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HomeMy WebLinkAboutORD 877ORD 877ÜÂh£ŸjìâÓORDINANCE NO: 877 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING AS AN EMERGENCY MEASURE CERTAIN ZONING REGULATIONS APPLICABLE TO ZONES R-G AND R-3 THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. That the City Council of the City of Baldwin Park does hereby find, determine and declare, as follows: a) That the City Council has determined that the existing zoning regulations contained in the Baldwin Park Zoning Code hereinafter Code") applicable to principal uses permitted in the R-G and R-3 zones are inadequate to properly provide for regulation of such uses; and b) That the City Council has heretofore directed that a study be conducted by the City staff, and Ad Hoc Committee, and the City*s Planning Commission, to determine the appropriate regulations hereinafter Regulations") to be applied to such uses so as to render the same compatible with surrounding and adjacent uses, to meet the purpose and intent of the City's General Plan and to create a reasonable quality of life; and c) That the said study has been completed by the staff and the Ad Hoc Committee as to a majority of the issues to be considered in terms of amending the Code applicable to such uses, and such preliminary study has been heretofore submitted, informally, to the Planning Commission and the City Council for review; and d) That it appears that said report includes appropriate Regulations pertaining to such uses which will be considered at public hearings pursuant to the State Planning Law before the Planning Commission and City Council; and e) That due to the necessary delays inherent in conducting such hearing process, the said proposed Regulations as recommended by the Ad Hoc Committee and informally recommended for consideration by the Planning Commission, cannot go into effect for a period of some months; and f) That if these said Regulations, as hereinafter set forth in this Ordinance, are not immediately adopted and made effective, a number of developments will be constructed contrary to the proposed Regulations; and g) That great and irreparable injury will result to the City and its residents by reason of the fact that such developments will proceed without regard to the proposed Regulations which, in great part, frustrate the purpose of the said study; and 1- BIB] 37971-U01 ORD-U02 877-U02 LI2-U03 FO4404-U03 FO33428-U03 DO33636-U03 C5-U03 ORDINANCES-U03 12/16/2003-U04 ROBIN-U04 ORD 877ÜÂh£ŸjìâÓh) That the public interest, convenience and necessity require, in order to prevent the construction of uses contrary to the proposed Regulations, the immediate enactment of this Ordinance as an urgency measure so as to place into effect, immediately, the said Regulations as hereinafter described which are immediately required in order to prevent the construction of uses not in conformity therewith; and i) That the City Council has determined that the public interest, convenience and necessity require the immediate enactment of this Ordinance pursuant to the provisions of the Planning Act of the State of California, and other applicable law, as an urgency measure. SECTION 2. That notwithstanding any provision of the Code to the contrary, during such time as this Ordinance is