint, paved surfaces, mechanical systems, electrical systems, plumbing systems, including sewage systems, swimming pools, sprinkler systems for landscaping, utility delivery systems, central or community heating and air conditioning systems, fire protection systems including automatic sprinkler systems, alarm systems or standpipe systems and structural elements. The report shall be prepared by a licensed architect or by a registered civil or structural engineer other than the owner. A replacement cost shall be provided for any element with a useful life of less than five years.

b.

Structural Pest Control Report. A structural pest control report prepared by a licensed structural pest control operator in compliance with Business and Professions Code 8516; and

c.

Building History. A building history report including the following information.

(1)

The date of construction of all elements of the project.

(2)

A statement of the major uses of the project since construction.

(3)

The date and description of each major repair or renovation of any structure or structural element since the date of construction. For the purposes of this subsection, the term "major repair" means any repair for which an expenditure of more than $1,000.00 was made.

Failure to provide information required by subsections D.1.c(1) through D.1.c(3) shall be accompanied by a declaration, given under penalty of perjury, setting forth reasonable efforts undertaken to discover the information and reasons why the information cannot be obtained.

2.

Additional Information Required. The application shall also include the following information.

a.

Rental rate history for each type of unit for the previous five years;

b.

Makeup of existing tenant households, including family size, length of residence, age of tenants, and whether any tenants are receiving federal or state subsidies;

c.

Proposed sale price of unit;

d.

Proposed homeowner's association fees;

e.

Names and addresses of all tenants; and

f.

Evidence that a certified letter of notification of intent to convert was sent to each tenant for whom a signed copy of the notice is not submitted.

Failure to provide the above information shall be accompanied by declaration given under penalty of perjury setting forth reasonable efforts undertaken to discover the information and reasons why the information cannot be obtained.

3.

Fees. In addition to the application filing fees required by Section 88.50.040, a per dwelling unit filing fee, as established by council resolution, shall be required with each request for a condominium conversion.

E.

Public Hearing Notice. In addition to the public hearing notice requirements in Chapter 88.58 (Public Hearings), notice of the hearing shall be mailed to each tenant at least ten days prior to the public hearing

on the use permit application. Notice of the hearing shall also be posted on the property at least ten days prior to the hearing.

F.

Physical Development Standards. The conversion of an existing condominium shall require compliance with the following standards prior to a unit being offered for sale.

1.

Compliance with Other Codes, Standards and Policies.

a.

Each residential building shall comply with the minimum standards of city and state housing codes as of the date of conversion.

b.

Each buildings shall on the date of conversion comply with the exit and occupancy requirements and the height and area requirements for the type of construction and occupancy involved as outlined in the California Building Standards Code.

c.

Each building as of the date of conversion shall comply with all applicable requirements of this Development Code, the Municipal Code, and the goals and policies of the general plan, except where the building is nonconforming in compliance with Chapter 88.54 (Nonconforming Uses, Structures, and Parcels).

d.

Each condominium project shall comply with all applicable provisions of the Subdivision Map Act (Government Code 66410 et seq.).

2.

Utility Metering.

a.

The consumption of water, gas, and electricity within each unit shall be separately metered so that the unit owner can be separately billed for each utility. A water shutoff valve shall be provided for each unit and plumbing fixture. Each unit shall have access which shall not require entry through another unit to its own meter and heater.

b.

Each unit shall have its own panel or access thereto for all electrical circuits which serve the unit.

Condition of Equipment and Appliances. The applicant shall provide written certification to the buyer of each unit on the initial sale after conversion that any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks, and air conditioners that are provided are in proper working condition as of the close of escrow. At such time as the homeowner's association takes over management of the development, the applicant shall provide written certification to the association that any pool and pool equipment and any appliances and mechanical equipment to be owned in common by the association are in proper working condition.

4.

Refurbishing and Restoration. All main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas, irrigation systems, and additional elements as required by the use permit shall be refurbished and restored as necessary to achieve high quality appearance and safety.

5.

Common Attic Area. All common attic areas over individual dwelling units shall be separated by soundrated assemblies from the top of wall to bottom of roof sheathing over all common or party walls, and the appropriate access to each attic space shall be provided in compliance with the California Building Standards Code.

G.

Tenant Rights.

1.

Notice of Intent. A notice of intent to convert shall be delivered to each tenant's dwelling unit. Evidence of delivery shall be submitted with the application for conversion. The form of notice shall be as approved by the director and shall contain not less than the following:

a.

Name and address of current owner;

b.

Name and address of the proposed subdivider;

c.

Approximate date on which the use permit application is to be filed;

d.

Approximate date on which the tentative map is proposed to be filed;

e.

Approximate date on which the final map or parcel map is to be filed;

f.

Approximate date on which the use is to be vacated by non-purchasing tenants;

Tenant's right to purchase;

h.

Tenant's right of notification to vacate;

i.

Tenant's right of termination of lease;

j.

Statement of limitations on rent increase;

k.

Provision for special cases; and

l.

Provision of moving expenses.

2.

Tenant's Right to Purchase. As provided in Government Code 66427.1D., any present tenant of any unit shall be given a nontransferable right of first refusal to purchase the unit occupied at a price no greater than the price offered to the general public. The right of first refusal shall extend for at least 90 days from the date of issuance of the subdivision public report or commencement of sales, whichever date is later.

H.

Vacation of Units. Each non-purchasing tenant not in default under the obligations of the rental agreement or lease under which he occupies his unit shall have not less than 180 days from the date of receipt of notification from the owner of his intent to convert, or from the filing date of the final subdivision map, whichever date is later, to find substitute housing and to relocate. Once notice of intent to convert is served to a tenant, any existing long-term lease agreement may be rescinded by the tenant without penalty. Notification of such termination shall be submitted in writing to the landlord 30 days prior to the termination of the lease.

I.

Increase in Rents. From the date of approval of the tentative map until the date of conversion, no tenant's rent shall be increased more frequently than once every six months, and at a rate not greater than 50

percent of the rate of increase in the Consumer Price Index (all items, Los Angeles—Long Beach), on an annualized basis, for the same period. This limitation shall not apply if rent increases are provided for in leases or contracts in existence prior to the filing date of the tentative map.

J.

Moving Expenses. The subdivider shall provide moving expenses of one and one-half times the monthly rent, but in no case less than $500.00, to any tenant who relocates from the building to be converted after approval of the condominium conversion by the city, except when the tenant has given notice of his intent to move prior to receipt of notification from the subdivider of his intent to convert.

K.

Notice to New Tenants. After submittal of the application to convert, any prospective tenants shall be notified in writing of the intent to convert prior to leasing or renting any unit and shall not be subject to subsections D. and E. of this section.

L.

Copy to Buyers. For a condominium conversion, the original owner shall provide each purchaser with a copy of all reports, in their final, acceptable form, along with the department of real estate white report, prior to the purchaser's completing an escrow agreement or other contract to purchase a unit in the project, and the developer shall give the purchaser sufficient time to review the reports. Copies of the reports shall be made available at all times at the sales office and shall be posted at various locations, as approved by the city, at the project site.

(Ord. No. 06-O6, § 1B, 8-7-06)

88.42.082. - Emergency Shelters. ¶

A.

Purpose. Consistent with Government Code § 65582, 65583(a) and 65589.5, all California cities are required identify a zone in which to permit emergency shelters as a matter of right. The purpose of regulating the siting of emergency shelters is to ensure the development of emergency shelters do not adversely impact adjacent parcels or the surrounding neighborhood, and shall be developed in a manner which protects the health, safety, and general welfare of nearby residents and businesses while providing for the housing needs of the homeless.

B.

Use Standards.

1.

The emergency shelter shall contain a maximum of 30 beds and shall serve no more than 30 homeless persons at any one time.

Occupancy by an individual or family may not exceed 180 consecutive days unless the management plan provides for longer residency by those enrolled and regularly participating in a training or rehabilitation program. Services shall be provided to assist residents to obtain permanent shelter, income, and services. No individual or household may be denied emergency shelter because of an inability to pay.

3.

Adequate external lighting shall be provided for security purposes. The lighting shall be stationary and directed away from adjacent properties and public rights-of-way. The intensity shall comply with standard city performance standards for outdoor lighting.

4.

Onsite management of the facility shall be required during all open hours of operation.

5.

The emergency shelter provider/operator shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, transportation issues, security, screening to ensure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents.

6.

The emergency shelter facility shall demonstrate that it is in and maintains in good standing with County and/or State licenses, if required by these agencies for the owner(s), operator(s), and/or staff on the proposed facility.

C.

Development Standards. The development standards set forth Article 3 for the zone in which the emergency shelter is located shall apply, unless otherwise specified here.

1.

No more than one emergency shelter shall be permitted within a radius of 300 feet of another such facility.

2.

Interior on-site waiting and client intake areas must be at least 200 square feet. Outdoor onsite waiting areas may be a maximum of 100 square feet, and must be located within 50 feet of the public right-of-way.

3.

Parking and outdoor facilities shall be designed to provide security for residents, visitors, and employees.

4.

The development may provide one or more of the following specific common facilities for the exclusive use of the residents:

a.

Central cooking and dining room(s)

b.

Recreation room

c.

Counseling center

d.

Child care facilities

e.

Other support services

5.

On-site parking for emergency shelters shall be provided as set forth in Chapter 88.36.

(Ord. No. 11-O4, § 2, 4-18-11)

88.42.090. - Funeral Merchandise. ¶

Where allowed by Article 2 (Urban Standards), the sale of funeral merchandise shall comply with the regulations of this section. For purposes of this section, funeral merchandise shall include all retail and wholesale sales of caskets, cremation urns, headstones, grave markers, and burial vaults.

A.

Criteria to be Considered. In determining whether to approve a use permit application for funeral merchandise sales and the conditions to impose on the use, the commission shall consider the nature and use of property within 500 feet of the use, and in particular, the location of similar nearby uses and the location and potential impact on residences, parks, schools, churches, and other businesses and sites that may be adversely effected by the use.

B.

Display. The public display of funeral merchandise so as to be visible from outside the building shall be prohibited.

C.

Conditions of Approval. In the absence of state standards for consumer protection, the commission may impose any additional conditions deemed necessary to protect the public from fraud or misrepresentation including the requirement that preened sales funds be place in a trust account, or that some other form of financial assurance to the consumer be provided.

(Ord. No. 06-O6, § 1B, 8-7-06)

88.42.100. - Home Occupations. ¶

Where allowed by Article 2 (Urban Standards), home occupations shall comply with the regulations of this section. The operation of a large family day care home in a single-family dwelling is instead subject to the requirements of Section 88.42.060 (Child Day Care Facilities).

