HomeMy WebLinkAboutORD 820ORD 820 pT3 (Ìì Ò ¦ ORDIANNCE NO. 820
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK AMENDING SECTION
9400 THROUGH SECTION 9903 CF THE BALCWIN
PARK ZCNING CODE AND ADOPTION OF SAID
CODE IN A REVISED FORMAT. URGENCY ORDINANCE)
THE CITY COUNCIL OF BALDWIN PARK DOES ORDAIN AS
FOLLOWS:
SECTION 1. That certain of the provisions of the Baldwin Park
Zoning Code as enacted by Ordinance 357 of the city council of the City
of Baldwin Park and thereafter amended through and including the effective
date of this ordinance, to wit: Sectiond 9400 through and including 9903
inclusive, are hereby suspended during such in Section 5 hereof.
SECTION 2. That attached hereto and incorporated herein by
this reference, marked Exhibit A" is that certain document which shall
through and including Section 9806, inclusive of the Baldwin Park
Municipal Code. Said Exhibit A" being a reccnpilation of the existing
provisions of the Baldwin Park Zoning Code, together with certain
amendments and deletions relating thereto, be and the same hereby is
adopted as the Baldwin Park Zoning Code, and shall be in full force and
effect form and after the date of adoption of this Ordinance.
SECTION 3. That all Ordinance, and former Code provisions
inconsistent with the provisions of Baldwin Park Zoning Code, as set
forth on Exhibit A" hereto, shall be deoned, for all purposes, to be
suspended and of no further force and effect during such time as this
Ordinance is in effect.
SECTIQSI 4. That the environmental Quality Act has been ccmplied
with in respect to the enactment of this Ordinance, in that an Environmental
Impact Report was prepared earlier relating to the City's General Plan
adoption, which said Environmental Impact Report specifically referred
to the enactmsnt of Zoning Code changes as set forth in this Ordinance.
SECTION 5. That the provisions of the Code, adopted hereby, shall
not be applicable to any building or structure
1. For which an application for a building permit has
been duly filed on or before 5:00 p.m. on
February 27, 1981; and
2. That a building permit, or permits, allowing the
construciton of the proposed project, has been
lawfully issuec on or before 5:00 p.m. on
April 16, 1981.'"
The provisions of the existing Code referred to in
Section 1 hereof shall apply to projects mseting
the provisions of subsections 1 and 2 of this section.
SECTION 6. Ihis Ordinance is hereby declared to be an Urgency
Ordinance and shall take effect inirediately upon its adoption. Said
ordinance shall be in full force and effect for a period of 120 days from
and after the adoption hereof. A statement of facts constituting the basis
of such urgency is as follows:
That pursuant to Council instructions, the Planning
Ccrmiission and Staff connenced the studies necessary to
totally recise the City's Zoning regulations; those
regulations have been so revised and have been approved
by the Planning Cormission and by this City Council; however,
due to legal requirements, such regulations cannot be
made effective, except by this Urgency measure, for a period
of between 45 and 60 days frcm the date hereof. That a
number of developments are pending which are designed in
accordance with the new regulations and an extreme hardship
shall be encountered if such developers were required to
either wait for an additional 60 days or redesign the project
BIB]
37960-U01
ORD-U02
820-U02
LI2-U03
FO4404-U03
FO32704-U03
DO32696-U03
C5-U03
ORDINANCES-U03
12/4/2003-U04
ROBIN-U04
ORD 820 pT3 (Ìì Ò ¦ Ordinance No.
Page No. 2
820
to neet the former zoning regulations; additionally/
it is not in the best interest of the City to
permit large developments, of which a number are
pending, in the preapplication stage, for the next
60 days, which do not meet the requirements of the
new zoning regulations; therefore, the public peace,
health and welfare require the immediate enactment
of the said Zoning regulations which are attached
hereto, marked Exhibit A".
SECTICN 7. That Sections 9800, 9801, and 9802 are hereby readopted
and renumbered as Sections 7600, 7601, and 7602 designated as Article VII,
Chapter 9, UNDERGROUND UTILITIES.
SECTION 8- That the City Clerk shall certify to the adoption
of this Ordinance and shall cause the same to be published in the manner
prescribed by law.
PASSED AND APPROVED this 18th day of February, 1981.
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) SS:
CITY OF BALDWIN PARK
I, LINDA L. GAIR, City Clerk of drhe City of Baldwin Park, do
hereby certify that the foregoing Ordinance No. 820 was duly passed
and approved as an Urgency Ordinance at a regular meeting of the City
Council on the 18th day of February, 1981, by the following vote;
AYES: CCONCIIMEN McNeill, Holman, King, Aquilar, and Mayor White
NOES: COUNCIIMEN None___________________________________
ABSENT: COUNCIIMEN None___________________________________
/a^/
GAIR, CTTY CLERK
BIB]
37960-U01
ORD-U02
820-U02
LI2-U03
FO4404-U03
FO32704-U03
DO32696-U03
C5-U03
ORDINANCES-U03
12/4/2003-U04
ROBIN-U04
ORD 820 pT3 (Ìì Ò ¦ ERRATA
CITY OF BALDWIN PARK ZONING CODE
JANUARY 14, 1981
The following changes are corrections to technical data and are
underlined or deleted as indicated:
PAGE SECTION
1 Table of Contents: Corrections to be made pursuant
to the following changes.
1-1 9006 tine five: Sections 9319, 9320 and 9321
hereof."