in full force and effect, no development shall be permitted on any R-G or R-3 zoned property, except in compliance with the Regulations as set forth in this Ordinance. That it is the intent of the City Council in adopting this Ordinance to make effective, to all prospective development, except as hereinafter set forth expressly in Section 6 hereof, the provisions of this Ordinance insofar as these Regulations are contrary to, or inconsistent with, the provisions, relating to such develpment, as are set forth in the Baldwin Park Zoning Code. SECTION 3» That no person, during such time as this Ordinance is in full force and effect, shall construct or install on any real property located in the City, which is classified in Zone R-G or Zone R-3, any building or structure, except in compliance with the Regulations set forth in this Ordinance, and the provisions of the Baldwin Park Zoning Code which are consistent with the provisions of this said Ordinance, No permit or other entitlement for use shall be issued by any officer of the City for any use permitted in R-G or R-3 zones, except in compliance with the provisions of this Ordinance. Any building permit, or other permit or entitlement, shall bear on its face the statement that the said permit is issued upon condition that compliance is had with the provisions of this Ordinance. SECTION 4. That the following regulation shall apply to all developments in the R-G and R-3 zones during such time as this Ordinance is in full force and effect: A) Buildings. No buildings shall be constructed in excess of 125 feet in length; no building shall be permitted to exceed a height equal to three stories or 35 feet, whichever is lesser. B) Building Setbacks. All buildings and structures shall observe and maintain the building setback areas as required pursuant to this subjection: 1) For the purpose of this subjection the following words and phrases shall be defined as follows: 2- BIB] 37971-U01 ORD-U02 877-U02 LI2-U03 FO4404-U03 FO33428-U03 DO33636-U03 C5-U03 ORDINANCES-U03 12/16/2003-U04 ROBIN-U04 ORD 877ÜÂh£ŸjìâÓi) Primary wall" shall mean an exterior building wall which has kitchen windows or living room windows or, doors; and ii) Secondary wall" shall mean any exterior building wall, exclusive of a primary wall, which has windows located therein; and iii) Windowless wall" shall mean an exterior building wall which has no windows located therein; and iv) Wall length" shall mean the length of an exterior building wall, measured in a horizontal plane, as depicted on a plan view, having no offset in excess of four 4) feet. 2) That building setback areas shall be determined based upon the formulae as set forth on Exhibit A attached hereto, and incorporated herein by this reference; and 3) Uses permitted in required building setback areas: i) Building setback areas which abut a required front yard area shall be permitted to be used only for those uses allowed in required front yard areas, pursuant to the Code; and ii) Building setback areas which abut required side yard areas or required rear yard areas, shall be utilized for any use permitted in a required side or rear yard area, or for any use permitted in a required open space area pursuant to the Code; and iii) Building setback areas which are established so as to