HomeMy WebLinkAboutORD 1506•
ORDINANCE NO. 1506
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK,
CALIFORNIA, AMENDING CHAPTER 153 OF TITLE XV OF THE BALDWIN PARK
MUNICIPAL CODE TO ADD A HOUSING ELEMENT RE-USE SITE OVERLAY ZONE
TO COMPLY WITH STATE HOUSING ELEMENT LAW AND ASSOCIATED
AMENDMENTS TO THE ZONING CODE (AZC NO. 23-02, Z NO. 23-02) ADDING
CHAPTER 153.112 (HOUSING ELEMENT RE-USE SITE OVERLAY ZONE) AND
MODIFYING CHAPTER 153.030 AND THE ZONING MAP
WHEREAS, the State of California requires that all jurisdictions adopt a
comprehensive long-term General Plan for the City; and
WHEREAS, the Housing Element is a required element of the General Plan and
must address the existing and projected housing needs of all economic segments of the
City; and
WHEREAS, the State of California requires the Housing Element to be updated
for the 6th cycle of Housing Element updates statewide, and certified by the California
State Department of Housing and Community Development (HCD); and
WHEREAS, California Government Code Section 65583 requires that the Housing
Element Update contain: (i) an assessment of the City's housing needs and an analysis
of the resources and constraints, both governmental and non-governmental, relevant to
the meeting of these needs; (ii) an inventory of land suitable and available for residential
development and an analysis of the development potential of such sites; (iii) a statement
of the community's goals, quantified objectives, and policies relative to the maintenance,
preservation, improvement, and development of housing; and (iv) programs that set forth
a schedule of actions the local government is undertaking or intends to undertake to
implement the policies and achieve the goals and objectives of the Housing Element
Update; and
WHEREAS, in 2017, the California Legislature passed Assembly Bill 1397
amending Sections 65580, 65583, and 65583.2 of the California Government Code,
which took effect on January 1, 2018, that regulates the obligation of local governments
to identify a supply of adequate sites available to meet their housing needs for all income
levels in their housing elements; and
WHEREAS, California Governmental Code Section 65583.2 requires that vacant
sites identified in the 4th and 5th Cycle Housing Elements and non-vacant sites identified
in the 5th Cycle Housing Element only be deemed adequate to accommodate a portion of
the housing need for lower-income households if the site is zoned at residential densities
consistent with the default density established by HCD (30 units per acre for Baldwin
Park) and the site allows residential use by right for housing developments in which at
least 20 percent of the units are affordable to lower-income households; and
WHEREAS, to comply with State Housing Element law, the Housing Element
includes Program H3-6 ("AB 1397 Reuse of Sites") to create a housing overlay that
regulates the reuse of sites; and
WHEREAS, a total of 14 parcels identified in the 6th Cycle Housing Element Sites
Inventory used to accommodate lower-income housing needs are subject to the re-use
provisions of California Government Code Section 65583.2; and
WHEREAS, the 14 parcels subject to the re-use provisions of California
Government Code Section 65583.2 are located in MU-2 zone, which incentivizes lot
consolidation through graduated density. Lots less than 20,000 square feet in size have
a maximum density of 15 units per acre; the maximum residential density is 30 dwelling
units per acre on lots with a minimum of 20,000 square feet; and
WHEREAS, consistent with State Housing Element law, sites are only deemed
adequate to accommodate the housing needs of lower-income households if the site is
zoned at a density of 30 dwelling units per acre regardless of lot size; and
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
overlay zones with the Government Code.
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, the City Council determines the public health, safety
and general welfare of the City of Baldwin Park, its residents and property owners can
benefit by amending the Baldwin Park Municipal Code (BPMC) to allow higher density
lower-income housing by right, and it is in the best interest of the community to amend
the BPMC accordingly.
SECTION 2. Based on the foregoing findings and determinations, Baldwin Park
Municipal Code Title XV("Land Usage"), Chapter 153 ("Zoning Code") is amended to add
a new Subchapter 153.112 ("Housing Element Re-Use Site Overlay Zone") as follows:
153.112 HOUSING ELEMENT RE-USE SITE OVERLAY ZONE
§ 153.112.010 INTENT AND PURPOSE.
The Housing Element Re-Use Site Overlay Zone is established pursuant to Cal.
Government Code §§ 65580, 65583, and 65583.2 to regulate the City's obligation
to identify a supply of adequate sites available to meet the City's housing needs
for all income levels in the Housing Element.
§ 153.112.020 APPLICABILITY.
(A) Pursuant to Cal. Government Code §§ 65580, 65583, and 65583, the
Housing Element Re-Use Site Overlay zone shall apply to the following
properties that have been re-used in the 6th Cycle Housing Element to
accommodate the lower income housing needs:
(1) Vacant properties previously identified in the 4th and 5th Cycle
Housing Elements; and
(2) Non-vacant properties previously identified in the 5th Cycle
Housing Element
(B) These properties are designated on the Zoning Map under the Housing
Element Re-Use Site Overlay Zone.
