HomeMy WebLinkAboutORD 1503 ORDINANCE NO. 1503
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK, CALIFORNIA, AMENDING THE BALDWIN PARK MUNICIPAL
CODE, TITLE XV, LAND USAGE, CHAPTER 153, ZONING CODE,
SECTION 153.040.010 RELATED TO RESIDENTIAL ZONES AND
SECTION 153.220 RELATED TO DEFINITIONS, AND ADDING CHAPTER
153, ZONING CODE, PART 5 RELATED TO URBAN DEVELOPMENT
UNITS AND URBAN LOT SPLITS, AND AMENDING CHAPTER 152,
SUBDIVISION REGULATIONS,ADDING SUBSECTION 152.030 RELATED
TO URBAN LOT SPLITS, AND MAKING A FINDING OF EXEMPTION
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, Baldwin Park Municipal Code Title XV, Land Usage, Chapter 153,
Zoning Code, implements the City's General Plan, establishing land use and development
regulations in the City of Baldwin Park ("City"), which includes regulations governing
residential development and urban lot splits in accordance with the Government Code;
WHEREAS, Baldwin Park Municipal Code Title XV, Land Usage, Chapter 152,
Subdivision Regulations, implements the State Subdivision Map Act (Government Code
Section 66410 et. seq.), establishing land division regulations in the City of Baldwin Park
("City"), which includes regulations for urban lot splits in accordance with the Government
Code;
WHEREAS, in 2021, the California Legislature passed Senate Bill 9 (the
"California Housing Opportunity and More Efficient — HOME —Act"), which took effect on
January 1, 2022, requiring jurisdictions to consider certain two-unit residential
development projects and lot splits in single-family residential zones ministerially and
according to objective design standards;
WHEREAS, there is a continued effort by the State of California to require
jurisdictions to use a ministerial and streamlined process for specified housing projects,
and this ministerial and streamlined process requires objective design standards to
address a variety of design issues typically resolved during a discretionary design review
process;
WHEREAS, the City desires to amend its local regulations to allow for certain
urban residential developments and urban lot splits to be approved ministerially and in
consideration of objective design standards and regulations, consistent with state law;
WHEREAS, the City Planning Commission held a duly noticed public hearing on
May 24, 2023 to consider the proposed Zoning Ordinance and Subdivision Ordinance
Amendments related to certain urban residential developments and urban lot splits, and
approved Planning Commission Resolution No. 23-13, recommending that the City
Council adopt Ordinance No. 1503, on a vote of 5 to 0 ; and
WHEREAS, on June 21, 2023, the City Council held a duly noticed public hearing
on the proposed Zoning Ordinance and Subdivision Ordinance Amendments related to
urban residential developments and urban lot splits, along with objective design standards
and regulations, at which all those wishing to be heard were allowed to speak or present
written comments and other materials.
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NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby
ordain as follows:
SECTION 1. The foregoing recitations are hereby adopted by the City Council as
findings. Based on those findings, and the evidence and records presented, the City
Council determines the public health, safety and general welfare of the City, its residents,
and property owners can benefit by amending the Baldwin Park Municipal Code (BPMC)
to incorporate regulations for the ministerial approval and application of objective design
standards for certain urban residential developments and urban lot splits, and it is in the
best interest of the community to amend the BPMC accordingly.
The City Council further finds and determines that:
A. The proposed amendments are consistent with the goals and policies of all
elements of the General Plan, and any applicable specific plan, as they
implement goals and policies of the General Plan to provide increased housing
opportunities in the City.
B. The proposed amendments would not be detrimental to the public interest,
health, safety, convenience or welfare of the City in that they would amend the
Municipal Code to require certain urban residential developments and urban
lot splits to be approved ministerially and in consideration of objective design
standards and other regulations, thereby meeting the requirements of state
law.
C. The proposed amendments are exempt from the California Environmental
Quality Act ("CEQA") pursuant to Section 15358 of the CEQA Guidelines
(California Code of Regulations, Title 14, Chapter 3) because it will not result
in a direct or reasonably foreseeable indirect physical change in the
environment. Moreover, the City Council finds that this Ordinance is exempt
from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines as there
is no possibility that this activity will have a significant adverse effect on the
environment. The proposed amendments create regulations that would ensure
that urban residential developments and urban lot splits that are proposed
adhere to objective design standards and regulations and are approved
ministerially. Finally, the Ordinance is statutorily exempt from CEQA pursuant
to California Government Code sections 65852.21(j) and 66411.7(n), which
provide that the adoption of an ordinance by a city or county implementing the
provisions of Government Code sections 66411.7 and 65852.21 (i.e., SB 9) is
statutorily exempt from CEQA.
