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HomeMy WebLinkAboutORD 1346 ORDINANCE 1346 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) WHEREAS, the City is proposing a comprehensive update to the Zoning Ordinance, Case No. AZC-163, to achieve consistency with the General Plan 2020 and state law, by restating and amending Chapter 153 of the City's Municipal Code, in its entirety, as set forth in Exhibit A of this Resolution; WHEREAS, the City is proposing a comprehensive update to the Zoning Map designations, Case No. Z-553, to achieve consistency with the General Plan 2020, by restating and amending the current zoning map, in its entirety, as set forth in Exhibit B of this Resolution; WHEREAS, the City is proposing a comprehensive update to the City's Subdivision Regulations, by restating and amending Chapter 152 of the City's Municipal Code, in its entirety, as set forth in Exhibit C of this Resolution; WHEREAS, study sessions and/or workshops on the proposed comprehensive updates to Chapters 152 and 153 of the City's Municipal Code and the Zoning Map for both the public and Planning Commission were held on April 27, 2009, February 11, 2009, April 29, 2009, April 27, 2011, and May 11, 2011; WHEREAS, a duly noticed public hearing was held by the Planning Commission of the City of Baldwin Park on June 8, 2011, to receive comments and consider an amendment to Chapters 152 and 153 of the City's Municipal Code and to the Zoning Map; WHEREAS, based on oral testimony and documentary evidence during the duly noticed public hearing on June 8, 2011, the Planning Commission adopted Resolution No. 11-11 recommending City Council approval of Negative Declaration for the proposed comprehensive update to Chapters 152 and 153 of the City's Municipal Code, a new citywide design guidelines and amendments to the General Plan Land Use Policy Map and Zoning Map; Ordinance 1346 April 11, 2012 Page 2 WHEREAS, the City Council conducted a duly noticed public hearing on August 3, 2011, to receive comments and consider an amendment to Chapters 152 and 153 of the City's Municipal Code and to the Zoning Map; WHEREAS, the City Council voted to leave the public hearing open and continued the item to August 17, 2011; WHEREAS, at the City Council meeting on August 17, 2001, staff conducted a presentation on the amendment to Chapters 152 and 153 of the City's Municipal Code and Zoning Map; WHEREAS, the City Council voted to leave the public hearing open and continued the item to October 5, 2011; WHEREAS, on October 5, 2011, the City Council voted to leave the public hearing open and continued the item to November 16, 2011; WHEREAS, the City Council conducted a duly noticed public hearing on November 16, 2011, to receive comments and consider an amendment to Chapters 152 and 153 of the City's Municipal Code and to the Zoning Map; WHEREAS, on November 16, 2011, the City Council voted to close the public hearing, approve the Negative Declaration and continue the item to a date unspecified; and WHEREAS, the City Council conducted a duly noticed public hearing on April 11, 2012, to receive comments and consider an amendment to Chapters 152 and 153 of the City's Municipal Code and to the Zoning Map. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The recitals above are true and correct and are incorporated herein by this reference. SECTION 2. The City Council hereby finds and determines the amendments to the Chapter 153 and to the Zoning Map are consistent with the General Plan's objectives, policies and programs. I SECTION 3. The City Council hereby finds and determines the amendments to Chapters 152 and 153 and to the Zoning Map are required by public interest, convenience and necessity. CnAmy AMY\\NORD\ResoN6onsOrdinances\Council Ordinances\AZC-163 and Z-553#7.doc Ordinance 1346 April 11, 2012 Page 3 SECTION 4. The City Council, based upon its public review, approves and adopts the comprehensive update to the Zoning Ordinance by restating and amending Chapter 153 of the City's Municipal Code, in its entirety, as set forth in Exhibit A. SECTION 5. The City Council, based upon its public review, approve and adopt the comprehensive update to the Zoning Map designations by restating and amending the current zoning map, in its entirety, as set forth in Exhibit B. SECTION 6. The City Council, based upon its public review, approves and adopts the comprehensive update to the City's Subdivision Regulations by restating and amending Chapter 152 of the Municipal Code, in its entirety, as set forth in Exhibit C. SECTION 7. 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, and shall forward a copy of the same to the Secretary of the Planning Commission: PASSED AND APPROVED this 2nd day of 4.y, 2012. MANUEL 0 • oi0, AYOR C:\AmyWMV\WORD\ResolutionsOrdinances\Counal OrdinancestkZC-163 and Z-553#7.tloc Ordinance 1346 April 11, 2012 Page 4 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I, Alejandra Avila City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance 1346 was introduced at a special meeting of the City Council held on April 11, 2012, and was adopted by the City Council at its regular meeting held on May 2, 2012, by the following vote of the Council: AYES: COUNCILMEMBERS: Marian Garcia, Monica Garcia, Ricardo Pacheco .Mayor Pro Tem Susan Rubio, Mayor Manuel Lozano NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: - NONE ABSTAIN: COUNCILMEMBERS NONE 0/14-' GL AL JAND A AVILA, CITY CLERK C:VVny'AMY\WORD\ResolulionsOrdinances\Council Ordinances\AZC-163 and Z-553#7.doc ORDINANCE 1346 EXHIBIT A ADOPTED MAY 2012 ti CHAPTER §153 ZONING CODE CITY OF BALDWIN PARK Chapter §153 - TABLE OF CONTENTS PAGE §153.010 General Provisions §153.010.010 Title 153.010-1 §153.010.020 Purpose 153.010-1 §153.010.030 Terminology 153.010-1 §153.010.040 Relationship to General Plan 153.010-2 §153.010.050 Relationship to Other Regulations and Plans 153.010-2 §153.010.060 Relationship to California Environmental Quality Act 153.010-2 §153.010.070 Minimum Requirements 153.010-3 §153.010.080 Severability of Any Portion 153.010-3 §153.020 Administration and Enforcement §153.020.010 Composition of Baldwin Park Planning Division 153.020-1 §153.020.020 Responsibilities of the City Council 153.020-2 §153.020.030 Responsibilities of the Planning Commission 153.020-2 §153.020.040 Responsibilities of the Design Review Committee 153.020-3 §153.020.050 Responsibilities of the Zoning Administrator 153.020-4 §153.020.060 Responsibilities of the Director of Public Works 153.020-4 §153.020.070 Responsibilities of the City Planner 153.020-4 §153.020.080 Interpretation of the Zoning Code 153.020-4 §153.020.090 Enforcement and Penalty for Violation 153.020-5 §153.030 Establishment of Zones §153.030.010 Zones Established 153.030-1 §153.030.020 Official Zoning Map 153.030-1 §153.030.030 Determination of Boundaries 153.030-2 §153.040 Residential Zones PART 1 Permitted Uses and Development Standards 153.040-1 §153.040.010 Intent and Purpose 153.040-1 §153.040.020 Use Regulations 153.040-2 §153.040.030 Development Standards 153.040-4 §153.040.040 Required Open Space 153.040-6 §153.040.050 Flag Lots 153.040-7 153 Adopted May 2,2012 153-1 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Table of Contents 153 PAGE §153.040.060 Manufactured Housing 153.040-8 §153.040.070 Accessory Structures 153.040-8 §153.040.080 Vehicle Storage and Repair 153.040-10 §153.040.090 Other Applicable Regulations 153.040-11 PART 2 Small-Lot Single-Family Developments 153.040-12 §153.040.100 Intent and Purpose 153.040-12 §153.040.110 Development Standards 153.040-12 PART 3 Housing Incentives 153.040-13 §153.040.120 Intent and Purpose 153.040-13 §153.040.130 Density Bonus Incentive 153.040-13 §153.040.140 General Requirements 153.040-14 §153.040.150 Development Standards 153.040-14 §153.040.160 Resale and Rental Controls 153.040-14 PART 4 Mobile Home Parks 153.040-15 §153.040.170 Intent and Purpose 153.040-15 §153.040.180 Use Regulations 153.040-15 §153.040.190 Development Standards 153.040-15 §153.050 Commercial and Industrial Zones §153.050.010 Intent and Purpose 153.050-1 §153.050.020 Use Regulations 153.050-2 §153.050.030 Development Standards 153.050-7 §153.050.040 Accessory Uses 153.050-10 §153.050.050 Outdoor Storage and Uses 153.050-11 §153.050.060 Other Applicable Regulations 153.050-12 §153.060 Open Space Zone §153.060.010 Intent and Purpose 153.060-1 §153.060.020 Use Regulations 153.060-1 §153.060.030 Other Applicable Regulations 153.060-1 §153.070 Mixed-Use Zones §153.070.010 Intent and Purpose 153.070-1 §153.070.020 Use Regulations 153.070-2 §153.070.030 Development Standards 153.070-5 §153.070.040 Additional Development Standards for Mixed-Use Developments 153.070-8 153 Adopted May 2,2012 153-2 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Table of Contents 153 PAGE §153.070.050 Required Residential Open Space 153.070-10 §153.070.060 Outdoor Storage and Uses 153.070-10 §153.070.070 Other Applicable Regulations 153.070-11 §153.080 Historic Overlay Zone §153.080.010 Intent and Purpose 153.080-1 §153.080.020 Applicability 153.080-1 §153.080.030 Property Maintenance 153.080-2 §153.080.040 Local Official Register 153.080-2 §153.080.050 Agreements by the City of Baldwin Park 153.080-2 §153.090 Sierra Vista Overlay Zone §153.090.010 Intent and Purpose 153.090-1 §153.090.020 Applicability 153.090-1 §153.090.030 Application for Approval of Development Plans 153.090-1 §153.090.040 Development Standards 153.090-2 §153.100 Planned Development Overlay Zone §153.100.010 Intent and Purpose 153.100-1 §153.100.020 Establishment of a Planned Development 153.100-1 §153.100.030 Use Regulations 153.100-2 §153.100.040 Development Standards 153.100-2 §153.100.050 Other Applicable Regulations 153.100-3 §153.110 Specific Plan Zones §153.110.010 Intent and Purpose 153.110-1 §153.110.020 Application 153.110-1 §153.110.030 Minimum Development Site Standard 153.110-1 §153.110.040 Specific Plan Requirements 153.110-2 §153.110.050 Other Applicable Regulations 153.110-3 §153.115 Downtown Overlay §153.115.010 Intent and Purpose 153.115-1 §153.115.020 Application 153.115-1 §153.115.030 Use Regulations 153.115-1 §153.115.040 Development Standards 153.115-9 §153.115.050 Other Applicable Regulations 153.115-9 153 Adopted May 2,2012 153-3 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Table of Contents 153 PAGE §153.120 Standards for Specific Land Uses and Activities PART 1 Adult Oriented Businesses 153.120-3 §153.120.010 Intent and Purpose 153.120-3 §153.120.020 Permit Requirements 153.120-3 §153.120.030 Location Requirements 153.120-3 PART 2 Alcohol Sales 153.120-4 §153.120.040 Intent and Purpose 153.120-4 §153.120.050 Permit Requirements 153.120-4 §153.120.060 Use Regulations 153.120-5 §153.120.070 Development Standards 153.120-5 §153.120.080 Security Regulations 153.120-6 §153.120.090 Abandonment of Permit 153.120-6 PART 3 Game Arcades and Internet Cafes 153.120-6 §153.120.100 Intent and Purpose 153.120-6 §153.120.110 Use Regulations 153.120-6 §153.120.120 Development Standards 153.120-6 PART 4 Animal Keeping 153.120-7 §153.120.130 Intent and Purpose 153.120-7 §153.120.140 Permitted Animals 153.120-7 PART 5 Billiard and Pool Halls 153.120-8 §153.120.150 Intent and Purpose 153.120-8 §153.120.160 Use Regulations 153.120-8 §153.120.170 Development Standards 153.120-9 §153.120.180 Security Regulations 153.120-10 PART 6 Child Day Care Facilities and Large-Family Day Care Homes 153.120-10 §153.120.190 Intent and Purpose 153.120-10 §153.120.200 Use Regulations 153.120-10 §153.120.210 Development Standards 153.120-10 PART 7 Drive-through Establishments 153.120-11 §153.120.220 Intent and Purpose 153.120-11 §153.120.230 Use Regulations 153.120-11 §153.120.240 Development Standards 153.120-11 153 Adopted May 2,2012 153-4 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Table of Contents 153 PAGE PART 8 Home Occupations 153.120-13 §153.120.250 Intent and Purpose 153.120-13 §153.120.260 Permit Requirements 153.120-13 §153.120.270 Use Regulations 153.120-14 PART 9 Hotels and Motels 153.120-14 §153.120.280 Intent and Purpose 153.120-14 §153.120.290 Permit Requirements 153.120-14 §153.120.300 Length of Occupancy Restriction 153.120-14 §153.120.310 Development Standards 153.120-14 PART 10 Medical Marijuana Dispensaries 153.120-15 §153.120.320 Intent and Purpose 153.120-15 §153.120.330 Use Prohibited 153.120-15 §153.120.340 Reserved 153.120-15 PART 11 Second Dwelling Units 153.120-15 §153.120.350 Intent and Purpose 153.120-15 §153.120.360 Use Regulations and Development Standards 153.120-15 §153.120.370 Second Units in R1-7,500 153.120-17 PART 12 Service Stations 153.120-17 §153.120.380 Intent and Purpose 153.120-17 §153.120.390 Development Standards 153.120-17 §153.120.400 Driveway Regulations 153.120-18 §153.120.410 Landscape Regulations 153.120-18 §153.120.420 Site Development Regulations 153.120-19 PART 13 Solar Panels 153.120-19 §153.120.430 Intent and Purpose 153.120-19 §153.120:440 Development Regulations 153.120-19 PART 14 Vehicle Storage 153.120-21 §153.120.450 Intent and Purpose 153.120-21 §153.120.460 Parking Regulations 153.120-21 PART 15 Public Telephones 153.120-21 §153.120.470 Intent and Purpose 153.120-21 §153.120.480 Use Regulations and Development Standards 153.120-21 §153.120.490 Abatement 153.120-23 153 Adopted May 2,2012 153-5 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Table of Contents 153 PAGE PART 16 Emergency Shelters 153.120-23 §153.120.500 Intent and Purpose 153.120-23 §153.120.510 Use Regulations 153.120-23 §153.120.520 Development Standards 153.120-24 PART 17 Massage Establishment and Services 153.120-24 §153.120.530 Intent and Purpose 153.120-24 §153.021.540 Use Regulations 153.120-25 §153.120.550 Development Standards 153.120-25 §153.130 Site Planning and General Development Standards §153.130.010 Intent and Purpose 153.130-1 §153.130.020 Applicability 153.130-1 §153.130.030 Permitted Projections into Required Yard Areas 153.130-1 §153.130.040 Building Height 153.130-3 §153.130.050 Architectural Standards 153.130-3 §153.130.060 Fences and Walls 153.130-4 §153.130.070 Refuse Collection Facilities 153.130-5 §153.130.080 Property Maintenance 153.130-7 §153.130.090 Clear Cross-Visibility Requirement 153.130-9 §153.130.100 Street Dedications 153.130-10 §153.130.110 Colors 153.130-10 §153.130.120 Temporary Canopies 153.130-11 §153.140 Performance Standards §153.140.010 Intent and Purpose 153.140-1 §153.140.020 Applicability 153.140-1 §153.140.030 Hazardous Materials and Wastes 153.140-1 §153.140.040 Light and Glare 153.140-2 §153.140.050 Utilities 153.140-3 §153.140.060 Electrical Disturbance 153.140-3 §153.140.070 Noise 153.140-4 §153.140.080 Odor 153.140-5 §153.140.090 Vibration 153.140-5 §153.150 Off-Street Parking and Loading §153.150.010 Intent and Purpose 153.150-1 §153.150.020 Applicability 153.150-1 §153.150.030 Parking Plan Review Requirements 153.150-1 153 Adopted May 2,2012 153-6 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Table of Contents 153 PAGE §153.150.040 Number of Parking Spaces Required 153.150-2 §153.150.050 Parking Development Dimensions and Locations 153.150-5 §153.150.060 Off-Site Parking in a Residential Zone Associated with a Commercial or Industrial Use 153.150-6 §153.150.070 Parking Development and Maintenance Standards 153.150-7 §153.150.080 Parking Lot and Space Location Standards 153.150-8 §153.150.090 Use Restrictions 153.150-8 §153.150.100 Parking Lot and Structure Design Standards 153.150-9 §153.150.110 Parking Lot Landscaping Standards 153.150-9 §153.150.120 Shared Parking 153.150-10 §153.150.130 Driveway Standards 153.150-10 §153.150.140 Off-Street Loading Standards 153.150-11 §153.150.150 Bicycle Parking Standards 153.150-12 §153.150.160 Parking In-Lieu Program 153.150-13 §153.160 Water-Efficient Landscaping Standards §153.160.010 Intent and Purpose 153.160-1 §153.160.020 Applicability 153.160-2 §153.160.030 General Landscaping Standards 153.160-3 §153.160.040 Residential Landscaping Standards 153.160-5 §153.160.050 Nonresidential Landscaping Standards 153.160-5 §153.160.060 Landscape Approval Procedure 153.160-6 §153.160.070 Preliminary Landscape Design Plan 153.160-7 §153.160.080 Elements of the Landscape Documentation Package 153.160-7 §153.160.090 Landscape Design Plan 153.160-8 §153.160.100 Irrigation Design Plan 153.160-12 §153.160.110 Water Efficient Landscape Worksheet 153.160-16 §153.160.120 Soil Management Report 153.160-18 §153.160.130 Grading Design Plan 153.160-19 §153.160.140 Certificate of Completion 153.160-20 §153.160.150 Irrigation Scheduling 153.160-21 §153.160.160 Landscape and Irrigation Maintenance Schedule 153.160-22 §153.160.170 Irrigation Audit Report 153.160-22 §153.160.180 Irrigation Efficiency 153.160-23 §153.160.190 Recycled Water 153.160-23 §153.160.200 Stormwater Management 153.160-23 §153.160.210 Public Education 153.160-24 §153.160.220 Provisions for Existing Landscapes 153.160-24 153 Adopted May 2,2012 153-7 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Table of Contents 153 PAGE §153.160.230 Other Applicable Regulations 153.160-25 §153.165 Tree Preservation and Protection §153.165.010 Purpose and Intent 153.165-1 §153.165.020 Applicability 153.165-2 §153.165.030 Tree Advisory Board-Establishment and Responsibilities 153.165-2 §153.165.040 Tree Department-Establishment and Responsibilities 153.165-2 §153.165.050 Responsibilities of Private Property Owners and City 153.165-3 §153.165.060 Tree Master Plan 153.165-3 §153.165.070 Public Tree Planting 153.165-3 §153.165.080 Public Tree Removal,Trimming,Maintenance, and Protection 153.165-3 §153.165.090 Private Property Tree Removal and Trimming 153.165-5 §153.165.090 Exemptions from this Ordinance 153.165-6 §153.170 Sign Regulations §153.170.010 Intent and Purpose 153.170-1 §153.170.020 Applicability 153.170-2 §153.170.030 Permit Requirements 153.170-2 §153.170.040 Exempt Signs 153.170-3 §153.170.050 Prohibited Signs 153.170-6 §153.170.060 Temporary Signs 153.170-7 §153.170.070 General Sign Standards 153.170-8 §153.170.080 Signs Regulations by Zone 153.170-9 §153.170.090 Sign Regulations for Specific Land Uses 153.170-11 §153.170.100 Sign Construction and Maintenance 153.170-12 §153.170.110 Other Applicable Regulations 153.170-12 §153.180 Wireless Communications Facilities §153.180.010 Definitions 153.180-1 §153.180.020 Purpose and Intent 153.180-1 §153.180.030 Exempt Facilities 153.180-2 §153.180.040 Approval Requirements 153.180-3 §153.180.050 General Standards 153.180-4 §153.180.060 Development Standards 153.180-5 §153.180.070 Review and Approval Process 153.180-8 §153.180.080 Satellite Antennas, Amateur Radio Communication Facilities, and Citizen Band (CB)Radio Antennas 153.180-10 §153.180.090 Reserved 153.180-12 §153.180.100 Exceptions 153.180-12 153 Adopted May 2,2012 153-8 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Table of Contents 153 PAGE §153.180.110 Nonconforming Wireless Communications Facilities 153.180-13 §153.180.120 Abandonment of Communications Facilities 153.180-15 §153.190 Trip Reduction and Transportation Demand Management §153.190.010 Intent and Purpose 153.190-1 §153.190.020 Applicability 153.190-1 §153.190.030 Review of Transit Impacts 153.190-1 §153.190.040 Development Standards 153.190-2 §153.190.050 Maintenance 153.190-4 §153.190.060 Monitoring 153.190-4 §153.200 Nonconforming Buildings, Structures, and Uses §153.200.010 Application 153.200-1 §153.200.020 Definition 153.200-1 §153.200.030 Continuation of Nonconforming Uses,Buildings and Structures 153.200-2 §153.200.040 Nonconformity 153.200-2 §153.200.050 Abandonment, Change,or Increase in Use 153.200-2 §153.200.060 Expiration of Time 153.200-3 §153.200.070 Orders of Abatement 153.200-4 §153.200.080 Appeals from Decision of Director 153.200-4 §153.200.090 Appeals from Commissions Decisions 153.200-5 §153.200.100 Notice of Decision 153.200-5 §153.200.110 Effective Date of Notice 153.200-6 §153.200.120 Perfecting Appeals 153.200-6 §153.200.130 Conduct of Hearings 153.200-6 §153.200.140 Repair;Maintenance 153.200-7 §153.200.150 Eminent Domain;Public Acquisition 153.200-7 §153.200.160 Permitted Repair and/or Maintenance of Nonconforming Buildings and Structures 153.200-7 §153.200.170 Effect of Work 153.200-8 §153.200.180 Exemptions and Exceptions 153.200-8 §153.200.190 Minor Additions to Dwellings in R-1 Zone 153.200-8 §153.200.200 Consistency with General Plan Required 153.200-9 §153.210 Administrative Procedures PART 1 General Provisions 153.210-5 §153.210.010 Intent and Purpose 153.210-5 §153.210.020 Designated Approving Authority 153.210-5 153 Adopted May 2,2012 153-9 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Table of Contents 153 PAGE §153.210.030 Exemptions from Permit Requirements 153.210-7 §153.210.040 Additional Required Permits 153.210-7 §153.210.050 Burden of Proof 153.210-7 §153.210.060 Precedence 153.210-7 §153.210.070 Concurrent Processing of Permits 153.210-7 §153.210.080 Application Regulations 153.210-8 §153.210.090 General Application Processing Procedures 153.210-8 §153.210.100 Notice of Public Hearing Regulations 153.210-9 §153.210.110 Public Hearing Regulations 153.210-10 §153.210.120 Permit Implementation and Time Limits 153.210-10 §153.210.130 Permit Modification 153.210-11 §153.210.140 Permit Revocation 153.210-12 §153.210.150 Appeals 153.210-13 PART 2 Design Review 153.210-14 §153.210.160 Intent and Purpose 153.210-14 §153.210.170 Applicability 153.210-14 §153.210.180 Determination 153.210-15 §153.210.190 Record of Review 153.210-15 PART 3 Zoning Clearance 153.210-15 §153.210.200 Intent and Purpose 153.210-15 §153.210.210 Applicability 153.210-15 §153.210.220 Determination 153.210-16 §153.210.230 Record of Clearance 153.210-16 PART 4 Sign Permit 153.210-16 §153.210.240 Intent and Purpose 153.210-16 §153.210.250 Applicability 153.210-16 §153.210.260 Determination 153.210-16 §153.210.270 Record of Permit 153.210-16 PART 5 Temporary Use Permit 153.210-17 §153.210.280 Reference 153.210-17 PART 6 Zoning Code Interpretation 153.210-17 §153.210.320 Intent and