A.

Purpose. The requirements of this section are intended to:

1.

Recognize that a residential property owner or resident has a limited right to conduct a non-obtrusive business from his residence, and that the average neighbor will generally prefer to have that business conducted in such a fashion that he is unaware of its existence;

2.

Maintain the residential character of residential neighborhoods;

3.

Prevent the use of home occupations from transforming a residential neighborhood into a commercial one; and

4.

Encourage and promote efforts to reduce traffic congestion and generation of pollutants by allowing and recognizing changing work environments including telecommuting and work-at-home options.

B.

Performance Standards. A home occupation is a use that generally does not interrupt or interfere with the general nature or residential character of the residential neighborhood. Any low-intensity use is permitted as a home occupation, provided that the use complies with all of the following performance standards:

1.

A business license shall be obtained for the home occupation;

2.

The primary use of the unit shall be as a dwelling;

3.

No person, other than a resident of the dwelling unit, shall be engaged in commercial use or employed in the home occupation;

No sign shall be displayed on the premises advertising the business conducted in the dwelling;

5.

No mechanical equipment shall be used other than that necessarily, ordinarily, and customarily used for household or leisure purposes;

6.

No commodities or products shall be sold on the premises;

7.

No outside storage, display of materials or products, or operations shall occur on the premises;

8.

No alteration of the residential appearance of the premises shall be allowed;

9.

No processes shall be used which pose potential hazards to public health, safety, or general welfare;

10.

Visitors, customers, or deliveries shall not exceed that normally and reasonably occurring for a residence;

11.

The home occupation shall not displace nor impede use of parking spaces required by this Chapter for the residential use;

12.

Activities conducted and equipment and materials use shall not change the fire safety or occupancy classification of the premises;

13.

No offensive odors shall be emitted;

14.

The home occupation shall comply with the city noise standards in Section 88.31.020; and

15.

Any required garage parking area shall not be converted into a work area or storage area for the home occupation.

C.

Nonconforming Uses. A home occupation shall not be considered a nonconforming use if the occupant revises the home occupation to comply with all applicable provisions of this section.

(Ord. No. 06-O6, § 1B, 8-7-06)

88.42.105. - Cottage Food Home Occupations. ¶

Where allowed by Article 2 (Urban Standards) of Chapter 88, cottage food home occupation businesses shall comply with the regulations of this section in addition to those regulations set forth and enforced by the County of Los Angeles Department of Public Health.

A.

PURPOSE. The requirements of this section are intended to:

1.

Implement the California Homemade Food Act (AB 1616).

2.

Recognize that a residential property owner or resident has a limited right to conduct an un-obtrusive cottage food home occupation business from his or her residence, and recognize that the business should be conducted in such a manner that has little- to no impact on surrounding residents.

3.

Preserve the residential character of residential neighborhoods, where cottage food home occupations operate.

4.

Prevent the operation of a cottage food home occupation business from transforming a residential neighborhood into a commercial one; and

5.

Administer well-articulated operating standards and minimum site standards to implement a predictable permitting process for the establishment of cottage food home occupation businesses.

6.

Institute the Zoning Clearance Planning approval process for the approval of all cottage food home occupation businesses in addition to the required business license application.

B.

APPROVAL PROCESS.

1.

A cottage food home occupation business license application and a zoning clearance application shall be submitted on forms provided by the City of Azusa Planning and Business License Divisions. Upon submittal, the Community Development Director or his/her designee will review the applications at the public counter and may require additional information to confirm full compliance with this Chapter. A site plan/floor plan of the residence shall be provided to the Planning Division to demonstrate an adequate parking space is provided and that the rooms dedicated to the cottage food home occupation are limited to the kitchen plus one additional room (including storage).

2.

Applicant shall supply written proof that the cottage food home occupation business has been registered with the Los Angeles County Department of Public Health.

3.

Applicant shall pay zoning clearance and cottage food home occupation business license fees associated with the City's review and processing of the applications. Said fees shall not exceed the City's cost of administering the review and permitting processes.

4.

If the applications do not comply with the provisions set forth in this Chapter, the Community Development Director may deny the applications, or a revision may be required in order to meet the provisions of this chapter prior to approval of the application.

5.

Approval granted by the City for the operation of a cottage food home occupation business may be revoked by the City if at any time the use is found to be out of compliance with the provisions of this Chapter or County of Los Angeles Department of Public Health requirements.

6.

Cottage food home occupation business licenses are nontransferable.

C.

PERFORMANCE STANDARDS. A cottage food home occupation shall be allowed to operate from a legally established residential dwelling unit as an accessory use to the primary residential use of the dwelling, provided that the use complies with all of the following performance standards:

1.

Location Requirements:

a.

A cottage food home occupation business shall be allowed to operate from a legally established singlefamily or multi-family residential dwelling unit located in the applicable zones identified in Article 2 (Urban Standards) of Chapter 88.

b.

If the cottage food home occupation business operator is not the owner of the residence where the business will be conducted, the property owner's or apartment manager's written authorization shall be submitted with the application for a cottage food home occupation.

c.

If the cottage food home occupation business will be conducted in a residential dwelling located within a development subject to Homeowners Association CC&R's, the applicant shall provide written authorization from the HOA.

d.

Each cottage food home occupation business license applicant shall demonstrate on a site plan, at least one adequate parking space is available to accommodate customers and deliveries. This required parking space shall not impede vehicular traffic or circulation, and shall not block a driveway or sidewalk. A residential driveway space of an appropriate size and/or a designated guest parking space within a multifamily development may satisfy this requirement.

2.

Operating Standards:

a.

Cottage food home operations existing prior to this ordinance must obtain zoning clearance approval and a business license within thirty (30) days of the effective date of the ordinance.

b.

Cottage food home occupation businesses shall not operate before securing all required permits and approvals from the County of Los Angeles Department of Public Health.

c.

The cottage food home occupation use shall utilize only the kitchen and one additional room inside the residence (including storage areas), which have been permitted and inspected by the County of Los Angeles Department of Public Health.

d.

A cottage food home occupation business is permitted to produce foods that are defined as "nonpotentially hazardous" by the State of California Department of Public health. A current list of approved cottage food products is maintained on the California Department of Public Health's website and may be updated from time to time.

e.

The cottage food operator must be a primary resident of the home where the cottage food home occupation business operates. A maximum of one (1) full-time employee, exclusive of family/household members, may be employed by the cottage food home occupation business at the residence.

f.

A cottage food home occupation business is permitted to conduct direct sales (as defined by Health & Safety Code Section 113758) from the home between the hours of 9:00 a.m. and 6:00 p.m. daily.

g.

Direct sales from the home shall not be conducted from an attached garage, accessory residential structure, or any place outside of the residential dwelling.

h.

On-site dining and customer loitering is prohibited. No more than one customer may be allowed at the site at any given time.

i.

At least one (1) parking space is required to accommodate customers and deliveries. This required parking space shall not impede vehicular traffic or circulation, and shall not block a driveway or sidewalk. A residential driveway space of an appropriate size and/or a designated guest parking space within a multifamily development may satisfy this requirement.

j.

Operation of the cottage food home occupation business shall not occupy any required parking for the residential dwelling i.e., required garage parking.

k.

Delivery and loading vehicles shall not illegally park or sit idling, and shall not impede vehicular traffic or circulation at any time.

l.

The cottage food home occupation business shall not generate obnoxious odors, fumes or emissions that are perceptible without instruments by a reasonable person at or beyond the property line of the site.

m.

The cottage food home occupation business shall comply with the noise standards for residential zones as identified in Chapter 88.31.020 of the Azusa Development Code.

(Ord. No. 14-O4, § 3, 7-21-14)

88.42.110. - Live/Work Units. ¶

A.

Purpose. This section provides standards for the development of new live/work units and for the reuse of existing commercial and industrial structures to accommodate live/work opportunities where allowed by Article 2 (Urban Standards). A live/work unit shall function predominantly as work space with incidental residential accommodations that meet basic habitability requirements. The standards of this section do not apply to mixed use projects, which are instead subject to Section 88.42.100 (Mixed Use Projects).

B.

Application Requirements. An application for city approval of a live/work unit shall include a Phase I environmental assessment for the site, including an expanded site investigation to determine whether lead based paint and asbestos hazards are present in an existing structure proposed for conversion to live/work. The purpose of this requirement is to assess whether there are any hazardous or toxic materials on the site that could pose a health risk to the residents. If the Phase I assessment shows potential health risks, a Phase 2 environmental assessment shall be prepared and submitted to the department in order to determine if remediation may be required.

C.

Limitations on Use. The nonresidential component of a live/work project shall only be a use allowed within the applicable zoning district. A live/work unit shall not be established or used in conjunction with any of the following activities:

1.

Adult businesses;

2.

Vehicle sales, maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, etc.);

3.

Storage and use of flammable liquids or hazardous materials beyond that normally associated with a residential use;

4.

Welding, machining, or any open flame work; and

5.

Any other activity or use, as determined by the director to not be compatible with residential activities and/or to have the possibility of affecting the health or safety of live/work unit residents, because of the likelihood that the use will create dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or would be hazardous because of materials, processes, products, or wastes.

Residential Density. Live/work units shall not exceed the residential density allowed within the applicable zone by Article 2 (Urban Standards).

E.

Occupancy Requirement. The residential space within a live/work unit shall be occupied by at least one individual employed in the business conducted within the live/work unit.

F.

Design Standards.

1.

Floor Area Requirements. The minimum net total floor area of a live/work unit shall be 1,000 square feet. No more than 30 percent or 400 square feet, whichever is greater, shall be reserved for living space as defined under "live/work unit" in Article 6 (Glossary). All floor area other than that reserved for living space shall be reserved and regularly used for working space.

2.

Access. Access to each live/work unit shall be provided from a public street, or common access areas, corridors, or halls. The access to each unit shall be clearly separate from other live/work units or other uses within the structure.

3.

Facilities for Commercial Activities, Location. A live/work unit shall be designed to accommodate commercial uses as evidenced by the provision of flooring, interior storage, ventilation, and other physical improvements of the type commonly found in exclusively commercial facilities used for the same work activity. The ground floor frontage of a live/work unit shall be used only for non-residential purposes.

4.

Integration of Living and Working Space. Areas within a live/work unit that are designated as living space shall be an integral part of the live/work unit and not separated from the work space. The living space of a live/work unit shall be accessed only by means of an interior connection from the work space, and shall have no exterior access except as required by the California Building Standards Code. See Figure 4-2.