SECTION 2. Based on the foregoing findings and determinations, Baldwin Park
Municipal Code Title XV ("Land Usage"), Chapter 153 ("Zoning Code"), Subchapter
153.040.010 ("Residential Zones") is hereby amended as follows:
153.40 RESIDENTIAL ZONES
§ 153.040.010 INTENT AND PURPOSE
Four residential zones are established to provide residents with comfortable, healthy, safe and
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pleasant living environments. These zones should be separated from incompatible and
disruptive activities that may conflict with this purpose. The zones are designed to
accommodate specific types of development approaches and housing to serve the needs of city
residents.
(A) Low-Density Single-Family Residential Zone (R-1-7,500). The R-1-7,500 zone provides
areas for the development of detached single-family dwelling units, duplexes, and two
attached single-family dwelling units on a single lot on lots greater than or equal to 7,500
square feet in size. The zone is intended to protect and stabilize desirable characteristics
of single-family residential areas, including larger lot sizes and separation from
incompatible land uses.
(B) Single-Family Residential Zone (R-1). The R-1 zone provides areas for the development
of detached single-family dwelling units, duplexes, and two attached single-family
dwelling units on a single lot. The zone is also intended to protect and stabilize desirable
characteristics of single-family residential areas.
(C) Garden Multi-Family Residential Zone (R-G). The R-G zone provides an environment
suitable for both small-lot detached or attached dwelling units where more than one unit
may be built on a lot. The intent is to promote desirable characteristics for medium-
density neighborhoods.
(D) High Density Multi-Family Residential Zone (R-3). The R-3 zone provides opportunities
for persons to live in small-lot single family developments and developments containing
multiple units, such as apartments or condominiums with common open space and other
shared amenities.
SECTION BasedBa dwin Park
I 3. on the foregoingfindings I
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Municipal Code Title XV ("Land Usage"), Chapter 153 ("Zoning Code"), Part 5 ("Urban
Development Units and Urban Lot Splits") is hereby added as follows:
Part 5. URBAN DEVELOPMENT UNITS AND URBAN LOT SPLITS
153.040.200 INTENT AND PURPOSE.
The purpose of this section is to regulate the development and use of urban development units,
as defined in Section 153.220 (Definitions) and urban lot splits in the R-1 zone in accordance
with California Government Code Sections 65852.21 and 66411.7. The purpose also is to
regulate the design of urban development units in manner that preserves the low-density
character of neighborhoods in the R-1 zone, promotes site planning and architectural design
that add value to the property and neighborhood, and allows for creativity while establishing
baseline standards.
153.040.210 RELATIONSHIP TO OTHER STANDARDS AND REQUIREMENTS.
The standards and limitations set forth in this section shall apply to urban development units and
urban lot splits within R-1 zone, notwithstanding any other conflicting provisions of this chapter
or title. In the event of a conflict between the provisions of this section and any other provision of
this chapter, title, or other provisions of the Baldwin Park Municipal Code, the provisions of this
section shall prevail.
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153.040.220 INTERPRETATIONS.
The provisions of this Section shall be interpreted to be consistent with the provisions of
California Government Code Sections 65852.21 and 66411.7 and shall be applied in a manner
consistent with State law.Any requirement or development standard of the Baldwin Park
Municipal Code shall not apply to the extent it is prohibited by any provision of State law for
urban development units and urban lot splits.
153.040.230 APPLICATION AND REVIEW.
(A) Application.An applicant for an urban development unit or units or an urban lot split shall
submit an application on a form prepared by the City, along with all information and
materials prescribed by such form. No application shall be accepted unless it is
completed as prescribed and is accompanied by payment for all applicable fees.
(B) Review. Consistent with State law, the Director will consider and approve or disapprove
a complete application for an urban development unit or units or an urban lot split
ministerially, without discretionary review or public hearing.
(C) Nonconforming Conditions.An urban development unit application may only be
approved if all nonconforming zoning conditions are first corrected prior to such
approval. The correction of nonconforming zoning conditions is not a requirement for
ministerial approval of an urban lot split.
(D) Effectiveness of Approval. The ministerial approval of an urban development unit or units
or an urban lot split does not take effect until the City has confirmed that all required
documents have been recorded.
(E) Hold Harmless.Approval of an urban development unit or units or an urban lot split shall
be conditioned on the applicant agreeing to defend, indemnify, and hold harmless the
city, its officers, agents, employees, and/or consultants from all claims and damages
(including attorney's fees) related to the approval and its subject matter.
(F) Specific, Adverse Impacts. Notwithstanding anything else in this section, the Director
may deny an application for an urban development unit or units or an urban lot split if the
Building Official makes a written finding, based on a preponderance of the evidence, that
the project would have a specific, adverse impact, as defined and determined in
California Government Code Section 65589.5
(G) (d) (2), 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.