Purpose 153.210-17 §153.210.330 Determination 153.210-17 §153.210.340 Record of Interpretation 153.210-17 153 Adopted May 2,2012 153-10 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Table of Contents 153 PAGE PART 7 Administrative Adjustment 153.210-17 §153.210.350 Intent and Purpose 153.210-17 §153.210.360 Applicability 153.210-18 §153.210.370 Proceedings 153.210-18 §153.210.380 Determination 153.210-19 §153.210.390 Record of Permit 153.210-19 PART 8 Variance 153.210-20 §153.210.400 Intent and Purpose 153.210-20 §153.210.410 Applicability 153.210-20 §153.210.420 Proceedings 153.210-20 §153.210.430 Determination 153.210-20 §153.210.440 Record of Permit 153.210-21 PART 9 Conditional Use Permit 153.210-21 §153.210.450 Intent and Purpose 153.210-21 §153.210.460 Applicability 153.210-21 §153.210.470 Proceedings 153.210-21 §153.210.480 Determination 153.210-22 §153.210.490 Limited Time Approval 153.210-22 §153.210.495 Expiration for Non-use 153.210-23 §153.210.500 Record of Permit 153.210-23 PART 10 Historic Designation 153.210-23 §153.210.510 Intent and Purpose 153.210-23 §153.210.520 Applicability 153.210-23 §153.210.530 Proceedings 153.210-23 §153.210.540 Determination 153.210-24 §153.210.550 Record of Designation 153.210-24 PART 11 Historic Structure Work Permit 153.210-25 §153.210.560 Intent and Purpose 153.210-25 §153.210.570 Proceedings 153.210-25 §153.210.580 Record of Permit 153.210-25 PART 12 Historic Structure Demolition Permit 153.210-26 §153.210.590 Intent and Purpose 153.210-26 §153.210.600 Proceedings 153.210-26 §153.210.610 Record of Permit 153.210-27 153 Adopted May 2,2012 153-11 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Table of Contents 153 PAGE PART 13 Wireless Facility Encroachment Permit 153.210-27 §153.210.620 Intent and Purpose 153.210-27 §153.210.630 Proceedings 153.210-27 §153.210.640 Determination 153.210-27 §153.210.650 Record of Permit 153.210-28 PART 14 Specific Plan 153.210-28 §153.210.660 Intent and Purpose 153.210-28 §153.210.670 Specific Plan Initiation 153.210-28 §153.210.680 Proceedings 153.210-29 §153.210.690 Determination 153.210-29 §153.210.700 Record of Plan 153.210-30 §153.210.710 Specific Plan Amendments 153.210-30 PART 15 Zoning Code Text and Zoning Map Amendments 153.210-30 §153.210.720 Intent and Purpose 153.210-30 §153.210.730 Amendment Initiation 153.210-30 §153.210.740 Proceedings 153.210-31 §153.210.750 Determination 153.210-32 §153.210.760 Record of Amendment 153.210-32 PART 16 General Plan Text and Map Amendments 153.210-32 §153.210.770 Intent and Purpose 153.210-32 §153.210.780 Amendment Initiation 153.210-32 §153.210.790 Proceedings 153.210-33 §153.210.800 Determination 153.210-34 §153.210.810 Record of Amendment 153.210-34 PART 17 Development Agreement 153.210-34 §153.210.820 Intent and Purpose 153.210-34 §153.210.830 Development Agreement Application 153.210-34 §153.210.840 Contents of Agreement 153.210-35 §153.210.850 Proceedings 153.210-35 §153.210.860 Determination 153.210-36 §153.210.870 Recordation of Filing Agreement 153.210-36 §153.210.880 Amendment or Cancellation 153.210-36 §153.210.890 Periodic Review 153.210-36 PART 18 Downtown Overlay 153.210-37 §153.210.900 Intent and Purpose 153.210-37 153 Adopted May 2,2012 153-12 CITY OF BALD WIN PARK-CHAFFER 153:ZONING CODE Table of Contents 153 PAGE §153.210.910 Applicability 153.210-37 §153.210.920 Proceedings 153.210-37 §153.210.930 Determination 153.210-38 §153.210.940 Record of Overlay 153.210-38 PART 19 Development Plan (Planned Development Overlay) 153.210-38 §153.210.950 Intent and Purpose 153.210-38 §153.210.960 Proceedings 153.210-38 §153.210.970 Required Findings for Approval 153.210-39 §153.210.980 Record of Plan 153.210-39 PART 20 Reasonable Accommodation 153.210-39 §153.210.990 Intent and Purpose 153.210-39 §153.210.1000 Applicability 153.210-39 §153.210.1010 Proceedings 153.210-40 §153.210.1020 Findings 153.210-40 §153.210.1030 Determination 153.210-41 §153.210.1040 Record of Reasonable Accommodation 153.210-41 §153.220 Definitions §153.220.010 Intent and Purpose 153.220-1 §153.220.020 A Definitions 153.220-2 §153.220.030 B Definitions 153.220-5 §153.220.040 C Definitions 153.220-7 §153.220.050 D Definitions 153.220-10 §153.220.060 E Definitions 153.220-12 §153.220.070 F Definitions 153.220-13 §153.220.080 G Definitions 153.220-14 §153.220.090 H Definitions 153.220-15 §153.220.100 I Definitions 153.220-16 §153.220.110 J Definitions 153.220-16 §153.220.120 K Definitions 153.220-16 §153.220.130 L Definitions 153.220-17 §153.220.140 M Definitions 153.220-25 §153.220.150 N Definitions 153.220-26 §153.220.160 0 Definitions 153.220-27 §153.220.170 P Definitions 153.220-28 §153.220.180 Q Definitions 153.220-30 §153.220.190 R Definitions 153.220-30 §153.220.200 S Definitions 153.220-32 153 Adopted May 2,2012 153-13 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Table of Contents 153 §153.220.210 T Definitions 153.220-39 §153.220.220 U Definitions 153.220-40 §153.220.230 V Definitions 153.220-41 §153.220.240 W Definitions 153.220-41 §153.220.250 X Definitions 153.220-44 §153.220.260 Y Definitions 153.220-44 §153.220.270 Z Definitions 153.220-44 153 Adopted May 2,2012 153-14 SUBCHAPTER 153.010 - GENERAL PROVISIONS -n-. Section Contents: §153.010.010 Title §153.010.020 Purpose §153.010.030 Terminology §153.010.040 Relationship to General Plan §153.010.050 Relationship to Other Regulations and Plans §153.010.060 Relationship to California Environmental Quality Act §153.010.070 Minimum Requirements of this Zoning Code §153.010.080 Severability of Any Portion of this Zoning Code § 153.010.010 — Title The title of this chapter shall be known as the "Baldwin Park Zoning Code," or the "Zoning Code." § 153.010.020 — Purpose This Zoning Code is established to regulate the use of land within the city in an orderly manner consistent with the goals, objectives and policies of the Baldwin Park General Plan and to protect the public health, safety, comfort, welfare and general prosperity of the city and its residents through classifying, designating, regulating and restricting the use of land, buildings and structures. § 153.010.030 — Terminology Words, terms and phrases used in this chapter shall have the meanings usually ascribed to them, or as defined or used in state planning and zoning laws, or as defined in subchapter 153.220, Definitions, of this chapter. For the purposes of this chapter, unless the context clearly indicates otherwise,the following shall apply: A. Tense.Words in the present tense include the future. B. Singular number.Words in the singular number include the plural. C. Plural number.Words in the plural number include the singular. D. Mandatory terms.The terms"shall", "will" and"must," are mandatory. E. Gender neutral terms.The term"his"is gender neutral and means his or her. 153.010 General Provisions 153.010-1 CITY OF BALDWIN PARK—CHAPTER 153:ZONING CODE General Provisions 153.010 § 153.010.040 - Relationship to General Plan This chapter provides the legislative framework to enhance and implement the goals, policies, plans,principles and standards of the General Plan. § 153.010.050 - Relationship to Other Regulations and Plans A. Effect on other codes. The provisions of this chapter shall not be interpreted to repeal, amend, modify, alter or change any other code that is not specifically repealed, amended,modified, altered or changed. B. Other applicable statues, codes and regulations. Nothing in this chapter shall be interpreted to authorize the use of a lot or parcel in any way that is in violation of any other applicable statute,code or regulation. C. More restrictive provisions apply.Whenever the provisions of this chapter are different from the provisions of any other ordinance or adopted code, the more restrictive provisions shall apply, except as the same may be superseded by resolution or ordinance. D. Effect on permits, licenses and approvals. The rights granted by any permit, license or other approval under any ordinance repealed by this chapter shall be continued, but in the future, to the extent permitted by law, such rights shall be exercised in accordance with the provisions of this chapter. E. Effect on easements, covenants and agreements. The provisions of this chapter are not intended to abrogate any easements, covenants or other existing agreements which are more restrictive than the provisions of this chapter. F. Redevelopment Plan Standards Supersede. Whenever an area of the city has been included in an approved redevelopment plan, or specific plan adopted pursuant to California Government Code §§ 65000 et seq., and if such plan contains any standards relating to land usage, such standards shall supersede the provisions of this chapter. § 153.010.060 - Relationship to California Environmental Quality Act When a project is determined to be subject to the provisions of the California Environmental Quality Act(CEQA), the application shall be reviewed in accordance with the provisions of this chapter, the CEQA (California Public Resources Code §§ 21000 et seq.), the CEQA Guidelines (California Government Code §§ 15000 et seq.) and any environmental guidelines adopted by the city. 153.010 General Provisions 153.010-2 CITY OF BALDWIN PARK—CHAPTER 153:ZONING CODE General Provisions 153.010 § 153.010.070 - Minimum Requirements The provisions of this chapter shall be interpreted and deemed as the minimum requirements necessary and the maximum potential limits for the protection of the public health, safety, comfort, convenience and general welfare of the city and its residents, unless the context of a specific regulation clearly provides otherwise. § 153.010.080 - Severability of Any Portion If any section, subsection, subdivision, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional. 153.010 General Provisions 153.010-3 SUBCHAPTER 153.020 - ADMINISTRATION AND r` ENFORCEMENT Section Contents: §153.020.010 Composition of Baldwin Park Planning Division §153.020.020 Responsibilities of the City Council §153.020.030 Responsibilities of the Planning Commission §153.020.040 Responsibilities of the Design Review Committee §153.020.050 Responsibilities of the Zoning Administrator §153.020.060 Responsibilities of the Director of Public Works §153.020.070 Responsibilities of the City Planner §153.020.080 Interpretation of the Zoning Code §153.020.090 Enforcement and Penalty for Violation § 153.020.010- Composition of Baldwin Park Planning Division A. Planning division functions.Pursuant to California Government Code §65100, the City establishes a planning division to carry out the land use and planning functions of this jurisdiction. As designated by this chapter the following participates in the planning process: 1. City Council 2. Planning Commission 3. Design Review Committee. The Design Review Committee shall be composed of the Director of Community Development, the City Engineer, a representative of the Police Department and City Planner as the chairperson. 4. Zoning Administrator. The Director of Community Development, the Director of Public Works or a designated representative shall act as the Zoning Administrator. 5. City Planner B. Duties assigned. Responsible agencies shall perform duties as assigned by this subchapter and subchapter 153.210,Administrative Procedures. 153.020 Administration and Enforcement 153.020-1 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Administration and Enforcement 153.020 § 153.020.020 - Responsibilities of the City Council The City Council shall have the following responsibilities with respect to the implementation of this chapter: A. Appoint Planning Commission.Appoint members of the Planning Commission. B. Planning Commission appeals. Act as the appeal body on decisions made by the Planning Commission. C. Applications. Hear and act upon applications for specific plans, Zoning Code text and map amendments,General Plan amendments and development agreements. D. Amendments. Direct planning-related policy amendments and special studies as necessary or desired. E. Other powers and duties. Exercise other powers and duties as are prescribed by state law or local ordinance. § 153.020.030 - Responsibilities of the Planning Commission The Planning Commission shall have the following responsibilities: A. Zoning Administrator appeals. Act as the appeal body on decisions made by the Zoning Administrator. B. Design Review Committee appeals. Act as the appeal body on decisions by the Design Review Committee. C. Conditional Use Permits and Variances.Hear and act upon applications for conditional use permits and variances. D. Recommendations to City Council: Hear and make recommendations to the City Council on applications for specific plans, Zoning Code text and map amendments, General Plan amendments, development agreements and other related planning studies. E. Zoning Code amendment studies and recommendations. Initiate studies of amendments to the Zoning Code and make recommendations to the City Council for amendments to the Zoning Code. F. Historic Resource Advisory Committee. Act as the Historic Resource Advisory Committee and perform the following duties: 153.020 Administration and Enforcement 153.020-2 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Administration and Enforcement 153.020 1. Regularly survey the city to recommend to the City Council that certain areas, buildings or structures be designated as historically significant. 2. Publish and regularly update a register of historic properties, buildings and districts. 3. Recommend to the City Council steps to encourage public understanding of and involvement in the unique architectural and environmental heritage of the city through educational and interpretive programs. 4. Encourage the protection, retention and use of any designated or potential historic properties,buildings and districts. 5. Recommend and encourage the protection, enhancement, appreciation and use of structures of historical, cultural, architectural, community or aesthetic value that have not been designated as historic buildings but deserve recognition to acknowledge their importance to the city. The Committee may recommend to the City Council steps desirable to recognize these structures without imposing any regulations or controls upon them. 6. Encourage cooperation between public and private cultural heritage groups. 7. Review and approve redevelopment plans and make recommendations to the City Council regarding proposed historic properties,buildings or districts within the area covered by such plan. 8. Notify all public agencies and public utilities that own or may acquire property, including easements and public right-of-way in the city, of the existence of historic properties,buildings and districts. G. Other powers and duties. Exercise other powers and duties as are prescribed by state law,local ordinance or as directed by the City Council. § 153.020.040— Responsibilities of the Design Review Committee The Design Review Committee shall hear and act upon applications for Design Review, as further provided in Part 2 of § 153.210. This Committee shall be composed of the Director of Community Development, the City Engineer or designee, the Building Official, a representative of the Police Department, a representative of the Fire Department and the City Planner who will serve as the chairperson. 153.020 Administration and Enforcement 153.020-3 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Administration and Enforcement 153.020 § 153.020.050 - Responsibilities of the Zoning Administrator The Zoning Administrator shall be a city staff person designated by the Director of Community Development as the Zoning Administrator. The Zoning Administrator shall have the following responsibilities: A. City Planner appeals. Act as the appeal body for of decisions made by the City Planner, unless otherwise provided in this chapter B. Zoning Code interpretations and administrative adjustments. Hear and act upon applications for Zoning Code interpretations and administrative adjustments. C. Other Powers and Duties: Exercise other powers and duties as directed by the City Council. § 153.020.060 - Responsibilities of the Director of Public Works The Director of Public Works hears and acts upon applications for wireless facility encroachment permits. § 153.020.070 - Responsibilities of the City Planner The City Planner shall have the following responsibilities: A. Record and maintain. Maintain the Zoning Code, Zoning Map and records of zoning actions and interpretations. B. Recommend on Zoning Code interpretations. Hear and make recommendations to the Zoning Administrator on Zoning Code interpretations. C. Administrative functions. Conduct administrative functions authorized by the Zoning Code, including distribution and receipt of permit applications and corresponding fees; application review and public noticing; determination and issuance of administrative permits and approvals;and preparation of staff reports. D. Public participation. Provide information to the public and facilitate public participation on planning matters. E. Other powers and duties. Exercise other powers and duties as are prescribed by state law,local ordinance or as directed by the City Council. § 153.020.080- Interpretation of the Zoning Code A. Authority. If ambiguity arises concerning the meaning or applicability of any provision of the Zoning Code, the Zoning Administrator shall have the responsibility to review 153.020 Administration and Enforcement 153.020-4 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Administration and Enforcement 153.020 pertinent facts, determine the intent of the provision and to issue an administrative interpretation for the provisions in question pursuant to § 153.210, Administrative Procedures. The Zoning Administrator shall then issue an official interpretation that shall be in writing and cite the interpreted provisions, along with an explanation of the meaning or applicability of the provision in the circumstances that caused the need for interpretation. An administrative record of all such decisions made by the Zoning Administrator shall be maintained. B. Appeals. Interpretations by the Zoning Administrator may be appealed to the designated Appeal Authority pursuant to§153.210.020,Administrative Procedures. § 153.020.090 - Enforcement and Penalty for Violation A. Zoning Code enforcement. The City Manager shall designate the Code Enforcement Officer or Officers who, along with the Planning Commission, Director of Community Development, Director of Public Works, City Planner, Police Depailinent and all other officials charged with the issuance of licenses or permits, shall enforce the provisions of the Zoning Code. B. Public nuisances. Any building or structure erected or maintained, or any use of property contrary to the provisions of the Zoning Code, shall be declared to be unlawful and a public nuisance subject to abatement pursuant to chapter 95, Nuisances, of the Baldwin Park Municipal Code. C. Zoning Code violations. Any person, firm or corporation, whether as principal, agent, employee or otherwise,violating any provisions of the Zoning Code or failing to comply with any order or regulation made hereunder, shall be subject to the penalties set forth in§10.99 of the Baldwin Park Municipal Code. 153.020 Administration and Enforcement 153.020-5 SUBCHAPTER 153.030 - ESTABLISHMENT OF ZONES ' ' Section Contents: §153.030.010 Zones Established §153.030.020 Official Zoning Map §153.030.030 Determination of Boundaries § 153.030.010 - Zones Established The city is divided into the zones, as shown in the chart below, for the purposes of classifying, regulating, restricting and separating the use of land, buildings and structures; regulating and limiting the type, height and bulk of buildings and structures; and regulating areas of yards and other open areas abutting and between buildings and structures. Zone ;.Corresponding General Plan Land Zone Designation ;•` Symbol Use Designation Low-Density Single-Family Residential R-1-7,500 Single-Family Residential Single-Family Residential R-1 Single-Family Residential Garden Multi-Family Residential R-G Garden Multi-Family Residential Multi-Family Residential R-3 Multi-Family Residential Neighborhood Commercial C-1 Neighborhood Commercial General Commercial C-2 General Commercial Freeway Commercial F-C General Commercial Industrial Commercial I-C Commercial/Industrial Industrial I General Industrial Mixed Use 1 MU-1 Mixed Use Mixed Use 2 MU-2 Mixed Use Open Space OS Parks Specific Plan SP-k All Downtown Overlay (DO) All Sierra Vista Overlay (SV) General Commercial Historic Overlay (H) All Planned Development Overlay (PD) All § 153.030.020 - Official Zoning Map The Zoning Map known as the "Official Zoning Map of the City of Baldwin Park" dated April 11, 2012, as subsequently amended, and on file with the City Clerk, is adopted herein by 153.030 Establishment of Zones 153.030-1 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Establishment of Zones 153.030 reference and shall hereafter exist pursuant to and as an integral part of this chapter. The Zoning Map shall be maintained to reflect the current zoning of the city. § 153.030.030 - Determination of Boundaries Where uncertainty exists as to the exact zone boundaries, the following rules shall apply: A. Rights-of-way included in zone. A street, alley, railroad right-of-way, watercourse channel or other right-of-way included on the Zoning Maps, unless otherwise indicated, shall be included within the zone of the adjoining property on either side thereof.. B. Rights-of-way centerline as boundary. Where a street, alley, railroad right-of-way, watercourse channel or other right-of-way serve as a boundary between to or more zones, the centerline of that right-of-way shall be considered the boundary between zones. C. Lines and limits boundaries. When the zone boundaries approximately follow lots lines, section lines or city limits,these lines shall be considered the boundaries. D. Boundary interpretation authority. Where the boundary splits a lot or parcel, or uncertainty exists, the exact boundary shall be determined by written decision of the Zoning Administrator. E. Right-of-way vacation. When the street, alley or right-of-way that serves as a zone boundary is vacated, the new zone boundary shall be at the new property line. Where the vacation does not result in a new property line, the zone boundary shall be determined by written decision of the Zoning Administrator. F. Annexations. Areas annexed to the city shall come into the city as their existing zone designation. If there is no prior designation, the Zoning Administrator shall determine the nearest comparable zone for the area. The Zoning Map shall then be amended to show the new city limits and zone. 153.030 Establishment of Zones 153.030-2 SUBCHAPTER`153.040 - RESIDENTIAL ZONES Section Contents: PART 1 Permitted Uses and Development Standards §153.040.010 Intent and Purpose §153.040.020 Use Regulations §153.040.030 Development Standards §153.040.040 Required Open Space §153.040.050 Flag Lots §153.040.060 Manufactured Housing §153.040.070 Accessory Structures §153.040.080 Vehicle Storage and Repair §153.040.090 Other Applicable Regulations PART 2 Small-Lot Single-Family Developments §153.040.100 Intent and Purpose §153.040.110 Development Standards PART 3 Housing Incentives §153.040.120 Intent and Purpose §153.040.130 Density Bonus Incentive §153.040.140 General Requirements §153.040.150 Development Standards §153.040.160 Resale and Rental Controls PART 4 Mobile Home Parks §153.040.170 Intent and Purpose §153.040.180 Use Regulations §153.040.190 Development Standards PART 1 - Permitted Uses and Development Standards § 153.040.010 - Intent and Purpose Four residential zones are established to provide residents with comfortable, healthy, safe and pleasant living environments. These zones should be separated from incompatible and disruptive activities that may conflict with this purpose. The zones are designed to accommodate specific types of development approaches and housing to serve the needs of city residents. 