separate buildings, may be utilized for any purpose for which open space may be utilized pursuant to the Code. 4) The square footage of building setback areas, exclusive of required yard areas, shall be a credit given for the purpose of meeting the requirements of open space pursuant to the Code, provided that the location and area meet the requirements of the open space provisions of this Ordinance as hereinafter set forth. C) Open Space Requirements. The following provisions shall be observed with respect to establishing open space serving units located in R-G or R-3 zones: 3- BIB] 37971-U01 ORD-U02 877-U02 LI2-U03 FO4404-U03 FO33428-U03 DO33636-U03 C5-U03 ORDINANCES-U03 12/16/2003-U04 ROBIN-U04 ORD 877ÜÂh£ŸjìâÓ1) Definitions: For the purpose of this subsection: a) the phrase, private open space," shall mean that open space, which abuts the dwelling unit served thereby, and is avail- able for the exclusive use of the occupants of such dwelling unit; and b) the phrase, common open space," shall mean open space, on grade, which is available for usage to all persons residing on the lot upon which such open space is located. 2) Private Open Space^ Each dwelling unit located on an R-G or R-3 zoned lot shall have and maintain not less than 100 sq. ft. of private open space, which may be divided into segments containing not less than fifty 50) sq. ft. minimum dimension of five 5) feet. 3) Common Open Space. Each unit located upon an R-G or R-3 zoned lot shall have and maintain common open space as follows: i) One hundred 100) square feet of common open space for each unit located upon the lot, which common open space shall have a minimum dimension of ten 10) feet; shall be immediately accessible to each dwelling unit, as determined by the Director; and, shall not be separated from the dwelling units served by parking areas or driveways; such common open space shall be in a single contiguous area; or ii) Two hundred 200) square feet of common open space per unit which shall have a minimum dimension of five 5) feet and shall abut each unit so served; or iii) Two hundred 200) square feet of additional private open space per dwelling unit located at grade, and twenty 20) sq. ft. of additional common open space for each unit; which shall have a thirty 30) sq. ft. minimum dimension and be located within not less than one hundred and fifty 150) feet of each dwelling unit located upon the lot. BIB] 37971-U01 ORD-U02 877-U02 LI2-U03 FO4404-U03 FO33428-U03 DO33636-U03 C5-U03 ORDINANCES-U03 12/16/2003-U04 ROBIN-U04 ORD 877ÜÂh£ŸjìâÓ4) Intrusions in Open Space Areas: Intrusions in open space areas shall be permitted as is set forth in Section 17.46.040 of the Code; provided that coverage of private open space shall not exceed fifty percent 50^) of the required private open space. D) That required rear yard areas for R-G and R-3 zoned lots shall have and maintain a depth of not less than five 5) feet. E) The minimum allowable distance between roofs of eves of buildings located upon the same R-G or R-3 lot shall be ten 10) feet. F) An inner court shall observe a minimum dimension of ten 10) feet; such inner courts shall observe a minimum area of two hundred 200) sq. ft.; and shall not have a depth greater than one and one-half times the width thereof. Inner court" for the