5.

Mixed Occupancy Structures. If a structure contains mixed occupancies of live/work units and other nonresidential uses, occupancies other than live/work shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the live/work units and other occupancies, as determined by the building official.

6.

Parking. Each live/work unit shall be provided with at least two off-street parking spaces. The review authority may modify this requirement for the use of existing structures with limited parking.

G. Operating Requirements.

1.

Sale or Rental of Portions of Unit. No portion of a live/work unit may be separately rented or sold as a commercial or industrial space for any person not living in the premises or as a residential space for any person not working in the same unit.

2.

Notice to Occupants. The owner or developer of any structure containing live/work units shall provide written notice to all live/work occupants and users that the surrounding area may be subject to levels of dust, fumes, noise, or other effects associated with commercial and industrial uses at higher levels

than would be expected in more typical residential areas. State and federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial or industrial properties in the applicable zoning district.

==> picture [156 x 279] intentionally omitted <==

Figure 4-2 - Examples of Live/Work Space Arrangements

3.

On-Premises Sales. On-premises sales of goods is limited to those produced within the live/work unit; provided, the retail sales activity shall be incidental to the primary production work within the unit. These provisions shall allow occasional open studio programs and gallery shows.

4.

Nonresident Employees. Up to two persons who do not reside in the live/work unit may work in the unit, unless this employment is prohibited or limited by the use permit. The employment of three or more persons who do not reside in the live/work unit may be allowed, subject to use permit approval, based on an additional finding that the employment will not adversely affect parking and traffic conditions in the immediate vicinity of the unit.

5.

Hours of Operation, Client and Customer Visits. Hours of business operation and client and customer visits to a live/work unit are allowed without limitation, except where conditions of use permit approval restrict hours of operation and/or client/customer visits to ensure compatibility with adjacent commercial or industrial uses, or adjacent residentially-zoned areas.

H.

6.

Site planning and building design shall be compatible with and enhance the adjacent and surrounding residential neighborhood in terms of building design, color, exterior materials, landscaping, lighting, roof styles, scale, and signs.

C.

Maximum Density. The residential component of a mixed use project shall comply with the density requirements of the applicable General Plan designation and zoning district. The number of units allowed on a site shall be calculated by applying the applicable density requirement to the entire area of the site for a vertical mixed use project, but only to the portion of the site to be occupied by the footprint of residential units in a horizontal mixed use project.

1.

Lot consolidation and calculating allowable density. Where two or more legal parcels are combined to create a site for a development plan for a mixed-use project, calculations for maximum allowable density which result in a fraction that is 0.50 or greater shall be rounded up to the nearest whole number. Those density calculations resulting in a fraction that is less than 0.50 shall be rounded down to the nearest whole number.

D.

Site Layout and Project Design Standards. Each proposed mixed use project shall comply with the property development standards of the applicable zoning district, and the following requirements.

1.

Location of Units. A mixed use project may be either vertical mixed use, or horizontal mixed use; provided that residential units shall not occupy ground floor space within the first 50 feet of floor area measured from each building face adjacent to a public or private street.

==> picture [156 x 96] intentionally omitted <==

2.

Parking. In order to encourage the development of residential uses in existing and new commercial areas, the use of shared parking provisions shall be incorporated into mixed use projects in compliance with Section 88.36.080 (Reduction of Parking Requirements).

3.

Loading Areas. Commercial loading areas shall be located away from residential units and shall be screened from view from the residential portion of the project to the maximum extent feasible.

4.

Refuse and Recycling Areas. Areas for the collection and storage of refuse and recyclable materials shall be located on the site in locations that are convenient for both the residential and nonresidential uses.

E.

Performance Standards.

1.

Lighting. Lighting for commercial uses shall comply with the requirements of Section 88.31.030 (Outdoor Lighting).

2.

Noise. Each residential unit shall be designed and constructed to comply with Section 88.31.020 (Noise Standards).

3.

Hours of Operation. A mixed use project proposing a commercial component that will operate outside of the hours from 8:00 a.m. to 6:00 p.m. shall require Use Permit approval to ensure that the commercial uses will not negatively impact the residential uses within the project, or any adjacent residential uses.

F.

Requirements for Phased Projects. A mixed use project that proposes compliance with all applicable standards of this Development Code through phased construction may be authorized only through the approval of a development agreement in compliance with Chapter 88.53 (Development Agreements).

G.

Mixed-Use Development Standards within the TOD Specific Plan. For mixed-use development located within the TOD Specific Plan, refer to the Specific Plan for development standards.

(Ord. No. 06-O6, § 1B, 8-7-06; Ord. No. 10-O1, § 14, 3-1-10; Ord. No. 11-O4, § 2, 4-18-11; Ord. No. 201705, § 4, 7-17-17; Ord. No. 2020-02, § 3, 2-3-20)

88.42.128. - Mobile/Manufactured Homes Outside of Mobile Home Parks.

Where allowed by Article 2 (Urban Standards), an individual residential mobile home or manufactured home placed outside of a mobile home park shall comply with the regulations of this section.

A.

Site Requirements. The site, and the placement of the unit on the site shall comply with all zoning, subdivision, and development standards applicable to a conventional single-family dwelling on the same parcel.

B.

Mobile Home Design and Construction Standards. A mobile home or manufactured home outside of a mobile home park shall comply with the following design and construction standards. A mobile or manufactured home that does not comply with these standards shall be allowed only within a mobile home park.

1.

The exterior siding, trim, and roof shall be of the same materials and treatment found in conventionally built residential structures in the surrounding area, and shall appear the same as the exterior materials on any garage or other accessory structure on the same site.

2.

The roof shall have eave and gable overhangs of not less than 12 inches measured from the vertical side of the mobile home, and the roof pitch shall be no less than 5:12.

3.

The mobile home or manufactured home shall be placed on a foundation system, subject to the approval of the building official; and

4.

F.

Open Space. Each multi-family residential project shall provide permanently maintained outdoor open space for each dwelling unit (private space), and for all residents (common space), in addition to required setback areas, except where the review authority determines that existing public park or other usable open space is within convenient and safe walking distance.

1.

Area Required. Private and common open space shall be provided as required by Table 4-3.

Table 4-3. MULTI-FAMILY PROJECT OPEN SPACE REQUIREMENTS

Project Size	Minimum Common Open Space Required	Minimum Private Open Space Required
2 or 4 units	200 sf	150 sf for each unit
5 to 10 units	500 sf
11 to 30 units	1,000 sf
31 and more units	2,000 sf

Configuration of Open Space. Required open space areas shall be designed and located as follows. Landscaping shall comply with the requirements of Chapter 88.34 (Landscape).

a.

Common Open Space. All required open space shall be: easily accessible; continuous, usable site elements; separated from parking areas; safe and secure. Each common open space area shall have a minimum dimension of 20 feet.

b.

Private Open Space. Private open space shall be at the same elevation as, and immediately accessible from within the unit. Each private open space area shall have a minimum dimension of ten feet.

The review authority may allow required open space to be in different locations and/or with different dimensions where it determines that the alternative approach will provide open space of equivalent utility and aesthetic quality.

3.

Maintenance and Control of Common Open Space. Required common open space shall be controlled and permanently maintained. Provisions for continual control and maintenance shall described in the project application, and in the case of common interest developments, be included in property covenants and made the responsibility of a homeowners association (HOA).

G.

Outdoor Lighting. Outdoor lighting shall be installed and maintained along all vehicular access ways and major walkways, in compliance with 88.31.030 (Outdoor Lighting). The lighting shall be directed onto the driveways and walkways within the development and away from adjacent properties. Lighting of at least one foot candle shall also be installed and maintained within all covered and enclosed parking areas and shall be screened to minimize glare onto public sidewalks. Lighting fixtures/lamps shall be the most energy efficient available, including fluorescent, compact fluorescent, low pressure sodium, high pressure sodium, or other lighting technology that is of equal or greater energy efficiency. All proposed lighting shall be shown on the required landscape plan.

H.

Storage. A minimum of 100 cubic feet of lockable storage area shall be provided for each dwelling outside of the unit, with no dimension less than 30 inches.

I.

Television Antennas. Exterior television antennas, other than satellite dishes less than one meter (39 inches) in diameter, are not allowed, except for a single common, central antenna, with underground cable service to each dwelling unit. This restriction shall be included in any property covenants of a common interest development.

(Ord. No. 2015-O1, § 1, 1-20-15; Ord. No. 2023-04, § 3(Exh. A), 10-2-23)

88.42.142. - Multi-Family Courtyard Housing Projects. ¶

The provisions of this section are intended to encourage the construction of courtyard housing as an attractive and livable alternative to other forms of multi-family housing, by providing alternatives to certain development standards of this Development Code as incentives.

A.

Procedure for Incentives. A multi-family housing project that is proposed as courtyard housing in compliance with this section may be granted incentives as follows.

1.

Allowable Incentives. The review authority may grant any combination of the following incentives at the request of an applicant, provided that the review authority shall have the discretion to offer none of the incentives, and may choose to require compliance with all otherwise applicable residential development regulations.

a.

The first floor of a building, up to a maximum height of 12 feet, may extend ten feet into the required rear yard setback. The second floor up to a maximum height of 24 feet, may extend five feet into the required rear setback. An area equal to the area of the required rear setback that is occupied by the building shall be provided as common open space at grade level in the courtyard area, in addition to all required front and side setbacks.

b.

The first floor of a structure with a maximum height of 15 feet, may extend a maximum of 12 feet into, and cover a maximum of 50 percent of the required front yard, but shall contain only habitable or porch space. An extension into the front yard that exceeds seven and one-half feet shall not be wider than 20 feet, and shall be separated from an adjacent extension into the front yard by a minimum of ten feet.

c.

A semi-subterranean parking garage that does not extend more than 30 inches above grade may be built to a side property line but shall not project into the required rear setback. An area equal to the area of the required side setback that is occupied by the garage shall be provided as common open space at grade level in the courtyard area.

2.

Criteria for Approval. The review authority may approve courtyard housing project with incentives in compliance with this section if it first finds that the project:

a.

Complies with all applicable provisions of this section; and

Provides a higher quality design than would have been provided under the otherwise applicable standards.

3.

Alternatives to Courtyard Design Standards. Project approval shall require that the review authority first make a finding of compliance for each of the design and development standards of this section. The review authority may approve alternative courtyard design standards, provided that the review authority first finds that each alternative:

a.

Achieves a better design solution for the courtyard and development than would result from application of the basic courtyard regulations; and

b.

Would not materially affect adjoining properties.

B.