153.040 Residential Zones 153.040-1 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Residential Zones 153.040 A. Low-Density Single-Family Residential Zone (R-1-7,500) The R-1-7,500 zone provides areas for the development of detached single-family dwelling units on lots greater than or equal to 7,500 square feet in size. The zone is intended to protect and stabilize desirable characteristics of single-family residential areas, including larger lot sizes and separation from incompatible land uses. B. Single-Family Residential Zone (R-1) The R-1 zone provides areas for the development of detached single-family dwelling units. The zone is also intended to protect and stabilize desirable characteristics of single-family residential areas. C. Garden Multi-Family Residential Zone (R-G) The R-G zone provides an environment suitable for both small-lot detached or attached dwelling units where more than one unit may be built on a lot. The intent is to promote desirable characteristics for medium-density neighborhoods. D. High Density Multi-Family Residential Zone (R-3) The R-3 zone provides opportunities for persons to live in small-lot single family developments and developments containing multiple units, such as apartments or condominiums with common open space and other shared amenities. § 153.040.020 — Use Regulations A. Permitted uses. Table 153.040.020 identifies the permitted uses in all residential zones. Residential uses represent the primary permitted use, and only those additional uses that are complementary to and can exist in harmony with the residential character of each zone may be allowed as accessory or conditionally permitted uses, as indicated in Table 153.040.020. B. Conditional uses. Certain uses may be subject to special conditions regarding the location, operation or design of the use.References to these provisions are made in Table 153.040.020. C. Prohibited uses. If a use is not specifically listed in Table 153.040.020, that use is prohibited. However, the Zoning Administrator shall have the authority to determine whether the proposed use shall be permitted based on the finding that the use is similar to and no more detrimental than a particular use permitted in the zone. 153.040 Residential Zones 153.040-2 CITY OF BALDWIN PARK—CHAPTER 153:ZONING CODE Residential Zones 153.040 TABLE 153.040.020 R Permitted use , CUP Conditional use permit required Permitted and Conditionally Permitted A ,. . Accessory use Uses within Residential Zones Use not allowed, R-1- Additional Land Use 7,500 R-1 v :;R-G R-3::.; Regulations Accessory Structures P P P P 153.040.070 Adult Day Care Facilities CUP CUP CUP CUP Boardinghouses -- -- -- -- Child Day Care Homes—Large Family P P P P 153.120 Part 6 Child Day Care Homes—Small Family P P P P Condominiums -- -- P P See Chapter 153.210,Part 2— Design Review Dwellings,Duplex -- -- P P See Chapter 153.210,Part 2— Design Review Dwellings,Multi-Family -- -- P P See Chapter 153.210,Part 2— Design Review Dwellings,Single-Family P P P P See Chapter 153.210,Part 2— Design Review Educational Institutions,private -- CUP CUP CUP 153.040.030 Educational Institutions,public P P P P Home Occupations 1 A A A A 153.120 Part 8 Hospitals -- -- CUP CUP 153.040.030 Mobile Homes P P P P Mobile Home Parks CUP CUP CUP CUP 153.040 Part 4 Off-Street Parking Facilities CUP CUP CUP CUP 153.150.040, 153.150.050 Parking Lots(associated with nonresidential use) CUP CUP CUP CUP 153.160.050 Places of Assembly -- CUP CUP CUP 153.040.030 Recreational Facilities CUP CUP CUP CUP Residential Care Homes(6 or fewer residents) P P P P Residential Care Facilities CUP CUP CUP CUP 153.040.030 Second Dwelling Units -- A A A 153.120 Part 11 Notes:(1)A home occupation permit must be obtained from the Business License Department. 153.040 Residential Zones 153.040-3 CITY OF BALDWIN PARK—CHAPTER 153:ZONING CODE Residential Zones 153.040 § 153.040.030 - Development Standards Table 153.040.030 identifies the development standards applicable to all development in residential zones. Certain developments may be subject to special conditions, as described here or referenced in Table 153.040.030. A. Unique use standards. Permitted places of assembly, educational institutions, congregate living health facilities, hospitals and residential care facilities shall comply with the following standards: 1. All such uses shall have and maintain a minimum net lot area of one-half acre. 2. All such uses shall be located on lots that have a minimum lot width, lot depth and street frontage of 70 feet. 3. All such uses shall have and maintain a minimum side yard setback of 10 feet and a rear side yard setback of 20 feet. 4. All such uses shall have and maintain a minimum vehicular access driveway width of 20 feet. 5. The standard for minimum total square footage of accessory buildings indicated in § 153.040.070(A) shall not apply to these uses, provided that the use, size and placement of accessory buildings shall be subordinate and incidental to the main buildings, and subject to review through the conditional use permit process. B. Hospitals.Hospitals shall have and maintain a minimum net lot area of one-half acre. C. Residential additional �' \ setback. In the R-1-7,500 and R-1 zones, any exterior o v feet new structure, or addition t to an existing structure, s . First Floor ;S,' �- \•\ that exceeds one story in ' \ �• � , \ height and that faces any �\ ®A , rear or side lot line shall be € \•\ a set back an additional 10 \ 100 leer Second Floor Musrb r6 k •\ percent of the average lot ow t r dm M d prh ! \ -'.. width, up to a maximum l e a rod \ m of 20 Leer. required setback of 20 feet. \ 0` ,a 153.040 Residential Zones 153.040-4 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Residential Zones 153.040 TABLE 153.040 030' Development Standards for Residential Zones Additional Development Standards R-1-7,500 .R-1 R-G R-3, : Regulations Lot Area—Minimum 7,500 sf 5,000 sf 5,000 sf 5,000 sf 153.040 Part 2 Lot Depth—Minimum 50 ft 50 ft 50 ft 50 ft Lot Width—Minimum 50 ft 50 ft 50 ft 50 ft Lot Coverage—Maximum 40% 45% 50% 60% Front Yard Setback—Minimum General 20 ft 20 ft 15 ft 15 ft 153.130.030 Lot with a side entry garage 15 ft 15 ft 15 ft 15 ft Lot adjacent to R-1-7,500 or R-1 zone 20 ft 20 ft 20 ft 20 ft Side Yard Setback—Minimum General 5 ft 5 ft 10 ft 10 ft Corner lot 10 ft 10 ft 15 ft 15 ft -with a side entry garage 20 ft 20 ft 10 ft 10 ft 153.130.030 Reversed corner lot 15 ft 15 ft 15 ft 15 ft -with a side entry garage 20 ft 20 ft 10 ft 10 ft Lot adjacent to R-1-7,500 or R-1 zone 5 ft 5 ft 20 ft 20 ft Rear Yard Setback—Minimum General 20 ft 20 ft 10 ft 10 ft 153.130.030 Lot adjacent to R-1-7,500 or R-1 zone 20 ft 20 ft 20 ft 20 ft Open Space Area,Common—Minimum -- -- 250 sf/du 250 sf/du 153.040.040 Open Space Area,Private—Minimum 20%of net 20%of net 200 sf/du 200 sf/du 153.040.040 lot area lot area Density—Maximum 5.8 du/ac 8.7 du/ac 12 du/ac 20 du/ac Building Height—Maximum 27 ft 27 ft 27 ft 35 ft 153.130.040 Building Length—Maximum -- -- 125 ft 125 ft Building Width—Minimum 20 ft 20 ft -- -- Distance between Buildings—Minimum -- -- 10 ft 10 ft Floor Areas-Minimum Efficiency -- -- 500 sf 500 sf One Bedroom 900 sf 900 sf 700 sf 700 sf Two Bedrooms 1,050 sf 1,050 sf 900 sf 900 sf Three Bedrooms 1,200 sf 1,200 sf 1,100 sf 1,100 sf Each Additional Bedroom 200 sf 200 sf 200 sf 200 sf D. Multi-family residential rear lot line. A solid masonry, decorative wall shall be constructed and maintained along all side and rear lot lines of multi-family residential 153.040 Residential Zones 153.040-5 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Residential Zones 153.040 lots pursuant to §153.130.060. This requirement can be waived through the design review process if deemed necessary and appropriate to achieve city safety and aesthetic goals. § 153.040.040— Required Open Space Maintaining open space areas provides recreational opportunities, allows sunlight to enter into living spaces and provides a spacious and inviting feel. The minimum required open space areas, as listed in Table 153.040.030, shall be maintained pursuant to these regulations. A. Residential open space. The following regulations apply to required open space areas within all residentially zoned lots: 1. More than one open space area may be provided on a lot. The sum of square footages for all eligible open space areas on a lot shall comprise the total open space area for that lot. 2. Required side or rear yard areas may be included in the calculated open space area but a required front yard area may not. 3. Open space areas may not be located between a dwelling unit and the street. 4. Open space areas shall be equally distributed for all dwelling units on a lot. 5. Open space areas shall have no structural, parking, driveway or right-of-way encroachments except for swimming pools, spas and similar accessory uses used for recreational purposes. B. Private Open space minimum dimensions in R-1 and R-1-7,500. Within R-1 and R-1- 7,500 zoned lots, the minimum length and width of each open space area shall be 15 feet. C. Private open space regulations in R-G and R-3. The following regulations apply to private open space areas within R-G and R-3 zoned lots: 1. The minimum length and width of each open space area shall be 10 feet. 2. The minimum length and width of each open space area within small-lot single- family developments shall be 15 feet. 3. The open space area for an individual dwelling unit shall be directly accessible to that dwelling unit. 153.040 Residential Zones 153.040-6 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Residential Zones 153.040 4. Encroachments such as roofs and eaves may project into an open space area provided such encroachments observe a minimum vertical clearance of 8 feet. A minimum distance of 3 feet shall be maintained between any encroachment and any lot line, per the requirements contained in § 153.130.030 Permitted Projections into Required Yard Areas. B. Common open space regulations in R-G and R-3. The following regulations apply to common open space areas within R-G and R-3 zoned lots: 1. The minimum length and width of each open space area shall be 20 feet. 2. The common open space area shall be open and accessible to all residents. § 153.040.050 — Flag Lots A. No new flag lots. As of the 65' adoption of the ordinance ----�------- amending this chapter, no new su flag lots may be created. I GARAGE. 1 77' I - ri ° RESIDENCE -(I r I PARCEL1 B. Existing flag lots. Flag lots legally FRONT LOT ! IV MIN.LOT SIZE: established prior to the adoption LINE R- 5 6500 SQ.FT. I r--- of the ordinance amending this chapter may remain in existence, 7, provided such lots comply with I a .100' � Is. RESIDENCE I the development standards set t bk,; forth in part 1 of this subchapter, : :.. unless otherwise specified here. I WAGE I I PARCEL 2 15' � ` I MIN.LOT SIZE: 5000 SO.FI. 1. The flag lot shall have a minimum lot area of 6,500 Sidewalk and Parkway square feet. STREET 2. The developable portion of the flag lot, exclusive of the staff of the lot, shall maintain a minimum area of 5,000 square feet. 3. The flag lot shall maintain a minimum street frontage and minimum flag staff width of 15 feet. 4. The flag lot shall have a minimum lot width of 65 feet. 153.040 Residential Zones 153.040-7 CITY OF BALD WIN PARK-CHAPTER 153:ZONING CODE Residential Zones 153.040 5. The flag lot shall have a minimum front yard setback of 15 feet. 6. No portion of the flag lot shall be utilized to provide vehicular access to any other lot. § 153.040.060 — Manufactured Housing Manufactured housing units shall comply with the following limitations and standards: A. Single-family dwelling. A manufactured housing unit shall be considered a single- family dwelling, and therefore is subject to the development standards set forth in part 1 of this subchapter, except as provided for within the development standards set forth in part 4 of this subchapter. B. Certification and evidence. If a mobile home was constructed after October 1, 1976, it shall be certified pursuant to the National Mobile Home Construction and Safety Standards Act of 1974, evidence of which shall be provided to the Director of Community Development in a manner approved by him/her. C. Foundation. A manufactured home shall be installed and maintained upon a permanent,continuous,exterior,masonry or concrete foundation. § 153.040.070— Accessory Structures A. All accessory structures.The following regulations apply to all accessory structures: 1. With the exception of an attached or detached garage, an accessory structure shall not be located in front of the main building or directly between the main building and the street. 2. All accessory structures, including detached garages,may not be located within a required side or rear yard area if the required side or rear yard area is adjacent to a street or abuts an R-1-7,500 or R-1 zoned property. 3. The total square footage of all non-parking-related accessory structures on a lot shall not exceed the lesser of these two quantities:500 square feet or 50 percent of the ground floor of the main building. 4. The height of an accessory structure shall not exceed one story or 15 feet. 5. An accessory structure smaller than 250 square feet may be constructed of metal or similar material as approved by the City Planner. 153.040 Residential Zones 153.040-8 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Residential Zones 153.040 6. All accessory structures shall be maintained in good condition. Any structure considered to be in disrepair, as determined by the Director of Community Development,shall be repaired, replaced or removed from the site. 7. Guesthouses as accessory structures are prohibited. 8. Bathrooms within accessory structures are prohibited. B. Detached accessory structures. The following regulations apply to detached accessory structures: 1. Detached accessory structures shall be located at least 6 feet from the main building. A breezeway may span the space between the two structures. 2. Detached accessory structures shall be located at least 5 feet from any property line. 3. Detached accessory structures may not be located above a garage. C. Canopy structures.The following regulations apply to canopy structures: 1. Canopy structures shall not be located within the view of a public right-of-way, front or side yard area or driveway. 2. Canopy structures with a maximum projected canopy area of 200 square feet, maximum height of 8 feet and maximum length of 20 feet may be located within a rear yard area provided that it is fully screened by 6-foot high fencing or shrubs. 3. Reflective,mirrored type covering material shall be prohibited. 4. A temporary use permit may be obtained pursuant to subchapter 153.210, Administrative Procedures, for the placement of a canopy once a year per property for a period not exceeding 5 days. 153.040 Residential Zones 153.040-9 CITY OF BALD WIN PARK-CHAPTER 153:ZONING CODE Residential Zones 153.040 § 153.040.080 - Vehicle Storage and Repair A. Recreational vehicle parking. No person shall store or park any boat, trailer, camper shell or recreational vehicle, or parts thereof, on any required front yard area in a R-1- 7,500 or R-1 zoned lot. A boat, trailer, camper shell or recreational vehicle, or parts thereof, may be stored or parked on a pervious surface within a side yard area provided that a lawfully installed, permanently maintained, 6-foot wall or fence provides a screen from abutting property and the public right-of-way. A temporary use permit may be obtained pursuant to subchapter 153.210, Administrative Procedures, which allows a recreational vehicle to be parked within a front yard area once a year per property for a period not exceeding 60 days. B. Vehicle repair.The following restrictions shall apply to vehicle repair activities: 1. A maximum of one vehicle may be repaired at any time. 2. The vehicle being repaired must be currently registered with the California Department of Motor Vehicles at the property where the repair is being performed.Repairs made to any other vehicles, whether or not for compensation of any kind,are expressly prohibited. 3. Repair activity shall be performed only between the 7:00 A.M. and 8:00 P.M. 4. Tools, motor vehicle parts, supplies or equipment shall be stored such that they are not visible from a public right-of-way or adjoining property, upon completion of repair work. 5. All fluids, liquids and other products that are taken out of a motor vehicle or used in conjunction with any repair work shall be lawfully disposed of. In no instance shall these products or substances drain or spill onto adjoining properties or into a public right-of-way, storm drain or sewer system. 6. Storage of inoperable vehicles is prohibited at any time except in an enclosed storage facility approved by the Building and Planning Divisions. C. Major repairs of motor vehicles. The following restrictions shall apply to all major repairs of motor vehicles including, but not limited to, disassembling, installing or rebuilding an engine block, transmission, seats, suspension system, emission control system or drive train or performing bodywork. 1. Repairs shall only be conducted in a completely enclosed garage or rear yard area provided that the yard is completely enclosed by a lawfully constructed 6- 153.040 Residential Zones 153.040-10 CITY OF BALDWIN PARK-CHARIER 153:ZONING CODE Residential Zones 153.040 foot tall fence which screens the area from view of any public right-of-way and adjoining properties. Major repairs of a vehicle in any other area are prohibited. 2. Major repair to any one vehicle shall not exceed 5 calendar days in any 30-day period. D. Minor repairs of motor vehicles. The following restrictions shall apply to all minor repairs of motor vehicles including all repair activities not considered as major repairs: 1. The repair shall be performed only on a paved driveway or on a parking space. The repair of a motor vehicle on any front or side yard area is expressly prohibited. 2. Repairs may be conducted in a completely enclosed garage or outdoor rear yard area provided the area is completely enclosed by a lawfully constructed, 6-foot tall fence which screens the yard from view of any public right-of-way and adjoining properties.Minor repairs of a vehicle in any other area are prohibited. 