purpose of this subsection shall mean an area formed by the exterior walls of three or more buildings located upon the same lot. G) A strip of landscaping five 5) feet in width shall be installed and maintained immediately abutting each building located upon and R-G or R-3 lot; provided that the width of the landscaping strip may be reduced to three 3) feet along a wall which is adj acent to a required driveway. H) That with respect to the interior design of dwelling units to be located on R-G or R-3 lots; the Regulations as set forth on Exhibit B attached hereto and incorporated herein by this reference shall be adhered to. SECTION 5. That this Ordinance is hereby declared to be an urgency measure and shall take effect immediately upon its adoption. That a statement of facts constituting the basis of its said urgency is as above set forth. SECTION 6. That the provisions of this Ordinance shall be effective from and after 8:00 A.M. on September 17, 1984; provided that the provisions of this Ordinance shall not apply to any development: a) Which has been authorized by an approved Development Agreement; or b) Which has been authorized by an approved Development Plan pursuant to Section 17.30.010 et seq. of the Code); or c) Which has been authorized by an issued building permit; or d) Which has been authorized by an approved zone variance which relates to such proposed develop- ment; or e) As to which a complete application has been filed with the Building Division of the Depart- ment of Community Services seeking a building permit for any such development; or f) As to which a complete application for a Planned Development has been filed pursuant to said Section 17.30.010); or g) Which has been authorized by an approved tenative map pursuant to the Subdivision Map Act. 5- BIB] 37971-U01 ORD-U02 877-U02 LI2-U03 FO4404-U03 FO33428-U03 DO33636-U03 C5-U03 ORDINANCES-U03 12/16/2003-U04 ROBIN-U04 ORD 877ÜÂh£ŸjìâÓSECTION 7. That the City Clerk shall adoption of this Ordinance and cause the same in the manner prescribed by law. PASSED AND APPROVED this 14th day of ATTEST: certify the to be published IANDA L. G^fe, CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK I, LINDA L. GAIR, CITY CLERK of the City of Baldwin Park do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin at its adjourned regular meeting of the City Council on the 14th day of September, 1984 by the following vote: AYES NOES ABSENT COUNCILMEN McNEILL, IZELL, GIBSON, KING AND MAYOR WHITE COUNCILMEN NONE COUNCILMEN NONE LINDA L. G^R, CITY CLERK BIB] 37971-U01 ORD-U02 877-U02 LI2-U03 FO4404-U03 FO33428-U03 DO33636-U03 C5-U03 ORDINANCES-U03 12/16/2003-U04 ROBIN-U04 ORD 877ÜÂh£ŸjìâÓBgetDCTTOSOBXI® raOEDGTOO ODGD01T 0irAGD(D^(S(98 rfultifamily Housing WH7IH AREA MISC. KitchenV 40" btwi base cab'ts. Living Roan 12'-6" Min 30' perimeter wall uninterrupted by opn'gs. less than 44" above fir. Dining Rm. 7'-6" 62 s.f.(l&2 bdnn) 75 s.f.(3 bdnn) 92 s.f.