2-1 9100 A11 definitions shall be identified
in numerical order pursuant to the
fo11 owing:
A. Access..."
Accessory Building..."
2-1 9100 Accessory Use: incidental^ related..."
2-1 9100 Adjacent: located next to each other."
2-2 9100 Carport: delete Carport shall......storage."
2-3 9100 City Halt: delete City Hall shall...Park."
2-3 9100 Club, Private: delete Private"
common purpose customaril1y..
2-3 9100 Director: delete or an appointed designate."
2-3 9100 Driveway: asphalt^ concrete...."
2-4 9100 Dwelling, Two Family:"....two kitchens and used
2-4 9100 Dwelling, Multiple: or more families,"
BIB]
37960-U01
ORD-U02
820-U02
LI2-U03
FO4404-U03
FO32704-U03
DO32696-U03
C5-U03
ORDINANCES-U03
12/4/2003-U04
ROBIN-U04
ORD 820 pT3 (Ìì Ò ¦ Errata
City of Baldwin Park
Zoning Code 2
PAGE SECTION
2-4 9100 Explosive: Section 12000 of...."
2-4 9100 Family Home Mentally 111): Family Home Mentally
111 or Handicapped)...... facility
as defined by the State of California
intended....mental1y handicapped
patients...."
2-4 9100 Family Home Mentally Retarded: delete Family....setting.
2-4 9100 Fraternity: delete private."
2-4 9100 Garage: sides, provided with"
2-4 9100 Hospital, General: basis, of alcoholic...."
2-5 9100 Hotel: provided through a.
2-5 9100 Kernel:"....has reached the...."
2-6 9100 Landscaping: including but not...."
2-6 9100 Lot, Area: all public dedication...."
2-8 9100 Nursing and Convalescent Hospitals; delete a Nursing
and Convalescent Hospital, is"
2-8 9100 Parking Space: standards set forth...."
2-8 9100 Person: f1rm_,_ copartnership...."
2-9 9100 Service Station: products and may include the...."
2-9 9100 Setback, Front: shall mean a.
2-9 9100 Setback, Rear: shall mean a...."
2-9 9100 Setback, Side: shall mean a...."
2-10 9100 Structural Alterations: walls, columns, beams...."
2-11 9100 Yard: court or open...."
3-1 9200 tine ten: I Industrial"
BIB]
37960-U01
ORD-U02
820-U02
LI2-U03
FO4404-U03
FO32704-U03
DO32696-U03
C5-U03
ORDINANCES-U03
12/4/2003-U04
ROBIN-U04
ORD 820 pT3 (Ìì Ò ¦ Errata
City of Baldwin Park
Zoning Code 3-
PAGE SECTION
3-1 9201 line four: remain permanently on...."
3-1 9202 tine three: Section 9205 hereof."
3-2 9205 tine seven: of the issuance of such in-
pretation, request^ in writing filed
with the Secretary of the Commission
that the interpretation be reviewed
by the Commission. If the...."
3-2 9205 line ten: determination, by filing a written
request therefor with the City Clerk
requesting the...."
3-2 9206 tine four: Code, if such...."
BIB]
37960-U01
ORD-U02
820-U02
LI2-U03
FO4404-U03
FO32704-U03
DO32696-U03
C5-U03
ORDINANCES-U03
12/4/2003-U04
ROBIN-U04
ORD 820 pT3 (Ìì Ò ¦ Errata
City of Baldwin Park
Zoning Code 4-
PAGE SECTION
4-8 Chapter 4, Part C: delete ARCHITECTURAL"
4-8 9330 line one: delete Architectural"
4-8 9330 tine four: delte to augment....building;"
4-8 9331 line five: Services^ City Planner as the
Chairperson, City Engineer, and a
representative of the Police Department."
9332 line two: delete erection" and or expansion"
4-8
4-8
4-8
4-8
4-8
4-8
4-8
9332 line three: building or structure in the RG...."
9332 line five: delete erection or"
9332 line six: units constructed as part of a tract
map in..-."
9332.B line two: diagrams, photographs, materials...."
9332.C.line one: delete Architectural"
9332.C.1ine one: the approval, conditional approval or
disapproval of architectural...."
4-8 9332.C.tine three: the Design Review Committee shall...
4-8 9332.C.Iine four: of this Part is to...."
4-8 9332.C.line five: to visually screen...."
4-8 9332.C.line seven:"....access streets, freeways...."
4-8 9332.D.line one: delete Architectural"
4-8 9332.D.line two: the Design Review...."
4-9 9333 line two: delete Architectural"
4-9 9334 line four: the Design Review Committee, Planning
Commission or City Council, as...."
4-9 9334 line seven: delete The....appiicant."
BIB]
37960-U01
ORD-U02
820-U02
LI2-U03
FO4404-U03
FO32704-U03
DO32696-U03
C5-U03
ORDINANCES-U03
12/4/2003-U04
ROBIN-U04
ORD 820 pT3 (Ìì Ò ¦ Errata
City of Baldwin Park
Zoning Code 5-
PA6E SECTION
4-10 9340.A. line three: fans or_ similar...."
4-10 9340.C.: delete C. Modification....Chapter."
4-10 9340.D. line one: C^. Vision...."
4-10 9340.D. line nine: delete tree"
4-10 9340.E. line one: L Permitted..."
