HomeMy WebLinkAbout2012 03 28NOTICE AND CALL
OF A
SPECIAL MEETING
OF THE
CITY COUNCIL & PLANNING COMMISSION
TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF
THE CITY OF BALDWIN PARK
NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on
WEDNESDAY, March 28, 2012 at 6:30 p.m. at City Hall — 3`d Floor Conference Room 307,
14403 East Pacific Avenue, Baldwin Park, CA 91706.
Said Special Meeting shall be for the purpose of conducting business in accordance with
the attached Agenda.
NO OTHER BUSINESS WILL BE DISCUSSED
Dated: March 22, 2012 /V l
Manuel Lozano
Mayor
AFFIDAVIT OF POSTING
I, Alejandra Avila, City Clerk of the City of Baldwin Park, certify that I caused the
aforementioned Notice and Call of a Special Meeting to be delivered via email (hard copy to
follow) to each Member and to the San Gabriel Valley Tribune, and that I posted said notice as
required by law on March 22, 2012.
/14
Alejandra Avila
City Clerk
AGENDA
BALDWIN PARK
CITY COUNCIL & PLANNING COMMISSION
SPECIAL JOINT MEETING AGENDA
March 28, 2012
6:30 p.m.
CITY HALL - 3rd Floor, Conference Room 307
14403 EAST PACIFIC AVENUE
BALDWIN PARK, CA 91706
(626) 960 -4011
BALDWIN
P, A-
R� K
Manuel Lozano
- Mayor
Susan Rubio
- Mayor Pro Tern
Marlen Garcia
- Council Member
Monica Garcia
- Council Member
Ricardo Pacheco
- Council Member
PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FAVOR OE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA
PUBLIC COMMENTS COMENTARIOS DEL PUBLICO
The public is encouraged to address the City Se invita a/ publico a dirigirse al Concitio o cualquiera
Council or any of its Agencies listed on this otra de sus Agencies nombradas an esta agenda,
agenda on any matter posted on the agenda or pare hablar sobre cualquier asunto publicado an la
on any other matter within its jurisdiction. If you agenda o cualquier tema que este bajo su jurisdiction.
wish to address the City Council or any of its Si usted desea la oportunidad de dirigirse al Concilio o
Agencies, you may do so during the PUBLIC alguna de sus Agencies, podra hacerlo durante el
COMMUNICATIONS period noted on the periodo de Comentarios del Publico (Public
agenda. Each person is allowed three (3) Communications) anunciado an la agenda. A cads
minutes speaking time. A Spanish- speaking persona se le permite hablar por tres (3) minutos. Hay
interpreter is available for your convenience, un interprete pare su conveniencia._
CITY COUNCIL & PLANNING COMMISSION
SPECIAL JOINT MEETING AGENDA — 6:30 P.M.
77
CALL TO ORDER
ROLL CALL: Council Members: Marlen Garcia, Monica Garcia,
Ricardo Pacheco, Mayor Pro Tern Susan Rubio and
Mayor Manuel Lozano
Planning Chair Angela Alvarado, Planning Vice Chair David L. Muse;
Commissioners: Ralph Galvan, George Silva, and Natalie Ybarra
PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos sera el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL
PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special
circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions
asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting.
[Government Code §54954.2]
ESTE ES EL PERIODO DES/GNADO PARA D/RIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA St REQUIERE LOS SERVICIOS DEL INTERPRETE
No se podra tomar accidn an algGn asunto a menos qua sea incluido an la agenda, o a menos que exista alguna
emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a
declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o f jar asuntos para tomar en
consideracion an juntas proximas. [Codigo de Gobierno §54954.2]
1. STUDY SESSION
A. COMPREHENSIVE UPDATE TO THE ZONING CODE, SUBDIVISION
ORDINANCE, AND DESIGN GUIDELINES
B. MODIFICATION TO ORDINANCES 1290 AND 1337 AS PART OF
COMPREHENSIVE ZONING CODE UPDATE
ADJOURNMENT
CERTIFICATION
I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury
under the laws of the State of California that the foregoing agenda was posted on the City Hall
bulletin board not less than 24 hours prior to the meeting. March 22, 2012.
Alejandra Avila
City Clerk
PLEASE NOTE., Copies of staff reports and supporting documentation pertaining to each item on this agenda are
available for public viewing and inspection at City Hall, 2 n Floor Lobby Area or at the Los Angeles County Public Library
in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at
(626) 960 -4011, Ext. 466 or via e-mail at Fsalceda @baldwinpark.com.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please
contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting
will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (26 CFR 34.102.104 ADA
TITLE 11)
I11
BALDWIN
P -A - R,K
TO:
FROM
DATE:
CITY OF BALDWIN PARK
STAFF REPORT
Honorable Mayor and Members of the City Council
Honorable Chair and Planning Commissioners
Marc Castagnola, AICP, Commum lopment Manage
Amy L. Harbin, AICP, City Plarm
March 28, 2012
SUBJECT: STUDY SESSION: Comprehensive update to Chapters 152
(Subdivision Ordinance) and 153 (Zoning Ordinance),
establishment of new City-wide Design Guidelines and
Landscape Design Manual and amendments to the General
Plan Land Use Policy Map and Zoning Map (Location:
Citywide; Case Numbers: AGP -115, Z -553, AZC -163 and DRG
11 -1).
PURPOSE
This report provides a brief overview of the proposed modifications relating to the
comprehensive update to the City's Zoning Ordinance, Subdivision Ordinance,
and Design Guidelines and a review of the actions taken to date by staff on the
Comprehensive Zoning Code Update.
BACKGROUND /DISCUSSION
At the November 16, 2011 City Council meeting, Councilmember Marlen Garcia
requested that Staff schedule a study session with the Planning Commission
after the holiday and new year's season regarding the Comprehensive Updates
to the Zoning Code, Subdivision Ordinance and Design Guidelines.
Actions Taken To Date
The table below indicates the significant actions taken to date on the City's
General Plan update and map and the zoning code and map, design guidelines
and subdivision code.
Study Session --- AGP -115, Z -553, and AZC -163
March 28, 2012
Paae 2
TABLE #1
SIGNIFICANT ACTIONS TAKEN
DATE
ACTION
BODY
After a public hearing, Planning Commission approves of
Resolution PC 02 -21 recommending that the City Council:
10109102
(1) Adopt the EIR for the General Plan;
Planning
(2) Adopt the Statement of Overriding Considerations; and
Commission
(3) Adopt resolution PC 02 -21 approving the
comprehensive General Plan Update.
(1) After a public hearing, the General Plan Update 2020
was approved.
11/20/02
(2) Contract approved with Cotton /Bridges /Associates to
City Council
prepare a comprehensive Zoning Code and Design
Guidelines Update to be consistent with the newly
updated General Plan.
04/27/05
Public workshop /status on the comprehensive Zoning Code
Planning
and Design Guidelines update.
Commission
Original contract (11/20/02) amended to reflect City's
04/02/08
updated needs and assignment of contract to Hogle-
City Council
Ireland, Inc.
02/11/09
Public workshop on the proposed update to the zoning
Planning
code, design guidelines and subdivision code.
Commission
Public workshop for property owners who's zoning
04/29/09
designation will change as a result of the Zoning Code
Planning
update. Approximately 500 property owners affected were
Commission
notified of the workshop.