§ 153.112.030 APPROVAL PROCEDURES.
Residential developments in which at least 20 percent of the units are affordable
to lower-income households shall be allowed by right and qualify for ministerial
processing if compliant with all applicable objective development and design
standards.
§ 153.112.040 DEVELOPMENT STANDARDS.
Consistent with the default residential densities established by the California
Department of Housing and Community Development, residential developments
shall be allowed at a maximum of 30 dwelling units per acre regardless of lot size.
SECTION 3. Based on the foregoing findings and determinations, Baldwin Park
Municipal Code Title XV ("Land Usage"), Chapter 153 ("Zoning Code"), Subchapter
153.030 ("Establishment of Zones") is amended to add a new Housing Element Re-Use
Site Overlay Zone to the list of zone designations as follows:
Zone Designation Zone Corresponding General Plan Land Use
Symbol Designation
Housing Element Re- (HEO) All
Use Site Overlay Zone
SECTION 4. Based on the foregoing findings and determinations, the Baldwin Park
Zoning Map is amended to add the Housing Element Re-Use Site Overlay Zone to 14
parcels as indicated in Attachment A.
SECTION 5. Based on the foregoing findings and determinations, the City Council
adopts the findings of fact as follows relating to zone text and map amendments:
1) The zoning text and map amendment is consistent with the goals, policies, and
objectives of the General Plan. Creation of the overlay zone and application to
identified properties implements Housing Element Goal H3.0, which states that
that the City will provide adequate residential sites through appropriate land use
and zoning designations to accommodate the City's regional share of housing
needs. The amendment directly implements Housing Program H3-6 (AB 1397
Reuse of Sites) and was required by the California Department of Housing and
Community Development to be included in the Housing Element. The new overlay
is applied to Mixed Use-2 zoned properties, which have a General Plan
designation of Mixed Use where residential uses are allowed.
2) The amendment would not adversely affect surrounding properties. Any future
proposed residential developments would be required to comply with.applicable
development regulations of the underlying zone, including those addressing
minimizing potential effects on existing adjacent properties.
3) The amendment promotes public health, safety, and general welfare. The
amendment provides for the orderly and compatible development of new uses that
will enhance the character of the community while creating additional affordable
housing options.
4) The amendment serves the goals and purposes of the Zoning Code. The
amendment aligns with the Zoning Code structure which allows for base zoning
and overlay zoning and does not introduce conflicts to the goals and purposes of
the zoning code. The Housing Element includes program actions to review, and
modify as needed, the Zoning Code to be compliant with State law and further
encourage diverse housing options, consistent with State Housing Element law
requirements.
SECTION 6. Pursuant to the California Environmental Quality Act, an Initial Study
and Addendum to the General Plan Environmental Impact Report have been prepared
for the Project, which consists of the three new General Plan Elements and a Zoning
Amendment to add Chapter 153.115 to the Zone Code. The Addendum concluded
that no new significant impacts or impacts of substantially greater severity than
previously described would occur as a result of the proposed Project. This Ordinance
is an implementation measure of the 6th Cycle Housing Element that was articulated
in the project description for the Addendum. As such, any potential impacts associated
with the Ordinance are consistent with potential impacts characterized and mitigated
for in the 2002 approved General Plan EIR, no new significant impacts or impacts of
substantially greater severity than previously described would occur as a result of the
proposed Project, and pursuant to CEQA Guidelines Section 15164(c), an Addendum
is included in the public record. No further environmental documentation is required
because all potentially significant effects (a) have been analyzed adequately in the
Addendum pursuant to applicable standards, and (b) have been avoided pursuant to
the Addendum. Therefore, in accordance with CEQA and the CEQA Guidelines
(Section 15168(c)), the project elements are within the scope of the Addendum; that
Addendum continues to be pertinent with considerable information value; and project
elements do not give rise to any new or substantially more severe significant effects,
nor do they require any new mitigation measures or alternatives. Accordingly, no new
environmental document is required.
SECTION 7. This ordinance shall go into effect and be in full force and operation from
and after thirty (30) days after its final reading and adoption.
PASSED AND APPROVED ON THE 2nd DAY OF August, 2023
EMMANU VITRADA,
MAYOR
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss:
CITY OF BALDWIN PARK )
I, CHIRSTOPHER SANZ 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 July 19, 2023. Thereafter, said Ordinance
No. 1506 was duly approved and adopted at a regular meeting of the City Council on
August 2, 2023 by the following vote:
AYES: COUNCILMEMBER: AVILA, AYALA, DAMIAN, GARCIA, ESTRADA
NOES: COUNCILMEMBER: N/A
ABSENT: COUNCILMEMBER: N/A
ABSTAIN: COUNCILMEMBER: N/A
(,,/ ..-- ''' -----
Christopher Saenz
CITY CLERK
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