HomeMy WebLinkAboutORD 1289ORD 128979wT ×P Ä N˜ö URGENCY
ORDINANCE NO. 1289
AN INTERIM ORDINANCE OF THE CITY OF BALDWIN
PARK DECLARING A MORATORIUM ON THE
ESTABLISHMENT OF VARIOUS USES ON ANY PROPERTY
WITHIN THE CENTRAL BUSINESS DISTRICT
REDEVELOPMENT PROJECT AREA AND SUB-AREAS 2 & 3
OF THE SIERRA VISTA REDEVELOPMENT PROJECT
AREA OF THE BALDWIN PARK REDEVELOPMENT PLAN,
AND DECLARING THE URGENCY THEREOF
WHEREAS, at City Council director, the City has taken steps to establish a master
plan for development of the Central Business District Redevelopment Project area and
Sub-Areas 2 & 3 of the Sierra Vista Redevelopment Project Area, a map of which is
attached hereto as Exhibit A" the Downtown Area") as an urban village with a pedestrian
oriented environment the Urban Village"_
WHEREAS, those steps have included the development of a preliminary site plan
reviewed by the City Council, and the pending adoption of an overlay area to effectuate the
Urban Village; and
WHEREAS, of particular concern determined through the initial work undertaken by
the Planning Department is that the City's current regulations do not have sufficient
standards to prevent certain uses for the Downtown Area to assure consistency of the
Urban Village; and
WHEREAS, the uses to be prevented in the Downtown Area in support of the Urban
Village are those listed in Exhibit B" attached hereto; and
WHEREAS, the City Council anticipates that zoning proposals relating to the
Downtown Area and Urban Village 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 Council hereby adopts each recital set forth above as a
finding of the City Council.
SECTION 2. The City Council further finds that within the Downtown Area the
prevention of those uses listed in Exhibit B," subject to the waiver provisions also set forth
in Exhibit B," is essential and urgently needed to prevent conflicts with contemplated
zoning proposals for the Urban Village, and that such potential conflicts constitute a current
and immediate threat to the public health, safety or welfare.
ORD 128979wT ×P Ä N˜ö Urgency Ordinance 1289
Page 2
SECTION 3. Pursuant to Government Code 65858, the City Council hereby
declares a moratorium to prevent the development of all uses attached hereto in Exhibit B"
within the Downtown Area and on the issuance of any permits, approvals, or entitlements
for use for such development, including but not limited to subdivisions, use permits,
variances, building permits, or any other applicable permit or entitlement for use which is
required in order to comply with the City's zoning ordinances. The moratorium declared
and established by this Section 3 shall remain in effect until the effective date of new
zoning requirements for the development of such businesses are adopted by the City
Council, or until 45 days after the date of enactment of this ordinance, whichever comes
first. Said moratorium shall not apply to development of those uses, attached hereto as
Exhibit B" for which building permits have been issued and substantial expenditures on
hard construction costs have occurred on or before the effective date of this ordinance.
SECTION 4. This is an urgency ordinance adopted pursuant to Section 65858,
which shall take effect immediately and shall expire forty-five 45) days after the date
hereof unless extended pursuant to the provisions of said section.
SECTION 5. If any part or provision of this ordinance or its application to any person
or circumstance is held invalid, the remainder of this 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.
APPROVED, PASSED AND ADOPTED this 19th day of July, 2006.
NO
M OR~E
ORD 128979wT ×P Ä N˜ö Urgency Ordinance 1289
Page 3
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES f ss.
CITY OF BALDWIN PARK
I, ROSEMARY M. GUTIERREZ, Chief Deputy City Clerk, of the City of Baldwin
Park, do hereby certify that the foregoing Ordinance 1289 was adopted as an urgency
matter at a regular meeting of the City Council held July 19, 2006, by the following vote of
the Council:
AYES: COUNCIL MEMBERS: Anthony J. Bejarano, Marlen Garcia,
Ricardo Pacheco, Mayor Pro David
J.Olivas and Mayor Manuel Lozano
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
C~(k'.' 7- ROSEMARY GUTIERREZ
CHIEF DEPUTY CITY CLERK
ORD 128979wT ×P Ä N˜ö
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Exhibit A'
Map of CBD and Subareas 2 and 3 of Sierra Vista Project Area
ORD 128979wT ×P Ä N˜ö Urgency Ordinance 1289
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EXHIBIT B"
LAND USES
Each of the following uses shall not be permitted in the Downtown Area if it is
i) open to the public or ii) reopening to the public after it has been closed to
the public for 90 or more consecutive days prior to the adoption of Ordinance
1289, to which this Exhibit is attached:
1) Automobile Repair
2) Automobile Service Stations
3) Automobile Storage and Dismantling Yard
4) Automobile Wash
5) Drive-through Establishment
6) Dry Cleaning Establishment On-Site)
7) Fabrication Plant
8) Grocery Store over 10,000 square feet
9) Machine Shop
10) Manufacturing and/or Assembly Establishments
11 Pawn Shop
12) Second Hand Store
13) Upholstery Establishment
14) Warehousing/Storage Establishment
15) Welding Establishment
Waiver- Any owner of real property within the Downtown Area can apply for a
waiver of the application of Ordinance 1289, as long as such application is
filed within 90 days after a listed use is not permitted to reopen on that
property owner's real property. Such waiver shall be granted by the Planning
Commission, if the property owner, or his or her representative, presents
substantial evidence showing i) strict application of this Part would effect a
violation of the United States Constitution, California Constitution or other
applicable Federal or State laws or ii) all of the uses listed above are
economically infeasible for the property. The fee for filing a request for a
waiver shall be the same as filing an application for a condition sue permit.
Section 153.689 of the City's municipal code shall govern any appeal of a
decision of the Planning Commission; provided, that the fee forfiling an appeal
shall be the same as an appeal for a conditional use permit.
BIB]
38960-U01
ORD-U02
1289-U02
LI2-U03
FO8535-U03
FO84123-U03
DO91908-U03
C5-U03
ORDINANCES-U03
8/31/2006-U04
ROBIN-U04