HomeMy WebLinkAboutORD 1290ORD 129079wT ×P Ä T˜ö ORDINANCE NO. 1290
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK AMENDING PART 5 OF CHAPTER
153 OF THE BALDWIN PARK MUNICIPAL CODE TO ADD
PROVISIONS RELATING TO A REDEVELOPMENT
OVERLAY
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS
FOLLOWS:
Section 1. Part 5 of Chapter 153 of the Baldwin Park Municipal Code relating
to Special Zones is hereby amended in its entirety to read as follows:
PART 5. RDAO) REDEVELOPMENT OVERLAY
153.315 PURPOSE
The purpose of establishing a Redevelopment Project Area Overlay
RDAO) is to facilitate the consideration of redevelopment projects and
activities of the Community Development Commission of the City of
Baldwin Park CDC) that are consistent with and implement the Central
Business District Redevelopment Plan and Sub-Areas 2 and 3 of the
Sierra Vista Redevelopment Project Area portion of the Baldwin Park
Redevelopment Plan.
153.315.5 APPLICABILITY
The RDAO applies to all the parcels within the Central Business
District Redevelopment Plan and Sub-Areas 2 and 3 of the Sierra Vista
Redevelopment Project Area as officially adopted by the City of Baldwin
Park. Said area is generally bounded by Clark Street to the North, the
commercial buildings along Maine Avenue to the West the blocks along
Ramona Boulevard from Baldwin Park Boulevard to Downing Avenue to
the South and Alderson Avenue to the East, and includes as well the
industrial areas along Badillo Avenue and Ramona Boulevard from
Downing Avenue to the Sierra Vista Redevelopment Project Area
boundary. The area is illustrated in that certain map dated June 21,
2006, which is on file in the offices of the City's Planning Division and
incorporated herein by this reference.
Except as expressly provided in this Part, the land use and development
requirements of the underlying zone shall apply.
ORD 129079wT ×P Ä T˜ö Ordinance 1290
Page 2
153.316 USES PERMITTED AND CONDITIONALLY
PERMITTED
A) The uses permitted or conditionally permitted in the RDAO shall be
limited to those uses listed in the table below:
LAND USE PERMIT REQUIREMENT BY ZONE
C-1 C-2 C-M I See Section
Alcoholic Beverage Sales CUP CUP CUP CUP 153.316.5
On or Off Site
Apparel Shop P P P P 153.316.5
Appliance Store P P P 153.316.5
Art Store/Gallery P P P 153.316.5
Auto Supply Store P P P P 153.316.5
Automated Teller Machine CUP CUP CUP 153.316.5
Freestanding)
Bake P P P P 153.316.5
Bank CUP CUP CUP 153.316.5
Barbershop/Beauty Parlor P P P 153.316.5
Beauty Salon/Spa Full CUP CUP CUP 153.316.5
Service
Bookstore/Stationary P P P P 153.316.5
Store
Bowling Alley cup CUP CUP 153.316.5
Dry Cleaners drop-off CUP CUP CUP CUP 153.316.5
only)
Florist P P P P 153.316.5
Furniture Store F 5---P P-153.316.5
Gift Shop P P P P 153.316.5
Hobby Shop P P P P 153.316.5
Jewel Store P P P 153.316.5
Laundromat CUP CUP CUP CUP 153.316.5
Pet Store P P P P 153.316.5
Restaurant P P P P 153.316.5
Theater Live or Cinema CUP CUP CUP 153.316.5
P Permitted CUP Conditional Use Permit
For RG and R3 Zones, reference Sections 153.030 through 153.039 and 153.070
through 153.078.
ORD 129079wT ×P Ä T˜ö Ordinance 1290
Page 3
B) The uses prohibited in the RDAO shall be:
1) Automobile Repair
2) Automobile Service Stations
3) Automobile Storage and Dismantling Yard
4) Automobile Wash
5) Check Cashing
6) Drive-through Establishment
7) Dry Cleaning Establishment On-site)
8) Fabrication Plant
9) Grocery Store over 10,000 square feet
10) Machine Shop
11) Manufacturing and/or Assembly Establishments
12) Office Professional, Medical and Dental)
13) Pawn Shop
14) Second-Hand Store
15) Upholstery Establishment
16) Warehousing/Storage Establishment
17) Water Store/Kiosk and
18) Welding Establishment.