May /June
Updates to the Planning Commission on the proposed
2009
comprehensive update project.
Staff has informally outreached to several property owners
Since
that may be impacted by the proposed zoning changes. In
June 2009
some instances changes have already been made to the
zoning or changes are slated as part of the overall
comprehensive update
Study session with the Planning Commission to educate the
4/27/11
new Commissioners on the process to update a zoning
Planning
code and what staff is trying to accomplish by updating the
Commission
zoning code.
Informal Study Session with the Planning Commission and
5/11111
the public. Questions and, concerns were taken,
Planning
researched and incorporated into the public hearing staff
Commission
report for 6/8/11.
Public hearing on the Negative Declaration of
Environmental Impact and the various entitlements AGP-
6/8/11
115, Z -553, AZC -163 and DRG 11 -1 related to the
Planning
comprehensive update was conducted. After the public
Commission
hearing, Planning Commission approved Resolutions 11-
11, 11 -12, 11 -13 and 11 -14.
8/17/11 1
Public Hearing on the Declaration of Environmental Impact
City Council
Study Session --- AGP -115, Z -553, and AZC -163
March 28, 2012
Page 3
DATE
ACTION
BODY
and the various entitlements AGP -115, Z -553, AZC -163
and DRG 11 -1 related to the comprehensive update was
conducted. The item was continued to October 5, 2011.
Continued Public Hearing on the Declaration of
Environmental Impact and the various entitlements AGP -
115, Z -553, AZC -163 and DRG 11 -1 related to the
10/15/11
comprehensive update was conducted. The item was
City Council
continued as a result of the comments made by the
California Center for Public health Advocacy (CCPHA).
Staff was directed to outreach to CCPHA regarding their
concerns.
Staff met with Christina Cardenas and Rosa Soto regarding
10/20/11
their concerns about drive0- throughs and fast food
restaurants.
Staff met with Christina Cardenas and Rosa Soto. Staff
also attended a Baldwin Park Resident Advisory Committee
10/25/11
(BPRAC) meeting to explain: (1) the planning process; (2)
how members of the community can influence policies
related to public halt hath to local level; and 93) the steps
taken to date on the comprehensive Zoning code update.
Received an email from Christina Cardenas supporting the
11/10/11
Comprehensive Code Update at the City Council public
hearing on 11/16/11
Continued Public Hearing on the Declaration of
Environmental Impact and the various entitlements AGP -
115, Z -553, AZC -163 and DRG 11 -1 related to the
11/16/11
comprehensive update was conducted. At the request of
City Council
Councilmember Marlen Garcia, the item was continued and
a joint City Council Planning Commission meeting will be
scheduled for the item after the holiday and new year's
season.
SUMMARY
In summary, the Zoning Code, including the Zoning Map, the Design Guidelines,
the Landscape Design Manual and the Subdivision Code provide a legislative
framework to enhance and implement the goals, policies, plans, principles and
standards of the 2020 General Plan. The provisions of the Zoning Code are
interpreted and applied as the minimum requirements and the maximum
potential limits for the protection of the public health, safety, comfort,
convenience and general welfare of the City and its residents.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney's Office as to
legal form and content.
Study Session --- AGP -115, Z -553, and AZC -163
March 28, 2012
Page 4
RECOMMENDATION
Staff recommends that the City Council and Planning Commission:
1) Discuss the proposed changes to the Comprehensive Code
Update, Subdivision Ordinance, and Design Guidelines; and
2) Direct Staff to bring the Comprehensive Code Update in it's
entirety to the City Council at their next meeting.
ATTACHMENTS
1) City Council Staff Report dated November 16, 2011
2) City Council Staff Report dated October 5, 2011
�
BALDWIN
P•A - R,K
kce
FROM:
DATE:
CITY OF BALDWIN PARK
STAFF REPORT
Honorable Mayor and Members of the City Council
Marc Castagnola, AICP, Community Development Manager
Amy L. Harbin, AICP, City Planner
November 16, 2011
SUBJECT: Continued from October 5, 2011.
Comprehensive update to Chapters 152 (Subdivision
Ordinance) and 153 (Zoning Ordinance), establishment of new
City-wide Design Guidelines and Landscape Design Manual
and amendments to the General Plan Land Use Policy Map and
Zoning Map (Location: Citywide; Case Numbers: AGP -115, Z-
553, AZC -163 and DRG 11 -1).
PURPOSE
This report provides an update on staffs activities as directed by the City Council
on October 5, 2011 relating to the comprehensive update to the City's Zoning
Ordinance.
BACKGROUND /DISCUSSION
At the October 5, 2011 City Council meeting, the Council continued the agenda
item related to the adoption of the Zoning Code update due to comments made
by the California Center for Public Health Advocacy (CCPHA) representatives
during the public hearing period about fast food and drive - through regulations
concerns. The City Council then directed staff to meet with members of the
Healthy Eating Active Communities (HEAC) / California Center for Public Health
Advocacy (CCPHA) representatives to discuss their issues.
CCPHA requests were summarized in a letter dated May 4, 2011. The requests
relate to fast food establishments and drive - through and include a prohibition
when in proximity of certain land use, distance requirement restrictions and
design guidelines. An analysis of the requests indicate that some of the items
have already been incorporated into the comprehensive code update while
others are policy decisions that staff will be presenting to the City Council in a
study session. This report provides details on the scope of the concerns.
AGP -115, Z -553, and AZC -163
November 16, 2011
Paqe 2
City Councilmembers also requested evaluation of specific regulations and
preparation of options for consideration at a follow up study session.
Since the October 5, 2011 Council meeting, staff has met twice with
representatives from the California Center for Public Health Advocacy (Christina
Cardenas and Rosa Soto) on October 20, 2011 and October 25, 2011 and
attended a Baldwin Park Resident Advisory Committee (BPRAC) Meeting on
October 25, 2011 to explain: (1) the planning process; (2) how members of the
community can influence polices related to public health at the local level; and
(3) the steps taken to date on the comprehensive zoning code update.
Below is an analysis of all CCPHA requests and a status of their
implementations.
1) Requests that have been incorporated in the Zoning Code update
• Require applicants to file for a Conditional Use Permit (CUP) for fast
food and drive - through establishments;
• Establish new standards for site building design and landscaping that
promote active transportation; and,
• Increase the minimum lots size requirements.
Discussion
CCPHA concerns, as outlined above, have been addressed in the
proposed Code Update. A Circulation Plan is now required as part of the
Conditional Use Permit required for fast food restaurant and drive - through
establishment and new design guidelines will also minimize the impacts.
Specifically, the new Zoning Code update imposes the following new
regulations:
a) A new minimum lot size of 20,000 square feet of land area for any
newly proposed drive - through establishment;
b) A new minimum vehicular queuing distance along not more than two
(2) sides of a building;
c) A Circulation Plan must be submitted to show all adjacent streets and
alleys. The Circulation Plan must address pedestrian access from
parking lots and public right -of -ways to the main door;
d) A reduction in noise generation from speaker systems and other noise
generating equipment;
e) The elimination of drive - through establishments in the City's downtown
area within the RDAO and proposed mixed use zones; and,
f) A new set of Design Guidelines for Commercial Uses are also
proposed which are established to accomplish the following, goals
related to drive - through establishments:
i) Promote design creativity and variation while ensuring consistency
AGP -115, Z -553, and AZC -163
November 16, 2011
Paqe 3
in building scale, proportion and pedestrian orientation;
ii) Encourage environmental sensitivity;
iii) Create attractive and functional site arrangements;
iv) Improve pedestrian circulation and connections; and,
v) Minimize incompatible impacts of noise, light, traffic and visual
character.
