HomeMy WebLinkAboutORD 1019ORD 1019 pT3 (Ìì À ¥
ORDINANCE NO. 1019
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK AMENDING THE BALDWIN
PARK ZONING CODE RELATING TO R-G AND R-3
ZONE REGULATIONS, PARKING REGULATIONS,
AND HEIGHTS, YARDS, FENCES, WALLS AND
SHRUBS URGENCY MEASURE).
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES
ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Baldwin
Park does hereby, find, determine and declare:
A. That there is an existing moratorium
prohibiting the development of all R-G and R-3 zoned lots
during the pendency of studies undertaken to revise the
City's R-G and R-3 zoning regulations; and
B. That the moratorium was adopted by the
City Council in order to avoid the development of properties
in said zones which would have the effect of frustrating the
orderly review and amendment of the regulations; and
C. That the moratorium was to remain in
effect pending completion of the studies; and
D. That the amendments set forth below
revising the R-G and R-3 zone regulations are the result of
this study, which has been completed; and
E. That the public interest, convenience and
necessity require the enactment of this Ordinance as an
urgency measure in order to permit appropriate development
in the R-G and R-3 zones now that the necessity for the
moratorium has ended; and
F. That this Ordinance is adopted as an
urgency measure pursuant to Government Code Section 65858,
and other applicable law.
SECTION 2. That Section 17.08.110 of Title 17 of
the Baldwin Park Zoning Code is hereby amended to read as
follows:
17.08.110 Refuse facilities. Each R-G and R-3
zoned lot shall be provided with permanent facilities for
the temporary storage and collection of refuse, as follows:
A. There shall be provided and maintained on each
such lot trash bins having at least three
cubic yards capacity as set forth below:
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No. of Units Bins 3 cubic yards)
2-14 1
15-24 2
25-34 3
35-44 4
45-54 5
B. All refuse collection areas on the same lot as
the units served shall be enclosed by a
masonry wall and gate, not less than six 6)
feet in height, and maintained so that the
contents thereof are not visible from any
public street or adjacent property and contain
a floor area of not less than six 6) feet in
width and eight 8) feet in length. An area
six 6) feet in width by eight 8) feet in
length directly in front of the collection
area shall be paved with concrete not less
than five 5) inches thick in accordance with
Diagram D, attached to Ordinance No. 1019,
codified in this title and on file in the City
Clerk's office.
C. All refuse storage areas shall be located for
convenient vehicular access for pickup and
disposal, within 150 feet from the units
served, and shall be screened, in a manner
approved by the Planning Division, so as to
prevent such areas from being observed from a
public street or adjacent property.
D. All refuse storage areas shall be maintained
in a clean, safe and sanitary condition."
E. There shall be provided and maintained on each
such lot, in addition to the required refuse
collection areas, not less than twenty-five
25) square feet of area at a location
approved by the Planning Director, for use as
a recycling area. At such times as a
recycling plan is adopted by the City, the
owner and/or occupant of each lot shall comply
with such Plan.
SECTION 3. That Chapter 17.12 of Title 17 of the
Baldwin Park Zoning Code, is hereby amended to read as
follows:
CHAPTER 17.12
R-G AND R-3 RESIDENTIAL ZONES
17.12.010 Purpose. In order to provide for the
development of residential garden and high density multiple-
family residential areas and to maintain the integrity of
existing residential garden and high density multiple-family
residential areas within the City, the regulations set out
in this Chapter shall be applicable to all properties
classified in the R-G and R-3 zones.
17.12.015 Definitions. In addition to the
definitions contained in Chapter 17.04, for the purpose of
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this Chapter, the following words or phrases shall be
defined as follows, unless it is apparent from the context
that another meaning is intended:
A. Open space, common' means an open space area,
located at grade, which is available for the
common usage and/or enjoyment of all persons
residing on the lot upon which such open space
is located; and
B. Open space, private' means that open space,
other than a required yard area, which is
immediately adjacent to the dwelling unit
served thereby, and which is available for the
exclusive use of the occupants of such
dwelling unit; and
C. Townhouse Unit' means a dwelling unit which
shares a common interior wall with another
dwelling unit and no portion of which is above
or below another dwelling unit; and
17.12.020 Uses permitted. No person shall use, nor
shall any person permit the use of, any property classified
in the R-G or R-3 zones, for any use other than the
following:
A. Principal Uses.
1. Multiple Dwelling units;
2. Condominiums;
3. Townhouses;
4. One-family Dwelling units allowed
pursuant to a Planned Development Zone.