Courtyard and Common Open Space Requirements. The project shall provide common open space as required for multi-family projects by Section 88.42.140. The open space shall be located on the site as follows.

1.

Courtyard Required. A courtyard housing project shall include a clearly defined courtyard space. The structure may, for example, be "O," "L," or "U" shaped. See Figure 4-4. A distinct outdoor communal space (or series of spaces) shall be provided to serve as a focus for the housing units, with individual entries to the living units provided from the spaces.

==> picture [156 x 95] intentionally omitted <==

2.

Figure 4-4 - Courtyard Example

Courtyard Area. The courtyard shall be designed to incorporate at least 60 percent of the common open space area required for the project by Section 88.42.140 (Multi-Family and Small Lot Single-Family Projects).

3.

Rear Yard Open Space. If any of the rear setback is proposed as common open space in addition to the courtyard, a clear connection between the rear yard and the courtyard space shall be provided and at least a portion of the rear yard shall be visible from the courtyard, as follows:

a.

If more than 30 percent of the common open space requirement is proposed in the rear yard, an opening of at least ten feet wide and ten feet high shall provide a view to the rear yard from the courtyard;

For an opening less than ten feet wide, the length shall not exceed twice the width. The height of the opening shall be no less than its width; and

c.

An opening 15 feet wide or more shall be open to the sky.

4.

Open Space in Balconies, Decks, and Terraces. A portion of the common open space requirement for the project may be provided in balconies, decks, and terraces that are open and unrestricted for use by all residents, in compliance with the following standards:

a.

75 percent of balconies, roof decks, or terraces that are counted as common open space in a courtyard project shall be directly adjacent to and overlook the courtyard, and should be seen as an extension of the courtyard;

b.

The space shall not be more than two floors above the courtyard and shall be connected directly to the courtyard with a grand stairway or other appropriate connection if it represents more than ten percent of the common open space; and

c.

The space shall have no dimension less than ten feet, if one level or less above the courtyard, and no dimension less than 15 feet, if two or more levels above the courtyard.

5.

Secondary Courtyards. Secondary courtyards shall be allowed in compliance with the following standards:

a.

If 30 percent or more of the common open space required is provided in additional courtyards, the additional courtyards shall meet all of the requirements for the main courtyard except for visual access to the street; and

b.

If less than 30 percent of the common open space required is provided in additional courtyards the additional courtyards shall comply with the same visibility, access, and dimensional standards as common open space in the rear setback.

C.

Courtyard Design Standards.

Entrance from Street. The courtyard shall address the street, and be easily accessible from the street, with a spacious, clearly defined grand entry, grand stairs if appropriate, or other similar treatment. At least a portion of the courtyard should be visible from the street. The courtyard is best located on the level of the street or 30 inches above or below the street.

a.

On parcels with a slope greater than four percent between the street elevation and the rear elevation of the site, the courtyard may be located more than two and one-half feet above or below street level, but no more than five feet.

b.

On parcels with a slope less than four percent between the street elevation and the rear elevation of the site, the courtyard may be at the level of natural grade or up to three feet above or below natural grade. Natural grade shall be measured at the sidewalk (front) property line at the location of the entrance to the courtyard.

c.

On parcels with more than 60 feet of street frontage, an opening in the structure at least ten feet wide and ten feet high shall be provided. The opening may be designed with security enclosures which are treated in the same design style as the structure itself.

d.

Passageways from the front yard to the courtyard which are less than 15 feet wide shall have a length no greater than twice the width. The height of the opening shall be no less than the width.

e.

Openings that are ten feet or more in width and 20 feet more in length shall be open to the sky.

f.

Glazing shall not be allowed in the opening. Any gates shall be of a highly ornamental nature (preferably designed by an artist and executed by a skilled craftsperson). The gate shall allow a minimum of 70 percent visibility into the courtyard.

2.

Dimensions. The minimum length and width of a courtyard shall be 15 feet on parcels of 50 feet or less in width, 20 feet on all other parcels, and shall comply with the minimum area requirements of subsection B.1 (Courtyard required).

3.

==> picture [189 x 135] intentionally omitted <==

88.42.142 Figure 4-5 - Plantings over Garage ¶

(1)

Upper floor loggias or pergolas recessed within a structure.

(2)

Roofed balconies supported by brackets or by columns at the ground floor.

(3)

Exterior wooden or masonry stairs with closed risers.

(4)

Tile or masonry fountains.

==> picture [373 x 278] intentionally omitted <==

88.42.12 Figure 4-6 - Courtyard Housing Special Features

Materials.

(1)

In order to ensure that new structures appear substantial and integral, changes of exterior color, texture, or material shall be accompanied by changes in plane. An exception is the articulation of the base of a structure.

(2)

Material or color changes at the outside corners of structures give an impression of thinness and artificiality and are not allowed.

(3)

Structures should have consistent materials and details throughout. Detailing of doors, windows, and eaves and the type and quality of materials should be similar on all sides of structures.

(4)

New courtyard structures should reflect regional architectural traditions. This means that careful decisions shall be made concerning the choice, application, and detailing of materials so that new construction reflects the best examples of the type in the city or region. Windows and doors shall be outlined by projecting surrounds that completely enclose these openings, or be deeply recessed.

F. Parking.

1.

Parking Location and Design. Parking for a courtyard housing project shall comply with the location and design requirements for multi-family projects in Section 88.42.140.E, and the requirements of Chapter 88.36 (Parking and Loading).

2.

Parking Entry. The visibility of the parking entry from the street shall be minimized and designed to be architecturally sensitive to, and treated as, an integral part of the street facade.

(Ord. No. 06-O6, § 1B, 8-7-06)

88.42.150. - Outdoor Displays and Sales. ¶

A.

Applicability. The provisions of this section apply to temporary and permanent facilities for outdoor display, sales (e.g., garden nurseries, lumber yards, news and flower stands, and similar uses where merchandise is displayed for sale), and outdoor eating areas, where allowed by Article 2 (Urban Standards).

B.

Temporary Outdoor Displays and Sales. See Section 88.51.030 (Temporary Use Permits).

C.

Permanent Outdoor Displays and Sales. The permanent outdoor display and sale of merchandise is allowed subject to the following standards, and any conditions required by minor use permit approval.

1.

The outdoor display of merchandise shall not exceed a height of six feet above finished grade, unless a greater height is allowed through minor use permit approval.

2.

Outdoor display and sales areas shall not encroach into required setback areas or the public right-of-way. In zoning districts where no setback area is required, the outdoor sales area shall be set back a minimum of ten feet from adjoining property lines unless otherwise allowed through minor use permit approval.

3.

Displayed merchandise shall occupy a fixed, specifically approved, location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, parking spaces, or pedestrian walkways. A display shall not obstruct intersection visibility or otherwise create hazards for pedestrian or vehicle traffic.

The outdoor display and sales area shall be directly related to a business occupying a permanent structure on the subject parcel.

5.

The director may require that outdoor sales and activity areas other than vehicle sales lots, produce stands, and nursery product sales be screened from the view of adjoining public rights-of-way by decorative walls, fences, or landscaping.

6.

Additional signs, beyond those normally allowed for the subject use, shall not be provided as a result of the outdoor display and sales area.

D.

News and Flower Stands.

1.

Location Requirements. A news or flower stand shall:

a.

Be located parallel and adjacent to the wall of a structure. A freestanding news or flower stand is allowed only as a roofed kiosk;

b.

In the case of a privately owned stand, not be located within the public right-of-way, within three feet of a display window of any structure abutting the sidewalk, or so as to interfere with or restrict the reasonable use of the window for display purposes.

2.

Design and Construction Requirements.

a.

A stand shall be soundly constructed of wood, metal, or other suitable permanent material, and designed in a manner and color to be compatible with the adjacent structures whether the stand is opened or closed. Security doors shall be designed as an integral part of the structure.

b.

Shelving shall not exceed eight feet in height nor two feet in depth.

Maintenance. The news and flower stand shall be maintained in a clean and neat condition and in good repair, at all times.

4.

Signs. Signs shall be designed as an integrated part of the stand, and shall comply with the following requirements.

a.

A stand shall not be used for advertising or publicity purposes. Signs shall be for identification only, with size and design in compliance with Chapter 88.34 (Signs).

b.

The owner or operator of an outdoor news or flower stand shall display, in a place readily visible to the public, a telephone number and address where the owners may be reached.

5.

Additional Product Sales. In addition to the sale of newspapers, magazines, and other periodicals, for newsstands, and flowers and plants, for flower stands, the owners or operators may sell other related accessory products, not to exceed ten percent of the total merchandise displayed.

6.

Hours of Operation. The allowable hours of operation of a news or flower stand shall be established by minor use permit approval.

E.

Outdoor Dining Areas.

1.

An outdoor dining area may be allowed accessory and incidental to a restaurant.

2.

An outdoor eating area within the public right-of-way shall require an encroachment permit, and shall use only city approved furniture and enclosures.

3.

Signs shall comply with Chapter 88.38 (Signs).

88.42.160. - Outdoor Storage. ¶

Where allowed by Article 2 (Urban Standards), outdoor storage shall comply with the regulations of this section.

A.

Enclosure and Screening Required. Outdoor storage areas shall be entirely enclosed by a solid wall or fence as approved by the review authority with a minimum height of six feet and a maximum height of eight feet. Storage containers may be allowed with a minor use permit in the DW and DWL zones only, located so as not to be visible from the street.

B.

Maximum Height of Stored Materials. The materials within the storage area shall not be higher than the fence, except where authorized by the minor use permit for the storage area.

C.

(Ord. No. 11-O16, § 6, 10-24-11)

88.42.180. - Secondhand Stores, Swap Meets, Flea Markets, and Similar Uses. ¶

Where the sale of used merchandise is allowed by Article 2 (Urban Standards), secondhand stores, swap meets, flea markets, and similar uses shall comply with the regulations of this section.

A.

Purpose. This section establishes a comprehensive set of requirements applicable to secondhand stores, swap meets, flea markets, and similar uses of property. The council finds and determines that these uses pose special concerns due to the small areas occupied by the uses and the increased intensity of commercial use where many different retail establishments operate out of a central location.

B.

Permit Requirement. Only the uses specifically identified in and authorized by an approved use permit shall be permitted to operate in association with the primary use. Any additional use shall be subject to the requirements of the applicable zoning district.

C.

Location Requirements.

1.

No secondhand store, swap meet, flea market, or similar use shall be located within 100 feet of any residential zone, either within the city limits or in an adjacent jurisdiction.

2.

