The City of Azusa Development Code carries out the policies of the Azusa General Plan by regulating development and land uses within the city, consistent with the general plan. This Development Code is adopted to protect and to promote the public health, safety, comfort, convenience, prosperity, and general welfare of residents, and businesses in the city. More specifically, the purposes of this Development Code are to:

A.

Provide standards for the continuing orderly growth and development of the city that will assist in enhancing and maintaining distinct community identity, and contribute to the health and well being of residents;

B.

Create a comprehensive and stable pattern of development and land uses upon which to plan transportation, water supply, sewerage, energy, and other public facilities and utilities;

C.

Ensure that proposed development is of human scale, pedestrian-oriented, energy conserving, and is designed to create attractive streetscapes and pedestrian spaces;

D.

Minimize automobile congestion through pedestrian-oriented development, compact community form, safe and effective traffic circulation, and adequate parking facilities; and

E.

Ensure compatibility between different types of development and land uses.

This Development Code is enacted based on the authority vested in the City of Azusa by the State of California, including but not limited to: the State Constitution; the Planning and Zoning Law (Government Code Sections 65000 et seq.); and the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.).

This Development Code shall be administered by: the Azusa City Council, hereafter referred to as the "council;" the planning commission, referred to as the "commission;" the economic and community development director, referred to as the "director;" the zoning administrator, and the community development department, hereafter referred to as the "department," as specified by the provisions of this Development Code.

This Development Code applies to all land uses, subdivisions, and development within the City of Azusa, as follows.

A.

New Land Uses or Structures, Changes to Land Uses or Structures. It shall be unlawful, and a violation of this Development Code for any person to establish, construct, reconstruct, enlarge, alter, or replace any use of land or structure, except in compliance with the requirements of Section 88.10.050 (Approval Requirements for Development and New Land Uses), and Chapter 88.54 (Nonconforming Uses, Structures, and Parcels). No building permit or grading permit shall be issued by the city unless the proposed construction complies with all applicable provisions of this Development Code.

B.

Subdivisions. Any subdivision of land proposed within the city after the effective date of this Development Code shall be consistent with the minimum lot size requirements of the applicable zone by Article 2 (Urban Standards), the city's subdivision regulations, and all applicable requirements of this Development Code.

C.

Minimum Requirements. The provisions of this Development Code shall be minimum requirements for the promotion of the public health, safety, and general welfare. When this Development Code provides for discretion on the part of a city official or body, that discretion may be exercised to impose more stringent requirements than set forth in this Development Code, as may be determined by the applicable review authority to be necessary to promote orderly land use and development, environmental resource protection, and the other purposes of this Development Code.

D.

Conflicting Requirements:

1.

Development Code and Municipal Code Provisions. If a conflict occur between requirements of this Development Code, or between this Development Code, the City of Azusa Municipal Code, or other regulations of the city, the most restrictive shall apply.

2.

Development Agreements or Specific Plans. If conflicts occur between the requirements of this Development Code and standards adopted as part of any development agreement or applicable specific plan, the requirements of the development agreement or specific plan shall apply.

3.

Private Agreements. This Development Code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction (for example, CC&Rs), without affecting the applicability of any agreement or restriction.

E.

Other Requirements May Apply. Nothing in this Development Code eliminates the need for obtaining any other permits required by the city, or any permit, approval or entitlement required by any other applicable special district or agency, and/or the regulations of any state, or federal agency.

Each structure and/or land use shall be established, constructed, reconstructed, enlarged, altered, moved or replaced in compliance with the following requirements.

A.

Allowable Use. The land use shall be allowed by Article 2 (Urban Standards) in the neighborhood, district, or corridor where the site is located.

B.

Permit and Approval Requirements. Any planning permit or other approval required by Article 2 shall be obtained before the issuance of any required grading, building, or other construction permit, and before the proposed use is constructed, otherwise established or put into operation, unless the proposed use is listed in Section 88.10.060 (Exemptions from Planning Permit Requirements).

C.

Development Standards, Conditions of Approval. Each land use and structure shall comply with the development standards of Article 2, Article 3 (Site Development and Operational Standards), and any applicable conditions imposed by a previously granted planning permit.

D.

Legal Parcel. The site of a proposed development or new land use shall be a parcel that was legally created in compliance with the Subdivision Map Act and the city's subdivision ordinance.

E.

New Nonresidential Land Use in Existing Building or on Developed Site. A land use identified by Article 2 (Urban Standards) as a "P" (permitted) use, that is proposed on a site where no construction requiring a building permit will occur, shall require a zoning clearance as provided by Section 88.51.020 (zoning clearance) to ensure that the site complies with all applicable standards of this Development Code, including parking, landscaping, signs, trash enclosures, etc. Zoning clearance shall not be granted and the proposed land use shall not be established unless the site and existing improvements comply with all applicable requirements of this Development Code, except as provided by Chapter 88.54 (Nonconforming Uses, Structures, and Parcels).