5. Those uses permitted as principal uses in
the R-1 zone provided in compliance with
provision of Chapter 17.08 and 17.10 of
this Code.
B. Accessory Uses. Those uses expressly
designated as accessory uses pursuant to the
provisions of this Title.
17.12.030 Uses permitted by conditional use
permit. The following uses shall be permitted on R-G or R-3
zoned lots, provided a conditional use permit is first
obtained pursuant to this Title:
A. Churches; provided the same are located upon a
lot having a lot area of at least one-half
1/2) acre; and
B. Day care nurseries, or nursery schools;
provided the same are located upon a lot
having a lot area of at least one-half 1/2)
acre; and
C. Educational institutions; provided the same
are located upon a lot having a lot area of at
least one-half 1/2) acre; and
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D. Nursing, convalescent or rest home; provided
the same are located upon a lot having a lot
area of at least one-half 1/2) acre; and
E. Homes of the physically or mentally impaired;
provided the same are located upon a lot
having a lot area of at least one-half 1/2)
acre; and
F. Hospitals; provided the same are located upon
a lot having a lot area of at least one-half
1/2) acre; and
G. Mobilehome parks in accordance with Section
17.38.010; provided that the maximum number of
mobilehomes on a lot shall not exceed the
maximum allowable density applicable to the
lot, pursuant to the provisions of this Code;
and
H. Off-street parking in conjunction with
commercial and manufacturing uses; provided
that a six 6) feet masonry block wall shall
be constructed on such lot adjacent to any R'
zoned property. The wall shall be reduced to
thirty-six 36) inches in height in and along
any required front yard area. Such parking
facilities shall observe a front yard area not
less than fifteen 15) feet in depth, which
shall be fully landscaped as depicted in
Diagram E, attached To the Ordinance No. 1019
codified in this title on file in the City
Clerks office; and
I. Private recreational facilities.
17.12.040 Development standards. All uses on lots
classified in the R-G or R-3 zones shall comply with the
following Development standards:
A. Minimum lot area. Each lot hereafter created
shall have and maintained a minimum lot area
of not less than five thousand 5,000) square
feet; and
B. Maximum Density Lot Area Per Dwelling
Unit. The maximum densities per lot shall be
determined as follows:
1. RG zone. The minimum lot area per
dwelling unit shall be 3,600 square feet.
2. R-3 zone. The minimum lot area per
dwelling unit shall be 2,100 square feet;
and
C. Maximum building height. No building or
structure shall be permitted to exceed a
height equal to two 2) stories or twenty-
seven 27) feet, whichever is less; and
D. Minimum lot width. Each lot hereafter created
shall have and maintain a lot width of not
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less than fifty 50) feet, except that corner
lots shall have and maintain a lot width of
not less than fifty-five 55) fees; and
E. Maximum building length. No building shall be
constructed in excess of one hundred twenty-
five 125) feet in length; and
F. Required yard areas. Each lot shall have and
maintain front, side, and rear yards in
conformance with the following requirements:
1. Front yards. A front yard having a depth
of not less than fifteen 15) feet,
except that when such a lot fronts or
sides any lot in the R-1 zone, or is
separated from such R-1 zone lot by a
street, the depth of the required front
yard shall be not less than twenty 20)
feet; and
2. Side Yards:
i) Interior Lots. Side yards on
interior lots shall be not less than
ten 10) feet in width; except that
when a lot shares a common side lot
line with an R-1 zoned lot, the
width of the required side yard area
shall not be less than twenty 20)
feet; and
ii) Corner Lots. Side yards on corner
lots shall be not less than fifteen
15) feet in width on the street
side; side yards on the non-street
side shall be not less than ten 10)
feet in width; except that when a
lot shares a common side lot line
with an R-1 zoned lot, the depth of
the required side yard area shall
not be less than twenty 20) feet in
width; and
3. Rear Yards. A rear yard shall be not
less than ten 10) feet in depth; except
that when a lot shares a common rear lot
line with an R-1 zoned lot, the depth of
the required rear yard area shall not be
less than twenty 20) feet; and
G. Private open space. Each lot shall have and
maintain not less than one hundred 100)
square feet of private open space for each
dwelling unit, which shall be located so as to
be directly accessible to the dwelling unit
served thereby; such open space shall be
maintained with a minimum dimension of eight
8) feet; provided that roofs and eaves shall
be permitted to encroach feet into a private
open space provided such encroachments shall
observe a vertical clearance of not less than
eight 8) feet; and
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H. Common open space. Common open space shall be
provided at a rate of not less than two
hundred 200) square feet per dwelling unit;
such open space shall have a minimum dimension
of twenty 20) feet and shall be maintained
open and unobstructed; and
I. Required walls. Subject to the provision of
Section 17.46.050, solid masonry walls shall
be constructed and maintained in and along all
side and rear lot lines of such lots; and
J. Minimum floor area for dwelling units. Each
dwelling unit shall have and maintain a
minimum gross floor area, excluding garage
areas, as follows:
1. Efficiency units, four hundred fifty
450) square feet; and
2. One bedroom unit, six hundred fifty 650)
square feet; and
3. Two bedroom units, eight hundred fifty
850) square feet; and
4. Three bedroom units, one thousand fifty
1,050) square feet; and
5. For each additional bedroom in units
having more than three 3) bedrooms, one
hundred fifty 150) square feet of
additional floor area.