153.040.240 GENERAL REQUIREMENTS.
Proposed urban development units and an urban lot splits must satisfy all the following general
requirements to be considered eligible for ministerial review. The applicant shall demonstrate to
the reasonable satisfaction of the Director that each of these requirements are satisfied. The
applicant and each owner of the property shall provide a sworn statement, in a form approved
by the Director, attesting to all facts necessary to establish that each requirement is satisfied.
The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn
statement, including but not limited to, surveying owners of nearby properties, and the City may
require additional evidence of the applicant and owner, as necessary, to determine compliance
with this requirement.
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(A) Single-Family Zone. The subject property shall be located within the R-1 zone.
(B) Limited Zones. The proposed development shall not be located on any site identified in
California Government Code Section 65913.4 (a) (6) (B) through (K), unless the
development satisfies the requirements specified therein. Such sites include, but are not
limited to, prime farmland, wetlands, high or very high fire hazard severity zones, special
flood hazard areas, regulatory floodways, and lands identified for conservation or habitat
preservation as specifically defined in California Government Code Section 65913.4.
(C) Historic District. The proposed development shall not be located within a historic district
or on property included on the State Historic Resources Inventory, as defined in Section
5020.1 of the California Public Resources Code, or within a site that is designated or
listed as a city landmark or historic property pursuant to any City ordinance.
(D) Housing Demolition. The proposed development shall not require the demolition or
alteration of housing that is subject to the following:
1. A recorded covenant, ordinance, or law that restricts rents to levels affordable to
persons and families of moderate, low, or very low income.
2. Any form of rent or price control.
3. Has been occupied by a tenant within the last three (3) years.
4. Involves the demolition of more than 25 percent of the existing exterior structural
walls of any housing unit on the lot, if any existing or previously demolished housing
unit on the lot has been occupied by a tenant in the last three (3) years.
5. Housing, or a lot that used to have housing, that has been withdrawn from rental or
lease under the Ellis Act(Government Code Section 7060-7060.7) at any time in the
15 years prior to submission of the two-unit project.
(E) Ownership. The subject property shall be owned solely by one or more individual
property owners or entity.
(F) Existing Improvements. The subject property shall not contain improvements that
required issuance of a building permit at the time of construction, unless plans are
submitted for approval, fees and permits are obtained for such improvements, including
final inspection, prior to application for a any residential development subject to this
section.
(G) Urban Lot Split. In the case of an urban lot split, the lot proposed to be subdivided shall
not have been established through a prior urban lot split, nor shall such lot be adjacent
to any lot that was established through an urban lot split by the owner of the subject lot
or by any person acting in concert with the owner of the subject lot.
153.040.250 LOCATION.
A lot on which an urban development unit or units or an urban lot split is proposed must be
located within the R-1 zone.A lot located within a multiple-family or mixed-use zone shall not be
eligible to be developed with an urban development unit or units or subdivided through an urban
lot split pursuant to this section.
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153.040.260 NUMBER OF DWELLING UNITS.
The following development is permitted on each lot, as follows:
(A) No Lot Split.
1. Two primary dwelling units; or
2. If the two primary dwellings are detached from each other: one junior accessory
dwelling unit and one accessory dwelling unit associated with one of the two (2)
primary dwellings, up to four(4) units on the lot; or
3. If the two (2) primary dwellings are attached to each other: one converted accessory
dwelling unit and two detached accessory dwelling units associated with the
multifamily dwelling structure, up to five (5) units on the lot.
(B) Lot Split. Up to two (2) units are allowed on each newly created lot, consisting of at least
one primary unit and either a second primary unit, an accessory dwelling unit, or junior
accessory dwelling unit.
153.040.270 SEPARATE CONVEYANCE.
(A) Same Lot. Primary dwelling units located on the same lot may not be owned or conveyed
separately from one another.All fee interest in a lot and all dwellings must be held
equally and undivided by all individual owners of the lot.
(B) Two Lots. Separate conveyance of the two lots resulting from an urban lot split is
permitted, subject to any applicable provisions of Chapter 152 (Subdivision Regulations)
for such conveyance.
(C) Limitation on Conveyance. Condominium airspace divisions and common interest
developments are not permitted for urban development units or on a lot or lots created
through an urban lot split.
153.040.280 USE LIMITATIONS.
(A) Residential Use Only. Non-residential use of any lot containing an urban development
unit or units or created through an urban lot split is prohibited. Only those uses allowed
by right in the R-1 zone, as applicable, shall be permitted.
(B) Short-Term Rental Prohibited. The rental of any dwelling unit on a lot containing an
urban development unit or units or created through an urban lot split is restricted to a
term of thirty (30) consecutive days or longer duration.