No secondhand store, swap meet, flea market, or similar use shall be located within 500 feet of any other existing secondhand store, swap meet, flea market, or similar use.

D.

Development and Operational Standards. The following development standards shall apply to all swap meets, flea markets, and similar uses, but not to secondhand stores:

1.

A minimum of 500 square feet of floor or ground floor area shall be provided per vendor;

2.

Restroom facilities and fixtures shall be provided in compliance with the standards in the Plumbing Code (Municipal Code Section 14-131) and based upon the building occupancy load for assembly purposes. Open air businesses shall provide permanent separate restroom facilities for men and women as required by the Director;

3.

Hours of operation shall be as established by use permit conditions of approval;

4.

Refuse facilities shall be provided for the disposal of rubbish as determined by the Director;

5.

All aisles within a building shall provide a minimum of 25 feet of unobstructed clearance for public movement;

6.

All open air facilities shall provide access and turning areas as required by the fire department for fire and rescue purposes;

7.

Onsite private security shall be provided as determined by the police chief;

8.

All parking and open air vendor areas shall be maintained free of trash, debris, and cast-off items, and shall be swept or vacuumed at the close of each business day;

9.

The owner of the business and the owner of the property on which the business is located shall submit an emergency evacuation plan with the use permit application. The plan shall be approved by the police and fire departments; and

10.

The review authority may impose other development conditions as deemed appropriate to provide for public peace, health, and safety.

E.

Findings and Considerations for Approval.

1.

The review authority shall not grant a permit for any use subject to this section unless it finds that the use at the proposed location will be consistent with the general plan and that its operation will not adversely affect the public peace, health, safety, general welfare, or surrounding property values. In granting the permit, the review authority may impose conditions as are necessary and proper to prevent any adverse effect.

2.

In determining whether approval will be granted, the review authority shall consider the following:

a.

Nature and use of real property within 500 feet of the use;

b.

Appropriate measures to provide proper maintenance of the site, including keeping of the premises and surrounding areas free of junk, litter, and debris;

c.

Off-street parking to be provided for the use, including lease arrangements if parking is not provided on the site;

d.

Layout of the operation, whether indoors or outdoors, including all structures, whether permanent or temporary, use for the operation of the business(es);

e.

Provisions for onsite security and traffic controls to satisfy the concerns of the police department;

f.

The types of merchandise to be sold, with restrictions on the sale of alcoholic beverages or other items deemed inappropriate for the use;

g.

Hours and days of operation;

h.

Controls on the occupancy limits on the premises and loitering outside the premises; and

Prevention of adverse effect of the use on adjacent properties.

F.

Compliance with Conditions of Approval.

1.

The applicant shall have 90 days in which to comply with any conditions of approval imposed on the permit.

2.

The review authority may modify the compliance period as appropriate, depending upon the nature and extent of the conditions imposed. In determining whether the compliance period should be modified, the review authority shall consider the following, as applicable.

a.

The severity of any maintenance problems and the time required to implement appropriate measures to rectify the problems;

b.

The nature of the security needs and traffic control concerns and any special concerns of the police department which must be met; and

c.

The time required to secure all necessary permits, licenses, or approvals require by law, resolution, or ordinance.

G.

Exceptions.

1.

Nothing in this section shall apply to homeowners or residents conducting permitted yard and garage sales as defined and regulated by Municipal Code Chapter 18, Article VIII.

2.

Nothing in this section shall apply to city-sponsored events, school-related events, or temporary use permits approved by the director.

d.

A demolition permit for a detached garage that is to replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

E.

GENERAL ADU AND JADU REQUIREMENTS. The following requirements apply to all ADUs and JADUs that are approved under subsections D.1 or D.2 above:

1. Zoning.

a.

An ADU subject only to a building permit under subsection D.1 above may be created on a lot in a residential zone or mixed-use zone as shown in the table below:.

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.

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.

b.

An ADU subject to an ADU permit under subsection D.2 above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

c.

In accordance with Government Code § 66333(a), a JADU may only be created on a lot zoned for singlefamily residences.

2.

Height.

a.

Except as otherwise provided by subsections E.2.b and E.2.c below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.

b.

A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources

Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

c.

A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.

d.

No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building

official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection E.10.b prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

F.

SPECIFIC ADU REQUIREMENTS. The following requirements apply only to ADUs that require an ADU permit under subsection D.2 above.

1.

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. No more than two bedrooms are allowed.

b.

An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.

c.

Application of other development standards in this subsection F, such as FAR or lot coverage, might further limit the size of the ADU, but no application of a percentage-based maximum floor area (i.e., under subsection F.1.b above), or of an FAR, front setback, lot coverage, or open-space requirement may require the ADU to be less than 800 square feet.

2.

Lot Coverage. No ADU subject to this subsection F may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection F.1.c above.

3. Setbacks.

a.

Each ADU that is subject to this subsection F is subject to a 40-foot front setback, (subject to subsection F.1.c. above.

b.

Each ADU that is subject to this subsection F is subject to four-foot side and rear setbacks.

No setback is required for an ADU that is subject to this subsection F if the ADU is constructed in the same location and to the same dimensions as an existing structure.

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.

5.

Stories. No ADU subject to this subsection F may exceed one story.

6.

Passageway. No passageway, as defined by subsection C.8 above, is required for an ADU.

7.

Parking.

a.

Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection C.11 above.

b.

Exceptions. No parking under subsection F.6.a is required in the following situations:

i.

The ADU is located within one-half mile walking distance of public transit, as defined in subsection C.10 above.

ii.

The ADU is located within an architecturally and historically significant historic district.

iii.

The ADU is part of the proposed or existing primary residence or an accessory structure under subsection D.1.a above.

iv.

When on-street parking permits are required but not offered to the occupant of the ADU.

v.

When there is an established car share vehicle stop located within one block of the ADU.

vi.

When the permit application to create an ADU is submitted with an application to create a new singlefamily or new multi-family dwelling on the same lot, provided the ADU or the lot satisfies and other criteria listed in subsections F.6.b.i. through v. above.

c.

No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

8.

Objective Site Design and Architectural Requirements.

a.

Same in Appearance. To ensure that site design and architectural character of the ADU are compatible with those of the primary dwelling through the use of purely objective standards, the materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling, and the roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.

b.

Separate Entrance. The ADU must have an independent exterior entrance, apart from that of the primary dwelling. The ADU entrance must be located on the side or rear building façade, not facing a public rightof-way.

c.

Minimum Dimensions. The interior horizontal dimensions of an ADU must be at least ten feet wide in every direction, with a minimum interior wall height of seven feet.

d.

Privacy. An ADU within 15 feet of a residential unit on the same parcel or on an adjacent parcel may not have windows that directly face windows in other unit at a 90-degree angle.

e.

Fire and Public Safety. The ADU or JADU address and location must be identified by either an address plaque or by other signage that is clearly legible from the public right-of-way. The plaque or other signage must be clearly indicated on a site plan submitted with the building-permit application. The site plan must also show how the ADU or JADU will be accessed by fire and safety personnel. Alternatively, instead of an address plaque or signage, the applicant may elect to provide a paved walkway visible from the public right-of-way that leads to the ADU or JADU.

ght-of-way. The plaque or other signage must be clearly indicated on a site plan submitted with the building-permit application. The site plan must also show how the ADU or JADU will be accessed by fire and safety personnel. Alternatively, instead of an address plaque or signage, the applicant may elect to provide a paved walkway visible from the public right-of-way that leads to the ADU or JADU.

Main Entrance Architectural Enhancements. Architectural enhancements are required for main entrances of attached and detached ADUs. "Architectural enhancements" means the inclusion of at least two of the following elements: architectural lighting, a covered patio or porch, an overhang, architectural projections, and enhanced building materials such as stone veneer, brick veneer, wood siding, PVC siding, decorative trim work, and window shutters.

9.

Landscape Requirements.

a.

Evergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows:

i.

c.

Except as set forth in subsections G.2.a and G.2.b above, an ADU or JADU requires a new, separate utility connection directly between the ADU or JADU and the public utility. For water service, this includes separate water service and meter directly from the public water system in compliance with Azusa Light and Water specifications and requirements. The property owner must size the separate service and meter to meet the water needs of the proposed ADU or JADU. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU or JADU, based on either the relative floor areas or drainage fixture unit (DFU) values, as defined by the Uniform Plumbing Code, of the ADU or JADU and the primary dwelling.

H.

Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

1.

Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

2.

Unpermitted ADUs constructed before 2020.

a.

Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:

i.

The ADU violates applicable building standards, or

ii.

The ADU does not comply with the state ADU law (Government Code § 65852.2) or this ADU ordinance (section 88.42.190).

b.

Exceptions:

i.

Notwithstanding subsection H.2.a above, the city may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.

ii.

Subsection H.2.a above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code § 17920.3.

I.

Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that would otherwise be allowed under this section but that does not conform to the objective design or development standards set forth in subsections (a) through (h) of this section may be allowed by the city with a conditional use permit, in accordance with the other provisions of this title.

(Ord. No. 2017-14, § 9, 12-18-17; Ord. No. 2020-05, § 3, 8-17-20; Ord. No. 2023-01, § 3(Exh. A), 2-6-23; Ord. No. 2023-02, § 3(Exh. A), 3-20-23; Ord. No. 2024-08, § 5(Exh. A), 12-2-24)

Editor's note— Ord. No. 2017-14, § 8, adopted Dec. 18, 2017, repealed the former § 88.42.190, and enacted a new § 88.42.190 as set out herein. The former § 88.42.190 pertained to second units and carriage houses and derived from Ord. No. 11-O16, § 7, adopted Oct. 24, 2011.

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.

C.

Reserved.

E.

Development Standards. Each senior citizen apartment project shall comply with the following requirements.

requirements.
Development Feature	Requirement
Maximum Building Height	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 2-bedroom, 1-bathroom unit 2-bedroom, 2-bathroom unit or larger	550 sf 600 sf 700 sf
Of-street parking	1 covered space per unit and 1 guest space for each fve units

F.

Open Space/Landscaping Requirements.

1.

A minimum of 60 square feet of private usable open space and 125 square feet of common usable open space shall be provided for each dwelling unit.

2.

Landscaping is required in the front yard setback prior to issuance of a certificate of occupancy. Landscaping shall consist of a combination of trees, ground cover and shrubbery to adequately cover all designated landscaped areas when installed. Plant materials shall cover the designated planting area from

the outset. Up to 35 percent of the required landscape area may be installed with hardscape materials, at the discretion of the director or his designee.

G.