A den, library, study or similar
habitable room which functionally could
be used as a bedroom shall be considered
a bedroom for the purpose of determining
minimum floor area; and
K. Parking. Off street parking facilities shall
be provided and maintained on each such lot
unit in accordance with Section 17.34.010 of
this Title.
17.12.050 Street frontage. Each lot created after
December 17, 1983, shall have a minimum street frontage of
fifty 50) feet.
17.12.060 Minimum distance between buildings. The
minimum allowable distance between buildings located upon
the same R-G or R-3 lot shall be ten 10) feet.
17.12.070 Landscaping. In addition to all other
requirements for landscaping pursuant to the provisions of
this Title, a strip of landscaping shall be installed and
maintained adjacent to all driveways and buildings located
upon any R-G or R-3 lot. The location, area and design of
all such landscape areas shall be subject to review and
approval by the Design Review Committee.
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17.12.080 Detached Garages Permitted in Required
Yard Areas. Detached garage structures may be located
within a required side or rear yard area, except that no
structure shall be permitted within a required side yard
area adjacent to a street or within a required side or rear
yard area or an R-3 or R-G lot which abuts an R-1 zoned
property'?.
SECTION 4. That Section 17.34.030 of the Baldwin
Park Zoning Code is hereby amended by striking therefrom the
phrase Diagram F, attached to the Ordinance", and replacing
the same with the following: Diagrams E and F attached to
Ordinance No. 1019.
SECTION 5. That Sections 17.34.060, 17.34.070,
17.34.100 and subdivision A of 17.34.220 of Chapter 17.34 of
Title 17 of the Baldwin Park Zoning Code are hereby amended
to read, respectively, as follows:
1) 17.34.060 Ungrounded parking facilities.
Notwithstanding any other provisions of this Chapter
relating to the location of buildings and structures on a
lot, off street parking facilities may be located in any
required yard area on a commercial or industrial lot except
a required front yard, if:
A. The same are subterranean; and
B. The same are constructed in a manner approved
by the Director to insure that there will be
adequate lateral support and safe vehicular
and pedestrian ingress and egress thereto.
Subterranean or semi subterranean parking
facilities shall not be permitted on R" zoned
properties.
2) 17.34.070 Access Driveways.
A. Width and Clearance. Driveway width and
clearance shall be Provided in accordance with
City and County Fire Department standards, but
in no case Call the width of a driveway be
less than ten 10) feet for R-1 zoned
properties and twenty 20) feet for R-G R-3
and C" or I" zoned properties.
B. Joint Use. Driveways used in combination with
abutting properties shall be allowed for
commercial and industrial lots when proper
easements or agreements, approved as to form
by the City Attorney, have been executed,
recorded and filed with the City.
3) 17.34.100 Screening. Every parking area having
five or more spaces which is located upon Z lot which has a
common lot line with any R-zoned lot or is adjacent to any
street or alley shall be screened therefrom *By a solid
masonry wall six 6) Z in height Such height'; shall not
exceed thirty-six Inches adjacent to front yard areas on
such abutting or adjacent R-zoned property or the side yard
area facing a public street. All wall heights shall be
measured from the grade of the surface of the R-zoned lot.
A thirty-six inch high landscape berm may, at the discretion
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of the Design Review Committee, be substituted for the
required wall adjacent to a front or side yard area adjacent
to the street.
4) Subdivision A of 17.34.220 is amended as follows:
A". Residential Zones
1. R-1 2 parking spaces for each dwelling
unit, each of which shall be located
in a garage.