2) Requests that are Policy driven and subject to a study session:
• Development of an overlay district to limit fast food establishments;
• Development a "Healthy Food Zone" to restrict fast food restaurants in
proximity of certain zoning districts;
• Prohibition of all fast food restaurants, including drive - throughs from
sensitive uses such as schools, recreation areas, residential uses, and
childcare facilities;
• Establishment of a distance requirement between existing and new
drive - through facilities;
• Establishment of a distance requirement between residential and
public recreation areas; and,
• Limits on the number of drive - through facilities based on designated
quadrants in the City.
Discussion:
As stated above, these issues expressed by CCPHA and which City
Councilmembers request to evaluate, are policy discussion items. As a
result, staff is researching the different issues and how the proposed
development standards in the comprehensively updated Code would be
impacted including:
a) Development of drive - through establishments only along the 1 -10, 1-
605 and Arrow Highway Corridors;
b) Provide distance requirements between new and existing drive -
through facilities, and residential areas, schools, and recreational
facilities; and,
c) Limit development of fast food restaurants, including drive - throughs,
from sensitive locations including schools, recreational facilities and
residential uses.
Study Session:
Staff is proposing the following a study session for the City Council to
further evaluate feasible options which will include a review of the existing
conditions, including those development standards included in the
proposed code update, and preparing visual displays and mapping of the
different scenarios. These options will include:
AGP -115, Z -553, and AZC -163
November 16, 2011
Page 4
a) Possibility of restricting drive - through establishments within a specific
distance of each other along:
a. The freeway corridor; and /or,
b. The Arrow Highway Corridor.
b) Evaluation of a separation distance requirement between certain
sensitive uses such as residential, school, parks, of 500', 1,000' and
1,500'. Each of these options will be mapped for consideration of
potential impacts.
c) Staff will also provide the relationship between existing drive - through
establishments throughout the City and whether a separation distance
may be required. Similar mapping will provide for an evaluation of the
impacts for each radii considered.
SUMMARY
As a result of the meetings with CCPHA representatives, and members of
BPRAC, in which staff explained how certain issues had already been resolved
in the proposed Zoning Code update and how other policy issues will be treated,
CCPHA representatives support staff recommendation to adopt the Zoning Code
update as presented and then follow up on a study session to discuss the
options as presented.
In summary, the Zoning Code, including the Zoning Map, the Design Guidelines,
the Landscape Design Manual and the Subdivision Code provide a legislative
framework to enhance and implement the goals, policies, plans, principles and
standards of the 2020 General Plan. The provisions of the Zoning Code are
interpreted and applied as the minimum requirements and the maximum
potential limits for the protection of the public health, safety, comfort,
convenience and general welfare of the City and its residents.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney's Office as to
legal form and content.
Staff and the Planning Commission recommend the City Council open the public
hearing, receive any public comments and following the public hearing adopt the
following:
1) Resolution 2011 -034, entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING
AGP -115, Z -553, and AZC -163
November 16, 2011
Paae 5
THE NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT FOR THE PROPOSED COMPREHENSIVE
UPDATES TO THE ZONING CODE AND SUBDIVISION
CODE, ESTABLISHMENT OF CITYWIDE DESIGN
GUIDELINES AND AMENDMENTS TO THE GENERAL PLAN
LAND USE POLICY MAP AND ZONING MAP (APPLICANT:
CITY OF BALDWIN PARK) "; and
2) Resolution 2011 -035, entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING AN
AMENDMENT TO THE GENERAL PLAN LAND USE POLICY
MAP (LOCATIONS: VARIOUS; APPLICANT: CITY OF
BALDWIN PARK; CASE NUMBER AGP- 115) "; and
3) Introduce for first reading Ordinance 1346, entitled, "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK ADOPTING RESTATEMENTS AND
AMENDMENTS OF TO CHAPTERS 152 (SUBDIVISION
REGULATIONS) AND 153 (ZONING CODE) OF THE
BALDWIN PARK MUNICIPAL CODE AND THE CITY'S
ZONING MAP (LOCATIONS: CITYWIDE; APPLICANT: CITY
OF BALDWIN PARK; CASE NUMBERS: Z -553 AND AZC-
163)"; and
4) Resolution 2011 -036, entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK
ESTABLISHING CITY -WIDE DESIGN GUIDELINES AND
LANDSCAPE DESIGN MANUAL (LOCATION: CITYWIDE;
APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER:
DRG- 11 -1)."
Attachment:
1. Letter dated May 4, 2011 from Christina Cardenas, Regional Advocate
Coordinator, CA Center for Public Health Advocacy
2. Staff Report dated October 5, 2011
1
CITY OF BALDWIN PARK STAFF REPORT
RATT)WTN
P • A • R • K
TO: Honorable Chair and City Councilmembers
FROM: Marc Castagnola, AICP, Community Development Manager
Amy L. Harbin, AICP, City Planner
DATE: October 5, 2011
SUBJECT: Continued from August 17, 2011. Comprehensive update to
Chapters 152 (Subdivision Ordinance) and 153 (Zoning
Ordinance), establishment of new City-wide Design Guidelines
and Landscape Design Manual and amendments to the
General Plan Land Use Policy Map and Zoning Map (Location:
Citywide; Case Numbers: AGP -115, Z -553, AZC -163 and DRG
11 -1).
PURPOSE
This report recommends City Council approve a comprehensive update to the
City's Zoning Ordinance and Subdivision Ordinance, the establishment of new
City -wide Design Guidelines and Landscape Design Manual and amendments to
the City's General Plan Land Use Policy Map and Zoning map to achieve
consistency pursuant to the General Plan 2020 adopted in 2002.
CEQA and NOTICING
In accordance with the provisions of the California Environment Quality Act
(CEQA), it has been determined the proposed project will not have a
significant impact on the environment. An Initial Study has been prepared and
the public review period as required by CEQA concluded on May 9, 2011. No
comments were received on the Initial Study. As a result of the information
contained in the Initial study, a Draft Negative Declaration of Environmental
Impact has been prepared by the Planning Division for approval by the City
Council.
A Notice of Public Hearing on the proposed zoning and subdivision code
amendments, proposed zoning map changes, proposed General Plan land use
policy map changes and proposed design guidelines and landscape manual was
published in the San Gabriel Valley Tribune on July 22, 2011. Additionally,
public notices were posted at, City Hall, Esther Snyder Community Center and
AGP -115, Z -553, and AZC -163
October 5, 2011
Paae 2
Barnes Park on July 21, 2011. Furthermore, public notices were mailed to all
property owners whose permitted uses were being affected by the pending
action on July 21, 2011.
BACKGROUND
Reasons Why This Update Is Being Undertaken
In 2002, the City adopted a new General Plan (General Plan 2020). The
General Plan 2020 establishes long -term policy direction for land use and
development on all properties in Baldwin Park. The City implements General
Plan land use policies primarily through the Zoning Ordinance (Chapter 153 of
the Baldwin Park Municipal Code). For all zoning districts (zones) in Baldwin
Park, the Zoning Ordinance contains very specific regulations about which uses
are allowed and how properties can be developed within each zone.