4-11 9340.F. Should read: E. Hd11, Fence or Hedge may be
Maintained. On a interior lot, a wall, fence,
or hedge not more than six 6') feet in height
may be located any where on the lot except in
those areas comprising the required front yard
or the required side yards on the street side
of such lots. The provisions of this Section
shall not be deemed to prohibit fences required
by any law, nor shall this Section apply to
retaining walls. In any R" zone, a wall, fence
or hedge thirty-six 36") inches in height, or
a non-view obscuring fence forty-eight 48")
inches in height, may be located and maintained
on any part of a lot."
4-11 9340.G. tine one: F. Shrubs and...."
4-11 9340.G. line four: Section 3 hereof.
4-12 9350 line one: Equipment. Each...."
4-14 9367 tine five: addressed as shown on the latest
equalized assessment ro11 of the County
of Los Angeles."
4-15 9368 line seven: set by resolution of the...."
4-18 9381.D. tine three: delete or metallic hooks."
4-18 9381.F. line one: ground, monument or...."
4-19 9381.M. line two: delete or....ground."
4-19 9381.R. tine one: sign not to exceed twenty four
24') square feet."
BIB]
37960-U01
ORD-U02
820-U02
LI2-U03
FO4404-U03
FO32704-U03
DO32696-U03
C5-U03
ORDINANCES-U03
12/4/2003-U04
ROBIN-U04
ORD 820 pT3 (Ìì Ò ¦ Errata
City of Baldwin Park
Zoning Code
PAGE
4-19
4-20
4-20
4-20
4-20
4-20
4-20
4-21
4-21
4-21
4-22
4-22
4-22
4-22
4-23
4-23
4-24
4-24
4-24
4-25
4-25
SECTION
9381.R. line four: days, once in...."
9382 tine three: the Director."
9382 line three: delete sentence Such....Zones."
9383.B.: delete A sign agency;"
9383.C. line three: delete 90 days after its location or
within."
9383.E.: delete E. Pubic....function."
9383.F. line one: than sixty-four 64') total square
feet or thirty-two 32') per face of....
9383.G.1. tine one: engineers, financial institution
or...."
9384: delete Section 9384
9385: Re-number Section 9385 to read 938^_
9385.B.2. tine four: of Twenty four 24') square feet."
9386: Re-number Section 9386 to read 9385.
9386.A.1. line four: height or one hundred 100)
square feet whichever is lesser."
9386.A.2. lino four: located or one hundred 100)
square feet whichever is lesser."
9386.B.3. 11ne four: located or one hundred 100)
square feet whichever is lesser."
9385.B.4. line three: Subparagraph EM_. hereof."
9386.C.I. tine five: of three hundred 300) square
feet."
9386.C.2.b.tine four: or two hundred 200) square...."
9386.C.3.a.line three: to Subparagraph C.I. hereof."
9387 Re-number Section 9387 to read 9386.
9388 Re-number Section 9388 to read 9387.
BIB]
37960-U01
ORD-U02
820-U02
LI2-U03
FO4404-U03
FO32704-U03
DO32696-U03
C5-U03
ORDINANCES-U03
12/4/2003-U04
ROBIN-U04
ORD 820 pT3 (Ìì Ò ¦ Errata
City of Baldwin Park
Zoning Code 7-
PAGE
4-25
4-25
4-25
4-26
4-27
4-27
4-27
4-27
4-28
4-28
4-28
4-28
4-28
4-29
4-29
4-31
4-31
4-31
4-31
4-31
4-31
4-31
SECTION
9388.A. delete A. Am^jtJ^atjjon^. As.. you."
9388.D. tine four: is five thousand 5000)
dotlars...."
9388.E. line four: exceed forty-five 45) days..."
9392.A.: delete 3. Carports......barrier."
9392.B.I.: delete Dimension"
9392.B.1.: ll Standards" should read Standard Space"
9392.B.I.: Compact" should read Compact Space"
9392.B.2.: add space except parallel in conformance with
Diagram F."
9392.F.3.: line four: poles, or exterior...."
9392.G.: 1ine four: constructed and maintained...."
9392.1. tine seven: surface of the...."
9392.K. line one: 1 K. Entrances and..."
9392.M. tine one: purposes, approved exit...."
9392.0. line one: Landscaping and Automatic Irrigation....
9396 line one: Each use located...."
9397.F line one: spaces plus 1...."
9397.G tine one: spaces plus 1. tl
9397.H. line one: spaces plus 1...."
9397.I. tine two: area plus one...."
9397.1. tine four: seats, plus one...."
9397.J. 1ine four: purposes, piu s one...."
9397.K. 1ine three: purposes, plus, one...."
BIB]
37960-U01
ORD-U02
820-U02
LI2-U03
FO4404-U03
FO32704-U03
DO32696-U03
C5-U03
ORDINANCES-U03
12/4/2003-U04
ROBIN-U04
ORD 820 pT3 (Ìì Ò ¦
Errata
City of Baldwin Park
Zoning Code 8~
PAGE SECTION
4-31 9397.R. line one: spaces plus 1...."
4-31 9397.S. line one: spaces plus I....'1
4-31 Add Section 9398 Special Traffic Study."
4-33 9400 line one: Automotive Service Stations...."
4-33 9401.0.I.e.: delete c) Canopy....feet"
4-34 9401.G. line one: Landscaping, automatically irrigated..."
4-34 9401.6.1 line two: wide planter along alt street side
property lines except driveways openings;
and...."