(C) Deed Restriction Required. If a lot is fully developed with the number of dwelling units
permitted pursuant to this section, the applicant or property owner shall record a deed
restriction in a form approved by the City Attorney's office stipulating that no further
development on the lot is permitted.
153.040.290 HOUSING REPLACEMENT REQUIREMENTS.
If the proposed urban development unit or units or urban lot split will result in the demolition of
protected housing, as defined in California Government Code Section 66300, the applicant shall
replace each demolished protected unit and comply with all applicable requirements of
California Government Code Section 66300 (d).
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153.040.300 DEVELOPMENT STANDARDS.
(A) Development Standards.An urban development unit or units and the development of a
lot created through an urban lot split shall be subject to the development standards set
forth in Table 153.040.300— Development Standards for Urban Development Units and
Urban Lot Splits.
Table 153.040.300
Development Standards for Urban Development Units
and Urban Lot Splits
Standard Requirement Notes
Dwelling Unit Size for New Unit Maximum size of the new unit shall be limited by
on a Lot with Existing Unit maximum lot coverage standard, below.
Minimum 500 sf In any circumstance, the new unit is allowed to be at
least 800 square feet is size.
Dwelling Unit Size (each) Where Maximum size of each unit shall be limited by
Two New Units Are Proposed maximum lot coverage standard, below.
Minimum 500 sf In any circumstance, each unit is allowed to be at least
800 square feet is size.
Dwelling Unit Height (Maximum) 16 feet Limited to one story at ground level, measured to the
for 1) new unit on lot with an highest point of roof.
existing unit and 2) lot where two
new units are proposed
Dwelling Unit Setbacks for 1) new Setbacks also apply to an attached or detached
unit on lot with an existing unit garage.
and 2) lot where two new units
are proposed: Rear setback may be reduced to 5 feet minimum for a
detached garage.
Minimum Front Minimum 20 feet
Interior Side Minimum 4 feet
Street Side 4 feet
Minimum Rear 4 feet
Minimum Building Separation 6 feet Applies also to all detached structures on the lot.
Maximum Lot Coverage 45% of lot Includes all buildings, primary and accessory
area
Minimum Number of Parking 1 space/du Parking for an existing primary dwelling unit shall be
Spaces maintained for that unit as required by Section
153.150 (Off-Street Parking and Loading).
Parking for a new dwelling unit or units may be
provided in an attached or detached garage or may
be an unenclosed space on the same lot.
Tandem parking is not allowed; all spaces must be
individually accessible and unobstructed by another
space.
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Table 153.040.300
Development Standards for Urban Development Units
and Urban Lot Splits
Standard . Requirement Notes
Minimum Private Open Space 20% of lot Area shall be continuous, with a minimum length and
Area area, divided width dimension of 15 feet.
equally per
unit Shall be located within the interior side, street side,
or rear yard area of the lot.
(B) Exceptions to Required Setbacks. The required setbacks of Table 153.040.300—
Development Standards for Urban Development Units and Urban Lot Splits do not apply
or shall be modified under the following circumstances:
1. Any street adjacent setback shall be measured from the ultimate right-of-way line.
2. The projection into a required setback shall be subject to the provisions of Section
153.130.030 (Permitted Projections into Required Yard Areas).
(C) Exceptions to Required Number of Parking Spaces. The required number of parking
spaces of Table 153.040.300— Development Standards for Urban Development Units
and Urban Lot Splits do not apply under the following circumstances:
1. The lot is located within one-half mile walking distance of either a high-quality transit
corridor, as defined in California Public Resources Code Section 21155 (b), or a
major transit stop, as defined in California Public Resources Code Section 21064.3.
2. There is a car share vehicle located within one (1) block of the lot.
(D) Other Applicable Regulations. In addition to the requirements contained in this section,
regulations and standards for development within the R-1 zone contained in other
sections of this chapter may be applied to a qualifying two-unit residential development
and the development of a lot created through an urban lot split, unless specifically
modified in this section, or unless it would preclude any new primary dwelling unit from
being at least 800 square feet in floor area.
(E) Priority to Consideration of Other Exceptions to Standards. Any required standard that
would have the effect of physically precluding the construction of up to two primary
residential units on a lot or that would physically preclude each new unit from being at
least 800 square feet in floor area shall be modified or waived to the extent necessary,
as determined by the Community Development Director or designee, to allow the
development of two primary residential units on a lot. In order to waive or modify certain
standards, the City has established the following priorities and procedures for
allowances for exceptions and has established the following limits to the development
standards as indicated.