California law requires the General Plan and Zoning Ordinance be consistent
with each other. In particular, the General Plan descriptions and mapping of
future land use must match the zones shown on the official Zoning Map and
established in the Zoning Ordinance.
Since adoption of General Plan 2020, the City's Planning Department and
Planning Commission have been working to comprehensively update the Zoning
Ordinance to reflect General Plan policies, to modernize the Zoning Ordinance
so that it addresses conditions relevant to Baldwin Park today and to streamline
the Zoning Ordinance to make it easier for City staff and the public to use. This
effort has also involved draft revisions to the Zoning Map, including zone
changes for particular properties.
Actions Taken To Date
The table below indicates the significant actions taken to date on the City's
General Plan update and map and the zoning code and map, design guidelines
and subdivision code.
TABLE #1
SIGNIFICANT ACTIONS TAKEN
DATE
ACTION
BODY
After a public hearing, Planning Commission approves of
Resolution PC 02 -21 recommending that the City Council:
10/09/02
(1) Adopt the EIR for the General Plan;
Planning
(2) Adopt the Statement of Overriding Considerations; and
Commission
(3) Adopt resolution PC 02 -21 approving the
comprehensive General Plan Update.
11/20/02
1 After a public hearing, the General Plan Update 2020
Ci Council
C:NmyWv11'1WORDU ep as \Council ReportSWGP -115 Z -553
AGP -115, Z -553, and AZC -163
October 5, 2011
Paae 3
DATE
ACTION
BODY
was approved.
(2) Contract approved with Cotton /Bridges /Associates to
prepare a comprehensive Zoning Code and Design
Guidelines Update to be consistent with the newly
updated General Plan.
04127/05
Public workshop /status on the comprehensive Zoning Code
Planning
and Design Guidelines update.
Commission
Original contract (11/20/02) amended to reflect City's
04/02/08
updated needs and assignment of contract to Hogle-
City Council
Ireland, Inc.
02/11/09
Public workshop on the proposed update to the zoning
Planning
code, design guidelines and subdivision code.
Commission
Public workshop for property owners who's zoning
04/29/09
designation will change as a result of the Zoning Code
Planning
update. Approximately 500 property owners affected were
Commission
notified of the workshop.
May /June
Updates to the Planning Commission on the proposed
2009
comprehensive update project.
Staff has informally outreached to several property owners
Since
that may be impacted by the proposed zoning changes. In
June 2009
some instances changes have already been made to the
zoning or changes are slated as part of the overall
comprehensive update.
Study session with the Planning Commission to educate the
4/27/11
new Commissioners on the process to update a zoning
Planning
code and what staff is trying to accomplish by updating the
Commission
zoning code.
Informal Study Session with the Planning Commission and
5/11/11
the public. Questions and concerns were taken,
Planning
researched and incorporated into the public hearing staff
Commission
report for 6/8/11.
Public hearing on the Negative Declaration of
Environmental Impact and the various entitlements AGP-
6/8/11
115, Z -553, AZC -163 and DRG 11 -1 related to the
Planning
comprehensive update was conducted. After the public
Commission
hearing, Planning Commission approved Resolutions 11-
11, 11 -12 , 11 -13 and 11 -14.
ZONING CHANGES
Since the last time the Zoning Code was updated in 1981, staff has
comprehensively reviewed and proposed modifications to the Zoning Code,
which would accomplish several things: (1) standards would be modernized, (2)
regulations would become user - friendly (graphics and tables), (3) inconsistencies
and ambiguities would be eliminated and (4) new sections would be proposed
that are consistent with State law as well as the priorities of the community.
C:1AmYAWW0RD \Reports \Counci1 ReportsWGP -115 Z -553 AZC -163 ZC Update
AGP -115, Z -553, and AZC -163
October 5, 2011
Page 4
Scope of Proposed Zoning Changes
The proposed Zoning Map changes will affect the properties indicated on
Attachment #1 either by: 1) changing the zone of the property to achieve
consistency with the General Plan land use designation (for example, from
General Commercial to Mixed Use), or 2) changing the name of the zone to
account for the elimination of the CBD, CM and OI zones. The elimination of
the two Industrial zones will result in their consolidation with the I -C zone. The
CBD zone has not existed on the City's Zoning Map for the past twenty (20) or so
years.
New Zoning Designations —Mixed Use (MU)
The proposed Zoning Code Update contains a new zone, Mixed -Use, which is
not in the current Zoning Code. Two Mixed -Use zones are proposed. The first is
MU -1 zone which is established to create opportunities for development that
integrate commercial and residential uses within a large district with an emphasis
on retail, service, professional office, entertainment and restaurant business
oriented toward street frontages and serving as the primary use, and medium to
high density residential uses built to compliment such uses. The proposed
location for the MU -1 zone is the City's downtown area.
Second, is the proposed MU -2 zone, which is established to create opportunities
for mixed -use developments that emphasize medium to high density residential
uses with limited commercial, institutional, office and service uses. The
proposed location for the MU -2 zone is along Maine Avenue by the Baldwin Park
Adult School and at other key intersections in the City.
New development standards for Mixed -Use developments have been included
as well as permitted and conditionally permitted uses. Density within the Mixed -
Use zones range between a minimum of fifteen (15) dwelling units per acre to a
maximum of thirty (30) dwelling units per acre. Other development standards
include pedestrian access, parking standards, building orientation, building
transparency, driveways, loading /unloading activities and lighting and noise.
Changes to Achieve Consistency
The General Plan designates certain properties as Mixed -Use to encourage a
lively mix of commercial and residential development in Downtown and on North
Maine Avenue. Because the current Zoning Code does not provide for a Mixed -
Use (MU) zone, the proposed Zoning Code Update introduces the new MU -1
and MU -2 zones, and certain properties are proposed to be rezoned to MU -1
and MU -2 consistent with the adopted General Plan policy. Also, the General
Plan designates select commercial properties on Ramona Boulevard and Pacific
Avenue for future residential; the City proposes to rezone these properties RG to
facilitate this conversion. Other consistency changes are also proposed.
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Properties proposed for rezoning are indicated on the enclosed map shown as
Attachment #1.
Changes Due to Elimination of Zones
To streamline the Zoning Ordinance and better reflect the types of uses planned
for certain commercial and industrial areas of Baldwin Park, the CBD, CM and OI
zones will be eliminated in conjunction with adoption of the new Zoning
Ordinance. All properties currently zoned CBD will instead be zoned MU -2. All
properties zoned CM and OI will be reclassified as the IC zone. Most of the
current land uses within the CM and OI zones as well as new uses will be
allowed in the IC zone.
GENERAL PLAN LAND USE POLICY MAP AMENDMENTS
Since adoption of the new General Plan in 2002, the City has re- evaluated the
planned location of Mixed -Use districts. Also, City staff has identified several
desired amendments to achieve economic development objectives. To address
those issues, the City proposes minor amendments to the General Plan Land
Use Policy Map at the locations indicated on the enclosed map shown as
Attachment #1. General Plan amendments that also require a Zoning Map
amendment are indicated on the enclosed map as well.
NEW STANDARDS FOR SPECIFIC USES
There are a few new uses that have been incorporated into the proposed Zoning
Code in order to comply with State Law, as well as development standards which
reflect the City's objectives to improve the appearance and function of different
areas Baldwin Park. There are also new standards for certain uses that have
been added to the proposed Zoning Code. All are described further below.