3. Repair to any one vehicle shall not exceed 2 calendar days in any 30-day period. § 153.040.090— Other Applicable Regulations In addition to the requirements contained in part 1 of this subchapter, Residential Zones, regulations contained in the following subchapters of this chapter may apply to development in residential zones: 153.120—Standards for Specific Land Uses and Activities 153.130—Site Planning and General Development Standards 153.140—Performance Standards 153.150—Off-Street Parking and Loading 153.160—Landscaping Standards 153.170—Sign Regulations 153.180—Antennas and Other Telecommunication Facilities 153.200—Nonconforming Lots,Structures and Uses 153.210—Administrative Procedures 153.040 Residential Zones 153.040-11 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Residential Zones 153.040 PART 2 — Small-Lot Single-Family Developments § 153.040.100 — Intent and Purpose Small-lot single-family developments within the R-G and R-3 multi-family residential zones will provide opportunities for affordable, detached single-family residential development at densities greater than in the R-1-7,500 and R-1 zones. Development standards will ensure architecturally appealing design with traditional residential features and adequate open space areas. § 153.040.110 — Development Standards Table 153.040.090 identifies the development standards applicable to small-lot single-family developments in the R-G and R-3 zones. Such developments shall comply with special conditions as described here and with all other standards and regulations set forth in part 1 of this subchapter. A. Private and public sheets. Private streets shall be permitted, provided street width and design conform to requirements applied by various city departments. At a minimum, private streets with parking on one side shall measure no less than 28 feet in width curb- to-curb, with required parkways provided as additional width and private streets with parking on both sides shall measure no less than 34 feet in width. Public streets shall conform with the city's street standard manual. B. No gated entries. Gated entries into small-lot single-family developments are prohibited. C. Design Guidelines Manual. Small-lot single-family developments shall comply with applicable Design Guidelines Manual adopted by the city. 153.040 Residential Zones 153.040-12 CITY OF BALDWIN PARK—CHAPTER 153:ZONING CODE Residential Zones 153.040 TABLE 153.040110 Development Standards for Single-family Developments- Additional Development::;Standards :; ;:: RG R-3 Regulations Development Site Area-Minimum 40,000 sf 30,000 sf Lot Area-Minimum 4,000 sf 3,000 sf Lot Depth-Minimum 80 ft 70 ft Lot Width-Minimum 38 ft 30 ft Lot Coverage-Maximum 60% 65% Front Yard Setback-Minimums General 10 ft 10 ft 153.130.030 Lot adjacent to R-1-7,500 or R-1 15 ft 12 ft Side Yard Setback-Minimum General-Aggregate of all side yards 10 ft 8 ft 153.130.030 Corner lot 8 ft 8 ft Reversed corner lot 10 ft 10 ft Rear Yard Setback-Minimum 10 ft 10 ft 153.130.030 Open Space Area,Private-Minimum 15%net lot 15%net 153.040.030 area lot area Distance between Buildings-Minimum 10 ft 8 ft (1) All garage faces must be set back a minimum of 20 feet from the front or side yard, whichever yard from which access is obtained, except garages with roll-up doors are permitted a minimum setback of 18 feet from the front or side yard. PART 3 - Housing Incentives § 153.040.120 - Intent and Purpose These standards establish development policies that assist in the provision of affordable housing for low-and moderate-income households. § 153.040.130 - Density Bonus Incentive Density bonus shall be granted if a development meets California Government Code§65915. 153.040 Residential Zones 153.040-13 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Residential Zones 153.040 § 153.040.140 - General Requirements A. Conditional use permit. A conditional use permit is required for any project in which agreement with the city is entered pursuant to California Government Code§65915. The permit shall be obtained prior to the effective date of such agreement. B. Development plan. A development plan submittal is required which shall contain the following: 1. Location of dwelling units within the project intended for affordable housing. 2. Total number of rental dwelling units and for-sale dwelling units within the project. 3. Proposed rent schedules and/or sale prices. § 153.040.150 - Development Standards Affordable housing units permitted by such density incentives shall comply with the following development standards: A. Location/dispersal of units. Affordable housing units shall be reasonably dispersed throughout the project. B. Average number of bedrooms. The average number of bedrooms per designated affordable housing dwelling unit shall be consistent with the average number of bedrooms per unit in the project. C. Harmonious design. Affordable housing units shall be designed harmoniously with the architectural styles of other units in the project. § 153.040.160- Resale and Rental Controls A. Recording, covenant and city review. An agreement shall be recorded in the County Recorder's office and shall constitute a covenant running with the land. The agreement shall ensure continued affordability of all low- and very low income units that qualified for a density bonus award for 30 years or a longer period of time pursuant to California Government Code §65915. Individual, affordable, for-sale housing units shall be owner- occupied.Upon change in ownership of an affordable housing unit,notice shall be given to the city. The city shall review each owner proposed to occupy an affordable housing unit to determine eligibility of such owner. B. City's right of refusal. The city shall have the right of refusal to lease affordable rental housing units. The city shall assign units to prospective tenants determined to be eligible 153.040 Residential Zones 153.040-14 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Residential Zones 153.040 by the city. Upon subsequent termination of tenancy, the right of refusal shall revert to the city for subsequent assignment to an eligible tenant. PART 4 - Mobile Home Parks § 153.040.170 - Intent and Purpose These standards provide for the regulation and control of the construction, development or expansion of mobile home parks. § 153.040.180- Use Regulations A. Conditional use permit. The construction, development or expansion of a mobile home park requires the issuance of a conditional use permit. B. Accessory structures and facilities. All accessory structures, recreation buildings and other facilities for the sole use of the occupants of the mobile home park are permitted. § 153.040.190 - Development Standards A. Mobile home park construction, development and expansion. The construction, development or expansion of mobile home parks shall comply with the following development standards: 1. The development site area shall be 2 acres gross. 2. The minimum front yard setback shall be 15 feet, and such setback shall be landscaped with live plant materials. 3. The minimum side yard setback shall be 5 feet and the minimum street side yard setback shall be 10 feet, and such setbacks shall be landscaped with live plant materials. 4. The minimum rear yard setback shall be 20 feet, and such setback shall be landscaped with live plant materials. 5. Each mobile home park shall provide walls and fences as required by subchapter 153.130,Site Planning and General Development Standards. 6. Lighting facilities for safety and security purposes shall be provided within each mobile home park. 153.040 Residential Zones 153.040-15 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Residential Zones 153.040 7. Each mobile home park shall provide a minimum of 50 cubic feet of storage for each dwelling unit. 8. Refuse storage areas shall be provided in accordance with subchapter 153.130, Site Planning and General Development Standards, and as follows: a. To accommodate up to 6 dwelling units, the refuse storage area shall be at least 25 square feet. b. To accommodate greater than 6 dwelling units, an extra 2 square feet per dwelling unit shall be added to the refuse storage area. c. For mobile home parks supplied with a trash compactor device, the required areas set forth in (1) and (2) above may be reduced by 50 percent. d. The Planning Division shall approve the specific locations of refuse storage areas and trash pickup areas. B. Mobile home lot construction, development, and expansion. The construction, development or expansion of each individual mobile home lot shall comply with the following development standards: 1. The minimum lot area shall be 2,500 square feet. 2. Each mobile home lot shall have two parking spaces, one of which shall be covered. Tandem parking spaces are permitted. 3. Excluding yard areas, each mobile home lot shall have a minimum of 300 square feet of landscaped open space as follows: a. A minimum of 200 square feet of private open space shall be maintained directly adjacent to each mobile home. b. A minimum of 100 square feet of common open space per dwelling unit shall be centrally located on the site. 153.040 Residential Zones 153.040-16 SUBCHAPTER 153.050- COMMERCIAL AND INDUSTRIAL ZONES Section Contents: §153.050.010 Intent and Purpose §153.050.020 Use Regulations §153.050.030 Development Standards §153.050.040 Accessory Uses §153.050.050 Outdoor Storage and Use §153.050.060 Other Applicable Regulations § 153.050.010 - Intent and Purpose Five commercial and industrial zones are established to meet the commerce and service needs of the resident and business communities while ensuring compatibility with adjacent land uses. The zones are designed to accommodate different types and intensifies of commercial and industrial development. A. Neighborhood Commercial Zone (C-1) The C-1 zone provides areas for the development and protection of neighborhood-scale, low-intensity retail and service commercial uses that provide conveniences to neighborhood residents. B. General Commercial Zone (C-2) The C-2 zone provides areas for the development of a broad range of retail, service and entertainment designed to meet the shopping and service needs of the local residential and business communities. C. Freeway Commercial Zone (F-C) The F-C zone provides areas for the development of freeway-oriented, regional-serving retail and office complexes and complementary regional commercial centers. D. Industrial-Commercial Zone (I-C) The I-C zone provides areas for the development of industrial parks, office complexes and light manufacturing businesses. 153.050 Commercial and Industrial Zones 153.050-1 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Commercial and Industrial Zones 153.050 E. Industrial Zone (I) The I zone provides areas for the development of industries engaged in general assembly,manufacturing and processing, and support commercial uses. § 153.050.020 — Use Regulations A. Permitted uses. Table 153.050.020 identifies the permitted uses within all commercial and industrial zones. B. Conditional uses. Certain uses may be subject to special conditions regarding the location, operation, design or special permitting requirements of the use. References to these provisions are made in Table 153.050.020. C. Prohibited uses. If a use is not specifically listed in Table 153.050.020, that use is prohibited. However, the Zoning Administrator shall have the authority to determine whether the proposed use shall be permitted based on the finding that the use is similar to and no more detrimental than a particular use permitted in the zone. D. New merchandise. Any use that involves the sale of merchandise, retail or wholesale shall limit these sales to only new merchandise. This shall not apply to antique shops, secondhand stores, used automotive sales and other uses approved by the Director of Community Development. 153.050 Commercial and Industrial Zones 153.050-2 CITY OF BALD WIN PARK—CHAPTER 153:ZONING CODE Commercial and Industrial Zones 153.050 TABLE 153.050.020 P Pernirtteduse Permitted and Conditionally Permitted CUP i Condrtronal:;use'permit required Uses within Commercial and . : A.: + Accessory use Industrial.Zones - Use not allowed Additional- - < Land Use "' ,.,:;,. C-1 ;.0-2 F-C I-C ; ;.I ' """- Regulations. Acupressure/Acupuncture Establishments -- -- -- -- -- Adult-Oriented Businesses -- -- -- P P 153.120 Part 1 Alcohol Sales 153.120 Part 2 a. On-Sale Outlets CUP CUP CUP CUP CUP b. Off-Sale Outlets CUP CUP CUP CUP CUP Antique Shops -- P -- P -- Arcades and Internet Cafes -- CUP -- CUP -- 153.120 Part 3 Art/Photography Stores,Studios and Galleries -- P P P -- Astrology and Fortunetelling Establishments CUP Automotive Sales and Services a. Automotive Detailing -- CUP -- CUP -- b. Automotive Repair and Installation -- CUP -- CUP CUP Automotive wash c. Automotive Sales,Rental and Leasing -- -- CUP CUP CUP accessory to a (new) CUP permitted sales or d. Automotive Sales,Rental and Leasing -- -- -- CUP rental facility is (used) P permitted e. Automotive Parts Supply Stores P P P P CUP f. Automotive Washes -- CUP -- CUP Banks and Financial Institutions -- P P P P Boat Sales(new or used) -- CUP CUP CUP CUP Business Support Services(blueprinting, -- P P P P computer-services,publishing,film processing, equipment rental,etc.) Catering Establishments -- P -- P P Commercial Entertainment(motion picture -- CUP CUP CUP -- theaters,performing arts centers, dance halls) Congregate Living Health Facilities CUP CUP -- -- -- Day Care Facilities-Child CUP CUP -- -- -- 153.120 Part 6 Day Care Facilities-Adult CUP CUP -- -- -- Drive-through Establishments -- CUP CUP CUP CUP 153.120 Part 7 Drug Stores and Pharmacies P P CUP P -- 153.050 - Commercial and Industrial Zones 153.050-3 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Commercial and Industrial Zones 153.050 TABLE 153.050.020 Permitted and Conditionally Permitted use Conditional use permit required Uses within Commercial and A Accessory rise'' Industrial Zones " -- Use not allowed Additional Land Use C-1 C-2 F-C ,.I-C 1 Regulations Educational Institutions a. College,University,Professional -- CUP -- CUP CUP 153.040.030 b. Elementary and Secondary(private) -- CUP -- CUP -- 153.040.030 c. Elementary and Secondary(public) P P P P P d. Vocational and Trade Schools -- -- -- CUP CUP 153.040.030 Emergency Shelters -- -- -- P -- 153.120 Part 16 Equipment Sales,Rental or Repair—Large -- -- -- CUP CUP Equipment Equipment Sales,Rental or Repair(excludes -- PP P P automotive and large equipment) Food and Beverage Sales a. Grocery Stores(includes large,full-service -- P CUP P P markets) b. Specialty Stores(deli, coffee,bakery, PP P P P produce) c. Convenience Stores CUP CUP CUP CUP CUP d. Liquor Stores -- CUP -- CUP CUP 153.120 Part 2 Food Processing Plant -- -- -- -- CUP Game Machines A A A A A 153.050.040 Helistops,Heliports -- -- -- -- -- Heliports associated with permitted hospitals may be permitted in association with any valid discretionary permit Home Improvement Store -- CUP CUP CUP CUP Hospitals and Medical Services: a. General Hospital Facilities(primarily -- CUP CUP CUP -- 153.040.030 inpatient) b. Medical/Dental Offices P P P P -- c. Ambulance Services -- -- A CUP CUP Hotels and Motels -- CUP CUP CUP -- 153.120 Part 9 — Kennels -- -- -- CUP CUP Laundry Facilities,Commercial(carpet, -- -- -- CUP CUP upholstery,etc) 153.050 Commercial and Industrial Zones 153.050-4 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Commercial and Industrial Zones 153.050 TABLE 153.050 020 P Permitted use Permitted and Conditionally Permitted uP Conditional use permit required Uses within Commercial and A Accessory use Industrial Zones -- Use not allowed Additional Land Use C-1 C-2 F-C + ;I-C ' I Regulations Manufacturing,Assembly,Industrial,Welding, -- -- -- P P This use category Storage,Fabrication,Research and Testing applies to both raw Establishments and previously prepared materials, excluding uses involving an incinerator,blast furnace or other similar industrial process(e.g.,batch plants,truss manufacturing, canneries,co- generation plants, equipment assembly). Uses involving an incinerator,blast furnace or other similar industrial process shall require a Conditional Use Permit. Massage Establishments and Services -- -- -- -- -- 153.120 Part 17 Medical Marijuana Dispensaries -- -- -- -- -- Mortuaries -- CUP -- CUP -- Multiple Tenant Retail-Small -- P -- -- -- Multiple Tenant Retail-Large -- -- P -- -- Nightclubs -- CUP -- CUP -- Nightclubs accessory to a permitted primary use are permitted, provided the permit for the primary use expressly identifies the nightclub as an accessory use 153.050 Commercial and Industrial Zones 153.050-5 CITY OF BALDWIN PARK—CHAPTER 153:ZONING CODE Commercial and Industrial Zones 153.050 TABLE 153.050.020 P " Permitted.use Permitted and Conditionally Permitted CUP; Conditional use permit required Uses within Commercial and A" Accessory use Industrial Zones Use not allowed Additional Land Use C-1 C-2 F-C I-Cf I Regulations Off-Street Parking Facility CUP CUP CUP CUP CUP Must be located within 300 ft of the primary use/parcel Offices—Business and Professional P P P P P Outdoor Storage and Use -- A -- A A 153.050.050 Parcel Delivery Terminals -- -- -- CUP CUP Personal Services(barber shops,beauty P P -- P P salons/spas,tailors,dry cleaning,self-service laundry,mailbox services,etc.) Pet Stores P P P -- -- Places of Assembly CUP CUP -- CUP CUP Recreational Facilities a. Dance or Martial Arts Studios P P -- -- -- b. Health Clubs and Gymnasiums -- CUP CUP CUP CUP c. Indoor Facilities(billiards,bowling alleys, -- CUP CUP CUP CUP 153.120 Part 5 etc.) d. Outdoor Facilities(batting cages,golf -- -- -- CUP CUP courses,etc.) Recycling Facilities(mobile or staffed facilities) -- CUP -- CUP CUP No more than one recycling facility shall be permitted within a radius of 3,000 feet. Restaurant: a. Restaurant with no Alcohol Sales P PP P P b. Restaurant with Alcohol Sales CUP CUP CUP CUP CUP 153.120 Part 2 Retail Shops P P P PP Secondhand Stores -- CUP -- -- -- Self-Storage Facility(mini-warehouse) -- -- -- CUP CUP Indoor Storage only. Service Stations -- CUP CUP CUP CUP 153.120 Part 12 Studios(film,motion picture,research,testing, -- -- -- P P etc.) Swap Meets -- -- -- -- -- Tobacco Shops CUP Transportation Facilities(bus or truck terminals, -- -- -- -- -- taxi dispatch yards,etc.) 153.050 Commercial and Industrial Zones 153.050-6 CITY OF BALDWIN PARK—CHAPTER 153:ZONING CODE Commercial and Industrial Zones 153.050 TABLE 153.050.020 P ' ":' Permitted use Permitted and Conditionally Permitted CUP Conditional use permit required Uses within Commercial and'. , A Accessory.use Industrial Zones. Use not allowed Additional Land Use C-1 .0 2 .F-C I-C I Regulations Tobacco Shops -- Vending Machines 153.050.040 a. Regular A A A A A b. Reverse -- A A A A Veterinary Services(clinic and hospital) -- CUP -- CUP CUP Warehouses -- -- -- -- CUP Wholesale Sales A A A A A § 153.050.030 - Development Standards Table 153.050.030 identifies the development standards applicable to all development in commercial and industrial zones. Certain development standards may be subject to special conditions. References to these provisions are provided here or are referenced Table 153.050.030. See also Figure 153.050.030-1 for illustration of specific standards. A. Shared property lines with a lot zoned for residential use. 1. Wherever a commercially or industrially zoned reversed corner lot shares a rear property line with an exclusively residential or a mixed use zoned lot, a minimum 15-foot wide street side yard area shall be maintained. 2. Wherever a commercially or industrially zoned lot shares a property line with an exclusively residential or a mixed use zoned lot, any exterior new structure, or addition to an existing structure, that exceeds one story in height and that faces any rear or side lot line shall be set back twice the required setback. 3. Whenever a commercially or industrially zoned lot shares a side or rear property line with an exclusively residential or a mixed use zoned lot, a 6-foot tall solid masonry wall shall be provided, along or adjacent to all such side and rear lot lines pursuant to § 153.160.050. The wall shall conform to the height regulations applicable to front yard areas of the residentially zoned lot having the common lot line.A landscape buffer shall also be provided along the shared lot lines. 153.050 Commercial and Industrial Zones 153.050-7 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Commercial and Industrial Zones 153.050 B. Driveway abutting a building wall facing side or rear yard. Wherever a permitted driveway abuts a wall of a building facing a side or rear yard area, that portion of the wall shall be located at least 20 feet from the lot line. Table 153.050.030 Development Standards for Commercial and Industrial Zones Development Standards NC GC FC I-C I Additional Regulations Lot Area-Minimum 5,000 sf 5,000 sf 4 ac 40,000 sf 5,000 sf Lot Depth-Minimum -- -- 200 ft 200 ft -- Lot Width-Minimum Standard lot 50 ft 50 ft 300 ft 150 ft 50 ft See Figure Corner lot 55 ft 55 ft 300 ft 150 ft 55 ft 153.050.030-1 Lot Coverage-Maximum 50% 50% 50% 50% 50% Front Yard Setback-Minimum Standard lot -- 5 ft 5 ft 10 ft 5 ft Corner lot -- 5 ft 10 ft 15 ft -- 153.130.030 Lot adjacent to a residentially Same as front yard requirement of zoned lot residentially zoned lot Side Yard Setback-Minimum Standard lot -- -- 10 ft 10 ft Lot adjacent to a residentially 10 ft 10 ft 10 ft 10 ft 10 ft 153.130.030 zoned lot Rear Yard Setback-Minimum Standard lot -- -- 10 ft 10 ft Lot adjacent to a residentially 10 ft 10 ft 10 ft 10 ft 10 ft 153.130.030 zoned lot Building Height-Maximum 25 ft 35 ft 6 35 ft 25 ft stories 153.130.040 153.050 Commercial and Industrial Zones 153.050-8 CITY OF BALDWIN PARK—CHAPTER 153:ZONING CODE Commercial and Industrial Zones 153.050 Figure 153.050.030-1 -Development Standards for Commercial and Industrial Zones R Zone 1 ,- I'-- �, '—Lt-' ---�----; REAR �.. _,1' 10` REAR YARD 15' YARD ! "' "x=; , :4,40.4 fps b� �� � 10%of lot r wid 2xZ a' . th *5 x � � max' 1 ( SIDE SIDE YARD YARD t `* . FRONT YARD 15 I ;44 gt° 1`1, ' I �, FRONT YARD ......._\_...—.1,__..-1,-----_4_-__._.—.— sidewalk and Parkway R Zone C or I Zone I —_ 10%of f _r lot 2x IP 14.cj€' , width -_ ' �i. 30' n I I. ` ::� 15' �� 11�� 5' X Min" 1111".. ..1 .111 ari i I XI NJ R Zone ':.C or l'Zone kkk Note:'Drawings not to scale 153.050 Commercial and Industrial Zones 153.050-9 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Commercial and Industrial Zones 153.050 § 153.050.040 — Accessory Uses A. Game machines. Game machines shall be permitted as an accessory use, provided that all of the following standards are complied with: 1. No more than 3 game machines shall be permitted at any one business, provided all other applicable licenses and permits required by this code are obtained. 2. Any establishment with a game machine shall prohibit persons 17 years of age and under from using any game machine between the hours of 8:00 A.M.and 3:00 P.M., Monday through Friday. This restriction shall not apply during school holidays and school vacations recognized by public schools within the city. 3. A game machine shall not be located within 500 feet of a child care facility or an educational institution which conducts classes for kindergarten through 12th grades. B. Vending Machines. Regular vending machines shall be permitted as an accessory use, provided that the maximum number of such vending machines permitted on any lot shall be limited as follows: 1. Lots with a lot width of 50 feet or less, 1 regular vending machine. 