1. The following development standards, in descending order of priority, with the first
development standard listed having the highest priority, shall be applied to
exceptions:
a) Lot coverage up to 60 percent
b) Dwelling unit front setback, exclusive of garage front, up to within 10 feet of the
front property line; the garage front shall be set back at least 20 feet in all
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circumstances
c) For lots less than 2,000 square feet in size, dwelling unit height up to 22 feet
d) Building separation to the minimum separation required by the Building Code
e) Private open space area of 15 percent of lot area
2. In applying any exception, an urban development unit or units or urban lot split shall
be designed such that a development standard given a lower priority is modified or
waived before a development standard given a higher priority. If each lot can
accommodate two 800-square-foot primary dwelling units by modifying or waiving a
development standard with a lower priority, then an application that proposes a
design requiring the modification or waiver of a development standard with a higher
priority will be denied.
3. Allowing an exception shall not be interpreted to permit the construction of new
garages or accessory structures, or the maintenance of existing accessory structures
not providing required parking, where the development or maintenance of two 800-
square-foot dwelling units on the lot would not be physically precluded in the
absence of such proposed or existing structures.
4. As part of the application for an exception, the applicant shall provide a written
explanation that specifically lists every development standard the applicant seeks to
modify and waive, describes why waiver or modification of each development
standard is needed to prevent physically precluding the construction of up to two
primary residential units on the lot and/or each new unit from being at least 800
square feet in floor area, and demonstrates that the requested modifications and/or
waivers are consistent with the prioritization hierarchy.
(F) Nonconforming Conditions.A two-unit project may be approved without requiring a legal
nonconforming zoning condition to be corrected.
(G) Utilities
1. All dwelling units shall be connected to public water utilities and to either public sewer
or an onsite wastewater treatment system.
2. Each primary dwelling unit must have its own direct utility connection to the utility
service provider.
153.040.310 OBJECTIVE DESIGN STANDARDS.
An urban development unit project that creates two new dwelling units and the development of a
lot created through an urban lot split for which two new dwelling units are proposed shall be
subject to the following objective design standards.
(A) Site Design.
1. The unit located closest to the street shall have the front door oriented toward the
street. On a corner lot, both units may be oriented toward the same street.
2. On lots fifty (50) feet or less in width, a common driveway shall be used to access
both units. For urban lot splits, reciprocal access via the driveway shall be required
and recorded via a deed for both properties. No parking shall be permitted on such
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common driveways.
3. For any unit oriented toward an adjacent street, a pedestrian walkway separate from
the driveway shall be provided to the primary entry. Such entries may also provide
connection to any accessory dwelling unit, junior accessory dwelling unit, or other
infill development unit located on the site.
4. Driveway approaches (curb cuts) shall be permitted only to provide access to
approved garages, carports, and parking spaces.
5. All driveways that lead to a front-facing garage shall have a minimum five (5)-foot-
wide landscaped area between the driveway and the adjacent side property line. For
lots less than fifty (50) feet in width, the required landscaped area shall be a
minimum of ten (10) percent of the lot width or three (3) feet, whichever is greater.
6. All garage faces shall be set back a minimum distance of twenty (20) feet from the
front lot line or, on a corner lot, from the side lot line.
7. A detached garage or carport is permitted to have access to an abutting alley if:
a) The garage or carport entrance is set back a minimum of four feet from the rear
property line;
b) A forty-five-degree visibility triangle is provided on either side of the garage or
carport; and
c) The garage door does not cross the property line when opened or closed.
(B) Building Design. In addition to the architectural standards set forth in Section
153.130.050 (Architectural Standards), the following shall apply.
1. Massing and Articulation. The purposes of regulating building massing and
articulation are to ensure a building fits well on a site, respects the scale of the
neighborhood, and avoids bulky appearance. The following shall apply.
a) Street-facing facades on every floor shall not run in a continuous plane of more
than ten (10) feet without one of the following treatments included on the façade
at every building story:
i. Window
ii. Entry door(ground floor only)
iii. Change in plane (recess or projection) of at least one (1) foot in depth
iv. Change in material
v. Shutters
b) Side and rear facades shall not run in a continuous plane of more than fifteen
(15) feet without one of the following:
i. Window
ii. Change in plane (recess or projection) of at least one (1) foot in depth
iii. Change in material
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iv. Shutters
2. Architectural Style.
a) For the purpose of defining architectural styles as set forth in this Section, the
reference guide shall be the most currently published version of A Field Guide to
American Houses: the definitive guide to identifying and understanding America's
domestic architecture by Virginia Savage McAlester or American House Styles:A
Concise Guide by John Milnes Baker, AIA. The Community Development
Director or designee may identify an alternative source or sources, provided such
source is made publicly available.
b) Using the building design reference document identified above, projects shall
identify an architectural design style and include at least five features in their
design consistent with the description of the selected style:
i. Roof type and characteristic pitch (required)
ii. Roof rake, eave overhang, and cornice detail
iii. Wall façade symmetry or asymmetry and detail
iv. Wall material and arrangement relative to roof
v. Window type, relative proportion, shape, and detail
vi. Door type, relative proportion, shape, and detail
vii. Porch type, relative proportion, shape, and detail
c) Both primary units on a lot or in the circumstance of an urban lot split, each newly
created lot, shall be designed and constructed in the same architectural style.
d) Every façade of each primary unit shall have architectural detailing as directed by
the provisions of this subsection (B).
