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Home My WebLink AboutORD 1293ORD 129379wU ×P%L˜ö ORDINANCE NO. 1293 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTIONS 153.003, 153.052 AND 153.073 OF AND ADDING SECTION 153.041 TO THE BALDWIN PARK MUNICIPAL CODE RELATING TO GROUP HOMES APPLICANT: CITY OF BALDWIN PARK; CASE NO.: AZC-157) THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS FOLLOWS: Section 1. Section 153.003 of the Baldwin Park Municipal Code is hereby amended in the following particulars: A. The following definitions are hereby deleted: Alcoholism hospital"; Convalescent facility"; Day treatment hospital"' Facilities for the rehabilitation of drug addicts"; Family home mentally ill or handicapped)"; Home for the aged"; Nursing and convalescent hospital"; and Rest home." B. The following definitions are hereby amended to read as follows: BOARDINGHOUSE. A dwelling unit where nontransient lodging, with or without meals, is provided for compensation to one or more persons who are not members of the family occupying the premises. For purposes of this definition, lodging shall be deemed non-transient if it is for not less than thirty-one 31) consecutive days. Notwithstanding the foregoing, the following shall not be deemed a boardinghouse when the dwelling unit is used to serve six 6) or fewer persons and the occupant or owner of the dwelling unit has all licenses required by law for such service: an intermediate care facility/developmentally disabled habilitative or an intermediate care facility/developmentally disabled-nursing, as defined in California Health & Safety Code Section 1250; a residential facility as defined in California Health & Safety Code Section 1502; a residential care facility as defined in California Health & Safety Code Section 1568.01; a residential care facility for the elderly as defined in California Health & Safety Code Section 1569.2; an alcoholism or drug abuse recovery or treatment facility as defined in California Health & Safety Code Section 11834.11; or ORD 129379wU ×P%L˜ö Ordinance No. 1293 Page 2 any other use which state law states may not be deemed to be a boardinghouse. FAMILY. A group of persons, whether related or unrelated, who live together in a nontransient and interactive manner, including the joint use of common areas of the premises which they occupy and sharing household activities and responsibilities such as meals, chores and expenses. Notwithstanding the foregoing, any group of persons required to be considered as a family" for zoning purposes pursuant to California Health & Safety Code Sections 1267.8, 1566.3, 1568.0831, 1569.85, 11834.23, or any other state law shall be deemed to be a family for purposes of this code. HOSPITAL, GENERAL. An institution staffed and equipped to provide the various types of intensified hospital care, including, but not limited to, short term care in acute medical, surgical and obstetrical services. C. The following definitions are hereby added to read as follows: RESIDENTIAL CARE FACILITY. A group care facility providing 24-hour accommodations and non-medical care to persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living. Notwithstanding the foregoing, a residential facility which has obtained the license required by Health & Safety Code Section 1508 and which serves six 6) or fewer persons shall not be deemed a residential facility, but shall be subject only to such restrictions as are identical to those applied to other families dwellings of the same type in the same zone. URGENT CARE FACILITY. A facility that delivers ambulatory medical care outside of a hospital emergency department on a walk-in basis without a scheduled appointment. Urgent Care Facilities may include x-ray facilities and minor trauma rooms to facilitate the repair of minor severity lacerations. Section 2. Section 153.041 is hereby added to the Baldwin Park Municipal Code to read as follows: 153.041 BOARDINGHOUSES. ORD 129379wU ×P%L˜ö Ordinance No. 1293 Page 3 Notwithstanding any provisions of law to the contrary, boardinghouses as defined in this Code shall be prohibited in any R Zone. Section 3. Section 153.052 of the Baldwin Park Municipal Code is hereby amended to read as follows: 153.052 CONDITIONAL USES. The following uses may be permitted subject to the issuance of a conditional use permit, pursuant to the provisions of this chapter: A) One second dwelling unit per lot; provided that the dwelling is developed and maintained in accordance with 153.056. B) Off-street parking facilities in conjunction with commercial and manufacturing uses; provided that the facility is developed and maintained in accordance with 153.057. C) Churches; provided that such use is developed and maintained in accordance with 153.058. D) Educational institutions; provided that such use is developed and maintained in accordance with 153.058. E) Residential care facilities; provided that such use is developed and maintained in accordance with 153.058. F) Mobile home parks; provided that such use is developed and maintained in accordance with 153.545 et seq., and that the maximum number of mobile homes per acre shall not exceed the maximum permissible density for single family residential areas as established by the general plan. Section 4. Section 153.073 of the Baldwin Park Municipal Code is hereby amended to read as follows: 153.073 CONDITIONAL USES. The following uses shall be permitted on R-G or R-3 zoned lots, provided a conditional use permit therefor, is first obtained pursuant to this chapter: I ORD 129379wU ×P%L˜ö Ordinance No. 1293 Page 4 A) Churches; provided the church is located upon a lot having a lot area of at least one-half an acre. B) Day care nurseries, or nursery schools; provided the nursery is located upon a lot having a lot area of at least one-half acre. C) Educational institutions; provided the institution is located upon a lot having a lot area of at least one-half acre. D) Residential care facilities; provided the facility is located upon a lot having a lot area of at least one-half acre. E) Hospitals; provided the hospital is located upon a lot having a lot area of at least one-half acre. F) Mobile home parks in accordance with 153.545 et seq.; provided, that the maximum number of mobile homes on a lot shall not exceed the maximum allowable density applicable to the lot, pursuant to the provisions of this code. G) Off-street parking in conjunction with commercial and manufacturing uses; provided, that a six-foot masonry block wall shall be constructed on such lot adjacent to any R zoned property. The wall shall be reduced to 36 inches in height in and along any required front yard area. Such parking facilities shall observe a front yard area not less than 15 feet in depth, which shall be fully landscaped as depicted in Diagram E, attached to the ordinance codified in this chapter and filed in the City Clerk's office. H) Private recreational facilities. Section 5. 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 6T" day of December, 2006. a r~r u 3.arr ORD 129379wU ×P%L˜ö Ordinance No. 1293 Page 5 ATTEST: 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 1293 was introduced at a regular meeting of the City Council held on November 15, 2006, and was adopted by the City Council at its regular meeting held on December 6, 2006, by the following vote of the Council: AYES: COUNCILMEMBERS: Anthony J. Bejarano, Marlen Garcia, Ricardo Pacheco David J. Olivas and Mayor Manuel Lozano NOES: COUNCILMEMBERS; NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Z C. ROSEMARY M. GUTIERREZ Chief Deputy City Clerk BIB] 39091-U01 ORD-U02 1293-U02 LI2-U03 FO8535-U03 FO84123-U03 DO98042-U03 C5-U03 ORDINANCES-U03 1/9/2007-U04 ROBIN-U04