2. Lots with a lot width of 150 feet or less,2 regular vending machines. 3. Lots with a lot width of 150 feet or more, 3 regular vending machines. C. Reverse vending machines. Reverse vending machines shall be permitted as an accessory use, provided that all of the following standards are complied with and a zoning clearance has been obtained pursuant to subchapter 153.210, Administrative Procedures: 1. Each reverse vending machine must be capable of dispensing cash for aluminum and non-aluminum metals,glass and plastic. 2. Each reverse vending machine shall be located adjacent to a building wall and within 20 feet from the main entrance to a supermarket. 3. The size and bulk of each reverse machine shall not exceed 50 square feet and the height shall not exceed 8 feet. 4. The location of each reverse vending machine shall not obstruct pedestrian or vehicular circulation. 153.050 Commercial and Industrial Zones 153.050-10 CITY OF BALDWIN PARK—CHAPTER 153:ZONING CODE Commercial and Industrial Zones 153.050 5. Each reverse vending machine shall be constructed with durable waterproof and rustproof materials. 6. Each reverse vending machine shall be illuminated to ensure comfortable and safe operation. 7. Each reverse vending machine shall be available and in operation during the operating hours of the supermarket. B. Signage on a reverse vending machine shall not exceed a total background sign face area of 4 square feet,exclusive of operating instructions. 9. Each reverse vending machine shall clearly identify the type of materials that may be deposited, operating instructions and the identity and phone number of the owner or a person to call if the machine is inoperative 10. Each reverse vending machine shall be maintained in a clean and litter-free condition on a daily basis. 11. The color of the reverse vending machine shall be in harmony with the surrounding buildings and development. § 153.050.050— Outdoor Storage and Uses A. Outdoor storage of materials. Outdoor storage of materials shall be limited to the accessory storage of goods sold or utilized by the principal use of the lot where permitted by Table 153.050.020. All materials shall be entirely screened from view from public rights-of-way by a 6-foot tall solid fence or masonry wall. B. Outdoor storage areas. Any areas developed and/or used for outdoor storage and use shall comply with the most current National Pollutant Discharge Elimination System (NPDES) Permits Implementation of Best Management Practices (BMP) and maintenance of those BMPs. C. Uses restricted to indoors. No manufacturing or assembly operations shall be performed outside of an enclosed building. With the exception of the following uses or businesses, all activities shall be conducted within a completely enclosed building: 1. Service stations 2. Outdoor dining and food service in conjunction with a cafeteria, cafe, restaurant or similar establishment 153.050 Commercial and Industrial Zones 153.050-11 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Commercial and Industrial Zones 153.050 3. Other uses as approved by the Zoning Administrator through the Zoning Code interpretation process pursuant to subchapter 153.210, Administrative Procedures D. Outdoor sale and display screening. With the exception of the following uses or businesses, all other outdoor sale and display areas shall be entirely screened from view from public rights-of-way with a 6-foot tall solid fence or masonry wall: 1. Motor vehicles, trailers or boat sales 2. Pool and spa sales 3. Nursery plants and flower sales 4. Newspaper stalls 5. Other sales and display areas as approved through a conditional use permit or similar discretionary permit E. Outdoor sale and display location. No outdoor sale or display area shall occupy any required parking spaces or required yard areas. § 153.050.060 - Other Applicable Regulations In addition to the requirements contained in this chapter regulations contained in the following subchapters of this chapter may apply to development in the commercial and industrial zones: 153.090 Sierra Vista Zone 153.110 Specific Plan Zone 153.120 Standards for Specific Land Uses and Activities 153.130 Site Planning and General Development Standards 153.140 Performance Standards 153.150 Off-Street Parking and Loading 153.160 Landscaping Standards 153.170 Sign Regulations 153.180 Antennas and Other Telecommunication Facilities 153.200 Nonconforming Lots,Structures and Uses 153.210 Administrative Procedures 153.050 Commercial and Industrial Zones 153.050-12 SUBCHAPTER 153.060 - OPEN SPACE ZONE Section Contents: §153.060.010 Intent and Purpose §153.060.020 Use Regulations §153.060.030 Other Applicable Regulations § 153.060.010 — Intent and Purpose The Open Space zone is established to maintain open space areas in the city for recreational opportunities and to prevent incompatible development in areas that should be preserved or regulated for scenic, recreational, conservation, aesthetic or health and safety purposes. § 153.060.020— Use Regulations A. Permitted uses.The following uses are permitted within the Open Space zone: 1. Public school buildings and associated facilities 2. Public recreational uses 3. Public utility rights-of-way 4. Flood control channels and similar flood control structures 5. Creeks,rivers, spreading grounds and other similar water courses B. Conditional uses. The following uses may be permitted within the Open Space zone upon issuance of a conditional use permit obtained pursuant to subchapter 153.210, Administrative Procedures: 1. Agricultural and horticultural cultivation 2. Private recreational uses 3. Off-street parking in conjunction with an adjacent commercial or industrial use § 153.060.030 — Other Applicable Regulations In addition to the requirements contained in this subchapter, regulations contained in the following subchapters of this chapter may apply to this zone: 153.060 Open Space Zone 153.060-1 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Open Space Zone 153.060 153.130 Site Planning and General Development Standards 153.140 Performance Standards 153.150 Off-street Parking and Loading 153.160 Landscaping Standards 153.170 Sign Regulations 153.180 Antennas and Other Telecommunication Facilities 153.200 Nonconforming Lots,Structures and Uses 153.210 Administrative Procedures 153.060 Open Space Zone 153.060-2 SUBCHAPTER 153.070 - MIXED-USE ZONES 4434 Section Contents: §153.070.010 Intent and Purpose §153.070.020 Use Regulations §153.070.030 Development Standards §153.070.040 Additional Development Standards for Mixed-Use Developments §153.070.050 Residential Open Space §153.070.060 Outdoor Storage and Uses §153.070.070 Other Applicable Regulations § 153.070.010 - Intent and Purpose Two mixed-use zones are established to provide development opportunities for integrated, complementary residential and commercial development on the same parcel or a contiguous group of parcels. For the purpose of this Zoning Code, mixed-use developments shall comply with nonresidential standards when no mixed use standards exist. A. Mixed-Use Zone 1 (MU-1) The MU-1 zone is established to create opportunities for development that integrates 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- and high-density residential uses built to complement such uses. The MU-1 zone is intended to create districts that support complementary uses and activities, particularly in the city's downtown, and to promote development and uses which are functionally integrated by location and types of structures, the efficient use of land, optimal site planning and various public and private realm design elements. B. Mixed-Use Zone 2 (MU-2) The MU-2 zone is established to create opportunities for mixed-use developments that emphasize medium- and high-density residential uses, with limited commercial, institutional, office and service uses. Such projects consist of building approaches which respect the scale and design to the local street environment and adjacent residential neighborhoods. Commercial uses are oriented toward meeting more local neighborhood needs. 153.070 Mixed Use Zones 153.070-1 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Mixed Use Zones 153.070 § 153.070.020 — Use Regulations A. Permitted uses. Table 153.070.020 identifies the permitted uses in the MU-1 and MU-2 zones. B. Conditional uses. Certain uses may be subject to special conditions regarding the location,operation or design of the use.References to these provisions are made in Table 153.070.020. C. Prohibited uses. If a use is not specifically listed in Table 153.070.020, that use is prohibited. However, the Zoning Administrator shall have the authority to determine whether the proposed use is permitted based on the finding that the use is similar to and no more detrimental than a particular use permitted in the zone. D. Mixed uses. Permitted uses identified in Table 153.070.020 may be established on a single site as an integrated project, subject to the provisions of subchapter 153.120 related to Mixed Use Development. Stand-alone commercial uses are permitted in Mixed Use Zones. In Mixed Use Zones, all new development is required to include a commercial component. TABLE 153.070.020 P Permitted use CUP Conditional.use permit required Permitted and Conditionally Permitted Uses A Accessory use within Mixed-Use,Zones -- " Use not allowed Land Use MU-1 MU-2 Specific Regulations Acupressure/Acupuncture Establishments -- -- Alcohol Sales 153.120 Part 2 a. On-Sale Outlets CUP CUP b. Off-Sale Outlets CUP CUP Antique Shops P -- Arcades and Internet Cafes CUP CUP 153.120 Part 3 Art/Photography Stores,Studios and Galleries P P Banks and Financial Institutions CUP -- Business Support Services(blueprinting,computer- P P services,film processing,small equipment rental,etc.) Catering Establishments p -- Commercial Entertainment(motion picture theaters, CUP -- performing arts centers,dance halls) Day Care Centers—Child CUP CUP 153.120 Part 6 Day Care Centers—Adult CUP CUP Drug Stores and Pharmacies P P 153.070 Mixed Use Zones 153.070-2 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Mixed Use Zones 153.070 TABLE 153.070.020 P Permitted use CUP :;; :Conditiol t Permitted and Conditionally Permitted Uses na use permi required A Accessory use :. within Mixed-Use Zones Use:not allowed Land Use :: MU-1 MU-2 Specific Regulations Dwelling Units Housing portion of a. Detached Single-Family Dwelling Units -- -- horizontal mixed use b. Multiple-Family Dwelling Units P P not allowed at intersection corner. Educational Institutions a. College,University,Professional CUP -- b. Elementary and Secondary(private) CUP CUP c. Elementary and Secondary(public) P P d. Vocational and Trade Schools CUP -- Food and Beverage Sales a. Grocery Stores(includes large,full-service markets) P P b. Specialty Stores(deli,coffee,bakery,produce) P P c. Convenience Stores P P d. Liquor Stores CUP CUP 153.120 Part 2 Game Machines A A 153.050.040 Home Improvement Stores CUP -- Home Occupations 1 A A 153.120 Part 8 Hotels and Motels CUP -- 153.120 Part 9 Massage Establishments and Services -- -- 153.120 Part 17 Medical/Dental Offices CUP CUP Only allowed on second floor or above Medical Marijuana Dispensaries -- -- Multiple Tenant Retail-Small P -- Nightclubs CUP -- Nightclubs accessory to a permitted primary use are permitted in the MU-1 zone,provided the permit for the primary use expressly identifies the nightdub as an accessory use Off-Street Parking Facility CUP CUP Must be located within 300 ft of the primary use/parcel 153.070 Mixed Use Zones 153.070-3 CITY OF BALDWIN PARK—CHAPTER 153:ZONING CODE Mixed Use Zones 153.070 P; Permitted use TABLE 153.070.020 s. CUP Conditional use permit required Permitted and Conditionally Permitted Uses ' A Accessory use within Mixed-Use Zones=_. -. _: use not allowed Use MU-1 MU-2 Specific Regulations Offices—Business and Professional P P Only allowed on second floor or above Outdoor Storage and Use A A 153.070.060 Personal Services(barber shops,beauty salons/spas, P P tailors,dry cleaning, self-service laundry,etc.) Pet Stores CUP CUP Places of Assembly CUP CUP Located on second floor or above only Recreational Facilities a. Health Clubs and Gymnasiums CUP -- b. Dance or Martial Arts Studios P CUP Residential Care Facilities CUP CUP Restaurants a. Restaurants with no Alcohol Sales P P b. Restaurants with Alcohol Sales CUP CUP 153.120 Part 2 Retail Shops P P Vending Machines a. Regular A -- 153.050.040 b. Reverse A -- Secondhand Stores -- -- Notes:(1)A home occupation permit must be obtained from the Business License Department. E. Limitations on use. The nonresidential component of a mixed-use project shall be a use allowed within the applicable mixed-use zone, subject to the following additional limitations. 1. In the MU-1 and MU-2 zones, no more than 50 percent of the ground floor shall be developed with and dedicated to residential uses. 2. The following uses and activities shall not be permitted within any mixed-use development: a. Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, or any similar use. 153.070 Mixed Use Zones 153.070-4 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Mixed Use Zones 153.070 b. Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use. c. Manufacturing or industrial activities, including but not limited to welding, machining,or any open flame work. d. Any other activity or use, as determined by the responsible review authority to not be compatible with residential activities and/or to have the possibility of affecting the health or safety of live/work unit residents due to the potential for the use to create dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or other impacts, or would be hazardous because of materials, processes, products,or wastes. 3. After approval, a mixed-use building shall not be converted to entirely residential use. § 153.070.030 - Development Standards A. General. Table 153.070.030 identifies the development standards applicable to all development in the mixed-use zones. Certain development standards may be subject to special conditions. These standards are provided here or where otherwise referenced. TABLE 153.070.030;=: Development Standards for Mixed- Use Zones Development Standards MU-1 338 MU 2 Specific Regulations Lot Area-Minimum 15,000 sf 15,000 sf Lot Depth-Minimum 100 ft 100 ft Lot Width-Minimum 50 ft 40 ft Lot Coverage-Maximum 70% 60% Front Yard Depth-Minimum 0 ft 0 ft 153.130.030 Ground-floor residential uses shall have a minimum front yard depth of 10 ft Side Yard Width-Minimum 0 ft 10 ft 153.130.030 Ground-floor residential uses shall have a minimum side yard depth of 10 ft 153.070 Mixed Use Zones 153.070-5 CITY OF BALD WIN PARK-CHAPTER 153:ZONING CODE Mixed Use Zones 153.070 TABLE 153.070.030 Development Standards for Mixed= Use Zones Development Standards MU-1` MU-2 Specific Regulations Rear Yard Depth-Minimum 10 ft 15 ft 153.130.030 Common Open Space Area-Minimum Minimum 100 sf per unit Required for residential uses only.Minimum dimension shall be 20 ft. Private Open Space Area-Minimum Minimum 36 sf per unit Required for residential uses only.Minimum dimension shall be 6 ft. Floor-Area Ratio-Maximum for 1.5 1.5 Commercial Only Development Floor-Area Ratio -Maximum for Mixed- 2.0 2.0 use Development Residential Density-Maximum 30 du/ac 15 du/ac if parcel less than 20,000 sf; 30 du/acre if parcel greater than 20,000 sf Building Height-Maximum 50 ft 35 ft 153.130.040 Floor Areas-Minimum Efficiency 500 sf 500 sf One Bedroom 700 sf 700 sf Two Bedrooms 900 sf 900 sf Three Bedrooms 1,100 sf 1,100 sf Each Additional Bedroom 200 sf 200 sf B. Pedestrian access. Pedestrian access from the public right-of-way shall be incorporated into all development within the MU-1 and MU-2 zones. The design of new projects shall promote walkability and connectivity to include design and orientation standards such as: 1. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas and pedestrian amenities. 2. Lighting shall be incorporated along sidewalks or other pedestrian walkways to enhance the pedestrian environment and provide for public safety. Lighting shall be low mounted and downward casting in a manner that reduces light trespass onto adjacent properties. 153.070 Mixed Use Zones 153.070-6 CITY OF BALDWIN PARK—CHAPTER 153:ZONING CODE Mixed Use Zones 153.070 3. Connections between on-site walkways and the public sidewalk shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage. Such walkway shall be the shortest practical distance between the primary entry and sidewalk, generally no more than 125 percent of the straight line distance. C. Parking. 1. Surface parking shall be located on the interior side or rear of the site to the greatest extent practicable. Surface parking between the sidewalk and buildings shall be prohibited. 2. Any parking structure with at least one floor of parking at grade or above, and which contains primary property frontage along a primary street, shall incorporate wrapped residential uses or retail businesses with shopping windows viewable from the sidewalk along the ground floor, or two or more of the following features: (a) display or shopping windows; (b) landscape material (e.g., foundation plantings, vertical trellis with vines, planter boxes with cascading landscape material) that results in the parking structure being adequately screened from adjoining parcels; (c) architectural detailing and articulation that provides texture on the facade or structure openings and effectively integrates the parking structure into the basic building design; and/or (d) artwork such as sculptures,murals, and mosaics. D. Building orientation and entrances. Street-facing primary entrances for nonresidential uses shall be unlocked and accessible to the public during business hours. Residential and nonresidential entries shall be clearly defined features of front facades, and of a scale that is in proportion to the size of the building and number of units being accessed. Larger buildings shall have a more prominent building entrance, while maintaining a pedestrian scale. E. Building transparency/windows and openings facing streets. Placement and orientation of doorways, windows, and landscape elements shall create strong, direct relationships with the street. Street-facing facades of all buildings shall incorporate windows and openings providing light to adjacent spaces,rooms, and uses. 1. Commercial ground-floor uses. Windows and openings facing streets shall constitute a minimum of 50 percent of street-facing building faces. Windows 153.070 Mixed Use Zones 153.070-7 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Mixed Use Zones 153.070 shall provide a clear and transparent view into ground floor-uses or shall display • merchandise to reinforce a pedestrian scale. 2. Commercial upper-floor uses. Windows and openings facing streets shall constitute a minimum of 40 percent of street-facing building faces. 3. Residential ground-floor uses. Windows and openings facing streets shall constitute a minimum of 30 percent of street-facing building faces. 4. Residential upper-floor uses. Windows and openings facing streets shall constitute a minimum of 20 percent of street-facing building faces. H. Shared property lines with a residentially zoned lot. 1. Wherever a mixed-use zoned reversed corner lot shares a rear property line with a residentially zoned lot and nonresidential uses are located within 15 feet of that rear property line, a minimum 15-foot wide street side yard area shall be maintained. 2. Whenever a mixed-use zoned lot shares a side or rear property line with a residentially zoned lot, and nonresidential uses are located within 15 feet of that side or rear property line, a six-foot tall solid masonry wall shall be provided, along or adjacent to all such side and rear lot lines pursuant to§ 153.160.050. The wall shall conform to the height regulations applicable to front yard areas of the residentially zoned lot having the common lot line. A landscape buffer shall also be provided along the shared lot lines. I. Driveway abutting a building wall facing side or rear yard. Wherever a permitted driveway abuts a wall of a building facing a side or rear yard area, that portion of the wall shall be located at least 20 feet from the lot line. J. Entrances. When nonresidential and residential uses are located in the same building, separate pedestrian entrances shall be provided for each use. The entrances for nonresidential uses shall be designed to be visually distinct from the entrances for residential uses. § 153.070.040 — Additional Development Standards for Mixed-Use Developments This Section provides additional development standards for mixed-use developments. The primary intent of these standards and criteria is to balance the needs of nonresidential uses for 153.070 Mixed Use Zones 153.070-8 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Mixed Use Zones 153.070 access, visibility, parking, loading, safety, and economic development with the needs of residential uses for privacy, security, and relative quiet. A. Loading and unloading activities of mixed-use developments. Where applicable, the covenants, conditions, and restrictions of a mixed-use development shall indicate the times when the loading and unloading of goods may occur on the street, provided that, in no event, shall loading or unloading take place after 10:00 P.M. or before 7:00 A.M. on any day of the week. B. Lighting standards for mixed-use developments. Lighting for nonresidential uses shall be appropriately designed, located, and shielded to ensure that they do not negatively impact the residential uses in the development nor any adjacent residential uses. C. Recycling and refuse storage facilities standards for mixed-use developments. Recycling and refuse storage facilities for nonresidential uses shall be located as far as possible from residential units and shall be completely screened from view from the residential portion of the development. Recycling and refuse storage facilities for nonresidential uses shall be compatible in architectural design and details with the overall project. The location and design of trash enclosures shall mitigate nuisances from odors when residential uses might be impacted. Trash areas for food service and sales uses,when occupying the same building as residential uses, shall be refrigerated to control odor. D. Integration and standards for nonresidential uses in vertical mixed-use buildings. 