3. Entries. The primary entry to each unit shall be defined by a porch, stoop, or
recessed area consistent with the selected architectural style of the unit. Columns
used to frame the entry shall not extend more than above twelve (12) feet from the
ground floor. Recessed areas shall have a minimum depth of three (3) feet for up to
thirty (30) square feet.
4. Garage Doors.
a) Blank, flat garage doors shall not be allowed. Garage doors shall match the
selected architectural style of the structure.
b) Garage doors visible from a street shall be recessed at least three (3) feet from
the garage wall.
5. Garage Frontage.
a) Where a garage is located on the front half of the lot and the garage door faces a
street and the lot width is fifty (50) feet or less in width, the garage frontage
including the door width shall not exceed fifty (50) percent of the width of the front
façade of the building. For lots wider than fifty(50) feet, the garage façade
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including the door shall not exceed forty (40) percent of the front façade of the
building.
b) Side-loaded garages may be used to diminish the impact of garages along the
street frontage. The use of at least two (2) of the following design elements shall
be used on the street-facing side of the garage:
i. Landscaping with a mature height of at least twenty-four(24) inches.
ii. Raised planters with a minimum height of twelve (12) inches and
landscaping with a mature height of at least twelve (12) inches.
iii. Windows.
iv. Decorative trellis.
v. Change in materials consistent with exterior materials of proposed unit.
6. Roof Treatments.
a) Rooflines lines greater than thirty (30) linear feet along a street-facing property
line shall be vertically articulated with at least one of the following techniques.
i. A change in height of a minimum of four(4) feet
ii. A change in roof form
iii. Dormers with a minimum length of eight (8)feet of façade, and a
consistent roof form
b) Rooflines greater than fifty (50) linear feet along a side or rear property line shall
be vertically articulated with at least one of the following techniques.
i. A change in height of a minimum of four(4) feet
ii. A change in roof form
iii. Dormers with a minimum length of eight (8) feet of façade, and a
consistent roof form
7. Windows.
a) Window Trim or Recess. Trim at least one inch in depth must be provided around
all windows, or the window must be recessed at least two (2) inches from the
plane of the surrounding exterior wall. For double-hung and horizontal sliding
windows, at least one sash shall achieve a two (2) inch recess.
b) Raw or clear anodized aluminum window frames are prohibited.
8. Materials and Colors. At least three (3) materials or colors shall be used consistently
on all building fagades for both primary units and shall be appropriate to the selected
architectural style of the building style referenced above in subsection
153.140.310(B)(2). Roof and glazing material or color are excluded and do not count
towards this requirement. The following building elements with materials and colors
count towards this requirement:
a) Main building
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b) Wainscoting
c) Trim work
d) Exterior doors
e) Garage doors
f) Decorative elements, including trellis, iron work, planter boxes, etc. with a
minimum of ten (10) square feet in surface area
9. Vents, Gutters, and Downspouts. All vents, gutters and downspouts, louvers, and
exposed flashing shall be concealed within the wall or roof construction or if exterior,
shall consist of materials and a style characteristic of the selected architectural
design style referenced above in subsection 153.140.310(B)(2). Plastic material shall
be prohibited.
(C) Site Details.
1. Lighting. All lighting shall comply with Section 153.140.040 (Light and Glare).
2. Fences and Walls. Fences and walls shall comply with the standards for the R-1
zone in Section 153.130.060 (Fences and Walls).
3. Utilities. Ground-level utilities and mechanical equipment directly serving either or
both primary units shall not be located within any front yard area.
154.040.320 DEED RESTRICTION.
Prior to approval of a parcel map for an urban lot split and/or the issuance of a building permit
for the development of an urban development unit or units, the owner of record of the property
shall provide the Director a copy of a covenant agreement, declaration of restrictions, or similar
deed restriction recorded against the property, which is in a form acceptable to the Director, that
includes the following:
(A) No Short-Term Rental. Expressly requires the rental of any dwelling unit on the property
be for a term longer than 30 consecutive days.
(B) Residential Use Only. Expressly prohibits any non-residential use of the lot.