Additional Amenities. Each dwelling unit shall be provided with an oven and stove; a garbage disposal; at least 150 square feet of indoor storage, including closets; and central heating and air conditioning.

H.

Security Requirements. Each senior citizen apartment development shall include the following security provisions to safeguard residents:

1.

Electrically-monitored entry gates accessed at a central location;

2.

24-hour medical alarm security system connected to the manager's unit;

3.

Smoke detectors in all units, corridors, and common areas; and

4.

Any other security measures deemed necessary by the chief of police and the Commission.

(Ord. No. 2023-04, § 3(Exh. A), 10-2-23)

88.42.210. - Service Stations. ¶

A service station shall be located only on a site of 20,000 square feet or larger.

88.42.220. - Tattoo/Body Piercing. ¶

A minimum separation distance of 500 feet is required between each industrial zoned parcel containing a tattoo/body piercing establishment and no more than one tattoo/body piercing establishment is allowed per parcel.

(Ord. No. 11-O16, § 7, 10-24-11)

88.42.230. - Shopping Centers Providing Additional Public Benefits. ¶

Notwithstanding the limitations contained in the definition of "shopping center" limiting the non-retail square footage of a shopping center to no more than 15 percent of allowed uses, a shopping center owner may negotiate a development agreement that provides additional public benefits to authorize an increase in the percentage of non-retail uses. Any such development agreement shall be subject to negotiation and approval pursuant to Chapter 88.53.

(Ord. No. 2015-O1, § 1, 1-20-15)

88.42.240. - Tobacco and Vaping Shops. ¶

A.

Where allowed by Article 2 (Urban Standards), a tobacco/vaping shop shall comply with the regulations of this section.

B.

PURPOSE. The purpose and intent of this Section is encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those which prohibit or discourage the sale or distribution of tobacco and nicotine products to youth in a manner consistent with regulations imposed by federal or state law. As a result, this Section provides concentration, separation, spacing and distance, and operational standards for tobacco and vaping shops in the City of Azusa in order to maintain the City's character, the diversity and vitality of the community's commercial areas, and protect the health, safety and welfare of Azusa's youth, its residents and visitors.

C.

DEFINITIONS. For the purposes of this section, the definitions contained herein shall govern the meanings of the following terms, words, phrases, and their derivations:

1.

"Drug Paraphernalia" has the meaning set forth in California Health and Safety Code section 11014.5, as that section may be amended from time to time.

2.

"Electronic smoking device" means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part or accessory of such device whether or not sold separately. This definition includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette (E-Cigarette), an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descript including any component, part or accessory of such device, whether or not sold separately. "Electronic smoking device" does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment, or prevention of disease, where such product is marketed and sold separately for such an approved purpose.

3.

Flavored tobacco product" means any tobacco product that imparts a characterizing flavor.

4.

"Hookah Tobacco Lounge" shall mean a restaurant that operates within the City pursuant to a valid City business license that also engages, as an accessory use, in the retail sale of shisha tobacco products,

Hookah, and Hookah smoking accessories. "Hookah" is defined as type of water pipe, used to smoke shisha or other Tobacco Products, with a long flexible tube for drawing aerosol through water. Components of a Hookah may include heads, stems, bowls, and hoses.

5.

"Hookah Tobacco Retailer" shall mean a tobacco retailer that is engaged in the retail sale of shisha tobacco products, hookah, and hookah smoking accessories.

6.

"Marijuana Paraphernalia" shall mean any instrument or object intended for use or designed for use in ingesting, inhaling, or otherwise introducing cannabis, marijuana, hashish, or hashish oil into the human body, such as the following:

a.

Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls.

Water pipes.

c.

Carburetion tubes and devices.

d.

Smoking and carburetion masks.

e.

Roach clips, meaning objects used to hold burning material, such as a cannabis cigarette that has become too small or too short to be held in the hand.

f.

Miniature cocaine spoons, and cocaine vials.

g.

Chamber pipes.

h.

Carburetor pipes.

i.

Electric pipes.

j.

Air-driven pipes.

k.

Chillums.

Bongs.

Ice pipes or chillers.

7.

"Tobacco" shall mean any preparation of the nicotine-rich leaves of the tobacco plant, which are cured by a process of drying and fermentation for use in smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means into the body.

8.

"Tobacco Paraphernalia" shall mean any instrument or object that is designed for the smoking or ingestion of lawful tobacco products including without limitation cigarette papers, cigarette wrappers, cigar wrappers, blunt wraps, tobacco pipes, holders, clips, and cigarette rolling machines. "Tobacco paraphernalia" excludes "drug paraphernalia" as that term is defined in Health and Safety Code Section 11364.5(d), as amended from time to time.

9.

"Tobacco Product" shall mean any product in leaf, flake, plug, liquid, or any other form, containing nicotine derived from the tobacco plant, or otherwise derived, which is intended to enable human consumption of the tobacco or nicotine in the product, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. For the purposes of this chapter, the term "tobacco product" excludes any product that has been specifically approved by the United States Food and Drug Administration (FDA) for sale as a tobacco/smoking cessation product or for other medical purposes, where such product is marketed and sold solely for such an approved purpose.

10.

"Tobacco or Vaping Shop" means any place where a person sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia, or who distributes free or low-cost samples of tobacco products or tobacco paraphernalia.

D.

PERMIT REQUIREMENT. No person shall cause or permit the creation, operation, or intensification of any tobacco or vaping shop use without first obtaining and maintaining a minor use permit pursuant to Chapter 88.51.040 (Use Permit and Minor Use Permit). The requirements of this section do not apply to the sale of flavored shisha tobacco products by a hookah tobacco retailer if all of the following conditions are met:

1.

The hookah tobacco retailer has a valid license to sell tobacco products issued pursuant to Chapter 2 (commencing with Section 22971.7) of Division 8.6 of the Business and Professions Code.

2.

The hookah tobacco retailer does not permit any person under 21 years of age to be present or enter the premises at any time.

3.

The hookah tobacco retailer shall operate in accordance with all relevant state and local laws relating to the sale of tobacco products.

4.

If consumption of tobacco products is allowed on the premises of the hookah tobacco retailer, the hookah tobacco retailer shall operate in accordance with all state and local laws relating to the consumption of tobacco products on the premises of a tobacco retailer, including, but not limited to, Section 6404.5 of the Labor Code.

E. LOCATION REQUIREMENTS.

1.

No tobacco or vaping shop shall be established within 1,000 feet of a Youth-Populated Area as measured by a straight line from the nearest point of the property line of the parcel on which the Youth-Populated Area is located to the nearest point of the property line of the parcel on which the applicant's business is located. For the purpose of this subsection, a "Youth-Populated Area" means a parcel in the City that is occupied by any of the following:

a.

A private or public preschool, kindergarten, elementary, middle, or high school,

b.

A library open to the public,

c.

A playground open to the public,

d.

A youth center, defined as a facility where children, ages six to 17, inclusive, come together for programs and activities,

e.

A recreation facility open to the public, defined as an area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even though it may be used for other purposes. "Recreation facility" includes, but is not limited to, a gymnasium, playing court, playing field, and swimming pool,

f.

An arcade open to the public,

g.

A park open to the public or to all the residents of a private community, or

h.

A licensed child-care facility or preschool as defined in California Health & Safety Code § 1596.78

2.

No tobacco or vaping shop shall be located within 1,000 feet of another tobacco or vaping shop as measured by a straight line from the nearest point of the property line to the nearest point of the property line on which the applicant's business is located.

3.

No tobacco or vaping shop shall be located on the same parcel.

4.

The City shall have no more than one tobacco/vaping shops for every 8,000 residents, to a maximum of seven tobacco/vaping shops, within the City's boundaries including existing and proposed new tobacco/vaping shops.

F. DEVELOPMENT AND OPERATIONAL STANDARDS.

1.

Tobacco shops and vaping shops shall comply with all applicable local, State, and Federal laws regarding the advertising, display, or sales of tobacco and electronic cigarette/vaping products.

2.

No smoking shall be permitted on the premises at any time.

3.

All electronic cigarettes/vaping products, tobacco products and tobacco paraphernalia shall be kept and displayed in a secure and locked enclosure, which can only be accessed with the assistance of a clerk. Self-service displays of such products is prohibited.

4.

It is unlawful for a tobacco shop or vaping shop to knowingly allow or permit a minor, not accompanied by his or her parent or legal guardian, to enter or remain within the tobacco/vaping shop.

5.

Sampling of electronic cigarettes/vaping products and tobacco products by individuals less than 21 years of age is prohibited.

6.

All tobacco shops and vaping shops shall post clear signage stating that minors may not enter the premises unless accompanied by a parent or legal guardian. At least one such sign shall be placed in a conspicuous location near each public entrance to the shop. It shall be unlawful for a tobacco shop/vaping shop to fail to display and maintain, or fail to cause to be displayed or maintained, such signage.

7.

It is unlawful for a tobacco shop or vaping shop to offer for sale or sell any cannabis products or any drug/marijuana paraphernalia.

G.

REVOCATION OF A BUSINESS LICENSE AND/OR MINOR USE PERMIT. In addition to any other penalty authorized by law or the Azusa Municipal Code, the business license and minor use permit of any business that violates any provision of this Section, the California Uniform Controlled Substances Act (including without limitation Health and Safety Code Sections 11364 to 11376.5), as amended from time to time, or any other local, State or Federal law or regulation may be revoked pursuant to the procedure set forth in Chapter 88.56 (Appeals and Revocations).

H.

NONCONFORMING TOBACCO/VAPING SHOPS. Tobacco shops and vaping shops that are located in the DW and DWL zones and are legally existing on the effective date of the ordinance codified in this chapter may continue to operate as legal nonconforming uses in accordance with Chapter 88.54 (Nonconforming Uses, Structures, and Parcels) and shall not be required to obtain a minor use permit.

I.

AMORTIZATION OF EXISTING NONCONFORMING TOBACCO SHOPS AND VAPING SHOPS NOT LOCATED IN THE DW AND DWL ZONES.

1.

All requirements set forth in this Chapter are deemed to be necessary for the protection of the public health, safety, and welfare and shall be applicable to and govern all existing and proposed tobacco shops and vaping shops immediately upon the date the ordinance codified in this Chapter becomes effective.

2.

Any existing tobacco shops and vaping shops which are located within a zone in which tobacco shops and vaping shops are not permitted which is a nonconforming use as of the effective date of the ordinance codified in this Section shall be subject to an amortization period of three years. An extension of time request for one year may be permitted if written documentation is provided by the business owner that:

a.