1. Nonresidential uses shall be located along street frontages and shall have a minimum depth of 18 feet. The responsible review authority may reduce the depth requirements for nonresidential uses located on a secondary street. 2. On corner parcels, the nonresidential space shall turn (wrap around) the corner for a distance of at least 50 percent of the building façade, but not less than 30 feet along secondary/side streets. The termination of use shall occur at an architectural break in the building. E. Residential noise notice. Residents of new mixed-use development projects in the Mixed Use Zones (MU-1 or MU-2), whether owners or tenants, shall be notified in writing before taking up residence that they will be living in an urban-type environment and that the noise levels may be higher than a strictly residential area. The covenants, conditions, and restrictions of a residential or mixed-use project shall require that prospective residents acknowledge the receipt of the written noise notification. Signatures shall confirm receipt and understanding of this information. 153.070 Mixed Use Zones 153.070-9 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Mixed Use Zones 153.070 § 153.070.050 - Required Residential Open Space Maintaining open space areas provides recreational opportunities, allows sunlight to enter into living spaces and provides a spacious and inviting feel. The minimum required open space areas for residential uses, as listed in Table 153.070.030, shall be maintained pursuant to these regulations. A. Residential open space. The following regulations apply to required residential open space areas within all mixed-use zoned lots: 1. More than one open space area may be provided on a lot. The sum of square footages for all eligible open space areas on a lot shall comprise the total open space area for that lot. 2. Required side or rear yard areas may be included in the calculated open space area but a required front yard area may not. 3. All required open space shall be usable. Usable open space shall be improved to support residents' passive or active use. Such open space shall be located on the same parcel as the dwelling units for which it is required. The computation of such open space shall include no obstructions other than devices and structures designed to enhance its usability, such as swimming pools, changing facilities, fountains, planters,benches, and landscaping. 4. Open space areas shall have no parking, driveway or right-of-way encroachments. 5. Usable open space does not need to be located on the ground. Rooftop gardens and rooftop landscaping, including rooftops above parking structures, may be used to satisfy the open space requirement. B. Private Open Space Orientation. Private open space(s) attached to residential units shall be designed to avoid direct visibility into the interiors of adjacent units. C. Uses Restricted to Indoor. Unless otherwise indicated in this subchapter 153.070, all uses listed in table 153.070.020 must be conducted wholly within an enclosed building. The following uses or businesses are exceptions to this rule: 1. Outdoor dining and food service in conjunction with a cafeteria, cafe, restaurant or similar establishment 2. Newspaper stalls 153.070 Mixed Use Zones 153.070-10 CITY OF BALDWIN PARK—CHAPTER 153:ZONING CODE Mixed Use Zones 153.070 3. Other sales and display areas as approved through a conditional use permit or similar discretionary permit 4. Other uses as approved by the Zoning Administrator through the Zoning Code interpretation process pursuant to subchapter 153.210, Administrative Procedures D. Outdoor storage of materials. Outdoor storage of materials shall be limited to the accessory storage of goods sold or utilized by the principal use of the lot where permitted by Table 153.070.020. All materials shall be entirely screened from view from public rights-of-way by a 6-foot tall solid fence or masonry wall. E. Outdoor storage areas. Any areas developed and/or used for outdoor storage and use shall comply with the most current National Pollutant Discharge Elimination System (NPDES) Permits Implementation of Best Management Practices (BMP) and maintenance of those BMPs. F. Outdoor sale and display location. No outdoor sale or display area shall occupy any required parking spaces or required yard areas. 153.070.070 — Other Applicable Regulations In addition to the requirements contained in this subchapter, Mixed-Use Zones, regulations contained in the following subchapters of this chapter may apply to development in these zones: 153.110 Specific Plan Zone 153.120 Standards for Specific Land Uses and Activities 153.130 Site Planning and General Development Standards 153.140 Performance Standards 153.150 Off-Street Parking and Loading 153.160 Landscaping Standards 153.170 Sign Regulations 153.180 Antennas and Other Telecommunication Facilities 153.200 Nonconforming Lots,Structures and Uses 153.210 Administrative Procedures 153.070 Mixed Use Zones 153.070-11 SUBCHAPTER 153.080 -HISTORIC OVERLAY ZONE X Section Contents: §153.080.010 Intent and Purpose §153.080.020 Applicability §153.080.030 Property Maintenance §153.080.040 Local Official Register §153.080.050 Agreements by the City of Baldwin Park § 153.080.010 - Intent and Purpose The Historic Overlay zone is established to recognize, protect and ensure proper utilization of historic resources in the interest of public, health, safety, prosperity, social and cultural enrichment, and general welfare.The purpose of the Historic Overlay is as follows: A. Cultural history. Safeguard the heritage of the city by protecting designated buildings and structures which reflect the city's cultural history. B. Public involvement. Encourage public understanding and involvement in the unique heritage of the city. C. Civic pride. Strengthen civic pride in the beauty and notable accomplishments of the past. D. City attractions. Protect and enhance the city's attractions to residents and visitors and to support and stimulate business and industry. E. Aesthetic character.Enhance the visual and aesthetic character of the city. F. Promote use.Promote the use of historic buildings, structures and historic districts. G. Property rights.Protect and safeguard the property rights of the owners whose property is declared to be historic or is located in an area designated as a historic district. § 153.080.020- Applicability A. Historic Overlay Zone creation. Historic Overlay zones shall be applied n the same manner as property is reclassified from one zone classification to another, as set forth in subchapter 153.210, Part 15—Zoning Code Text and Zoning Map Amendments. When a Historic Overlay zone has been created, it shall be designated upon the zoning map of the city as an overlay zone.At the time the Historic Overlay zone is created, a specific set 153.080 Historic Overlay Zone 153.080-1 CITY OF BALDWIN PARK-CHAFFER 153:ZONING CODE Historic Overlay Zone 153.080 of development and design standards shall be adopted by the City Council, in addition to those applicable to the underlying zone classification, identifying the allowable uses, improvements, accessory uses, signs and other development standards which are determined to be necessary to maintain integrity of the district while allowing reasonable use of the properties therein. B. Historic Designation Where applied to an individual building, structure or place, such application may be referred to as a"Historic Designation." C. Historic structure work permit. No work shall be done on any building or structure located within a Historic Overlay zone or designated as historic unless a work permit is issued pursuant to subchapter 153.210,Administrative Procedures. D. Historic structure demolition permit. No demolition shall be done on any building or structure located within a Historic Overlay zone or designated as historic unless a demolition permit is issued pursuant to subchapter 153.210,Administrative Procedures. E. Unsafe or dangerous exception. None of the provisions of this chapter shall be construed to prevent any work or demolition necessary to correct or eliminate any unsafe or dangerous condition of any building or structure located in a historic district, where such condition has been declared unsafe or dangerous by the city and where the work is necessary to correct or eliminate such condition, and has been ordered by the city. § 153.080.030— Property Maintenance The owner or occupant of a building, structure or place designated as historic or located within a Historic Overlay zone shall maintain all exterior and interior portions of such buildings, structures and places in good repair to prevent deterioration, decay or excessive wear and tear. § 153.080.040— Local Official Register Resolutions adopting a historic designation of a building, structure or place shall collectively be known as the Local Official Register of Historic Resources. The Local Official Register shall be kept on file with the Secretary of the Historic Resources Advisory Committee, who shall transmit copies to the City Clerk, the Director of Community Development and the County Librarian. § 153.080.050 — Agreements by the City of Baldwin Park The provisions of a disposition and development agreement or owner participation agreement, approved and entered into by the City of Baldwin Park, may contain provisions superseding the provisions of this subchapter. 153.080 Historic Overlay Zone 153.080-2 " t= SUBCHAPTER 153.090- SIERRA VISTA OVERLAY ZONE -_ Section Contents: /•" " §153.090.010 Intent and Purpose §153.090.020 Applicability §153.090.030 Application for Approval of Development Plans §153.090.040 Development Standards § 153.090.010 — Intent and Purpose A. The Sierra Vista Overlay zone is established to allow large-scale development under a flexible plan, to facilitate land assembly and to promote master-planned retail, commercial, office, industrial or mixed-use developments not otherwise possible under conventional zoning controls. B. The regulations set forth in this subchapter shall apply to all land within the city for which the Sierra Vista Overlay zone has been adopted by the City Council. The location and boundaries of the overlay zone hereby established are shown on the zoning map. § 153.090.020 — Applicability A. Sierra Vista Overlay zone creation. The Sierra Vista Overlay zone shall be applied in the same manner as property is reclassified from one zone classification to another, as set forth in subchapter 153.210, Part 15 — Zoning Code Text and Zoning Map Amendments. When a Sierra Vista Overlay zone is created, it shall be designated upon the zoning map of the city as an overlay zone. B. Development plan. No building permit shall be issued for the construction, reconstruction or relocation of any building or structure, nor shall any use of land be commenced or permitted on any lot which is classified in a Sierra Vista Overlay zone unless a development plan has been approved. The conditions of approval imposed upon the development plan and the provisions of subchapter 153.090, Sierra Vista Overlay Zone, shall be observed in development of the district. § 153.090.030— Application for Approval of Development Plans A. Development plan application preparation. All applications for approval of development plans shall be prepared by a design team consisting of a licensed architect, registered civil engineer or land surveyor, and any additional qualified persons. B. Development plan application filing and content. The application shall be filed with the Secretary of the Planning Commission, and shall include the following information: 153.090 Sierra Vista Overlay Zone 153.090-1 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Sierra Vista Overlay Zone 153.090 1. The number of lots involved, lot dimensions and total lot area 2. The proposed location,use, size, height, floor area,elevations and type and color of materials to be used on building exterior of all proposed and existing buildings 3. The location,type and height of all walls and fences 4. The location and dimensions of public and private streets, access ways, pedestrian walkways and loading areas 5. The location,height and design of all outdoor lighting fixtures 6. A schematic landscaping plan,including the location, size and type of planting 7. The proposed covenants,conditions and restrictions S. A phasing plan,if applicable 9. A proposed sign program for all exterior signage 10. Any other information as may be deemed necessary by the Director of Community Development § 153.090.040 - Development Standards A. Development standards and conditions of approval. The development standards applicable to the underlying zone classification shall apply. If specific conditions of approval are imposed upon the development plan related to lot area, lot width, lot depth, required yard areas, parking stall dimensions, sign regulations or any other standards, these conditions shall take precedent over the development standards for the underlying zone. B. Design Guidelines Manual. Developments within the Sierra Vista Overlay zone shall comply with applicable Design Guidelines Manual. 153.090 Sierra Vista Overlay Zone 153.090-2 SUBCHAPTER 153.100 - PLANNED DEVELOPMENT OVERLAY ZONE Section Contents: §153.100.010 Intent and Purpose §153.100.020 Establishment of a Planned Development §153.100.030 Use Regulations §153.100.040 Development Standards §153.100.050 Other Applicable Regulations § 153.100.010 - Intent and Purpose A. Flexible plan. The Planned Development Overlay zone provides opportunities to establish development policies and controls that allow development under a flexible plan that may not otherwise be possible under conventional zoning controls. The mechanism for allowing such flexible standards is through the application of the Planned Development Overlay zone to a property and the accompanying approval of a Development Plan pursuant to part 19 of subchapter 153.210. B. Additive zoning. The Planned Development Overlay zone is additive to the underlying zone, and the standards established as part of the applicable Development Permit shall not be used to increase the maximum allowable residential density for a development project or to change the uses permitted in the underlying zone. The standards for the underlying zone shall apply with regard to both maximum allowable density and use. § 153.100.020 - Establishment of a Planned Development A. A Planned Development Overlay zone shall be applied in the same manner as property is reclassified from one zone to another, as set forth in subchapter 153.210, Part 15 — Zoning Code Text and Zoning Map Amendments. When a Planned Development Overlay zone is created, it shall be indicated upon the zoning map of the city as an overlay zone. B. The regulations set forth in this subchapter shall apply to all land within the city for which Planned Development Overlay zone has been adopted by the City Council. The location and boundaries of the overlay zone hereby established are shown on the zoning map. 153.100 Planned Development Overlay Zone 153.100-1 CITY OF BALDWIN PARK-CHAPTER 153.100:ZONING CODE Planned Development Overlay Zone 153.100 § 153.100.030 - Use Regulations Only those uses permitted within the underlying zone classification shall be permitted within the Planned Development Overlay zone. § 153.100.040 -Development Standards A. Development Plan conformance. All lots and structures within the Planned Development Overlay zone shall comply with the development standards set forth in the applicable adopted Development Plan document. B. Development standards. No property within any residential zone shall be considered for application of a Planned Development Overlay zone unless the associated Development Permit includes provisions that meet the requirements set forth in Table 153.100.040. TABLE 153.100.040 Development Standards for Planned Development Zones Zone Development Standards R-1 R-G R-3 Project Lot Area-Minimum 1.5 acres net 40,000 sf net 30,000 sf net Project Lot Depth-Minimum Single-Loaded: 150 ft N/A N/A Double-Loaded:200 ft Density-Maximum 8.7 du/ac 12 du/ac 20 du/ac Individual Lot Area-Minimum 4,000 sf 3,700 sf 3,000 sf Individual Lot Width-Minimum Interior Lot 40 ft 38 ft 35 ft Corner Lot 45 ft 43 ft 40 ft Individual Lot Depth-Minimum 80 ft 75 ft 70 ft Front Yard Setback-Minimum Habitable portion of structure 15 ft 15 ft 15 ft Garage with roll-up door 18 ft 18 ft 18 ft Garage without roll-up door 20 ft 20 ft 20 ft Side Yard Setback-Minimum Interior Lot 5 ft 5 ft 5 ft Corner Lot 10 ft 10 ft 10 ft Rear Yard Setback-Minimum 15 ft 15 ft 15 ft Open Space Area,Private-Minimum 600 sf/du-minimum 300 sf/du- 300 sf/du- dimension 15 ft minimum minimum dimension 12 ft dimension 10 ft Open Space Area,Common- 400 sf/du-minimum 300 sf/du- 250 sf/du- Minimum dimension 40 ft minimum minimum 153.100 Planned Development Overlay Zone 153.100-2 CITY OF BALDWIN PARK-CHAPTER 153.100:ZONING CODE Planned Development Overlay Zone 153.100 TABLE 153.100.040 Development Standards#or Planned Development Zones,:. Zone.? Development Standards R-1 R-G R-3 dimension 30 ft dimension 30 ft Minimum Floor Areas One Bedroom 900 sf 900 sf 900 sf Two Bedrooms 1,250 sf 1,250 sf 1,250 sf Three Bedrooms 1,400 sf 1,400 sf 1,400 sf Four Bedrooms 1,600 sf 1,600 sf 1,600 sf Each Additional Bedroom 200 sf 200 sf 200 sf Building Width—Minimum 30 ft 20 ft 20 ft Building Height—Maximum 27 ft 27 ft 27 ft Public Street Width—Maximum 40 ft curb to curb with 40 ft curb to curb 40 ft curb to curb 60 ft right-of-way with 60 ft right-of- with 60 ft right-of- including sidewalks way including way including and parkway sidewalks and sidewalks and. parkway parkway Individual Lot Site Coverage— 50% 60% 65% Maximum Guest Parking—Minimum 1.5 spaces/du 1.5 spaces/du 1.5 spaces/du § 153.100.050 - Other Applicable Regulations In addition to the requirements contained in this subchapter, regulations contained in the following subchapters of this chapter may apply to development in these zones: 153.120 Standards for Specific Land Uses and Activities 153.130 Site Planning and General Development Standards 153.140 Performance Standards 153.150 Off-Street Parking and Loading 153.160 Landscaping Standards 153.170 Sign Regulations 153.180 Antennas and Other Telecommunication Facilities 153.200 Nonconforming Lots,Structures and Uses 153.210 Administrative Procedures 153.100 Planned Development Overlay Zone 153.100-3 SUBCHAPTER 153.110 - SPECIFIC PLAN ZONES Section Contents: §153.110.010 Intent and Purpose §153.110.020 Application §153.110.030 Minimum Development Site Standard §153.110.040 Specific Plan Requirements §153.110.050 Other Applicable Regulations § 153.110.010 - Intent and Purpose The Specific Plan zone is established to allow for the comprehensive site planning and building design of parcels requiring special attention and treatment, to allow creative approaches to the use of land through variation in building location and mix of land uses and to provide a means to establish more specific land use regulations and design standards for clusters of properties. § 153.110.020- Application A. The regulations set forth in this subchapter apply to all land within the city for which a specific plan has been adopted by the City Council. Specific Plan zones shall be applied in the same manner as property is reclassified from one zone classification to another, as set forth in subchapter 153.210, Part 15 — Zoning Code Text and Zoning Map Amendments. When a Specific Plan zone is has been adopted, the plan shall be indicated as such on the Zoning Map. B. The regulations set forth in this subchapter shall apply to all land within the city for which a Specific Plan zone has been adopted by the City Council. The location and boundaries of the overlay zone hereby established are shown on the zoning map. § 153.110.030 - Minimum Development Site Standard A Specific Plan zone may only be established for a parcel or group of contiguous parcels if the combined lot area is greater than or equal to the following standards: A. For residential uses,combined lot area of 2 acres. B. For commercial and industrial uses, combined lot area of 2 acres. C. For Mixed-use,combined lot area of 5 acres. 