(4 bdnn) Primary Bdnn. 10'-4" Min. one 10' long wall uninterrupted by opn'gs. less than 44" above fir. Pri. Bdrm. Cl. 30 s.f. Secondary Bdnn. 10'-4" 125 s.f. Sec, Bdnn. Cl. 10 s.f. Bath full) 35 s.f. Coat Cl. 6 s.f. Linen Stor. 10 s.f. shelf 1&2 bdnn.) 15 s.f. shelf 3 & More) General Stor. Washer/T^ryer 6 s.f.Provide space for side by side or stacked. Additional Stor:outside inside unit 1 unit 2 13 26 1 bdnn 17 36 2 bdnn 22 50 3 bdnn 27 64 4 bdnn NOTES: 1 General 2 General located storage that can be located outside of living space storage within living unit ocntoined with wardrobe or in cabinet's in walls adjacent to attic area in roans with sloped ceilings. EXHIBIT B Page 1 BIB] 37971-U01 ORD-U02 877-U02 LI2-U03 FO4404-U03 FO33428-U03 DO33636-U03 C5-U03 ORDINANCES-U03 12/16/2003-U04 ROBIN-U04 ORD 877ÜÂh£ŸjìâÓcaBBDGomciixsiD raociDGooroo oss^ s^osss&sasQ nULTIFAHILY HOUSING S.F. Efficiency Ulit S.F. 1—Bdnn* S.F. 2-Bdrm. S.F. 3-Bdnn. S.F. 4-Bdnn. Least Dim. Kitchen ocnfained w/dining) 65 60 60 60 60 Living Pocro 210 210 210 210 12*-6" Dining Pocro 62 62 75 92 Primary Bdrm. 130 130 130 130 10'-4" Primary Bdrm. CL. 10 30 30 30 30 Secondary Bdnn« 125 2) 125 3) 125 10'-4" S»-"»^Ty Bdnn. d. 10 10 10 10 Bath full) 35 35 2) 35 2) 35 2) 35 Guest Closet 4 6 6 6 6 Linen Storage 3 3 3 5 6 General Storage(separate roan) 6 6 6 6 6 Corridor 30 15 15 35 35 Water Heater 8 8 8 8 8 F.A.U. 6 6 6 6 6 Liv. Rn«-Din. Bm. sleeping 225 Washer & Dryer stack) 9 9 9 9 9 Walls 10%) 40 59 75 91 99 441 649 821 1,001 1,092 Mininun Floor Area 450 650 850 1,050 1,200 General Storage: 16 Within living unit ocirtoined with wardrobe or in cabinets located in walls adjacent to attic area in nns with sloped ceilings. General Storage: 9 Outside living space. 26 13 36 17 50 22 64 27 EXHIBIT B BIB] 37971-U01 ORD-U02 877-U02 LI2-U03 FO4404-U03 FO33428-U03 DO33636-U03 C5-U03 ORDINANCES-U03 12/16/2003-U04 ROBIN-U04 ORD 877ÜÂh£ŸjìâÓ RECOMMENDATIONS fflttffl pfflooaaari? cMM SSSSBSEE^—— CTOGaBQCT^ 7 OGDOZlOXSO-(Dfla W®BO OLOfflB1Building 1 ff^lUL Entry c R7 W^ttJL Any walS» W^IUL No wi r ttOXTflOQ00)Len9tk 125 ft nrJ® ioor, kitchen or living room windows. 1 with windows not including primary walls ndows or doors.X)FORMULA9 6*2(7)+5g 10© 2*v * a10 I. BLD-6 EB»15 ft mm® to 24 fl mm®s® I. BLD-G *:' ISftm*,.®to ea20 ft mm'6' BLD-6 9 FIXED MOTES: MWt-IUMBUB.DMG CONDITION 2( MAXMUM BULDM5 CONDITION 3-story 125 ft tength y^^r 0 20 fl MMMUM^SETBACK vhm odjooMt or Across from a R-1 ZONE Vail Lf^th not brotcn b^ a minimum 4ft staq<wr in the horizontal pUn^. iiBGooBinr page 4 0 BIB] 37971-U01 ORD-U02 877-U02 LI2-U03 FO4404-U03 FO33428-U03 DO33636-U03 C5-U03 ORDINANCES-U03 12/16/2003-U04 ROBIN-U04 ORD 877ÜÂh£ŸjìâÓ  SOOKE 61 OSIE^a VAI5EI iW[L®OKl© SUTOAa RECOMMENDATIONS j IPGOOGO^CBW VI&SUL SBSSSSSS)&BfQ VIQM, woias(swiug®a wfitBUL mmminifgir mff eOaxrOOQ V WQQI] Q.©tD©QQ3 Bulldinq Length 125 ft nrx s® BLD-G afi' C2fOflmin® to 24 ft min®.@®. I. BLD'6 W T»«.5flmTn.® to A ITftnrin'0' i FORMULA 9 6*2(7)+S 10 2 *'S? *^ 10 5 3) BLD6 Q FIXED NOTES: MWMUMBUB.DWG CONDITION 2) MAXMUM BULDHG COW>mO« 3-story 125 ft ten^th 0 20 ft MWMUM SETBACK hf» odjocrnt or Across from a R-1 ZONE 3) V«)1 Length not brokm by minimum 4 ft t«oo*r in the horizontal pUn*. o VI o Bscooomr A page 5 BIB] 37971-U01 ORD-U02 877-U02 LI2-U03 FO4404-U03 FO33428-U03 DO33636-U03 C5-U03 ORDINANCES-U03 12/16/2003-U04 ROBIN-U04 ORD 877ÜÂh£ŸjìâÓ A/M///^ /^ RECOMMENDATIONS PiaOEC^P C9^(UL wsaoEssewwe^ mWEWS^WQ&SL 7 QiassBw off eOoxrOQ® 3 WtDOO L©ffl0<Ui) Buildini Length 125 ft m«x ptaoo^dw w^dd, ADJACENT TO PROPERTY LINE 6ft * 2( stories Building Length 10 6 + 2( 7 S) 10 \ URLL TYPE BUILDING LENGTH5 1-STORVS1 