(C) No Separate Conveyance. Expressly prohibits primary dwelling units located on the
same lot from being owned or conveyed separately from one another.
(D) Equal Ownership. Expressly requires all fee interest in each lot and all dwellings to be
held equally and undivided by all individual owners of the lot.
(E) No Further Subdivision of Ownership. Expressly prohibits condominium airspace
divisions and common interest developments on the property.
(F) Conformance with City Requirements. States that the property was formed and/or
developed pursuant to the provisions of this section and is therefore subject to the City
regulations set forth in this Section, including all applicable limits on dwelling size and
development.
(G) Limits Number of Units. Expressly prohibits more than two dwelling units of any kind
from being constructed or maintained on a lot that results from an urban lot split.
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(H) Benefit and Enforcement by City. States all of the following:
1. That the deed restriction is for the benefit of and is enforceable byCity the of Baldwin
Park.
2. That the deed restriction shall run with the land and shall bind future owners,their
heirs, and successors and assigns.
3. That lack of compliance with the deed restriction shall be good cause for legal action
against the owner of the property.
4. That, if the City is required to bring legal action to enforce the deed restriction, then
the City shall be entitled to its attorneys'fees and court costs.
5. That the deed restriction may not be modified or terminated without the prior written
consent of the City.
153.040.330 FEES.
Development of lots pursuant to this section shall be subject to all applicable fees, including
development impact fees and assessments duly adopted by the City.
153.040.340 EXPIRATION OF APPROVAL.
The approval of an urban development unit or units or urban lot split, where the parcel map has
not been recorded, shall become null and void if construction is not commenced within 12
months of the approval, except in the case of an urban lot split, within one-year of the
recordation of the parcel map, 24 months. The Community Development Director or designee
may extend or renew such approval for construction commencement one additional year. In the
event construction has commenced, but not diligently advanced or completed, the rights granted
pursuant to the approval shall expire upon expiration of the building permits.
153.040.350ADDITIONAL REQUIREMENTS FOR URBAN LOT SPLITS.
(A) Conformance with Subdivision Regulations. An urban lot split must conform to all
applicable objective requirements of the Subdivision Map Act, including implementing
requirements of this section and Chapter 152 (Subdivision Regulations). However, no
dedication of rights-of-way or construction of offsite improvements is required solely for
an urban lot split.
(B) Lot Size. The parcel map for an urban lot split is limited to subdividing an existing lot to
create no more than two new lots of approximately equal area, where at least one newly
created lot is at least 40 percent or more of the lot area of the original lot, with a
minimum size of 1,200 square feet. The lot to be split must have an area of at least
2,400 square feet.
(C) Easements. Easements within a parcel map for an urban lot split shall comply with the
following:
1. The owner shall enter into an easement agreement with each utility/public-service
provider to establish easements that are sufficient for the provision of public services
and facilities to each of the resulting lots.
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2. Each easement shall be shown on the tentative parcel map and the final parcel map.
3. Copies of the unrecorded easement agreements shall be submitted with the
application. The easement agreements shall be recorded against the property before
the final parcel map may be approved.
(D) Lot Access.Access for each lot within a parcel map for an urban lot split shall have a
minimum frontage to the adjacent public street as follows:
1. Lot that is fifty (50) feet or less in width: nine (9) feet.
2. Lot that is more than 50 (fifty) in width: twelve (12) feet.
(E) Improvements Required. Each resulting lot must be developed in accordance with
improvement plans processed concurrently with the parcel map application and
approved by the City, showing the location and dimensions of all structures, driveways,
parking areas, pedestrian pathways, and other improvements proposed to be
constructed or to remain on each lot. Approval of a parcel map for an urban lot split shall
be subject to the City's approval of such related improvement plans and all related
approvals required by law.
(F) Required Affidavit. The applicant for a parcel map for an urban lot split must include a
signed affidavit on forms provided by the City stating that the owner of the original lot
intends to occupy one of the dwelling units on one of the resulting lots as principal
residence for a minimum of three years after the final parcel map for the urban lot split is
recorded.
SECTION 4. Based on the foregoing findings and determinations, Baldwin Park
Municipal Code Title XV ("Land Usage"), Chapter 153 ("Zoning Code"), Subchapter
153.220 ("Definitions") is hereby amended to add the text under the specified headings as
follows:
153.220.020 A DEFINITIONS
"Accessory Dwelling Unit(ADU) and Junior Accessory Dwelling Unit(JADU). Accessory
Dwelling Unit and Junior Accessory Dwelling Unit shall have the meanings ascribed to these
terms in Section 153.120.350 (Accessory Dwelling Units and Junior Accessory Dwelling Units)."