153.110 Specific Plan Zone 153.110-1 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Specific Plan Zone 153.110 § 153.110.040 - Specific Plan Requirements A. Standards supplement and/or supersede. Specific plans may either supplement or supersede land use regulations applicable to the subject property, including all previously adopted ordinances, standards and guidelines. In the event an inconsistency or conflict exists between standards adopted within a specific plan and comparable provisions of this chapter or other development standards, the standards and regulations made part of the specific plan shall prevail. B. Specific Plan content. Each specific plan shall identify specific land uses, standards and criteria necessary for the development, maintenance and use of the subject property in compliance with the policies and programs of the General Plan. Each specific plan shall clearly specify how and to what extent the plan is to improve upon, supplement or supersede any adopted ordinance, regulations and standards. Where not otherwise specifically referenced and addressed by a specific plan, all adopted ordinances, regulations, standards and guidelines of the city shall apply. C. Specific Plan additional content. In addition to the minimum content requirements specified in Government Code §65451, the following shall be included in all specific plans: 1. Statement of the relationship of the specific plan to the General Plan 2. Policies for development and standards for regulating development within the plan area 3. The proposed land uses for all areas covered by the plan 4. General site design standards and guidelines for all developments 5. The types and location of streets 6. Public facilities and infrastructure required to serve developments within the plan area 7. Landscaping and parking lot treatments 8. Proposed conservation, open space or recreation areas 9. Any other programs,guidelines or standards appropriate for the plan area 153.110 Specific Plan Zone 153.110-2 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Specific Plan Zone 153.110 § 153.110.050 — Other Applicable Regulations In addition to the requirements contained in this subchapter, regulations contained in the following subchapters of this chapter may apply to development in these zones: 153.120 Standards for Specific Land Uses and Activities 153.130 Site Planning and General Development Standards 153.140 Performance Standards 153.150 Off-Street Parking and Loading 153.160 Landscaping Standards 153.170 Sign Regulations 153.180 Antennas and Other Telecommunication Facilities 153.200 Nonconforming Lots, Structures and Uses 153.210 Administrative Procedures 153.110 Specific Plan Zone 153.110-3 SUBCHAPTER 153.115 - DOWNTOWN OVERLAY Section Contents: §153.115.010 Intent and Purpose §153.115.020 Application §153.115.030 Use Regulations §153.115.040 Development Standards §153.115.050 Other Applicable Regulations § 153.115.010 - Intent and Purpose The Downtown Overlay (DO) is established to provide for special land use regulations within the Baldwin Park downtown area that implement General Plan policies focused on revitalization and encouraging uses that benefit from proximity to public transit. This subchapter is also intended set forth regulations that limit establishment of new uses which conflict with General Plan objectives for the downtown area. § 153.115.020 - Application A. Generally. The regulations set forth in this subchapter apply to all land within the city for which the DO zone has been adopted by the City Council. The location and boundaries of the DO zone hereby established are shown on the zoning map and Figure 153.115.020. B. Use regulations. The Downtown Overlay use regulations set forth in Table 153.115.030 shall apply only to those properties within the DO overlay zone that have the following underlying zone designations: Industrial Commercial (I-C), Neighborhood Commercial (C-1), and General Commercial (C-2). Where the underlying zone designation is a zone other than I-C, C-1, or C-2, the provisions of Table 153.115.020 shall not apply, and the use regulations of the underlying zone designation shall apply exclusively. § 153.115.030- Use Regulations A. Permitted uses. Table 153.115.030 identifies the permitted uses in the DO zone for properties where the underlying zone designation is I-C, C-1, and C-2. B. Conditional uses. Certain uses may be subject to special conditions regarding the location, operation or design of the use.References to these provisions are made in Table 153.115.030. 153.115 Downtown Overlay 153.115-1 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Downtown Overlay 153.115 This page intentionally left blank. 153.115 Downtown Overlay 153.115-2 t 0 go OM MN ` 11 n 2 c :\ ai = II �R ca G _\ ` L aitaiii 11 'I Q �1 r •° g � ♦ O W � Nyy6_ tA 7,3 '� O Q Q Ni®ae� a �r� z •no k N ■ C5 \.El Ea me =�� ill " \�' ` ' i M in I'll• �� a a C an. wumud �\\v0\\ == � mI=; ®1111111111111 4 z lin Emus ®"II \ \\;' • ,∎ a BM II IIIIIIn11� �.. \PM \ o m y m 0 IIIII� ■ ntla\ \ OW \\\� _\\ I f \\ �� moo, 111- � \� � .� \:��.•1 •IIIIIIywan. a \ N. p w Ii11�o�■�1111 Sim \ \ '��\\ II = s — ;x11111 0= p. I 111 L \\ \� >m\ \ \ ELL . m mg*Ie. uim?efl v w N �, ¢` au T. N I'II� n ■ - \\ �\ d v a) IIIMM SIM \'N Ea ,', im '"111 �� _ \\\\ `_ ' ; N N J c N o c? Haim uu_ :nn■u■u�1_ !1■1■1 111■1� G`� ;' f _ " M 0 w r e c :, m in > '. O Z 0 C 3 0 w O V U z x z g N fa � a P.1 > a In U C1 Lo °C) a l z co z es 3 a. o ¢ Hw 0 0 V T R %i N > 0 _o N' '1 Cf M O Q '-4 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Downtown Overlay 153.115 TABLE 153115 030. P Permitted use CUP Conditional use;pernut required Permitted and Conditionally Permitted A =;:Accessory use, Uses within the DO - Use not allowed Land"Use C-1' '' .0 2 I-C'.: Specific Regulations Alcoholic Beverage Sales(on-or off-site) CUP CUP CUP 153.210 Part 18 Apparel Shop P P P 153.210 Part 18 Appliance Store __ P P 153.210 Part 18 Art Store-Gallery __ P P 153.210 Part 18 Assembly' Establishment,located: (a) within the CBD or Sub-Area 2 and fronting P 153.210 Part 18 -- --Alderson Avenue,or (b)within Sub-Area 3 Auto Supply Store P P P 153.210 Part 18 Automobile Repair -- -- -_ Automobile Service Stations -- -- -- Automobile Storage and Dismantling Yard -- -- -_ Automobile Wash -- -- __ Automated Teller Machine(freestanding) __ CUP CUP 153.210 Part 18 Bakery P P P 153.210 Part 18 Bank -- CUP CUP 153.210 Part 18 Barbershop/Beauty Parlor __ P P 153.210 Part 18 Beauty Salon/Spa(full service) __ CUP CUP 153.210 Part 18 Bookstore/Stationary Store P P P 153.210 Part 18 Bowling Alley __ CUP CUP 153.210 Part 18 Check Cashing -- -- __ Drive-Through Establishment -- -- __ Dry Cleaners(drop-off only) CUP CUP CUP 153.210 Part 18 Dry Cleaners(on-site) -- -- -- Fabrication Plant,located: (a) within the CBD or Sub-Area 2 and fronting on Alderson Avenue,or -- -- P 153.210 Part 18 (b)within Sub-Area 3 Florist P P P 153.210 Part 18 Furniture Store __ P P 153.210 Part 18 Gift Shop P P P 153.210 Part 18 153.113 Downtown Overlay 153.115-5 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Downtown Overlay 153.115 TABLE 153.115.030. .:. P. Permitted use " Permitted CUP' Conditional use permit required Permitted and Conditionally A ...; Accessory:use., Uses within the DO . ., - :Use not allowed Land Use C-1 C-2; I C :;. ;.Specific Regulations' Grocery Store over 10,000 square feet -- -- -- Hobby Shop P P P 153.210 Part 18 Jewelry Store -- P P 153.210 Part 18 Laundromat CUP CUP CUP 153.210 Part 18 Machine Shop,located: a. within the CBD and Sub-Area 2 and fronting on P 153.210 Part 18 Alderson Avenue,or b. within Sub-Area 3 Manufacturing Establishment 153.210 Part 18 a. within the CBD and Sub-Area 2 and fronting on P 153.050.020 Alderson Avenue,or b. within Sub-Area 3 Offices with the primary purpose of actively 153.210 Part 18 assisting with redevelopment and revitalization within the Downtown Overlay and that regularly P P P provide space for gatherings for community interest items related to that redevelopment and revitalization. Office(professional,medical and dental) Only allowed on second floor or above within the CBD and Sub-Area 2,except for those areas fronting Alderson Avenue.Allowed on all P P P floors,including ground floor,in Sub-Area 3 and all areas fronting Alderson Avenue within the CBD MU-1 zoning district and Sub- Area 2. Pawn Shop -- -- -- Pet Store P P P 153.210 Part 18 Restaurant P P P 153.210 Part 18 Theater(live or cinema) -- CUP CUP 153.210 Part 18 Pet Store P P P 153.210 Part 18 153.115 Downtown Overlay 153.115-6 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Downtown Overlay 153.115 TABLE 153.115:030 P Permitted use CUP. Conditional use permit required Permitted and Conditionally Permitted A Accessory use Uses within the DO -- iJse;not allowed Land Use C-1. C-2 I-C Specific Regulations Restaurant P P P 153.210 Part 18 Second-Hand Store -- -- -- Upholstery Establishment,located: 153.210 Part 18 a. within the CBD and Sub-Area 2 and fronting P 153.050.020 on Alderson Avenue,or b. within Sub-Area 3 Warehousing/Storage Establishment,located: 153.210 Part 18 a. within the CBD and Sub-Area 2 and fronting P on Alderson Avenue,or b. within Sub-Area 3 Water Store/Kiosk -- -- -- Welding Establishment -- -- -- (1) 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, wire, wood, yarn or some similar use as reasonably determined by the Community Development Director. C. Prohibited uses. If a use is not specifically listed in Table 153.115.030, that use is prohibited. However, the Zoning Administrator shall have the authority to determine whether the proposed use is permitted based on the finding that the use is similar to and no more detrimental than those permitted in the zone. D. Uses explicitly prohibited.The uses prohibited in the DO 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, except as otherwise provided in subsection A above 9. Grocery Store over 46,400 square feet 153.115 Downtown Overlay 153.115-7 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Downtown Overlay 153.115 10. Machine Shop,except as otherwise provided in subsection A above 11. Manufacturing and/or Assembly Establishments, except as otherwise provided in subsection A above 12. Office (Professional, Medical and Dental), except as otherwise provided in subsection A above 13. Pawn Shop 14. Second-Hand Store 15. Upholstery Establishment,except as otherwise provided in subsection A above 16. Warehousing/Storage Establishment, except as otherwise provided in subsection A above 17. Water Store/Kiosk 18. Welding Establishment E. Similar uses. The Community Development Director is authorized to approve acceptance of any application for a use not specifically listed in Table 153.115.030,which, in his or her reasonable discretion, is substantially similar to a use permitted or conditionally permitted that Table. The Community Development Director or his or her designee is authorized to deny acceptance of any application for a use not specifically listed in Table 153.11.030 or subsection E above, which, in his or her reasonable discretion, is substantially similar to a use listed in subsection E or listed as not permitted in Table 153.11.030. F. Use open to the public. Subject to subsection H below, the right to utilize a property for a use other than one listed as permitted or conditionally permitted in Table 153.115.030, shall be terminated if such use has not been actively open to the public for any 90 consecutive days after April 20,2006, and such use shall not thereafter reopen. G. Waiver to use open to the public. An application for a waiver of subsection G above, may be filed by or on behalf of the property owner; provided, that the application shall be filed within 90 days after the use cannot be reopened pursuant to subsection G above. Such waiver shall be granted by the Planning Commission if the property owner, or his or her representative, presents substantial evidence showing: 1. 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 2. All of the uses listed in subsection A above, are economically infeasible for the property. H. Waiver fee. 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. 153.115 Downtown Overlay 153.115-8 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Downtown Overlay 153.115 I. Appeal. § 153.210.150 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. § 153.115.040- Development Standards All lots and structures within the Downtown Overlay zone shall comply with the development standards of the underlying zone. § 153.115.050 - Other Applicable Regulations In addition to the requirements contained in this subchapter, regulations contained in the following subchapters of this chapter may apply to development in these zones: 153.120 Standards for Specific Land Uses and Activities 153.130 Site Planning and General Development Standards 153.140 Performance Standards 153.150 Off-Street Parking and Loading 153.160 Landscaping Standards 153.170 Sign Regulations 153.180 Antennas and Other Telecommunication Facilities 153.200 Nonconforming Lots,Structures and Uses 153.210 Administrative Procedures 153.115 Downtown Overlay 153.115-9 SUBCHAPTER 153.120 - STANDARDS FOR SPECIFIC LAND USES AND ACTIVITIES 7 Section Contents: PART 1 Adult-Oriented Businesses §153.120.010 Intent and Purpose §153.120.020 Permit Requirements §153.120.030 Location Requirements PART 2 Alcohol Sales §153.120.040 Intent and Purpose §153.120.050 Permit Requirements §153.120.060 Use Regulations §153.120.070 Development Standards §153.120.080 Security Regulations §153.120.090 Abandonment of Permit PART 3 Game Arcades and Internet Cafes §153.120.100 Intent and Purpose §153.120.110 Use Regulations §153.120.120 Development Standards PART 4 Animal Keeping §153.120.130 Intent and Purpose §153.120.140 Permitted Animals PART 5 Billiard and Pool Halls §153.120.150 Intent and Purpose §153.120.160 Use Regulations §153.120.170 Development Standards §153.120.180 Security Regulations PART 6 Child Day Care Facilities and Large-Family Day Care Homes §153.120.190 Intent and Purpose §153.120.200 Use Regulations §153.120.210 Development Standards PART 7 Drive-Through Establishments §153.120.220 Intent and Purpose 153.120 Standards for Specific Land Uses and Activities 153.120-1 CITY OF BALDWIN PARK-CHAFER 153:ZONING CODE Standards for Specific Land Uses and Activities 153.120 §153.120.230 Use Regulations §153.120.240 Development Standards PART 8 Home Occupations §153.120.250 Intent and Purpose §153.120.260 Permit Requirements §153.120.270 Use Regulations PART 9 Hotels and Motels §153.120.280 Intent and Purpose §153.120.290 Permit Requirements §153.120.300 Use Regulations §153.120.310 Development Standards PART 10 Medical Marijuana Dispensaries §153.120.320 Intent and Purpose §153.120.330 Use Prohibited PART 11 Second Dwelling Units §153.120.350 Intent and Purpose §153.120.360 Use Regulations and Development Standards §153.120.370 Reserved PART 12 Service Stations §153.120.380 Intent and Purpose §153.120.390 Development Standards §153.120.400 Driveway Regulations §153.120.410 Landscape Regulations §153.120.420 Site Development Regulations PART 13 Solar Panels §153.120.430 Intent and Purpose §153.120.440 Development Standards PART 14 Vehicle Storage §153.120.450 Intent and Purpose §153.120.460 Parking Regulations PART 15 Public Telephones §153.120.470 Intent and Purpose §153.120.480 Use Regulations and Development Standards §153.120.490 Abatement 153.120 Standards for Specific Land Uses and Activities 153.120-2 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Standards for Specific Land Uses and Activities 153.120 PART 16 Emergency Shelters §153.120.500 Intent and Purpose §153.120.510 Use Regulations §153.120.520 Development Standards PART 17 Massage Establishments and Services §153.120.530 Intent and Purpose §153.120.540 Use Regulations §153.120.550 Development Standards PART 1 — Adult-Oriented Businesses § 153.120.010— Intent and Purpose Adult-oriented businesses are regulated by chapter 124 of this code. The purpose of regulating adult-oriented businesses is to guard against the known adverse effects such businesses can have on the community and the neighborhoods in which they are located, including conditions of blights, crime and perceived and real threats to public health, safety, morals and general welfare. The provisions contained in this subchapter shall be used together with chapter 124 to prevent the concentration of such businesses and to ensure that any such use operates in a manner that minimizes potentially adverse effects on surrounding properties. § 153.120.020 — Permit Requirements To establish and operate an adult entertainment business or adult entertainment enterprise, a special business permit, obtained pursuant to the requirements of chapter 124 of this code is required. This requirement shall apply to all new and existing adult businesses. § 153.120.030— Location Requirements A. Allowable zones and distances.No adult-oriented business shall be established,located or operated in any zone in the city other than the I (Industrial) and I-C (Industrial- Commercial) zones and only when within the ascribed distances of the certain specified land uses or zones as set forth here. 1. No such business shall be established or located within 1,000 feet from any existing legal or legal nonconforming residential zone or use, unless separated from the residential zone or use by a major freeway (Interstate 10 or State Highway 605) or by a right-of-way at least 100 feet in width. 2. No such business shall be established or located within 1,000 feet from any existing legal or legal nonconforming park, church or school. 153.120 Standards for Specific Land Uses and Activities 153.120-3 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Standards for Specific Land Uses and Activities 153.120 B. Distance measurement.These distances shall be measured as a radius from the primary entrance of the adult-oriented business to the property lines of the property so zoned or used for, if on the same property, from the primary entrance of the establishment from which the distance is measured without regard to intervening structures. PART 2 - Alcohol Sales § 153.120.040 - Intent and Purpose The purpose of regulating the sale of alcohol is to ensure the compatibility of establishments that sell alcohol with surrounding properties and to minimize potentially adverse impacts on public health, safety, comfort, convenience and general welfare of the residents in the city. § 153.120.050 - Permit Requirements A. Conditional use permit required. The following establishments, businesses and facilities must obtain a conditional use permit pursuant to subchapter 153.210, Administrative Procedures,before engaging in the sale of alcoholic beverages: 1. Any establishment, business or facility that does not currently sell alcoholic beverages but proposes to do so. 2. Any establishment, business or facility that currently sells alcoholic beverages and proposes to change the type of alcoholic beverages to be sold by changing the type of retail license classification it holds under authority of the State Department of Alcoholic Beverage Control. 3. Any establishment, business or facility that currently sells alcoholic beverages and proposes to substantially change its mode or character of operation, including,but not limited to, the following: a. An increase in the floor area of the establishment,business or facility. b. An addition of dancing or live entertainment. B. Existing establishments. Existing establishments, businesses or facilities that currently sell alcoholic beverages shall either comply with all conditional use permit requirements or shall cease selling alcoholic beverages in a manner and time consistent with the amortization provisions provided in subchapter 153.200, Nonconforming Lots, Structures and Uses. 153.120 Standards for Specific Land Uses and Activities 153.120-4 CITY OF BALDWIN PARK—CHAPTER 153:ZONING CODE Standards for Specific Land Uses and Activities 153.120 C. Specific location attributes. In any decision to issue a conditional use permit, consideration shall be given to the location of the proposed facility. The general vicinity shall not have an unusually high crime rate such that the proposed use could result in further criminal activity, thus requiring additional police services if the conditional use permit is granted. § 153.120.060 - Use Regulations Any minor commercial retail establishment or on-sale outlet which sells alcohol shall be subject to the following use restrictions: A. Cash register location. The cash register of all minor commercial retail establishments that are off-sale outlets shall be located so it is clearly visible from outside the premises. B. Property maintenance plan.All minor commercial retail establishments that are serving as off-sale outlets and on-sale outlets, other than restaurants or service clubs, shall submit a property maintenance plan which will outline measures to be taken in order to prevent loitering, panhandling, graffiti, littering and other public nuisances. The property maintenance plan shall be subject to approval and compliance with the plan shall be included as a condition of approval of the conditional use permit. § 153.120.070- Development Standards The development standards set forth in subchapter 153.050, Commercial and Industrial Zones, shall apply to all establishments selling alcohol, unless otherwise specified here. The following shall apply to all establishments selling alcohol: A. Buffers. The establishment shall be sufficiently buffered in relation to any abutting residentially zoned properties so as not to adversely affect the residential areas. A minimum 20-foot-wide landscaped area shall be provided between any abutting residentially zoned property and any establishment which sells alcohol. Also, any other buffers required as a condition of the conditional use permit shall be provided and continuously maintained. B. Exterior property appearance. The exterior appearance of the property, including, but not limited to, landscaping and architectural treatment of the building, shall not detract from the character of the surrounding neighborhood, and, as necessary, shall improve upon the characteristics of the surrounding neighborhood with exceptional design characteristics,as determined by the Design Review Committee. 