The applicant/owner has made a substantial investment (including but not limited to lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted into another use; and such investment was made prior to the date this ordinance is adopted; and

b.

The applicant/owner will be unable to recoup said investment as of the date established for termination of the use; and

c.

The applicant has made good faith efforts to recoup investment and to relocate the use to a location in conformance with this Section.

3.

No more than two, one-year time extensions may be granted. The total amortization period shall not exceed five years.

4.

For existing tobacco or vaping shops that seek to relocate within the DW or DWL zone, their MUP applications will be reviewed on a first-come, first-serve basis until the maximum of seven tobacco/vaping shops has been reached.

5.

Upon the conclusion of the amortization period, any tobacco shop or vaping shop which is a nonconforming use shall cease all business operations, and all signs, advertising and displays relating to such business shall be removed within 30 days thereafter.

(Ord. No. 2021-01, § 4, 2-1-21)

88.42.250 - Two-unit Projects. ¶

A.

PURPOSE. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21.

B.

DEFINITION. A "two-unit project" means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.

C.

APPLICATION.

(1)

Only individual property owners may apply for a two-unit project. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Rev. & Tax Code § 214.15). Any person with a mortgage interest in the lot to be split under this section must sign the application and the parcel map indicating the person's consent to the project.

(2)

An application for a two-unit project must be submitted on the city's approved form.

(3)

The applicant must obtain a certificate of compliance with the Subdivision Map Act and the implementing regulations in this code for the lot and provide the certificate with the application.

(4)

Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

(5)

The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

D. APPROVAL.

(1)

An application for a two-unit project is approved or denied ministerially, by the planning director, without discretionary review.

(2)

The ministerial approval of a two-unit project does not take effect until the city has confirmed that the required documents have been recorded, such as the deed restriction and easements.

(3)

The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

(4)

The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code.

E.

REQUIREMENTS. A two-unit project must satisfy each of the following requirements:

(1)

Map Act Compliance. The lot must have been legally subdivided.

(2)

Zone. The lot is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

(3)

Lot Location.

(A)

The lot is not located on a site that is any of the following:

(i)

Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

(ii)

A wetland.

(iii)

Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

(iv)

A hazardous waste site that has not been cleared for residential use.

(v)

Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

(vi)

Within a 100-year flood hazard area, unless the site has either:

(I)

been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or

(II)

meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

(vii)

Within a regulatory floodway, unless all development on the site has received a no-rise certification.

(viii)

Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

(ix)

Habitat for protected species.

(x)

Land under conservation easement.

(B)

The purpose of subpart (e)(3)(A) above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)-(K). (See Gov. Code § 66411.7(a)(3)(C).)

(C)

The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)(K) are satisfied.

(4)

Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.

(5)

No Impact on Protected Housing.

On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that

If there is a legal primary dwelling on the lot that was established before the two-unit project, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

(ii)

If there is no legal primary dwelling on the lot before the two-unit project, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

(iii)

At least 50 percent of a structure's walls fronting any street shall incorporate at least two of the following surface materials:

1)

Brick,

2)

Natural Stone,

Terracotta,

Stucco, cement plaster, or other similar troweled finish,

5)

Wood or other similar faux wood siding such as PVC or cement fiber.

(iv)

Dwellings shall incorporate at least three of the following elements along the side of any wall fronting a street:

1)

Arches,

Awnings,

Balconies,

Bay windows,

Brick, rock, or stone veneer

6)

Columns,

7)

Decorative iron railing,

8)

Plazas or courtyards,

9)

Porches, covered and open on at least three sides,

10)

Window shutters,

11)

Window trim

(v)

Balconies are only allowed along the front elevation or corner side elevation of a dwelling facing a public street.

(vi)

Any faux shutters should be proportionate to the adjacent window so as to create the appearance of a real and functional shutter.

(vii)

Upper and lower windows should align vertically whenever possible.

(viii)

No linear wall of a second story may extend more than twenty-four feet (24') without architectural articulation or an offset of at least two feet (2') for not less than eight feet (8').

(ix)

All vents, gutters, downspouts, flashing, and electrical panels must be painted to match the surface to which they are attached, unless concealed or used as a major design element, in which case the color is to be consistent with the overall color scheme of the building.

(x)

All roof, ground, and wall-mounted equipment must be screened from public view in compliance with Section 88.30.020.G.2 of the Development Code.

(xi)

All exterior lighting must be limited to down-lights.

(xii)

No window or door of a dwelling that is constructed on the lot after the urban lot split may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

(xiii)

If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

(H)

Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows:

(i)

At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24" box size plant shall be provided for every ten linear feet of exterior wall.

(ii)

Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed.

(iii)

All landscaping must be drought-tolerant.

(iv)

All landscaping must be from the city's approved plant list.

(I)

Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.

(J)

Utilities.

(i)

Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.

(ii)

Notwithstanding paragraph (e)(6)(L)(i) above, a primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the city's code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

(iii)

All utilities must be underground.

(K)

Building & Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city's current code.

(7)

Fire-Hazard Mitigation Measures. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:

(A)

It must have direct access to a public right-of way with a paved street with a width of at least 40 feet. The public street right of way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.

(B)

All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.

(C)

All enclosed structures on the site must have fire sprinklers.

(D)

All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public street right-of-way or of an onsite fire hydrant or standpipe.

(E)

If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.

(8)

Separate Conveyance.

(A)

Primary dwelling units on the lot may not be owned or conveyed separately from each other.

(B)

Condominium airspace divisions and common interest developments are not permitted within the lot.

(C)

All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

(i)

No timeshare, as defined by state law or this code, is permitted. This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.

(9)

Regulation of Uses.

(A)

Residential-only. No non-residential use is permitted on the lot.

(B)

No Short-Term Rentals. No dwelling unit on the lot may be rented for a period of less than 30 days.

(C)

Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners' principal residence and legal domicile.

(10)

Notice of Construction.

(A)

At least 30 business days before starting any construction of a two-unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

(i)

Notice that construction has been authorized,

(ii)

The anticipated start and end dates for construction,

(iii)

The hours of construction,

(iv)

Contact information for the project manager (for construction-related complaints), and

(v)

Contact information for the Building & Safety Department.

(B)

This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

(11)

Deed Restriction. The owner must record a deed restriction, on a form approved by acceptable to the city, that does each of the following:

(A)

Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.

(B)

Expressly prohibits any non-residential use of the lot.

(C)

Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

(D)

If the lot is not created by an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile.

(E)

States that the property is formed by an urban lot split and is therefore subject to the city's urban lot split regulations, including all applicable limits on dwelling size and development.

F.

SPECIFIC ADVERSE IMPACTS.

(1)

Notwithstanding anything else in this section, the city may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

(2)

"Specific adverse impact" has the same meaning as in Gov. Code § 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).

(3)

The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

G.

COASTAL REGULATIONS APPLY IN FULL. Nothing in this section alters or lessens the effect or application of the California Coastal Act.

H.

REMEDIES. If a two-unit project violates any part of this code or any other legal requirement:

(1)

The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

(2)

The city may:

(A)

Bring an action to enjoin any attempt to sell, lease, or finance the property.

(B)

Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

(C)

Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.

(D)

Record a notice of violation.

(E)

Withhold any or all future permits and approvals.

(F)

Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city's code.

(Ord. No. 2021-10, § 3(Exh. A), 12-13-21)

CHAPTER 88.44. - SURFACE MINING AND RECLAMATION

88.44.010. - Purpose. ¶

This Chapter is adopted in compliance with the California Surface Mining and Reclamation Act of 1975 (Public Resources Code 2710 et seq.). The Council finds and determines that:

A.

The extraction of minerals is essential to the continued economic well-being of the state and to the needs of the society, and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety;

B.

The reclamation of mined lands as provided in this chapter will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land; and

C.

Surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different, and that reclamation operations and the specifications for the reclamation may vary accordingly.

88.44.020. - Definitions. ¶

Definitions of the technical terms and phrases used in this chapter may be found under "surface mining" in Article 7 (Glossary).

(Ord. No. 2020-02, § 3, 2-3-20)

88.44.030. - Applicability. ¶

The requirements of this chapter apply to all surface mining activities within the city, except the following:

A.

Excavations or grading conducted for farming or onsite construction or for the purpose of restoring land following a flood or natural disaster;

B.

Prospecting and exploration for minerals of commercial value where less than 1,000 cubic yards of overburden is removed in any one location of one acre or less;

C.

Any surface mining operation that does not involve either the removal of a total of more than 1,000 cubic yards of minerals, ores, and overburden or involve more than one acre in any one location;

D.

Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose; and

E.

Other mining operations that the city determines to be of an infrequent nature and which involve only minor surface disturbances and are categorically identified by the state board in compliance with Public Resources Code 2714D. and 2758C.

88.44.040. - Permit and Reporting Requirements. ¶

A.

Any person, except as provided in Public Resources Code 2776, who proposes to engage in surface mining operations shall, prior to the commencement of operations, obtain:

1.

A use permit to mine in compliance with Section 88.50.050 (Use Permits); and

2.

Approval of a reclamation plan in compliance with this chapter and as further provided in Public Resources Code 2770 et seq.

B.

No person who has obtained a vested right to conduct a surface mining operation prior to January 1, 1975 shall be required to secure a use permit as long as the vested right continues, provided that no substantial change is made in that operation except in compliance with the provisions of this chapter. A person shall be deemed to have such vested rights if, prior to January 1, 1976, he has in good faith and in reliance upon a use permit, if such a permit was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary for the operation.

C.

A person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976 shall submit to the director a reclamation plan for operations to be conducted after January 1, 1976, unless a reclamation plan was approved by the city prior to January 1, 1976, and the person submitting the plan has accepted responsibility for reclaiming the mined lands in compliance with that plan. The reclamation plan shall be approved within three months of the date the director deems the plan complete.

D.

Nothing in this chapter shall be construed as requiring the filing of a reclamation plan or the reclamation of mined lands on which surface mining operations were conducted prior to but not after January 1, 1976.

E.

The owner, lessor, lessee, agent, manager, or other person in charge of any mining operation of whatever kind or character within the state shall forward to the Director of the State Division of Mines and Geology and the City of Azusa not later than July 1, 1991, and every year thereafter not later than an anniversary date established by the director, upon forms which shall be supplied by the state, a report which contains all the required information as specified in Section 2207 et seq.

88.44.050. - Compliance with Surface Mining and Reclamation Act. ¶

The city will ensure compliance with the California Surface Mining and Reclamation Act as follows.

A.

The state geologist shall be notified of the filing of all applications.

B.

Required reclamation plans shall consist of at least those items as outlined in Public Resources Code Section 2770 et seq.

