HomeMy WebLinkAboutORD 1278ORD 127879wV ×P @ b URGENCY
ORDINANCE NO. 1278
AN INTERIM ORDINANCE OF THE CITY OF BALDWIN PARK
EXTENDING A MORATORIUM ON THE CREATION OF FLAG
LOT SUBDIVISIONS WITHIN THE CITY OF BALDWIN PARK
WHEREAS, on December 21, 2005 the City Council of the City of Baldwin Park
adopted an urgency moratorium prohibiting the creation of flag lot subdivisions within the City of
Baldwin Park; and
WHEREAS, the City Council found that the City's minimum guidelines and
standards for the creation of flag lot subdivisions lack sufficient safeguards to protect the public
health, safety and welfare, because of the lack of regulations of these types of uses, and the
absence of an overall implementation plan for the City; and
WHEREAS, following the updating of the General Plan of the City of Baldwin Park
in November of 2002, the City Council directed the Planning Division to review the City's zoning
code and zoning maps to assure that they are consistent with the revised General Plan Land
Use Map and other provisions of the General Plan, as well as internally consistent,
understandable, and in compliance with all applicable federal and state law; and
WHEREAS, the Planning Department has undertaken the preliminary steps
required for such work, including but not limited to the preparation of an Administrative Draft of
the Zoning Code, and is actively proceeding with the studies required to implement the City
Council's direction; and
WHEREAS, as part of said work, the City has been and is studying flag lot
subdivisions and the appropriate mechanisms to regulate such uses, and the City Council
anticipates that zoning proposals relating thereto will be brought forward for hearing by the
Planning Commission and the City Council within a reasonable time.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
ORDAINS AS FOLLOWS:
SECTION 1. The City of Baldwin Park hereby extends the moratorium on the creation of
flag lot subdivisions in the City enacted by Ordinance No. 1277, for a period of ten 10) months
and fifteen 15) days from the scheduled termination thereof.
SECTION 2. The moratorium established by Section 1 above shall be applicable
throughout the City.
SECTION 3. The City Council hereby finds and determines that the creation of flag lot
subdivisions constitutes a current and immediate threat to public health, safety and welfare in
that such lots impact the privacy of back yards of neighboring properties and are not consistent
with Policy 2.4 of the Land Use Element of the General Plan which prohibits future flag lot
subdivisions and strives to achieve single-family infill projects which complement the
surrounding neighborhood setting.
ORD 127879wV ×P @ b Ordinance 1278
Page 2
SECTION 4. The City Council further finds and determines that a moratorium on the
creation of flag lots is necessary to preserve and protect the public health, safety, and welfare
that could be compromised if the creation of flag lot subdivisions is permitted to continue during
the period that the zoning proposals discussed above are being completed and appropriate
ordinances considered for adoption.
SECTION 5. If any part or provision of this ordinance or its application to any person or
circumstance is held invalid, the remainder of the ordinance, including the application of such
part or provision to other persons or circumstances, shall not be affected and shall continue in
full force and effect. To this end, the provisions of this ordinance are severable.
SECTION 6. This ordinance is an urgency ordinance enacted by a four-fifth vote of the
City Council. Pursuant to the provisions of Government Code section 65858, this ordinance
shall become effective upon expiration of Ordinance No. 1277 and shall remain in effect for a
period of ten months and fifteen days thereafter.
APPROVED, PASSED AND ADOPTED th- c a of January 2006.
r
VAN
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss:
CITY OF BALDWIN PARK
I, ROSEMARY M. RAMIREZ, Chief Deputy City Clerk of the City of Baldwin Park, do
hereby certify that the foregoing Ordinance No. 1278 was regularly introduced and adopted at a
regular meeting of the City Council on January 18, 2006.
AYES: COUNCILMEMBERS: Anthony J. Bejarano, Marlen Garcia,
Mayor Pro Tern David J. Olivas and
Mayor Manuel Lozano
NOES: COUNCILMEMBERS: Ricardo Pacheco
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: C ILMEMBERS: NONE
ROSEMA M. R4K REZ
CHIEF DEPUTY CITY CLERK
BIB]
38790-U01
ORD-U02
1278-U02
LI2-U03
FO8535-U03
FO84123-U03
DO84122-U03
C5-U03
ORDINANCES-U03
3/13/2006-U04
ROBIN-U04