4-34 9401.G.2. tine two: delete raised"
4-34 9401.6.3. tine one: delete raised"
4-34 9401.H. tine one: such lot or use shall...."
4-34 Add 9 402. L i mitation_s_Qn_ Si te Deve1opmen t..."
4-34 9402.B. line six: delete the....prohibited."
4-35 9402.E. line one: delete Temporary"
4-35 9403. line one: delete Architectural"
4-36 9410. tine three: delete to....parks."
4-36 9411. line two: park except as...."
4-36 9412. line one: Each parcel hereafter..."
4-37 9412.E. line two: of landscaped open...."
4-37 9412.F.2. tine two: Section 9379.A. hereof."
4-37 9412.G. line one: G. Mails and Fences. Each site
shall provide walls and fences as
required by Section 9430 hereof."
4-37 9412.H.A. tine one: 1, Required. Refuse...."
BIB]
37960-U01
ORD-U02
820-U02
LI2-U03
FO4404-U03
FO32704-U03
DO32696-U03
C5-U03
ORDINANCES-U03
12/4/2003-U04
ROBIN-U04
ORD 820 pT3 (Ìì Ò ¦ Errata
City of Baldwin Park
Zoning Code 9-
PAGE SECTION
4-37 9412.H.A.I Should read 9412. H.1. a. b_,
4-37 9412.H.A.3. line one: Subsection a__ajnd_b, may.,.."
4-37 9412.H.B. tine one: 2. Location such refuse...."
4-38 9412.H.B. tine two: delete temporary"
4-38 9412.J. line one: Storage Facilities. Each...."
4-38 9413 line one: delete Architectural"
4-39 Purpose" Should read 9420. Purpose...."
4-39 Animals....Permitted." Should read 9421, Animals and
Fowl Permitted.
4-39 9421. line two: household pets, commonly,
maintained in residence with man m&y
4-30 9430.E.1.a.: genitals, pubic region...."
5-1 9501.A.2. line two: delete are"
5-1 9501.C. line one: Open Space. Landscaped private or common
areas used for recreational purposes.
5-2 9502.R. tine two: delete or side"
5-2 9502.B. line three: lot. Said boat or trailer
may be permitted along a side yard
provided that same are obscured by
a wa11 or fence six 6) feet in
height.
5-2 9503.A. line one: delete temporary"
5-2 9503.A. tine three: each R-G or R-3 zoned...."
5-3 9503.B. line one: delete temporary"
BIB]
37960-U01
ORD-U02
820-U02
LI2-U03
FO4404-U03
FO32704-U03
DO32696-U03
C5-U03
ORDINANCES-U03
12/4/2003-U04
ROBIN-U04
ORD 820 pT3 (Ìì Ò ¦
ORD 820 pT3 (Ìì Ò ¦
Errata
City of Baldwin Park
Zoning Code 11-
PAGE, SECTION
5-10 9533.2. delete: 2. An.....lot."
6-1 9600 line two: any C" or I" zoned lot".
6-1 9601 line four: Part F, Industrial I)..."
6-1 9602. tine three: and I" zones..."
6-2 9602.B.I. line one: and I" zoned.... or rear lot
than ten 10) feet..."
6-3 9602.E. line two: a masonry wall..."
6-3 9602.F. line two: delete temporary".
6-3 Add: Section 9603. same paragraph as 9504)
6-4 9614 line one: delete Architectural"
6-4 9614 tine two: the C-\ zone.
6-6 9624 tine one: delete Architectural"
6-8 9634 line one: delete Architectural"
6-9 9641 line one: Uses Permitted..."
6-9 9641.J. delete: J. Feed stores."
6-10 9641.R. delete: R. Parcel terminal."
6-9 & 10 Re-alphabetize accordingly.
6-11 9644 line one: delete Architectural"
6-12 Part F Industrial I) Zone"
6-12 9651 tine two: the I Zone..."
6-15 9652.W. line two: no tank farm is...
6-15 9653 line one: the I Zone..."
6--15 9654 tine one: delete Architectural"
6-15 9654 line three: the I Zone..."
BIB]
37960-U01
ORD-U02
820-U02
LI2-U03
FO4404-U03
FO32704-U03
DO32696-U03
C5-U03
ORDINANCES-U03
12/4/2003-U04
ROBIN-U04
ORD 820 pT3 (Ìì Ò ¦ Errata
City of Baldwin Park
Zoning Code 12-
PAGE SECTION
8-3
8-3
9805.C. 3. Commercial or Industrial development
shall provide parking and loading spaces in
the manner set forth in Section 9390 et.
seq. hereof."
9806 tine one: delete Architectural"
4-25a Add: 9388. Outdoor Advertising Structures. The following
signs soliciting public support or directing public
attention to the sale, lease, hiring or use of any
objects, products or service, which are not produced,
sold or otherwised available on the premises where
such sign is erected and maintained shall be permitted
on any property in the 0" overlay zone.
9389. OUTDOOR ADVERTISING DISTRICTS CREATION. Outdoor
Advertising Districts shall be created in the same
manner as property is reclassified from one zone to
another within the City as set forth in Section 9310
et seq. hereof. When an Outdoor Advertising District
has been so created, it shall be designated upon the
Official Zoning Map of the City as an overlay zone
by adding to the zoning designation of such property
the parenthetically enclosed O".