(Ord. No. 2020-02, § 3, 2-3-20)

The planning permit requirements of this Development Code do not apply to the structures, land uses, and activities identified by this section. These are allowed in all planning areas subject to compliance with this section.

A.

General Requirements for Exemption. The land uses, structures, and activities identified by subsection B. are exempt from the planning permit requirements of this Development Code only when:

1.

The use, activity or structure is established and operated in compliance with the setback requirements, height limits, and all other applicable standards of Article 2 (Urban Standards), Article 3, (Site Development and Operational Standards), Article 4 (Standards for Specific Land Uses), and, where applicable, Chapter 88.54 (Nonconforming Uses, Structures, and Parcels); and

2.

Any permit or approval required by city regulations other than this Development Code is obtained (for example, a building permit).

B.

Exempt Activities and Land Uses. The following are exempt from the land use permit requirements of this Development Code when in compliance with subsection A. above.

1.

Decks, Paths and Driveways. Decks, platforms, on-site paths, and driveways that are not required to have a building permit or grading permit.

2.

Fences and Walls. See Section 88.30.020 (Fences, Walls, and Screening).

3.

Interior Remodeling. Interior alterations that do not increase the gross floor area of the structure, or change the permitted use of the structure.

4.

Repairs and Maintenance.

a.

Single-Family Dwellings. Ordinary non-structural repairs to, and maintenance of, single-family dwellings.

b.

Multi-Family, and Non-Residential Structures. Ordinary non-structural repairs to, and maintenance of multi-family residential and non-residential structures, if:

(1)

The work does not change the approved land use of the site or structure, or add to, enlarge or expand the land use and/or structure; and

(2)

Any exterior repairs employ the same materials and design as the original construction.

5.

Small, Portable Residential Accessory Structures. A single portable structure of 120 square feet or less per lot or unit, including pre-manufactured storage sheds and other small structures in residential zoning districts that are exempt from building permit requirements in compliance with the Municipal Code and the Uniform Building Code. Additional structures may be approved in compliance with Section 88.42.020 (Accessory Structures), where allowed by the applicable zoning district.

6.

Spas, Hot Tubs, and Fish Ponds. Portable spas, hot tubs, and constructed fish ponds, and similar equipment and structures that do not: exceed 120 square feet in total area including related equipment; contain more than 2,000 gallons of water; or exceed two feet in depth.

7.

Utilities. The erection, construction, alteration, or maintenance by a public utility or public agency of utilities intended to service existing or nearby approved developments shall be permitted in any zoning district. These include: water; gas; electric; supply or disposal systems; including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, etc., but not including new transmission lines and structures. See Section 88.30.090 for utility undergrounding requirements. Satellite and wireless communications antennas are not exempt, and are instead subject to Chapter 88.46 (Telecommunications Facilities).

A.

Authority. The director has the authority to interpret any provision of this Development Code. Whenever the director determines that the meaning or applicability of any Development Code requirement is subject to interpretation, the director may issue an official interpretation. The director may also refer any issue of interpretation to the commission for their determination.

B.

Rules of Interpretation.

1.

Language. When used in this Development Code, the words "shall," "must," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "includes" and "including" shall mean "including but not limited to …"

2.

Time Limits. Whenever a number of days is specified in this Development Code, or in any permit, condition of approval, or notice provided in compliance with this Develop-ment Code, the number of days shall be construed as calendar days. A time limit shall extend to 5:30 p.m. on the following working day where the last of the specified number of days falls on a weekend or holiday.

3.

Regulating Plan Boundaries. See Section 88.20.020 (Planning Areas Established).

4.

State Law Requirements. Where this Development Code references applicable provisions of state law (for example, the California Government Code, Subdivision Map Act, or Public Resources Code), the reference shall be construed to be to the applicable state law provisions as they may be amended from time to time.

C.

Procedure for Interpretations. Whenever the director determines that the meaning or applicability of any requirement of this Development Code is subject to interpretation generally, or as applied to a specific case, the director may issue an official interpretation. The director may also forward any interpretation of the meaning or applicability of any provision of this Development Code directly to the commission for a determination at a public meeting.

1.

Findings, Basis for Interpretation. The issuance of an interpretation shall include findings stating the basis for the interpretation. The basis for an interpretation may include technological changes or new industry standards. The issuance of an interpretation shall also include a finding documenting the consistency of the interpretation with the general plan, and any applicable specific plan.

2.

Record of Interpretations. Official interpretations shall be:

1.

Written, and shall quote the provisions of this Development Code being interpreted, and the applicability in the particular or general circumstances that caused the need for interpretations, and the determination; and

2.

Distributed to the council, commission, director, city manager, city attorney, city clerk, and department staff.

Any provision of this Development Code that is determined by the director to need refinement or revision will be corrected by amending this Development Code as soon as is practical. Until an amendment can occur, the director will maintain a complete record of all official interpretations as an appendix to this Development Code, and indexed by the number of the article or section that is the subject of the interpretation.

3.

Appeals. Any interpretation of this Development Code may be appealed in compliance with Chapter 88.56 (Appeals).