ft 2-STORV 2 ft 3-STORV 3 ft PGKDQ6BV 10 9 11 13 mnnHHiw 20 10 12 14 30 11 13 15 40 12 14 16 50 13 15 17 CO 14 16 18 70 15 17 19 80 16 18 20 90 17 19 21 100 19 20 22 110 19 21 23 125 205 225 245 830301307°^ page 6 BIB] 37971-U01 ORD-U02 877-U02 LI2-U03 FO4404-U03 FO33428-U03 DO33636-U03 C5-U03 ORDINANCES-U03 12/16/2003-U04 ROBIN-U04 ORD 877ÜÂh£ŸjìâÓ ORD 877ÜÂh£ŸjìâÓ RECOMMENDATIONS: imttttttltttfl PtSOKLaB'i? wfita^3^ tt.f?aa JL 7AOJLW^ULDOOIESb 125 ft max I::::::;:;:;:;:;:;:;:;:;:;:! BfiEfinrnre/? 7 S 1 CTOGatDfflWI GXBOQJDOCKB S'0'Q WaQD L©ffl©aQ)Building Lengtl T~!l EBID-GB S3, 9BLD'G.N T FORMULA:®S^1 88= 6+2(7 +S., 1*|6*2(7,)» 18ft mInU^ 24 ft min® 1 10 i(® 6^2(7 +a] + 2^7,+S 10 10®= 6^2(7 S,1 + 15] 108-12^ 7,^3,1 +l2^y^S2l® 2^7^a^] 5 1 5] +[ 5] Si 1 13ftmTn® 41 ftmw® ffl & 14 ft mm®29 ft min® i 51 J 10 ft min® i 34 ft min@ r=l * 10 ft mm®; 20 ft mm®-j m—s——.| 10 ft mm^^^^^^B NOTES: MINIMUM SIZE BUILDING CONDITION 1 story 10 ft length MAXIMUM SIZE BUILDING CONDITION 3-story 1 25 ft length gQCooainr page 8 BIB] 37971-U01 ORD-U02 877-U02 LI2-U03 FO4404-U03 FO33428-U03 DO33636-U03 C5-U03 ORDINANCES-U03 12/16/2003-U04 ROBIN-U04 ORD 877ÜÂh£ŸjìâÓ m^m sBosdMaa^oro W^IUL WUB!SSR3QJB3Q WMJL EXAMPLE: GIVEN: Zi-120f<. SUM of MINIMUM REQUIRED BUILDING SETBACKS Zz &0ft TI- 3 STORIES TZ 3 STORIES FIND 1st, 2nd, & 3rd FLOOR SETBACK REQUIREMENTS SOLUTION 81'I 6ft + 2( 1-STORV^ 120ft + 2ft*( 1-STORY * QQSi 1 3lft 10 10 g2- 6ft + 2(2-STORV)f 120ft 1+ 2 ft* 2-STORV * 0^ 1 34ft S32 6ft* 9( STORV)* 120ft 1+ 2 ft+( 3-STORY *fi0tt 10 10 37ft saaoBinr 4 A a page 9 BIB] 37971-U01 ORD-U02 877-U02 LI2-U03 FO4404-U03 FO33428-U03 DO33636-U03 C5-U03 ORDINANCES-U03 12/16/2003-U04 ROBIN-U04 ORD 877ÜÂh£ŸjìâÓ ninnnmi IPIMHI^GW JUL m^m SESSEBSSQSSKf V/GM. WO[3®Q)WtUI©© W£S(LIL SUH of MINIMUM REQUIRED BUILDING SETBACKS EXAMPLE: GIVEN: 2i= 120ft, Sg^ SOft Tr 3 STORIES T^ 3 STORIES FIND 1st, 2nd, & 3rd FLOOR SETBACK REQUIREMENTS SOLUTION: g^l 6ft + 2( 1-STORY)+.120^t I* I 5 ft 1 25ft 10 2. 6ft* 2 2-STORY 120ft 1*1 S ft S^^ft* 2(3-STORV)* 12Qftl^ 5ft] 10 29ft gscDoomr A0 page 10 BIB] 37971-U01 ORD-U02 877-U02 LI2-U03 FO4404-U03 FO33428-U03 DO33636-U03 C5-U03 ORDINANCES-U03 12/16/2003-U04 ROBIN-U04 ORD 877ÜÂh£ŸjìâÓ imillllllil piaora^GDS? W^QJL a aaKBiCT&affw CT(aojL mWEXBWSSB W&SUL SUM of MINIMUM REQUIRED BUILDING SETBACKS EXAMPLE: GIVEN FIND SOLUTION Sl-120ft Sg-^Oft YI-3 STORIES T, 3 STORIES 1st, 2nd, & 3rd FLOOR SETBACK REQUIREMENTS B1-! 2ft *( 1-STORY +J2fiJt +[ 5ft] 20ft 10 a2. 2ft+ 2-STORV)* 120ft + I 5ft 21ft 10 a3' I 2ft* 3-STORV)* 120^14- 5ft 10 22ft saaoBoir page 11 BIB] 37971-U01 ORD-U02 877-U02 LI2-U03 FO4404-U03 FO33428-U03 DO33636-U03 C5-U03 ORDINANCES-U03 12/16/2003-U04 ROBIN-U04 imMlBWIMI RECOMMENDATIONS: iETlSAECS PCaOGOAQ^ W<aiUL 111111111111111 gtsecscn^B^ CT^Q. WOC]®®WtUI®@ UL ClaifflOxaT' aff a©(rn@@ WQDO L©ffl@a03 Building Length 125 ft max tSES)™^CSS7 CT^(UL ADJACENT TO PROPERTY LINE \ 2 ft * stones Building Length 10 2 7 + S) 10 WALL TYPE BUILDING LENGTHS ft 1-STORYS3 8 ft 2-STORY S^t 3-STORY S'ft 20 5 6 7 asssnsDCERf 30 6 7 8 40 7 8 9 50 8 9 0 60 9 10 1 70 10 11 2 80 11 12 3 90 12 13 4 100 13 14 5 125 15.5 16.5 17.5 \ c7» a sotBooinr A poge 7 BIB] 37971-U01 ORD-U02 877-U02 LI2-U03 FO4404-U03 FO33428-U03 DO33636-U03 C5-U03 ORDINANCES-U03 12/16/2003-U04 ROBIN-U04