Child Day Care Facilities and Large- Family Day Care Homes —
Standards for Specific Land Uses and Activities, Part 6 of
Subchapter 153.120 of the Proposed Zoning Code
Pursuant to Sections 1596 and 1597 of the California Health and Safety Code,
the City has included a new section to the proposed Zoning Code that regulates
large family day care homes. In November of 1998, pursuant to State law, the
City drafted and approved an administrative interpretation to deal with these
types of land uses and the potential impacts they may have on surrounding
residential dwelling units. A discretionary permitting process is not allowed. The
Zoning Administrator reviews the application for an administrative permit in
accordance with the following development standards, including
spacing /concentration, traffic control, parking and noise. Provided that the
applicant can demonstrate meeting the minimum requirements as outlined in
Section 153.120.120 of the Zoning Code, the Administrative Permit is granted.
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Emergency Shelters— Standards for Specific Land Uses and
Activities, Part 16 of Subchapter 153.120 of the Proposed
Zoning Code
Consistent with Sections 65582, 65583(a) and 65589.5 of the California
Government Code, all California cities are required to identify a zoning
designation to permit emergency shelters by right. In this proposed Zoning
Code, the I -C Zone has been designated to allow emergency shelters as a
matter of right. However, specific use regulations and development standards
apply, including maximum number of beds, on -site management, maximum
length of stay, proximity to other shelters, security and common facilities.
Noise — Section 153.140.070 of the Proposed Zoning Code
Although provisions relating to noise are contained in Sections 130.30 through
130.44 of the Baldwin Park Municipal Code, standards for noise have been
incorporated into Subchapter 153.140 of the proposed Zoning Code. The
section sets forth noise standards applicable to all land uses in all zones and
compliments the noise provisions contained in the Municipal Code.
Development Agreement — Administrative Procedures, Part 17
of Subchapter 153.120 of the Proposed Zoning Code
Subchapter 153.120 of the proposed Zoning Code is added in accordance with
State law. It allows an applicant for a development project assurance that upon
approval of the project the applicant may proceed with the project in accordance
with existing policies, rules and regulations and conditions of approval at the time
authority is granted to proceed with a project.
Applications for development agreements shall contain, but not limited to, the
following: duration of the agreement, permitted uses, density and intensity of
uses, height and size of buildings and any dedications. The Planning
Commission shall make a recommendation to the City Council on all
development agreements.
In reviewing a development agreement, the City Council shall make the following
findings:
1) The development agreement is consistent with the General
Plan objectives, policies, land uses and implementation
programs and any other adopted plans or policies applicable to
the agreement; and
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2) The development agreement is compatible with the uses
authorized in, and the regulations prescribed for, the land use
district in which the real property is located; and
3) The development agreement is in conformance with the public
convenience and general welfare of persons residing in the
immediate area and will not be detrimental or injurious to
property or persons in the general neighborhood or to the
general welfare of the residents of the City as a whole; and
4) The development agreement is consistent with the provisions of
California Government Code sections 65864 through 65869.5.
Additionally, a majority vote of the entire City Council is required to approve a
development agreement. Developments agreements shall be recorded with the
Los Angeles County Recorder and shall be reviewed at least once every twelve
(12) months. Procedures to amend or cancel a development agreement are the
same as the original adoption.
Reasonable Accommodation — Administrative Procedures,
Part 20 of Subchapter 153.120 of the Proposed Zoning Code
The Reasonable Accommodation section establishes a formal procedure for
individuals with disabilities seeking equal access to housing to request a
reasonable accommodation to zoning regulations, as provided by Federal and
State law, and establishes criteria to be used when considering these requests.
The primary purpose if this process is to provide flexibility in the application of
land use, zoning, or building regulations, policies, or procedures for individuals
with disabilities or developers of housing for persons with disabilities when it is
necessary to eliminate barriers to equal housing opportunities.
This subchapter includes a provision for it applicability, a list of proceedings as
to how applications may be filed and what shall be included in the applicant's
request, and findings that shall be analyzed before any action is taken. Written
determinations on an applicant's request shall be made within approximately 30
days and may be appealed to the appropriate authority.
Drive -Thru Establishments— Standards for Specific Land Uses
and Activities, Part 7 of Subchapter 153.120 of the Proposed
Zoning Code
The City's current Zoning Code does not provide for any development standards
for drive -thru establishments. However, through the City's Design Review
process, staff has required new drive -thru establishments maintain a minimum
vehicular stacking area. The minimum required vehicular stacking area varies on
the use that the drive - through serves. The current Zoning Code allows for drive-
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thru establishments within the following zoning designations with approval of a
conditional use permit: F -C, Freeway Commercial; C -2, General Commercial;
O -I, Office Industrial; C -M, Commercial Manufacturing; I -C, Industrial
Commercial; and I, Industrial zones.
Sections 153.120.220 through 153.120.240 in the proposed Zoning Code set
forth new development standards and use regulations, including minimum lot
size, queuing distances, two -way drive ways, submittal of a circulation plan,
installation of trash receptacles, screen walls and maximum allowable speaker
system noise. In the proposed Zoning Code, drive - through establishments
would be permitted with the approval of a conditional use permit in the C -2, F -C,
C -1 and I zones. Drive - through establishments are not permitted in the C -1 or M-
U zones, which are typically neighborhood serving or within the City's downtown
area. Furthermore, the Redevelopment Project Area Overlay also prohibits
drive - through establishments.
Comments from the public, at the May 11, 2011 Planning Commission Study
Session, and a letter (Attachment #2) were provided to staff from advocates that
support stricter development standards on and prohibit drive - through facilities in
neighborhood serving zones and the downtown area to enhance the aesthetics
of streetscapes and to promote pedestrian facilities and walkability. Other
requested standards by the advocates include: only allowing drive - through
facilities within zones that have direct access to the freeways, development of a
healthy food zone, prohibition of all fast food restaurants, distance requirements
from residential uses and public recreation areas, new standards for site and
building design and minimum lot size requirements.
As stated in a prior paragraph, staff has addressed some of the advocates
concerns regarding drive - through establishments including, minimum lot size,
new design guidelines, noise and circulation. However, some of their requests
are policy direction requests which have not been addressed since they are not
reflected in the General Plan or provided as direction from the City's
policymakers.
SUBDIVISION CODE UPDATE
Chapter 152 of the Baldwin Park Municipal Code contains the development
standards that are intended to supplement and implement the Subdivision Map
Act, as set forth in California Government Code Sections 66410 et seq. That
chapter regulates the design and improvement of the subdivision of land within
the City.
Current subdivision requirements have the Advisory Agency or Zoning
Administrator (staff level) as the hearing officer(s) on the tentative parcel or tract
map, respectively. As part of the comprehensive Subdivision Code Update,
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public hearings for tentative maps will now be held by the Planning Commission
as the approving authority and the City Council as the appeal authority.
One significant addition to the chapter is new development standards for
commercial condominium subdivisions which are intended to safeguard the
health and safety of the community and purchaser. Development standards for
these types of subdivisions include, architectural and site design, landscaping,
lighting, lot coverage, open space, refuse areas, signage, and covenants,
conditions and restrictions (CC &R's).