2. R-G & 2 parking spaces per unit,
R-3 one of which shall be located in a
garage with wall separations for
each dwelling unit, plus additional
open parking at the rate of: a)
one-half 1/2) parking space per
dwelling unit for each dwelling unit
which contains two or less bedrooms;
and b) three-fourths 3/4) parking
space per dwelling unit for each
dwelling unit which contains three
bedrooms; and c) one and one fourth
1 1/4) parking space per unit for
each dwelling unit which contains
four bedrooms; and d) One-fourth
1/4) additional parking space for
each additional bedroom in a
dwelling unit in excess of four
bedrooms.
A den, library, study or similar
habitable room which functionally
could be used as a bedroom shall be
considered to be a bedroom for
purpose of this Subdivision, 2."
SECTION 6 That Sections 17.46.030, 17.46.040 and
17.46.050 of Chapter 17.46 of Title 17 of the Baldwin Park
Zoning Code are hereby amended to read, respectively, as
follows:
1) 17.46.030 Yard regulations. Except as
expressly provided in this Chapter, every required yard area
shall be open and unobstructed from the ground to the sky."
2) 17.46.040 Permitted intrusions into required
yard areas. The following intrusions may project into any
required yard area but in no case shall such intrusions
extend more than twenty-four 24) inches into such required
yard areas, except as is expressly permitted in this
section:
A. Cornices, eaves, belt courses, sills, bay
windows, buttresses or other similar
architectural features;
B. Fireplace structures not wider than eight
8) feet measured along the wall of which
it is part;
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C. Stairways, balconies and fire escapes;
D. Planting boxes or masonry planters not
exceeding thirty-six 6) inches in
height;
E. Guard railings.
3) 17.46.050 Wall, fence or shrub may be
maintained.
A. A wall, fence or shrub not more than six
6) feet in height may be located on any
R" zoned lot; a wall, fence or shrub or
not more than eight 8) feet in height
may be located on any C" or I" zoned
lot, except in required front yard areas
or in required side yards on the street
side of such lots. The provisions of
this section shall not be deemed to
prohibit fences expressly required by any
law. In any R' zone, a solid wall,
fence or shrub thirty-six 36) inches in
height ora forty-eight 48) inch non-
view obscuring fence may be located and
maintained in any required front or
streetside required side yard.
B. Where a retaining wall contains a fill,
the height of the retaining wall built to
retain the fill shall not be considered
as contributing to the permissible height
of a fence, wall or shrub as measured
from the fill side of the retaining wall
except that the overall height of a
fence, wall or shrub including the
retaining wall shall not exceed ten 10)
feet in height as measured from the non-
retaining or low side of the retaining
wall."
SECTION 7 That Subdivision A of Section 17.52.060
of the Baldwin Park Zoning Code is hereby amended to read as
follows:
A. In approving, conditionally
approving, or disapproving plans for any
use which is subject to the provisions of
this Chapter, 17.52, the Design Review
Committee shall insure that each such use
complies with the provisions of this
Title, and Design Review Guidelines
adopted by the City Council, upon
recommendation of the Planning Commission
and City Staff.
SECTION 8. That the City Council at the time of
the public hearing on the above matter reviewed and
considered the proposed Negative Declaration, and comments
relating thereto. That the City Council, based upon its
public review, does hereby approve the proposed Negative
Declaration, since there is no substantial evidence that the
project will have a significant effect on the environment.
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The City Clerk shall file the Negative Declaration of
Environmental Impact.
SECTION 9. That this Ordinance is hereby declared
La be an urgency measure and shall Lake effect immediately
upon its adoption. That this Ordinance shall remain in full
force and effect for a period of forty-five 45) days from
and after its adoption. This Ordinance and/or the
provisions hereof may be extended or readopted in the manner
prescribed by law.
SECTION 10 That the City Council does hereby
rescind Ordinance No. 992, approved on August 3, 1989.
SECTION 11. That the City Clerk shall certify to
the adoption of this Ordinance and shall cause a copy of the
same to be published in the manner prescribed by law.
PASSED AND APPROVED this 5th day of April
1989.
ATTEST
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF BALDWIN PARK
I, LINDA L. GAIR, City Clerk of the City of Baldwin
Park do hereby certify that the foregoing Ordinance No.
1019 was passed and approved as an urgency ordinance at a
regular meeting of the City Council on April 5, 1989, by the
following vote:
AYES COUNCILMEMBERS GIBSON MCNEILL LOWES MAYOR KING
NOES COUNCILMEMBERS NONE
ABSENT: COUNCILMEMBERS IZELL
CITY CLERK
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