C) The Community Development Director is authorized to approve
acceptance of any application for a use not specifically listed in
subdivision A), above, which, in his/her reasonable discretion, is
substantially similar to a use listed in that subdivision. The Community
Development Director or his designee is authorized to deny acceptance of
any application for a use not specifically listed in subdivision B), above,
which, in his/her reasonable discretion, is substantially similar to a use
listed in that subdivision.
D) Subject to subdivision E) below, the right to utilize a property for a
use other than one listed in subdivision A), above, shall be terminated if
such use has not been actively open to the public for any ninety 90)
consecutive days after April 20, 2006, and such use shall not thereafter
reopen.
E) An application for a waiver of subdivision D), above, may be filed
by or on behalf of the property owner; provided, that the application shall
be filed within ninety 90) days after the use cannot be reopened pursuant
to subdivision D), above. 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 taking of private property without just compensation or otherwise
constitute a violation of the United States Constitution, California
Constitution or other applicable Federal or State laws or ii) all of the uses
listed in subdivision A), above, are economically infeasible for the
ORD 129079wT ×P Ä T˜ö Ordinance 1290
Page 4
property.
F) The fee for filing a request for a waiver shall be the same as filing
an application for a conditional use permit, as established by resolution of
the City Council.
G) Section 153.689 shall govern any appeal of a decision of the Planning
Commission; provided, that the fee for filing an appeal shall be the same
as an appeal for a conditional use permit, as established by resolution of
the City Council.
153.316.5 APPLICATION PROCEDURES FOR APPROVAL
A) Before any new permitted or conditionally permitted use can
commence operation, or any building permit can be issued for a structure
on a property within the RDAO area, the property owner or his/her
representative shall file an application for and receive approval from the
Community Development Director. The Community Development Director
may refer the review and approval to the Planning Commission, in his or
her sole discretion. The approval shall be based on the guidelines and
provisions applicable to a design review and conditional use permits
established by Chapter 153.
B) Notwithstanding any application, filing and review procedures
established by Chapter 153 or regulations adopted pursuant thereto, a
party other than the property owner(s) or their designated
representative(s) may file an application for the City's consideration of
land use entitlements without the consent of the property owner(s) or their
representative(s), if that party has entered into a Cash Depository
Agreement, Exclusive Negotiation Agreement, Owner Participation
Agreement, Owner Participation and Disposition Agreement, Disposition
and Development Agreement, or similar agreement with the Community
Development Commission of the City of Baldwin Park; provided, that any
entitlement granted pursuant to this Part shall not be effective unless and
until the applicant becomes the owner of the property involved or the
property owner(s) of that property has(have) submitted written approval for
the applicant to proceed with that entitlement.
C) The fee for filing an application in the RDAO area shall be the same
as the fee for filing an application for a conditional use permit, as
established by resolution of the City Council. The fee for filing an appeal
of any decision on that application shall be the same as for an appeal of
the decision on a conditional use permit, as established by resolution of
the City Council.
ORD 129079wT ×P Ä T˜ö Ordinance 1290
Page 5
Section 2. The City Clerk shall certify to the adoption of this ordinance and shall
cause a copy of the same to be published in a manner prescribed by law.
APPROVED, and ADOPTED this 2nd day of August 2006.
MAN JL.AI~O
M R W'
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES 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 1290 was introduced at a regular
meeting of the City Council held on July 19, 2006, and was adopted by the City Council
at its regular meeting held on August 2, 2006, by the following vote of the Council:
AYES: COUNCIL MEMBERS: Anthony J. Bejarano, Ricardo Pacheco,
Mayor Pro Tern David J. Olivas and
Mayor Manuel Lozano
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: Marlen Garcia
ABSTAIN: COUNCIL MEMBERS: NONE
ROSEMARY M. UTIERREZ
CHIEF DEPUTY CITY CLERK
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