Residential condominium subdivisions that are conversions of existing apartment
buildings are also addressed. Those regulations work to provide for the housing
needs for all economic segments of the community while also protecting the
rights of tenants, protecting the health, safety and welfare of the public and
potential purchasers, promoting home ownership and increasing owner- occupied
units that are affordable to all economic segments of the community.
Part of the application review process includes both the City's Building Official
and the responsible Fire Agency (Los Angeles County Fire) inspecting the
premises. It is the responsibility of the Building Official to evaluate the condition
of the structures and determine any needed repairs to bring the project into
compliance with City building code requirements, housing code requirements
and State requirements for residential condominiums applicable at the time of
permit issuance. The responsible Fire Agency shall inspect the premises and all
structures to determine the sufficiency of fire protection systems service all
structures, report any deficiencies and indicate if those deficiencies are required
to be corrected by law.
Since the chapter deals with the conversion of existing apartment buildings,
specific noticing requirements are included to protect the existing tenants and
their rights. Not only does that include ample notice which begins with a
minimum 180 -days written notice to tenants of the property owner's intention to
convert the apartment building to individual units, but also each tenant shall be
provided an exclusive right to contract for the purchase of their respective unit on
the same or more favorable terms to the general public.
As a result of the deficiencies found during the various inspections by the
responsible Fire Agency, City Planner and Building Official, required upgrades
may include such things as: installation of new windows and doors, upgrade of
the existing electrical system throughout the property, replacement of areas
damaged by pests, new landscaping and irrigation systems, additional parking to
meet the current Zoning Code requirements, sound attenuation material and fire
detection and protection systems.
Minimum design standards for new subdivisions are also included in the updated
Subdivision Code so all newly created subdivisions are consistent with the
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objectives for high design quality set forth in the General Plan, provide for
residential neighborhoods and developments that promote healthy living
environments and protect the health, safety and welfare of the community.
Minimum design standards include: access to parcels, minimum development
standards for alleys, cul -de -sacs, turn - arounds, dead end streets, curbs,
sidewalks and parkways. Additionally, there are minimum standards for relating
a new subdivision to the existing street system already in place.
The changes to the chapter have been reviewed and approved by the City's
Engineering Division.
DESIGN GUIDELINES AND LANDSCAPE DESIGN MANUAL
Currently, the City implements design guidelines for a variety of development
throughout the City; however, not all development is subject to design
guidelines. The table below identifies the current design guidelines and the
proposed design guidelines, and the current landscape design manual and the
proposed landscape design manual.
TABLE #2
CURRENT AND PROPOSED DESIGN GUIDELINES
CURRENT
DESIGN
PROPOSED DESIGN GUIDELINES
GUIDELINES
Single- Family Residential
Single - Family Residential — The new
Development
guidelines would replace the existing 3
different types of guidelines for single - family
Single- family Detached
Residential tract Development
types of development and would apply to all
new single - family residential construction
Single- family Detached Planned
including small lot single - family development
Residential Development
and exterior alterations to any existing
dwelling.
Multi - Family Residential — These
guidelines would apply to all attached multi-
family residential development regardless of
Multi - Family Residential
their type of ownership, including
apartments, town homes and
condominiums. Smaller infill projects as
well as large master planned project are
subject to these guidelines.
Design Guidelines for Commercial
Commercial Guidelines — Guidelines for
and Industrial Development within
commercial development are separate from
the Sierra Vista Redevelopment
industrial development. These guidelines
Project Area —these guidelines
would apply to all new commercial
only apply to specific areas and
development including exterior alterations
and additions to existing developments and
are not applicable citywide,
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CURRENT
DESIGN
PROPOSED DESIGN GUIDELINES
GUIDELINES
.
What is the zoning of the property in
The City of Irwindale has indicated
reflect the City's objectives to improve the
that this property is zoned M -1, Light
appearance of all commercial areas in
Manufacturing.
Baldwin Park.
Industrial Guidelines — Guidelines for
industrial development are now separate
If the proposed zone thane is
from commercial development. These
guidelines will apply to all new industrial
development including exterior alterations
and additions to existing developments and
reflect the City's objectives to improve the
appearance of all industrial areas in Baldwin
Park.
Mixed Use Guidelines — These are new
guidelines which will be applied to any
proposed development in the MU -1 or MU -2
Zones.
Landscaping Design
Landscape Design Guidelines — These
Guidelines, adopted in 1993 to
guidelines have been updated to reflect
be in compliance with State law.
recent changes to State law (AB 1881)
which the City is required to comply with.
ISSUES FROM THE MAY 11, 2011 PLANNING COMMISSION MEETING
At the Planning Commission study session on May 11, 2011, time was provided
to the Commissioners and audience to ask specific questions about their
property or the proposed development standards contained in the Zoning Code
Update. For those questions that could not be easily answered, Staff indicated
the answers to those questions would be brought forward in the staff report at
the time of the public hearing. The table on the next page shows a summary of
the questions and staffs response in accordance with the proposed Zoning
Code update.
TABLE #3
RESPONSES TO QUESTIONS ABOUT THE PROPOSED
ZONING CODE UPDATE
QUESTION
/CONCERN
RESPONSE
.
What is the zoning of the property in
The City of Irwindale has indicated
Irwindale that is located across
that this property is zoned M -1, Light
Alderson Avenue in Sub Area #2 of the
Manufacturing.
Sierra Vista Redevelopment Project
Area
4125 Alderson Avenue —If the current
If the proposed zone thane is
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QUESTION
/CONCERN
RESPONSE
business leaves the property, would the
approved the existing use would
property owner be able to lease the
become non - conforming. Yes, it
property to another similar business?
would be able to lease the property to
another similar business provided that
there is not a lapse of more than 180
days with the new owner obtaining a
business license, otherwise the use
would be deemed abandoned and the
new Zoning Code applies (Section
153.599 of the current Zoning Code).
Section 153.600 of the current Zoning
Code states that a non - conforming
use shall be abated in twenty (20)
ears.
A warehouse use within the new / -C
Would property owners along Arrow
Zone would not be permitted.
Highway be able to construct a
Warehouse uses would be allowed in
warehouse in the new I -C Zone?
the I Zone with a conditional use
permit.
Currently, Allan Company's facility is
within the / (Industrial) Zone and their
use is allowed with approval of a
conditional use permit. Based on the
proposed Zoning Code update, this
zone would be changed to /-C Zone.
What would be the status of Allan
Within the proposed /-C Zone, Allan
Company and what would happen if the
Company's use as a recycling facility
zone changed?
would still be permitted with a
conditional use permit and no other
recycling facility would be permitted
within a radius of 3000' feet. Allan
Company has submitted an email
addressing the proposed zone change
Attachment 3).
Cities along the Arrow Highway
corridor had discussed a joint powers
authority regarding implementing
Redevelopment along the Arrow
redevelopment along the corridor.
Highway Corridor.
However, since the status of
redevelopment is unknown at the state
level, the item has been tabled
indefinitely.
If a property is /becomes non-
The City is not updating the existing
conforming, what ordinary repair and
section of the Zoning Code dealing
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QUESTIONZCONCERN'
RESPONSE
maintenance arelwould be permitted?
with nonconforming buildings,
structures and uses. Section 153.608
of the current Zoning Code states:
"The ordinary repair and maintenance
of a nonconforming building or
structure shall be permitted if the cost
thereof does not exceed, in any
consecutive 12 -month period, an
amount equal to one -half or more of
the then established assessed value
of the building or structure." This
same standard applies in the
ro osed Zoning Code update.