9390. REGULATIONS. The following regulations shall
constitute the zoning regulations applicable to all
outdoor advertising structures located, or to be located,
within the City:
A. Outdoor Advertising Structures shall be permitted
uses upon any property within the City which, in addition
to its underlying zone classification, is located in
an Outdoor Advertising District.
Yard Areas. No Outdoor Advertising Structure,
where permitted, shall be located upon any portion of
a lot which is included within a required side or front
yard area as designated by the zoning regulations
applicable to the lot upon which the same is proposed
to be located.
C. Near Street Intersections. No Outdoor Advertising
Structure shall be erected on any portion of a lot which
is within twenty-five 25') feet of the right-of-way
lines of a highway intersection.
BIB]
37960-U01
ORD-U02
820-U02
LI2-U03
FO4404-U03
FO32704-U03
DO32696-U03
C5-U03
ORDINANCES-U03
12/4/2003-U04
ROBIN-U04
ORD 820 pT3 (Ìì Ò ¦ Errata
City of Baldwin Park
Zoning Code 13-
PAGE, SECTION
D. Near Intersections. No Outdoor Advertising
Structure shall be erected at or near any highway
intersection in such a manner as to obstruct free
and clear vision of pedestrians and vehicular
traffic, or at any other location where, by reason
of the position, shape, color, words, phrases, or
symbols, may interfere with, obstruct the view of,
or be confused with any authorized traffic sign,
signal or device.
Lighting. Outdoor Advertising Structures
may be indirectly illuminated with a white light,
but no other type of lighting shall be permitted.
Hsight. No Outdoor Advertising Structure
shall exceed forty 40') feet in height measured
from the average finished grade of the lot to the
top of the same.
G. Sign Face Area. The sign face area of any
outdoor advertising structure shall not exceed
a total of 600 square feet.
Location. No Outdoor Advertising Structure
shall be placed within 300 feet from another outdoor
advertising structure on the same side of a highway
except that double face, back to back, or V-type
Advertising displays shall be exempt from the provisions
of this Section.
I. Public Right-of-Way. No Outdoor Advertising
Structure shall be located in, over or upon any public
property or right-of-way.
J. Signs on Walls, fences or Roofs. No Outdoor
Advertising Structure shall be painted or located on any
wall, building, fence or erected upon any roof of a
building.
9828. NON-CONFORMING DISPLAYS. Notwithstanding any other
provision of this Code to the contrary, any Outdoor Advertising
Structure which was in existence and lawfully maintained
as of the effective date of this Division, but which has
been rendered non-conforming as a result of the application
BIB]
37960-U01
ORD-U02
820-U02
LI2-U03
FO4404-U03
FO32704-U03
DO32696-U03
C5-U03
ORDINANCES-U03
12/4/2003-U04
ROBIN-U04
ORD 820 pT3 (Ìì Ò ¦ Errata
City of Baldwin Park
Zoning Code 14-
PAGE SECTION
of the provisions hereof, may be maintained, and
shall not be required to be removed for a period of
three 3) years from and after the effective date of
the regulations set forth in this Division. At the
end of said three year period, such non-conforming
Outdoor Advertising Structures shall be made to conform
to the requirements hereof, or the same shall be
removed.
v w^y
BIB]
37960-U01
ORD-U02
820-U02
LI2-U03
FO4404-U03
FO32704-U03
DO32696-U03
C5-U03
ORDINANCES-U03
12/4/2003-U04
ROBIN-U04
ORD 820 pT3 (Ìì Ò ¦ Jrrata
ity of Baldwin Park
ning Code 15-
AGE SECTION
1 9301 line two: for zonevariances, conditional use
/ permits and minor zone variances, as...."
*
1 9302 line two: application, conditional use permit or
minor zonevariance app1ication without..."
4-1 9302 line six: variance, conditional use permit or minor
variance, or...."
1-1 9302 line nine: Section 9314, 9315 and 9316 of this
Code and the Government Code."
1 9303 line two: The action...."
M 9303 line four: give written notice of the action within
ten 10) days fran the close of the public
hearing to the applicant."
4-1 9304 line three: of the determination...."
4-1 9304 line thirteen: Section 93J4 et^aj_ of..."
4-2 Part B-....PERMITS, MINOR ZONE VARIANCES"
4-2 9310 tine three: variances, conditional use permits and
minor zone variances whenever...."
4-2 9311 tine two: another, zone variances, conditional
use permits or minor zone variances shal1...."
4-2 9312 tine one: prepare suitable forms and shall assist
any applicant in preparation of said forms."
4-2 9312 line five: applicant may in...."
4-2 9312 tine six: withdraw the request...."
4-2 9313.A. Should read: A. Not i ce. Notice of the time and place
of public hearings before the Commission
and Council, on zone changes and amendments
to the Zoning Code, shall be given by
United States mail, postage prepaid, addressed
to the owners of property located within a
BIB]
37960-U01
ORD-U02
820-U02
LI2-U03
FO4404-U03
FO32704-U03
DO32696-U03
C5-U03
ORDINANCES-U03
12/4/2003-U04
ROBIN-U04
ORD 820 pT3 (Ìì Ò ¦ Errata
City of Baldwin Park
Zoning Code 16-
PAGE SECTION
radius of 300 feet from the external boundaries
of the property to which the application relates,
addressed to said owners as shown on the latest
equalized assessment ro11 of the County of Los
Angeles and by publication at least once, not less
than ten 10) days prior to the date of the hearing
in a newspaper of general circulation within the
City.
