HomeMy WebLinkAboutORD 878ORD 878 Ü h£Ÿjì â Í ORDINANCE NO. 878
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, an Ad Hoc
Ccnmittee, and the City's Planning Ccairnission, to determine
the appropriate regulations hereinafter Regulations") to
be applied to such uses so as to render the same conpatihie
with surrounding and adjacent uses, to meet the purpose and
intent of the City's General Plan and to create a resonable
quality of life; and
c) That the said study has been completed by the
staff and the Ad Hoc Conmittee 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
Ccmmission 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 Ccannission and City Council/-
and
e) That due to the necessary delays inherent in conduct-
ing such hearing process, the said proposed Regulations as
recomnended by the Ad Hoc Committee and informally reccrrmended
for consideration by the Planning ConTnission, cannot go into
effect for a period of seme months; and
f) That said Regulations, as hereinafter set forth
in this Ordinance, are now in effect by reason of the adoption
of an urgency zoning measure, and unless such urgency measure is
extending by this Ordinance, 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, would frustrate the purposes
of the said study; and
h) That the public health, safety and welfare require,
in order to prevent the construction of uses contrary to the
proposed Regulations, the iirmediate enactment of this Ordinance
as an urgency measure so as to continue in effect the existing
urgency measure which adopted the said Regulations as hereinafter
described; and
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ORD 878 Ü h£Ÿjì â Í Ordinance No. 878
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i) That the City Council has determined that the
health, safety and welfare 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 ccnpliance 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 developemnt, except as hereinafter set
forth expressly in Section 6 hereof, the provisions of this Ordinance inso-
far as these provisions, relating to such development, 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 build-
ing or structure, except in ccnpliance 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 ccnpliance with the provisions of
this Ordinance. Any building permit, or other permit or entitlement, shall
bear on its face the statemsnt that the said permit is issued upon condition
that conpliance is had with the provisions of this Ordinance.
SECTION 4. That the following regulations shall apply to all
developments in the R-G or 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, which-
ever is lesser.
B) Building Setbacks. All buildings and structures
shall observe and maintain the building setback areas as re-
quired pursuant to this sub section;
1) For the purpose of this subsection the
following words and phrases shall be defined as
follows:
i) Primary wall" shall mean an exterior
building wall which has kitchen windows or doors
or living rocm windows or doors; and
ii) Secondary wall" shall mean any exterior
building wall, exclusive of a primary wall, which
has no windows located therein; and
iii) Windowless wall" shall mean an exterior
building wall, exclusive of a primary 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 viotf, 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 re-
quired front yard area shall be permitted to be used
only for those uses allowed in required front yard
areas, pursuant to the Code; and
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ORD 878 Ü h£Ÿjì â Í Ordinance No.878
Page Three
ii) Building setback areas which abut re-
quired 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:
1) Definitions: For the purpose of this subsection:
a) the phrase, private open space, shall mean
that open space, on grade, which abuts the dwelling unit
served thereby, and is available for the exclusive use
of the occupants of such dwelling unit; and
b) the phrase, cannon 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. each, each of which shall have a minimum dimension
of five 5) feet.
3) Cannon Open Space. Each unit located upon an R-G
or R-3 zoned lot shall have and maintain ccmron open
space as follows:
i) One hundred 100) square feet of cannon
open space for each unit located upon the lot, which
cannon open space shall have a minimum dimension of
ten 10) feet; shall be imnediately accessible to each
dwelling unit, as determined by the Director; and, shall
not be separated from the dwelling units served by park-
ing areas or driveways; such cannon 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 miriimum dimen-
sion 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 cannon open space
for each unit; which shall have a thirty 30) sq. ft.
irdLnimum dimension and be located within not less than one
hundred and fifty 150) feet of each dwelling unit located
upon the lot.
4) 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.
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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 or 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 miniinum, 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 imnediately abutting each building located
upon an 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 adjacent
to a required drivCTay.
H) That with respect to the interior design of dwelling units
to be located on R-G or R-3 zoned 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
rnsasure and shall take effect iinmediately 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
imnediately; provided that the provisions of this Ordinance shall not apply to
any development which, as of 8:00 A.M. on September 17, 1984; has been authorized
by:
A) An approved Development Agreement:
B) An approved Development Plan pursuant to Section
17.30.010 et seq. of the Code)
C) An issued building permit;
D) An approved zone variance which relates to such
proposed development;
E) A complete application filed with the Building
Division of the Department of Coirmunity Services seeking a
building permit for any such development;
F) A ccmplete application for a Planned Developnent
pursuant to said Section 17.30.010);
G) Approved tenative map pursuant to the subdivision
map act.
SECTION 7. That the City Clerk shall certify the adoption of this
Ordinance and cause the same to be published in the manner prescribed by law-
PASSED AND APPROVED this 17th day of October_______, 1984.
Z^^yT
/MAYOR
ATTEST: /
LINDA L. GAI^; CITY CLERK
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ORD 878 Ü h£Ÿjì â Í Ordinance No. 878
Page Five
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 Ordinance was duly and regularly approved
and adopted by the City Council of the City of Baldwin Park at its regular
meeting of the City Council on the 17th day of October, 1984 by the following
vote:
AYES COUNCIIJ4EN KING, GIBSCN, IZELL, M^NEILL AND MAYOR WHITE_________
NOES COUNCIIMEN NONE
ABSENT: COUNCIIMEN NONE
LINDA L. GA^R, CITY CLERK
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