Drive -thru establishments
See page #7 of this report.
PLANNING COMMISSION PUBLIC HEARING JUNE 8, 2011
There were several individuals that spoke at the Planning Commission meeting
held on June 8, 2011 about the proposed Zoning Code changes. Most inquiries
were for changes to specific properties, which staff was able to answer. In
addition, representatives from the California Center for Public Health Advocacy
(CCPHA) and the Baldwin Park Resident Advisory Committee (BPRAC) spoke in
favor of additional design standards for drive - through establishments.
There were also several individuals who spoke about the proposed changes
from light industrial to multi - family residential to Alderson Street north of Ramona
Boulevard west of the railroad tracks.
After hearing all of the public comments and careful deliberation, the Planning
Commission discussed changing the area along Alderson Avenue to I -C,
Industrial - Commercial. Staff indicated that this zoning designation would be
similar to the current zoning designations of C -M, Commercial Manufacturing
and I, Industrial. The Chair indicated that the I -C zoning designation for the
entire area would be consistent with the uses currently there now and allow for
less intensive uses adjacent to the residential uses.
After the conclusion of the Commission's discussion the Commission voted 4 -0
to adopt staffs recommendation on all of the entitlements with the amendment to
keep the area between 4117 through 4227 Alderson Avenue zoned as IC,
Industrial Commercial. As such, staff has modified the proposed Zoning Map to
reflect the Planning Commission's request.
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SUMMARY
In summary, the Zoning Code, including the Zoning Map, the Design Guidelines,
the Landscape Design Manual and the Subdivision Code provide a legislative
framework to enhance and implement the goals, policies, plans, principles and
standards of the 2020 General Plan. The provisions of the Zoning Code are
interpreted and applied as the minimum requirements and the maximum
potential limits for the protection of the public health, safety, comfort,
convenience and general welfare of the City and its residents.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney's Office as to
legal form and content.
Staff and the Planning Commission recommend the City Council open the public
hearing, receive any public comments and following the public hearing adopt the
following:
1) Resolution 2011 -034, entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING
THE NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT FOR THE PROPOSED COMPREHENSIVE
UPDATES TO THE ZONING CODE AND SUBDIVISION
CODE, ESTABLISHMENT OF CITYWIDE DESIGN
GUIDELINES AND AMENDMENTS TO THE GENERAL PLAN
LAND USE POLICY MAP AND ZONING MAP (APPLICANT:
CITY OF BALDWIN PARK) "; and
2) Resolution 2011 -035, entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING AN
AMENDMENT TO THE GENERAL PLAN LAND USE POLICY
MAP (LOCATIONS: VARIOUS; APPLICANT: CITY OF
BALDWIN PARK; CASE NUMBER AGP- 115) "; and
3) Introduce for first reading Ordinance 1346, entitled, "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK ADOPTING RESTATEMENTS AND
AMENDMENTS OF TO CHAPTERS 152 (SUBDIVISION
REGULATIONS) AND 153 (ZONING CODE) OF THE
BALDWIN PARK MUNICIPAL CODE AND THE CITY'S
ZONING MAP (LOCATIONS: CITYWIDE; APPLICANT: CITY
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Paqe 15
OF BALDWIN PARK; CASE NUMBERS: Z -553 AND AZC-
163)"; and
4) Resolution 2011 -036, entitled, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK
ESTABLISHING CITY -WIDE DESIGN GUIDELINES AND
LANDSCAPE DESIGN MANUAL (LOCATION: CITYWIDE;
APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER:
DRG- 11 -1)."
ATTACHMENTS
#1, Map Identifying Properties with proposed Zone Changes and /or General
Plan Amendments
#2, Letter from Christina Cardenas, Regional Advocate Coordinator; CA Center
for Public health Advocacy
#3, E -mail from Kara Bouton, representing Allan Company, dated May 11, 2011
#4, Minutes, June 8, 2011 Planning Commission Meeting
#5, CD Rom with —All Zoning Code Sections, Subdivision Code, Citywide
Design Guidelines and Zoning Map
#6, Environmental Information — Initial. Study & Negative Declaration of
Environmental Impact
#7, Resolution 2011 -034, Negative Declaration of Environmental Impact
#8, Resolution 2011 -035, Amendments to the General Plan Land Use Policy
Map (AGP -115)
#9, Ordinance 1346, Restated and Amended Chapters 152 and 153, and the
Zoning Map (Z -553 and AZC -163)
#10, Resolution 2011 -036, City -wide Design Guidelines and Landscape Design
Manual (DRG 11 -1)
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1
11
BALDWIN
P•A•R,K
CITY OF BALDWIN PARK STAFF REPORT
TO: Honorable Mayor and Members of the City Council
Honorable Chair and Planning Commissioners
i
FROM: Marc Castagnola, AICP, Commum velopment Manager
Amy L. Harbin, AICP, City Plann r
DATE: March 28, 2012
SUBJECT: STUDY SESSION: Modifications to Ordinance 1290 and 1337.
PURPOSE
This report provides a brief summary of Ordinances 1290 and 1337.
BACKGROUND /DISCUSSION
At the February 1, 2012 City Council Meeting, Mayor Lozano requested that Staff have
a study session regarding modifying Ordinance 1290 to allow the establishment of
office uses within the CBD area of the City's downtown.
In August 2006, the City Council adopted Ordinance 1290, creating the RDAO to
facilitate the consideration of projects and activities consistent with the implementation
of a downtown revitalization vision and the General Plan. The RDAO applies to all
parcels within the Central Business District Redevelopment Plan and Sub -Areas 2 and
3 of the Sierra Vista Redevelopment Project area with the exception of the properties
along Maine Avenue between Clark Street and Los Angeles Street (4300 -4399 Maine
Avenue). Furthermore, it established a series of permitted uses and prohibited uses.
As a result of the current challenging economic environment and current
redevelopment activity, City Council directed staff to evaluate different options for the
RDAO to address current concerns while re- affirming the vision for downtown. As
such, Ordinance 1290 was amended by Ordinance 1337 in December 2010.
In summary, Ordinance 1337 amended 1290 and allows for light industrial uses such
as assembly establishments, fabrication plants, machine shops, manufacturing
establishments, upholstery establishments, warehousing and storage establishments
and office uses in several areas of the RDAO area. (Reference Attachment #3.)
Currently, office uses are only permitted on all floors within Sub -Areas 2 and 3 of the
RDAO. Within the CBD Area, which is Baldwin Park's core downtown, office uses are
only permitted on the second floor or above.
Study Session - -RDA0
March 28, 2012
Paqe 2
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney's Office as to
legal form and content.
RECOMMENDATION
Staff recommends that City Council and Planning Commission:
1) Discuss amending Ordinance 1337 to allow office uses within the
CBD Area of the City's Downtown; and
2) Direct staff to modify Ordinance 1337 as part of the Comprehensive
Zoning Code Update.
ATTACHMENTS
1. RDAO Map
2. Ordinance 1290
3. Ordinance 1337
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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 Siena 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.