153.220.100 I DEFINITIONS
"Individual Property Owner. 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. An individual property owner
does not include any corporation or corporate person of any kind; such as partnership, limited
partnership, limited liability company, C corporation, S corporation, etc., except for a
community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii))
or a qualified nonprofit corporation (as defined by Revenue and Taxation Code Section
214.15)."
15.220.150 N DEFINITIONS
"New Primary Dwelling Unit. Either a new, additional dwelling unit that is created on a lot
where a primary dwelling unit already exists or an existing dwelling unit that is expanded to
create an entirely separate but attached dwelling unit pursuant to Section 153.135, but does
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not include an accessory dwelling unit or junior accessory dwelling unit."
153.220.220 U DEFINITIONS
"Urban Development Unit. A housing development consisting of no more than two (2)
primary residential units, either attached or detached, within the R-1 zone that qualifies for
ministerial review pursuant to California Government Code Section 65852.21. A housing
development contains two residential units if the development proposes no more than two (2)
new units or if it proposes to add one new unit to one existing primary unit."
"Urban Lot Split. Shall have the same meaning as stated in California Government
Code Section 66411.7."
SECTION 5. Based on the foregoing findings and determinations, Baldwin Park
Municipal Code Title XV ("Land Usage"), Chapter 152 ("Subdivision Regulations"),
Subchapter 152.030 ("Urban Lot Splits") is hereby added as follows:
152.030 URBAN LOT SPLITS.
(A) Relationship to Other Standards and Requirements. The provisions of this section apply
to the processing of parcel maps for urban lot splits pursuant to California Government
Code Section 66411.7 and Part 5 (Urban Development Units and Urban Lot Splits) of
Section 153.040 (Residential Zones) of Chapter 153 (Zoning Code).
(B) Parcel Map Approval. Notwithstanding the Subdivision Map Act or any other provision of
this chapter, an application for a tentative parcel map for an urban lot split is approved or
denied ministerially, by the Director of Community Development or designee, without
discretionary review or action. A tentative parcel map for an urban lot split is approved
ministerially if it complies with the requirements of Part 5 (Urban Development Units and
Urban Lot Splits) of Section 153.040 (Residential Zones) of Chapter 153 (Zoning Code),
applicable objective requirements of this chapter, and the Subdivision Map Act. The
tentative parcel map may not be recorded. A final parcel map is approved ministerially,
but not until the owner demonstrates that the required documents have been recorded,
including but not limited to, deed restriction and easements. The tentative parcel map for
an urban lot split expires twenty-four(24) months after approval.
(C) Technical Guidance and Procedures. The City Engineer, in consultation with the Director
of Community Development, has the authority to establish technical guidance and
procedures for the processing, approving, and finalizing of parcel maps for urban lot
splits that are consistent with State law and the City's requirements.
(D) Access. Each newly created lot shall have direct access to a public street.
(E) Minimum Lot Width. Each newly created lot within a parcel map for an urban lot split
shall have a minimum frontage to the adjacent public street as follows:
1. Lot that is fifty (50) feet or less in width: nine (9) feet.
2. Lot that is more than 50 (fifty) in width: twelve (12) feet.
(F) No Prior Urban Lot Split. The following shall apply to an urban lot split.
1. The lot to be split shall not have been established through a prior urban lot split.
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The lot to be split shall not be adjacent to any lot that was established through
a prior urban lot split by the owner of the lot to be split or by any person acting
in concert with the owner]"
SECTION 6. If any section, subsection, subdivision, sentence, clause, phrase or
portion of the Ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this Ordinance. The City Council hereby declares that it would
have adopted this Ordinance and each section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared
invalid or unconstitutional.
SECTION 7. To the extent the provisions of the BPMC as amended by this
Ordinance are substantially the same as the provisions of that Code as they read
immediately prior to the adoption of this Ordinance, then those provisions shall be
construed as continuations of the earlier provisions and not as new enactments.
PASSED AND APPROVED ON THE 5th DAY OF JULY 2023
EMMANUAL J. ESTRA:1117 OR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) ss:
CITY OF BALDWIN PARK )
I, CHRISTOPHER SAENZ, City Clerk of the City of Baldwin Park, do hereby certify
that the foregoing Ordinance was regularly introduced and placed upon its first reading at
a regular meeting of the City Council on June 21, 2023. Thereafter, said Ordinance No.
1503 was duly approved and adopted at a regular meeting of the City Council on July 5,
2023, by the following vote:
AYES: COUNCILMEMBER ESTRADA,AVILA,AYALA, DAMIAN, GARCIA
NOES: COUNCILMEMBER N/A
ABSENT: COUNCILMEMBER N/A
ABSTAIN: COUNCILMEMBER N/A
CHRISTOPHER SAENZ
CITY CLERK
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IINW
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