C.

This chapter shall automatically be updated from time-to-time as the state legislature adopts or amends the Surface Mining and Reclamation Act. Those changes shall be incorporated into this chapter by reference.

88.44.060. - Performance Bond. ¶

Upon a finding by the commission that a supplemental guarantee for the reclamation of the mined land is necessary, and upon the determination by the director of the cost of the reclamation of the mined land according to the reclamation plan, a surety bond, lien, or other security guarantee conditioned upon the faithful performance of the reclamation plan shall be filed with the department. The surety shall be executed in favor of the city and shall be reviewed and revised, as necessary, bi-annually. The surety shall be maintained in an amount equal to the cost of completing the remaining reclamation of the site, as prescribed in the approved or amended reclamation plan, during the succeeding two-year period or other reasonable term.

88.44.070. - Periodic Review. ¶

As a condition of approval for the use permit or the reclamation plan or both, a schedule for periodic inspections of the site shall be established to evaluate continuing compliance with the permit and the reclamation plan.

CHAPTER 88.46. - TELECOMMUNICATIONS FACILITIES

88.46.010. - Purpose. ¶

This chapter establishes development standards consistent with federal law to: regulate the placement and design of communication facilities so as to preserve the unique visual character of the city, promote the aesthetic appearance of the city, and to ensure public safety and welfare; pursue additional benefits from the facilities to the public by encouraging the leasing of publicly owned properties where feasible for the development of communication facilities; and to acknowledge and provide the community benefit associated with the provision of advanced communication services within the city.

88.46.020. - Definitions. ¶

The technical terms and phrases used in this chapter are defined in Article 7 (Glossary) under "telecommunications facility.

(Ord. No. 2020-02, § 3, 2-3-20)

88.46.030. - Applicability. ¶

The location, permit requirements, and other provisions of this chapter shall apply to all communications facilities within the city, except the following, which are exempt from this chapter. All communication facilities shall also comply with all applicable requirements of state and federal law.

A.

Replacement or modification of previously permitted facilities or equipment determined by the director to be of minor nature that does not increase the number or height of antennas or significantly change or enlarge the ancillary related equipment at the site. This would include additional auxiliary generators as deemed necessary by the zoning administrator or his designee.

B.

An antenna that is one meter (39.37 inches) or less in diameter or diagonal measurement, that is designed:

1.

To receive direct broadcast satellite service, including direct-to-home satellite service, as defined by Section 207 of the Telecommunications Act of 1996, Code of Federal Regulations Title 47, and any interpretive decisions thereof issued by the Federal Communications Commission; or

2.

For subscribing to a multipoint distribution service.

C.

A satellite earth station (SES) antenna of two meters (78.74 inches) or less in diameter or diagonal measurement, located in a commercial or industrial zoning district, that is designed to transmit or receive radio communications by satellite or terrestrial communications antenna. These antennas may require a building permit and approval of the placement by the director to ensure maximum safety is maintained. In order to avoid tripping hazards and the creation of an attractive nuisance, these antennas shall be placed whenever possible, on the top of buildings as far from the edge of rooftops as possible.

(Ord. No. 10-O1, § 17, 3-1-10)

88.46.040. - Permit Requirements. ¶

A.

Use Permit or Minor Use Permit. Use permit approval is required for all communication facilities subject to this chapter except for the facilities listed in subsections A.1, A.2, and A.3, which shall require minor use permit approval. The director shall ensure through the minor use permit approval that each facility complies with all applicable requirements of this chapter, with the height and location of the antenna to be a component of the minor use permit process and subject to the discretion of the zoning administrator or his designee.

1.

An antenna that is installed, placed, and maintained under the roofline of an existing structure, or above, behind, and below an existing approved roof screen and does not extend above the highest point of the structure, or is camouflaged within an existing structure so as not to be visible from a public right-of-way or other property.

2.

A communication facility in which the antenna is mounted on a mast less than ten feet high, is not located on an historic structure, and is not visible from a public right-of-way.

3.

An amateur and/or citizens band antenna operated by a person holding a license issued by the FCC in compliance with 47 C.F.R. Part 97, and used solely in connection with that license, and which shall be

subject to the "minimum practicable regulation to accomplish the local authority's legitimate purpose," in keeping with the order of the FCC known as "PRB-1," FCC 85-506, released September 19, 1985.

B.

Application Requirements. In addition to the information required for use permit or minor use permit application by Chapter 88.50 (Planning Permit Filing and Processing) the application for a communication facility shall include a report, as required by the police department, to evaluate the potential for interference (e.g., HF, UHF, VHF, 800 mHz). The applicant shall be responsible for paying any costs incurred by the city, including the costs of retaining consultants, to review and analyze the report.

C.

Master Use Permit. A service provider who intends to establish multiple wireless telecommunications facilities within the city is encouraged to apply for the approval of all facilities under a master use permit. Under this approach, all proposed facilities may be acted upon by the city as a single application, ensuring feasibility of long range company projections.

D.

Communications Consultant May Be Required. In the event that the city needs assistance in understanding the technical aspects of a particular proposal, the services of a communications consultant may be requested to determine the engineering or screening requirements of establishing a specific wireless communications facility. This service will be provided at the applicant's expense.

E.

Required Findings for Approval. The approval of a use permit for a communication facility shall require that the review authority first make the following findings, in addition to those required for use permit approval by Section 88.51.040 (Use Permits and Minor Use Permits):

1.

The communication facility complies with all applicable requirements of this chapter; and

2.

The communication facility will not adversely impact the character and aesthetics of any public right-ofway.

(Ord. No. 10-O1, § 18, 3-1-10; Ord. No. 2020-02, § 3, 2-3-20)

88.46.050. - Limitations on Location. ¶

A.

Location Priorities. A communication facility shall not be approved or located on other than a publicly owned site; except that the review authority may approve a facility elsewhere within a District, Corridor, or Neighborhood established by Article 2 (Urban Standards), in the order of priority of district sites first,

corridor sites second, and neighborhood sites third, if it first determines for each location in the above priority order that:

1.

The applicant has demonstrated that all publicly owned sites are infeasible; and/or

2.

There is no publicly owned site where a facility would provide adequate coverage; and

3.

A facility in other than the DW district will be effectively integrated with institutional and/or public utility architecture so as to not be apparent to casual observation.

Colors and Materials. All antennas, poles, towers, or equipment, including ancillary support equipment, shall have a non-reflective finish and shall be painted or otherwise treated to match or blend with the primary background and minimize visual impacts. Antennas attached to a structure shall be painted or otherwise treated to match the exterior of the structure or the antenna's background color. All groundmounted equipment shall be covered with a clear anti-graffiti type material of a type approved by the director or shall be adequately secured to prevent graffiti.

D.

Screening, Landscaping. All ground mounted equipment, antennas, poles, or towers shall be sited to be screened by existing development, topography, or vegetation, or integrated into building architecture or a structure other than a communications tower, or designed to appear as a different object (e.g., tree, etc.)

1.

Ground mounted facilities shall be located within structures, underground, or in areas where substantial screening by existing structures or vegetation can be achieved.

The applicant shall use the smallest and least visible antennas possible to accomplish the owner/operator's coverage objectives.

3.

As part of project review, the director, the commission, or the council (on appeal) may require additional screening and/or landscaping, undergrounding, an alternative color scheme, or relocation of a tower or ancillary equipment to a less obtrusive area of the site where it would have a less prominent visual presence due to slope, topography, size, or relationship to public rights-of-way.

E. [Reserved.]

F.

Power Lines. All power lines to and within a communication facility site shall be underground.

G.

Backup Power Supplies. A backup power supply (i.e., generator) located in an industrial zoning district shall be enclosed within a structure and operated in compliance with Section 88.46.060.D (Screening). In any zoning district, ancillary power supplies and fuel storage tanks to support backup power supplies shall require use permit approval.

(Ord. No. 06-O6, § 1B, 8-7-06; Ord. No. 10-O1, § 19, 3-1-10)

88.46.070. - Operation and Maintenance Standards. ¶

A.

Contact and Site Information. The owner or operator of any facility shall submit and maintain current at all times basic contact and site information. The applicant shall notify the city of any changes to the information submitted within 30 days of any change, including change of the name or legal status of the owner or operator. This information shall include the following:

1.

Identity, including name, address, and telephone number, and legal status of the owner of the facility including official identification numbers and FCC certification, and if different from the owner, the identity and legal status of the person or entity responsible for operating the facility;

2.

Name, address, and telephone number of a local contact person for emergencies;

3.

Type of service provided; and

Identification signs, including emergency phone numbers of the utility provider, shall be posted at all communication facility sites.

B.

Facility Maintenance. All communication facilities and related equipment, including lighting, fences, shields, cabinets, and poles shall be maintained in good repair, free from trash, debris, litter, graffiti, and other forms of vandalism, and any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed by the service provider from any facility or equipment as soon as practicable, and in no instances more than 48 hours from the time of notification by the city.

C.

Landscaping Maintenance. All trees, foliage, and other landscaping elements on a communication facility site, whether or not used as screening, shall be maintained in good condition at all times in compliance with the approved landscape plan. The facility owner or operator shall be responsible for replacing any damaged, dead, or decayed landscaping as promptly as reasonably possible. Amendments or modifications to the landscape plan shall be submitted for approval to the director. The review authority may also require a landscape maintenance agreement.

D.

Noise. Each communication facility shall be operated so as to minimize the generation of noise that is audible from off the site. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 10:00 p.m. and 7:00 a.m. on weekday nights. At no time shall equipment noise from any source exceed an exterior noise level of 60 dB at the property line.

E.

Site Inspection Required. Each owner or operator of a facility shall routinely and regularly inspect each site to ensure compliance with the standards identified in this chapter.

F.

Exterior Lighting. Any exterior lighting shall be manually operated and used only during night maintenance or emergencies, unless otherwise required by applicable Federal law or FCC rules. The lighting shall be constructed or located so that only the intended area is illuminated and off-site glare is fully controlled. Light fixtures shall be low wattage, hooded, and downward directed.

88.46.080. - Discontinuance and Site Restoration. ¶

All equipment associated with a communication facility shall be removed within 30 days of the discontinuance of the use and the site shall be restored to its original pre-construction condition, to the approval of the director. The service provider shall provide the city with a notice of intent to vacate a site a minimum of 30 days before site vacation. This removal requirement, and appropriate bonding requirements, shall be included in the terms of a lease for a facility on public property. A private lease for a facility located

on private property is encouraged to include terms for equipment removal, since the property owner shall be ultimately responsible for removal of the equipment.