D. ..
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 Sho
P
P
P
P
153.316.5
A liance Store
P
P
P1
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)
Bakery
P
P
P
P
153.316.5
Bank
CUP
CUP
CUP
153:316.5
Barbersho /Beaut Parlor
P
P
P
153.35
Beauty Salon /Spa (Full
-
CUP
- CUP
CUP
153.'4)..5' "
Service
Bookstore /Stationary
P
P
P
P
Store
153.316.5
Bowlin Alle
CUP
CUP
CUP
153.316.5
Dry Cleaners (drop -off
CUP
CUP
CUP
CUP
153.316.5
onl
Florist
P
P
P
P
153.316.5
Furniture Store
P
P
P
153.316.5
Gift Sho
Hobb Sho
P
P
P
P
153.316.5
Jewel Store
P
P
P
P
P
153.316.5
Laundromat
CUP
CUP
P
CUP
P
CUP
153.316.5
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 R153.078. 3 Zones, reference Sections 153.030 through 153.039 and 153.070
through
Ordinance 1200
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
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.
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 2 "d day of August 2006.
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 1290 was introduced at a regular
nieeting 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:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS
tlA
ROSEMARY M. UTIERREEZ�
CHIEF DEPUTY CITY CLERK
Anthony J. Bejarano, Ricardo Pacheco,
Mayor Pro Tern David J. Olivas and
Mayor Manuel Lozano
NONE
Marlen Garcia
NONE
ORDINANCE NO. 1337
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK AMENDING SECTION 153.316 OF
AND ADDING SECTIONS 153.317 AND 153.317.5 TO THE
BALDWIN PARK MUNICIPAL CODE RELATING TO THE
REDEVELOPMENT OVERLAY
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS
FOLLOWS:
Section 1. The table in subsection (A) of section 153.316 of the Baldwin
Park Municipal Code is hereby amended to add the following land uses in the
appropriate alphabetical order:
r For the purposes of this table, "Assembly" shall mean the putting together of previously prepared materials to form
a final and completed product while mitigating all impacts such as noise, odors, chemicals, pollution discharge and
waste disposals as established by CEQA criteria. Those principal uses are assembly, compounding or treating of
articles or merchandise from the following previously prepared materials: bone, canvas, cellophane, cloth, cork,
feathers, felt, glass, paper, plastic and synthetics (from previously molded materials), rope, rubber (from previously
molded materials), shell, textiles, tivire, wood, or yam or some similar use as reasonably determined by the City's
Community Development Manager.
PERMIT REQUIRED BY ZONE
LAND USE
C -1
C -2
C -M
1
See Section
Assembly' Establishment,
located:
(a) within the CBD or Sub-
- --
- --
P
P
153.316.5
Area 2 and fronting Alderson
Avenue, or
(b) within Sub -Area 3
Fabrication Plant, located:
(a) within the CBD or Sub -
Area 2 and fronting on
- --
- --
P
P
153.316.5
Alderson Avenue, or
(b) within Sub -Area 3
Machine Shop, located:
(a) within the CBD and Sub -
Area 2 and fronting Alderson
- --
- --
P
P
153.316.5
Avenue, or
(b) within Sub -Area 3
Manufacturing
Establishment, located:
P
P
(a) within the CBD and Sub-
See
See
153.316.5
Area 2 and fronting Alderson
Section
Section
Avenue, or
153.196
153.226
(b) within Sub -Area 3
r For the purposes of this table, "Assembly" shall mean the putting together of previously prepared materials to form
a final and completed product while mitigating all impacts such as noise, odors, chemicals, pollution discharge and
waste disposals as established by CEQA criteria. Those principal uses are assembly, compounding or treating of
articles or merchandise from the following previously prepared materials: bone, canvas, cellophane, cloth, cork,
feathers, felt, glass, paper, plastic and synthetics (from previously molded materials), rope, rubber (from previously
molded materials), shell, textiles, tivire, wood, or yam or some similar use as reasonably determined by the City's
Community Development Manager.
Ordinance No. 1337
Page 2
PERMIT REQUIRED BY ZONE
LAND USE
C -1
C -2
C -M
I
See Section
Office (Professional, Medical
and Dental):
Only second floor or
above within the CBD
and Sub -Area 2, except
for those areas fronting
Alderson Avenue
P
P
P
P
153.316.5
On all floors, including
ground floor, in Sub -Area
3 and all areas fronting
Alderson Avenue within
the CBD and Sub -Area 2
Upholstery Establishment,
located:
P
P
(a) within the CBD and Sub-
See
See
153.316.5
Area 2 and fronting Alderson
Section
Section
Avenue, or
153.196
153.226
(b) within Sub -Area 3
Warehousing /Storage
Establishment, located:
(a) within the CBD and Sub-
___
_ --
p
P
153.316.5
Area 2 and fronting Alderson
Avenue, or
(b) within Sub -Area 3
Ordinance No. 1337
Page 3
Section 2. Subparagraphs (8), (9), (10), (11), (15) and (16) of
subsection (B) of section 153.316 of the Baldwin Park Municipal Code are hereby
amended to read as follows:
(B) The uses prohibited in the RDAO shall be:
(8) Fabrication Plant, except as otherwise provided in subsection (A);
(9) Grocery Store over 46,400 square feet;
(10) Machine Shop, except as otherwise provided in subsection (A);
(11) Manufacturing and /or Assembly Establishments, except as otherwise
provided in subsection (A);
(15) Upholstery Establishment, except as otherwise provided in subsection (A);
(16) Warehousing /Storage Establishment, except as otherwise provided in
subsection (A);
Section 3. Section 153.317 is hereby added to the Baldwin Park
Municipal Code to read as follows:
§ 153.317 EXISTING ILLEGAL NONCONFORMING USES
(A) Each illegal nonconforming use existing within the RDAO on or before
September 29, 2010, shall be permitted to remain in place only if a complete application
for all required licenses and permits are filed with the Planning Department within one
hundred and eighty (180) days after January 14, 2011, and that all required licenses
and permits are granted after all applicable public hearings and appeals as required or
necessary.
(B) Each office building legally constructed prior to September 29, 2010, for the
exclusive use of office shall be permitted to remain in place and to be occupied by office
uses.
(C) For good and sufficient reasons provided by an applicant, the Community
Development Director, or his or her designee, is authorized to extend the application
deadline described in subsection (A), above.
Section 4. Section 153.317.5 is hereby added to the Baldwin Park
Municipal Code to read as follows:
Ordinance No. 1337
Page 4
§ 153.317.5 EXPANSION OF USES
Each legal conforming or nonconforming use existing within the RDAO on or before
September 29, 2010, and each illegal nonconforming use that is in compliance with
Section 153.317 may be expanded by up to twenty percent (20 %) of the existing gross
floor area or existing land area or both, subject to all applicable land use approval
provisions of this code.
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 15th day oyD�cember 2010.
Ordinance No. 1337
Page 5
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK
1, LAURA M. NIETO, Deputy City Clerk, of the City of Baldwin Park, do hereby
certify that the foregoing Ordinance 1337 was introduced at a regular meeting of the
City Council held on December 1, 2010 and was adopted by the City Council at its
regular meeting held on December 15, 2010 by the following vote of the Council:
AYES: COUNCIL MEMBERS: Monica Garcia, Ricardo Pacheco,
Susan Rubio, Mayor Pro Tem Marlen
Garcia and Mayor Manuel Lozano
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
AURA M. NIETO, CMC
EPUTY CITY CLERK