Such notices shall describe the subject property,
and contain a brief description of the request
and the date, time and place of the public hearing.
B. Hearing. The Commission and Council shall conduct
the noticed public heorinq on each such application
in the time and manner prescribed by State Law.
C. Commission Action. After conducting a noticed
public hearing on any proposed zone change or code
amendment, the Commission, based upon the evidence
presented, shall take one of the following courses
of action:
1. Recommend to the City Council that the request
be granted; or
2. Recommend to the City Council that the request
be granted in part, or as modified by the Commission;
or
3. Recommend to the City Council denial of the
request.
The Commission's action shall be by resolution and
contain a brief statement of facts upon which the
action is based, adopted by not less than a majority
of its total voting member.
D. City Council Action. Upon receipt by the City Clerk
of a Commission recommendation relating to a code
amendment or zone change, the Clerk shall give the
same type of notice of hearing before the Council, as is
required for hearings before the Planning Commission.
The Council shall conduct a de novo hearing upon
such matter, and shall determine whether such amendment
or change is required, in whole or in part, by the public
interest, covenience and necessity.
BIB]
37960-U01
ORD-U02
820-U02
LI2-U03
FO4404-U03
FO32704-U03
DO32696-U03
C5-U03
ORDINANCES-U03
12/4/2003-U04
ROBIN-U04
ORD 820 pT3 (Ìì Ò ¦ rrata
ity of Baldwin Park
oning Code
17
AGE
4-4
4-4
4-4
SECTION
The City Council may approve, modify or disapprove
the recommendation of the Planning Commission; provided
that any modification of the proposed regulation,
amendment or zone change by the City Council shall
first be referred to the Planning Connission for report
and recommendation, but the Planning Commission shall
not be required to hold a public hearing thereon.
Failure of the Planning Commission to report within
forty 40) days after the reference, or such longer
period as may be designated by the City Council, shall
be deemed approval of the proposed modifications.
E. Conditional Zoning.
conditions of approval
The City Council may impose
upon the reclassification of
any property from one zone classification to another,
where it finds that such conditions must be imposed
so that such reclassification shall not create problems
inimical to the public health, safety and general
welfare of the City."
F. Notice of Decision. Following the adoption of
the resolution by the Planning Commission or
City Council the Secretary of the Planning
Commission shall mail a copy thereof to the
applicant and any other person requesting the same.
G. Failure to Give Notice. Inadvertent failure to give
notice in the manner hereinabove prescribed shall have
no effect upon any proceeding before the Commission
or the Council.
Delete Sections 9314 and 9315.
Re-number Section 9316 to read 9314.
9316 Should read: 9314. Zone Variances and Conditional Use Permits.
Application for zone variances and conditional use
permits shall be processed in the following manner:
Notices. Notice of the time and place of
public hearings before the Zoning Administrator,
on zone variance and conditional use permit applications,
shall be given by United States mail, postage prepaid,
addressed to the owners of property located within a
radius of 300 feet from the external boundaries of the
property to which the application relates, addressed
to said owners as shown on the latest equalized
assessment ro11 of the County of Los Angeles and
by publication at least once, not less than ten 10)
days prior to the date of the hearing in a newspaper of
general circulation within the City.
BIB]
37960-U01
ORD-U02
820-U02
LI2-U03
FO4404-U03
FO32704-U03
DO32696-U03
C5-U03
ORDINANCES-U03
12/4/2003-U04
ROBIN-U04
ORD 820 pT3 (Ìì Ò ¦ Errata
City of Baldwin Park
Zoning Code
AGE
SECTION
18-
Such notices shall describe the subject property,
and contain a brief description of the request and
the date, time and place of the public hearing.
Hearings. The Zoning Administrator, shall
conduct a noticed public hearing on each such
application in the time and manner prescribed by
State Law.
C. Zoning Administrator's Action. After conducting
a noticed public hearing on any Zone Variance,
Conditional Use Permit or modification or revocation
proceeding relating to the same the Zoning Administrator
based upon the evidence presented shall take one
of the following courses of action:
1. Grant the request; or
2. Grant the request in part; or
3. Deny the request; or
4. Recommend no action and forward the request
to the Planning Commission.
The Action of the
and conclusive in
The timely filing
effective date of
Zoning Administrator shall be final
the absence of a timely filed appeal
of an appeal shall stay the
the Zoning Administrator's action.
D. Notice of Decision. Following the adoption of
the resolution by the Zoning Administrator, the
Secretary of the Planning Commission shall mail a
copy thereof to the applicant and any other person
requesting the same.
E. Failure to Give Notice. Inadvertent failure to
give notice in the manner hereinabove prescribed shall
have no effect upon any proceeding before the
Commission or the Council.
F. Appeal of Decision of Zoning Administrator.
Within fifteen 15) days from and after the date
of the giving of the notice by the Zoning Administrator
of his determination, any person aggrieved by such
decision may file a written appeal with the Secretary
of the Planning Commission, appealing the decision of
said Zoning Administrator; no such appeal shall be
accepted unless there is paid, contemporaneously with
BIB]
37960-U01
ORD-U02
820-U02
LI2-U03
FO4404-U03
FO32704-U03
DO32696-U03
C5-U03
ORDINANCES-U03
12/4/2003-U04
ROBIN-U04
ORD 820 pT3 (Ìì Ò ¦ errata
City of Baldwin Park
oning Code
19-
AGE SECTION
the filing of such letter, a filing and
processing fee in a sum to be set by Resolution
of the City Council.
Upon receipt of a timely filed appeal, together
with the filing and processing fee, the Secretary
of the Planning Commission shall set the matter
for a de novo hearing before the Planning
Commission. In acting upon such appeals, the
Commission shall act upon such zone variance,
conditional use permit or modification or
revocation proceeding relating thereto, in the
same manner as is set forth in this Code with
respect to the filings of the Planning Commission.
G. Effective Date of Order Granting or Denying
Variance of Conditional Use Permit, The
resolution granting or denying a zone variance,
conditional use permit or modificationor revocation
relating thereto hall become effective and
final on the fifteenth 15) day following
its adoption.
H. Appeal of Decision of Planning Commission. Mi thi n
f1fteen 15) days from and after the date of the
giving of the notice by the Zoning Administrator
of his determination, any person aggrieved by
such decision may file a written appeal with the
Secretary of the Planning Commission, appealing the
decision of said Zoning Administrator; no such appeal
shall be accepted unless there is paid, contempo-
raneously with the filing of such letter, a filing
and processing fee in a sum to be set by Resolution
of the City Council.
Upon the filing of an appeal, the Secretary of
the Commission shall forward to the City Clerk
the Commission's files with regard to such
zone variance or conditional use permit application.
Upon receipt of the same, the City Clerk shall set
the matter for a public hearing before the City
Council. The City Council shall conduct a de novo
public hearing upon said matter, and thereafter,
shall determine whether the application shall be
approved, conditionally approved or denied. In
making its determination, the City Council shall
observe the standards as set forth in Section 9315
or 9316 hereof whichever is applicable. In its
BIB]
37960-U01
ORD-U02
820-U02
LI2-U03
FO4404-U03
FO32704-U03
DO32696-U03
C5-U03
ORDINANCES-U03
12/4/2003-U04
ROBIN-U04
ORD 820 pT3 (Ìì Ò ¦ Errata
/ity of Baldwin Park
om'ng Code
20-
AGE
SECTION
9315. Should read
discretion, the City Council may, prior to
its decision, refer such matter to the Commission
for a further report, with or without additional
public hearings before said Commission. The
determination of the Council shall be by resolution,
adopted by not less than a majority of the
total voting membership of the City Council; said
resolution shall set forth the facts as found by
the Council supporting its action. The decision
of the City Council shall be final and conclusive
in all cases,
Notice of City Council's Decision. Fol1owi ng
the adoption of the resolution by the City Council,
the City Clerk shall mail a copy thereof to the
applicant and any other person requesting the same.
J. Failure to Give Notice. Inadvertent failure
to give notice in the manner hereinabove prescribed
shall have no effect upon any proceeding before
the Commission or the Council.
Zone Variance. Findings of Fact. Before any zone
variance may be granted, the applicant shall show,
to the satisfaction of the Zoning Administrator,
Commission or the Council, all of the following
facts:
A. That there are exceptional or extraordinary
circumstances or conditions applicable to the
property involved or to the intended use of such
property, which do not generally apply to other
property in the same zone; and
B. That such variance is necessary for the
preservation and enjoyment of a substantial property
right possessed by other property similarly
situated, but which is denied to the property in
questions; and
C. That the granting of the variance win not
be materially detrimental to the public welfare
or injurious to the adjacent property; and
D. That the granting of the variance will not
adversely affect the General Plan of the City of
Baldwin Park.
BIB]
37960-U01
ORD-U02
820-U02
LI2-U03
FO4404-U03
FO32704-U03
DO32696-U03
C5-U03
ORDINANCES-U03
12/4/2003-U04
ROBIN-U04
ORD 820 pT3 (Ìì Ò ¦ Errata
City of Baldwin Park
Zoning Code
21
PAGE SECTION
9316.
9317
9318
Should read: Conditional Use Permit Findings of Fact. Before
any use permit may be granted, the applicant shall
show, to the satisfaction of the Zoning Administrator
or Commission, or the Council, all of the following
facts:
A. That the site for the proposed use is adequate
in size and shape to accommodate such a use; and
B. That the site has sufficient to access to
streets and highways, adequate in width and pavement
type to carry the quantity and quality of traffic
generated by the proposed use; and
C. That the proposed use will not have an adverse
effect upon uses adjacent to the subject property;
and
D. That the proposed use is in conformance with the
General Plan."
Should read: Minor Variance. The term minor zone variance"
shall mean a zone variance relating to any lot which
is classified in Zone R-1, Zone R-G, or Zone R-3,
which proposes a11 or any of the following:
Side Yards. Reduction of the required width of
said yard by a maximun of ten percent 10%) or less;
or
B. Rear Yards. Reduction of required depth of rear
yard by a maximun of ten percent 10%} or less.
Fence Height. Increase the height of side or rear
walls or fences to a maximun of eight 8) feet.
Household Pets. An increase in the number of
permitted household pets by a maximun of fifty
percent 50%),
Should read: Minor Variance Application. Application for minor
variances shall be set before the Zoning Administrator
and processed in the following manner:
Notices. Notices of the time and place of public
hearings before the Zoning Administrator, shall
be given to the owners of real property located
within a radius of 100 feet of the external boundaries
of the property to which such minor zone variance
BIB]
37960-U01
ORD-U02
820-U02
LI2-U03
FO4404-U03
FO32704-U03
DO32696-U03
C5-U03
ORDINANCES-U03
12/4/2003-U04
ROBIN-U04
ORD 820 pT3 (Ìì Ò ¦ Errata
City of Baldwin Park
Zoning Code
22-
PAGE SECTION
9319. Should read:
relates, by United States mail, postage prepaid,
addressed to such owners as is shown on the last
equalized assessment roll of the County of Los
Angeles.
B, Zoning Administrator Action. After conducting
a noticed public hearing on any Minor Variance or
modification or revocation proceeding relating to
the same, the Zoning Administrator based upon
evidence presented shall take one of the following
courses of action:
1. Grant the request; or
2. Grant the request in part; or
3. Deny the request.
The Action of the Zoning Administrarot shall be final
and conclusive in the absence of a timely filed
appeal in the manner setforth in Section 9314.F.
Expiration. Any zone variance, conditional use permit
or minor variance shall be null and void if the
permitted use is not commenced within the time
specified in the resolution approving such zone variace,
conditional use permit or minor variance or if no
time is specified, if commencement does not occur
within six 6) months from the date said zone variance,
conditional use permit or minor variance is granted.
The Zoning Administrator may extend the time limi-
tations imposed once, for a period not to exceed
6) months. A use shall be deemed commenced" within
the meaning of this Section, when there has been a
substantial exercise of rights, which would necessarily
precede the full use is authorized.
9320. Should read:
Any condition imposed upon the
a zone variance, conditional use permit
or minor variance may be modified or eliminated, or
new conditions may be added, provided that the
Zoning Administrator shall first conduct a public
hearing, noticed in the same manner as is required
for the initial granting of the zone variance or
conditional use permit. No such modification can be
made unless it is found that such modification is
necessary to protect the public places, health, and
safety, or that such action is necessary to permit
reasonable operation as granted. The decision shall
Modification.
granting of
BIB]
37960-U01
ORD-U02
820-U02
LI2-U03
FO4404-U03
FO32704-U03
DO32696-U03
C5-U03
ORDINANCES-U03
12/4/2003-U04
ROBIN-U04
ORD 820 pT3 (Ìì Ò ¦ Errata
City of Baldwin Park
Zoning Code
23
PAGE SECTION
9321
Should read:
be subject to appeal, in the time and manner set
forth in Section 9314 et. seq. hereof.
Revocation of Zone Variances and Conditional use
9322
and Minor Variances. Upon recommendation by the
Director, the body which initially granted a zone
variance, conditional use permit or minor variance,
shall conduct a noticed public hearing to determine
whether such zone variance, conditional use permit or
minor variance should be revoked. If the granting
body finds any one of the following facts to be
present, it shall revoke the zone variance, conditional
use permit or minor variance:
A. That the zone variance, conditional use permit or
minor variance was obtained by fraud; or
B. That the use for which such approval was granted
has ceased to exist by reason of a voluntary
abandonment; or
C. That the zone variance, conditional use permit or
minor variance granted is being, or has been exercised
contrary to any conditions of approval imposed upon
such permit or variance or in violation of any law;
or
D. That the zone variance, conditional use permit, or
minor variance granted is being, or has been exercised
in violation of any law.
E. That the use for which the approval was granted
is being exercised so as to be detrimental to the
public health or safety, or so as to constitute
a public nuisance.
Should read: If the revocation hearing is conducted by the
Commission, its decision shall be subject to review
on appeal, taken in the time and manner set forth
in Section 9314 et seq. hereof.
BIB]
37960-U01
ORD-U02
820-U02
LI2-U03
FO4404-U03
FO32704-U03
DO32696-U03
C5-U03
ORDINANCES-U03
12/4/2003-U04
ROBIN-U04
Errata
C-ity of Baldwin Park
Zoning Code 10-
PAGE SECTION
5-3 9503.B.: delete 1. For.....lot:"
Renumber Subsection 2 to read 1.
Renumber Subsection 3 to read 2.
5-3 Add: 9504. Maintenance of Landscaping Agreement. The
applicant and/or owner of shall perform services
to maintain landscaping in accordance with the
plans approved in connection with the construction
permit, including but not limited to water mg^
pruning, fertilizing, anc^ replacement of deter'i^-
orated landscaping and shall enter into an agreement
with the City that said applicant and/or owner shall
perform SB id services.
5-4 9513.B. line one: have and maintain...."
5-6 9514.C.3 line one: delete: and"
5-7 9520 line one: of residential garden areas...."
5-7 9522.E. line three: zoned property. Said wall..."
5-8 9523.C. feet except that corner lots shall have
and maintain a lot width of not less than
fifty five 55') feet."
and
5-10 9533.C.
5-8 9522.0. line one: have and maintain...."
5-8 9523.D.2.b. line one: of fifteen feet 15) from..."
5-9 9532.G line three: zoned property. Said wall..."
5-9 Add 9533. Development Standards..."
5-10 9533.D.2.b. line one: of fifteen feet 15) from..."
5-10 9533.E. line one: of 100_ square..."
5-10 9533.E.1. tine one: of 100 square feet of open
space per dwelling unit, excluding minimum
yard areas, to..."
BIB]
37960-U01
ORD-U02
820-U02
LI2-U03
FO4404-U03
FO32704-U03
DO32696-U03
C5-U03
ORDINANCES-U03
12/4/2003-U04
ROBIN-U04