153.120 Standards for Specific Land Uses and Activities 153.120-5 CITY OF BALDWIN PARK-CHAFFER 153:ZONING CODE Standards for Specific Land Uses and Activities 153.120 § 153.120.080 - Security Regulations All minor commercial retail establishments that serve as off-sale outlets and on-sale outlets, other than restaurants or service clubs, shall submit a detailed plan for security measures. The security plan shall be approved and compliance with the plan shall be a condition of the conditional use permit. Security measures may include items such as alarms, security guards and interior and/or exterior security cameras. § 153.120.090 - Abandonment of Permit Any establishment, business or facility that is either abandoned or discontinued general operations or the sale of alcoholic beverages for a period of 60 consecutive days shall be deemed to have abandoned its ability to sell alcoholic beverages. The establishment shall obtain a new conditional use permit before re-engaging in the sale of alcoholic beverages. PART 3 - Game Arcades and Internet Cafes § 153.120.100 - Intent and Purpose The purpose of regulating arcades, internet cafes and similar establishments is to ensure compatibility with surrounding properties and to avoid and/or minimize any impacts associated with such uses. § 153.120.110- Use Regulations A. Adult attendants.At all times,each arcade or internet cafe operator shall maintain adult attendants on the premises, the number of which shall be set forth in the approved conditional use permit. B. Age restrictions. Each arcade or internet cafe shall prohibit persons 17 years of age and under from using any game machine between the hours of 8:00 A.M. and 3:00 P.M., Monday through Friday. This restriction shall not apply during school holidays and school vacations recognized by public schools within the city. C. Signage. Signage informing the public of the prohibition on the use of drugs, smoking, loud conduct and the hours of operation shall be posted and plainly visible to customers within the establishment in at least 2 locations. § 153.120.120- Development Standards In addition to the development standards set forth in subchapter 153.050, Commercial and Industrial Zones,the following shall apply to arcades and internet cafes: 153.120 Standards for Specific Land Uses and Activities 153.120-6 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Standards for Specific Land Uses and Activities 153.120 A. Location. An arcade or internet cafe shall not be located within 500 feet of a child care facility or an educational institution which conducts classes for kindergarten through 12th grades. B. Minimum floor area. The minimum floor area that each arcade or internet café shall provide for the operation of game machines shall be 750 square feet. C. Unobstructed aisle widths. Game machines located along one side of an aisle shall maintain a minimum unobstructed aisle width of 5 feet. Game machines located along both sides of an aisle shall maintain a minimum unobstructed aisle width of 7.5 feet. D. Clear unobstructed view. Each arcade or internet café shall provide and maintain a clear unobstructed view of the interior from the outside of the building using windows and doors made of glass or other transparent material. E. Lighting.All entrances,exits and interior areas shall have adequate lighting. F. Public restroom facilities. Each arcade or internet cafe shall provide and maintain a minimum of 2 public restroom facilities accessible to both customers and employees. G. Bicycle racks. The owner and operator of an arcade shall provide and maintain bicycle racks in a sufficient quantity and location, as set forth in the approved conditional use permit. PART 4 - Animal Keeping § 153.120.130- Intent and Purpose The purpose of regulating the maintenance of animals, fish and fowl is to minimize potentially adverse effects on surrounding residents and properties. § 153.120.140 - Permitted Animals For the purpose of this subchapter, the following animals, fish and fowl are deemed to be household pets which may be housed and maintained in any dwelling unit, in accordance with the following limitations: A. Household pets in a dwelling unit. Each dwelling unit may contain any combination of the following. 1. Up to 3 weaned, domesticated dogs 153.120 Standards for Specific Land Uses and Activities 153.120-7 CITY OF BALD WIN PARK-CHAPTER 153:ZONING CODE Standards for Specific Land Uses and Activities 153.120 2. Up to 3 weaned, domesticated cats 3. Up to 10 canaries, finches, parrots and other similar predatory birds, provided that such birds shall be kept within the dwelling unit. B. Household pets outside a dwelling unit. Each dwelling unit located within the R-1- 7,500 and R-1 zone may also contain any combination of the following animals outside the dwelling unit, provided that all such animals are maintained in cages within the rear yard area and are located a minimum of 15 feet away from any habitable building: 1. Up to 10 birds 2. Up to 3 hen chickens C. Roosters.Roosters are not permitted. D. Kennel, pet shop, veterinary hospital. These regulations shall not prohibit the maintenance of any animals in connection with a legally permitted kennel, pet shop or veterinary hospital. PART 5 - Billiard and Pool Halls § 153.120.150 - Intent and Purpose The purpose of regulating billiard and pool halls is to establish a comprehensive set of regulations that ensure compatibility with surrounding properties. § 153.120.160 - Use Regulations A. Adult attendants. At all times, each billiard or pool hall operator shall maintain adult attendants on the premises, the number of which shall be set forth in the approved conditional use permit. B. Age restrictions.Each billiard or pool hall shall enforce the following age restrictions: 1. Prohibit persons 17 years of age and under from using any game machine between the hours of 8:00 A.M. and 3:00 P.M., Monday through Friday. This restriction shall not apply during school holidays and school vacations recognized by public schools within the city. 2. Prohibit persons 17 years of age and under to remain in the billiard or pool hall after 10:00 P.M. 153.120 Standards for Specific Land Uses and Activities 153.120-8 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Standards for Specific Land Uses and Activities 153.120 3. Prohibit persons 20 years of age and under to enter a billiard or pool hall that serves alcoholic beverages. C. Hours of operation. Hours of operation shall be determined by the Approving Authority based upon the sensitivity of the area surrounding the proposed billiard hall during the approval of the conditional use permit. D. Signage. Signage informing the public of the prohibition on the use of drugs, smoking, loud conduct, age restrictions and the hours of operation shall be posted and plainly visible to customers within the establishment in at least 2 locations. E. Dress code. Billiard and pool halls which have been authorized to serve alcoholic beverages shall enforce a customer dress code, which at a minimum shall prohibit gang- related attire. The dress code shall be posted at all public entrances. F. Gambling prohibited.Any and all forms of gambling are prohibited. § 153.120.170 — Development Standards In addition to the development standards set forth in subchapter 153.050, Commercial and Industrial Zones,the following shall apply to billiards and pool halls: A. Location. A billiard or pool hall shall not be located within 1,500 feet of a child care facility or an educational institution which conducts classes for kindergarten through 12th grade, within 150 feet of a residentially zoned property or within 1,000 feet of another billiard or pool hall. B. Clear and substantially unobstructed view. Each billiard and pool hall shall provide and maintain a clear and substantially unobstructed view of the interior from the outside of the building using windows and doors made of glass or other transparent material. No more than 10 percent of each individual glass door and/or window shall be covered. C. Partitions prohibited. With the exception of washrooms, toilet rooms and storage closets,partitions used to form other rooms, stalls or other enclosures where people may congregate are prohibited. D. Separation of pool tables. A minimum 5-foot separation shall be maintained between all pool tables and cocktail tables, counters, walls, partitions, immovable barriers, seating areas and other pool tables. • 153.120 Standards for Specific Land Uses and Activities 153.120-9 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Standards for Specific Land Uses and Activities 153.120 § 153.120.180— Security Regulations A. Security plan. A security plan shall be submitted for review and approval by the Police Department as a part of the conditional use permit application, and shall be incorporated as a condition of approval. B. Surveillance cameras. At least 2 interior security surveillance/recording cameras and one exterior camera shall be installed and permanently maintained. All video tapes from these cameras shall be retained and made available for viewing by the Police Depar talent for a minimum of 7 days. C. Alarm system. An electronic intrusion alarm system shall be installed and permanently maintained. D. Lighting.All interior and exterior areas of the building shall be well lit. PART 6 — Child Day Care Facilities and Large-Family Day Care Homes § 153.120.190— Intent and Purpose The purpose of regulating child day care facilities and large-family day care homes is to safeguard the health, safety and general welfare of children, and to ensure compatibility with surrounding properties. § 153.120.200— Use Regulations A. California use restrictions. All child day care facilities shall comply will all applicable State of California use restrictions at all times. B. Hours of operation.The hours of operation for any child day care facility shall be based upon the uses and characteristics of the area in which the facility is located and shall be set forth in any required conditional use permit. § 153.120.210— Development Standards A. Child day care development standards. The following development standards shall apply to all child day care facilities: 1. All such facilities shall comply with all applicable State of California development standards at all times. 2. All such facilities shall comply with the city's noise regulations for residential uses, as set forth in subchapter 153.140, Performance Standards. 153.120 Standards for Specific Land Uses and Activities 153.120-10 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Standards for Specific Land Uses and Activities 153.120 B. Large-family day care development standards. The following development standards shall apply to large-family day care homes: 1. A minimum lot size of 5,000 square feet is required for any large-family day care home. 2. No large-family day care home shall be located within 500 feet of an existing or proposed large-family day care home. However, if a large-family day care home is proposed on the same street as an existing large-family day care home, the minimum distance between large-family day care homes shall be 1,000 feet. 3. All large-family day care homes shall provide adequate on-street parking located along the home's street frontage, or shall provide off-street parking for the drop- off and pick-up of children. 4. No off-street parking provided for the drop-off and pick-up of children shall require vehicles to backup directly into a travel lane of a designated major arterial street. PART 7— Drive-through Establishments § 153.120.220 — Intent and Purpose The purpose of regulating drive-through establishments is to prevent potentially adverse impacts on adjacent properties, neighborhoods and residences due to customer and employee parking demands, traffic generation,noise, light and litter. § 153.120.230 — Use Regulations A. Hours of Operation. When located on a site adjacent to or separated by an alley from any residentially zoned property, a drive-through establishment shall not operate between the hours of 10:00 P.M. and 7:00 A.M. B. Litter. Employees shall collect on-site and off-site litter generated by customers at least once per business day. § 153.120.240 — Development Standards In addition to the development standards set forth in subchapter 153.050, Commercial and Industrial Zones, the following shall apply to drive-through establishments: 153.120 Standards for Specific Land Uses and Activities 153.120-11 CITY OF BALD WIN PARK—CHAPTER 153:ZONING CODE Standards for Specific Land Uses and Activities 153.120 A. Minimum lot size. A minimum lot size of 20,000 square feet shall be required for the establishment of any drive-through facility. B. Two-way driveways.Drive-through facilities shall have two-way driveways. C. Minimum queuing distances. Minimum queuing distances shall be provided as illustrated in Figure 153.120.240. Queuing aisles shall not be placed on any more than 2 sides of a building. Figure 153.120.240 Queuing Standards for Drive-through Facilities l \1, (= I it { q ••� Uk --- Menu board • --- Forwardmost �� /" Entrance to „, drive-up window queuing space KtiA Restaurant -> - - - Sidewalk Street LEGEND +-0 Minimum Distance= 140 Feet -.—• Minimum Distance = 120 Feet 153.120 Standards for Specific Land Uses and Activities 153.120-12 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Standards for Specific Land Uses and Activities 153.120 D. Circulation Plan. A parking and vehicular circulation plan encompassing adjoining streets and alleys shall be submitted for review and approval prior to the approval of a conditional use permit. Such plan shall provide for safe pedestrian access from parking lots to the main door and shall comply with applicable requirements of the American with Disabilities Act. E. Trash receptacle provision. A minimum of one outdoor trash receptacle shall be provided onsite. At least one additional on-site outdoor trash receptacle shall be provided for every 10 required parking spaces. F. Noise generating equipment. No noise-generating compressors or other such equipment shall be placed on or near any property line adjoining any residential zoned property. G. Speaker system noise. Drive-through speaker systems shall emit no more than 50 decibels 4 feet from the vehicle and the speaker, and shall not be audible above the daytime ambient noise levels beyond the property boundaries. The system shall be designed to compensate for ambient noise levels in the immediate area and shall not be located within 30 feet of any residentially zoned property. H. Screen wall. On any lot where a drive aisle or driveway is located such that vehicle headlights will shine onto an adjacent residentially zoned property, a screen wall shall be provided. PART 8 - Home Occupations § 153.120.250 - Intent and Purpose The purpose of regulating home occupations is to recognize the need of some homeowners to operate small businesses from their homes, and to provide a means of ensuring that adverse impacts, due to the mix of residential and commercial or professional uses, are mitigated to preserve the character of the residential area. § 153.120.260 - Permit Requirements To establish a home occupation, a home occupation permit shall be obtained from the Business License Department, in addition to all other required licenses and permits. 153.120 Standards for Specific Land Uses and Activities 153.120-13 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Standards for Specific Land Uses and Activities 153.120 § 153.120.270 - Use Regulations A. No display or storage. No display or storage of goods, wares, merchandise or stock in trade shall be maintained on the premises. B. Occupancy employment.No one other than persons residing on the lot where the home occupation is located may be regularly employed in such occupation. C. Dust, fumes, noise, and odor. No equipment used in conjunction with such occupation that emits dust, fumes, noise or odor, which could interfere with the peaceful use and enjoyment of adjacent properties is permitted. D. Floor space limit. Not more than 150 square feet of floor space of the dwelling shall be devoted to the home occupation. E. Traffic. No appreciable increase of traffic, pedestrian or vehicular shall result from such occupation. F. Signage.No sign not otherwise permitted in the zone in which the occupation is located shall be used. PART 9 - Hotels and Motels § 153.120.280 - Intent and Purpose The purpose of regulating hotels and motels is to establish a comprehensive set of use regulations applicable to the operation of hotels and motels that will ensure compatibility with surrounding properties and will safeguard against potentially adverse impacts on adjacent neighborhoods and residences. § 153.120.290 - Permit Requirements To establish and operate a hotel or motel, a market feasibility study shall be performed and submitted contemporaneously with the application for design review. § 153.120.300- Length of Occupancy Restriction No person shall permit the use or occupancy of any room, unit or combination of rooms or units, in a hotel or motel, for a period in excess of 30 consecutive calendar days. § 153.120.310- Development Standards In addition to the development standards set forth in subchapter 153.050, Commercial and Industrial Zones, the following shall apply to hotels and motels: 153.120 Standards for Specific Land Uses and Activities 153.120-14 CITY OF BALD WIN PARK—CHAPTER 153:ZONING CODE Standards for Specific Land Uses and Activities 153.120 A. Location.The lot upon which the proposed hotel or motel will be located must be within 300 feet of a freeway right-of-way, as designated by the State of California. B. Minimum number of guest units. The hotel or motel shall contain a minimum of 100 guest units. PART 10 - Medical Marijuana Dispensaries § 153.120.320 - Intent and Purpose The State of California passed the Compassionate Use of Marijuana Law in 1996, which allows for the use of marijuana for medical purposes. However, the Federal Government through its Controlled Substances Act prohibits the use and distribution of marijuana. The Supreme Court has confirmed that the Controlled Substances Act does not contain a "compassionate use" exemption; it is therefore a violation of Federal Law to possess or distribute marijuana, including possession or distribution for medical purposes. The intent of regulating medical marijuana dispensaries is to ensure consistency with Federal Law and minimize adverse impacts on properties. § 153.120.330 -Use Prohibited Medical Marijuana Dispensaries are prohibited in the city. § 153.120.340 - Reserved PART 11 - Second Dwelling Units § 153.120.350 - Intent and Purpose These regulations are provided pursuant to§§65852.1,65852.150 and 65852.2 of the Government Code to regulate the establishment and use of second dwelling units. § 153.120.360 - Use Regulations and Development Standards Second dwelling units shall be permitted as a matter of right, without any required discretionary review or permit, in conjunction with any existing single-family dwelling unit in the R-1, R-G and R-3 zones, provided any such second dwelling unit conforms to the following standards: A. Allowable density applies. The second dwelling unit shall not be considered to exceed the allowable density for the lot upon which it is located. 153.120 Standards for Specific Land Uses and Activities 153.120-15 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Standards for Specific Land Uses and Activities 153.120 B. Owner occupancy. The owner of the property shall reside within the primary or second dwelling unit. C. Rental requirements. The second dwelling unit may be rented but not sold. If the unit is rented, the property owner shall obtain a business license. D. Minimum lot size and dimensions apply. A second dwelling unit shall only be permitted on lots that have and maintain the minimum lot size and dimensions set forth in Table 153.040.030 of this chapter. E. Location. Each second dwelling unit shall be located within the rear 50 percent of the lot. F. One second dwelling unit permitted. Only 1 second dwelling unit shall be permitted per parcel or lot in conjunction with an existing single-family dwelling (primary dwelling unit). G. Minimum development standards apply. The second unit shall meet all minimum development standards for the zoning district in which it is located, including, but not limited to,height, setbacks, lot coverage and distance from animal-keeping areas. H. Building code.The second unit shall meet all building code requirements. I. Maximum height. Each detached second dwelling unit shall be limited in height to one story, with a maximum height not to exceed 15 feet at peak of roof or 12 feet for a flat- roofed structure. For a second unit attached to the existing single-family unit, the height shall not exceed the height of the existing structure, and the roof pitch shall match the existing structure. J. Detached second dwelling unit maximum floor space. For a detached second unit, the total floor space of the unit shall not exceed 1,000 square feet. K. Attached second dwelling unit allowable floor area. For a second unit attached to the existing single-family dwelling unit, the floor area of the second unit shall not exceed 30 percent of the floor area of the existing unit, provided, however, that a minimum of 400 square feet of habitable area shall be permitted. L. Parking. One enclosed parking space shall be provided for the second unit, in addition to any other parking required for the primary unit. M. Vehicular Access. The second dwelling unit shall utilize the same vehicular access that serves the existing main dwelling unit, unless the second unit has access from an alley contiguous to the lot. 153.120 Standards for Specific Land Uses and Activities 153.120-16 CITY OF BALDWIN PARK—CHAFFER 153:ZONING CODE Standards for Specific Land Uses and Activities 153.120 N. Similar architectural features. The second dwelling unit shall incorporate the same or similar architectural features,building materials and color as the primary dwelling unit on the property. These features shall include, but are not limited to, roofing material, roof design, fascia,exterior building finish, color,exterior doors and windows including, but not limited to, ratios of window dimensions (e.g.,width to height) and window area to wall area,garage door and architectural enhancements. § 153.120.370 - Second Units in R1-7,500 Second units are not permitted in the R1-7,500 zone. PART 12 - Service Stations § 153.120.380 - Intent and Purpose The purpose of regulating service stations is to establish a comprehensive set of regulations regarding the placement, location and development of service stations to ensure compatibility with surrounding properties and minimize potentially adverse impacts associated with increased traffic and permitted outdoor activities. § 153.120.390- Development Standards In addition to the development standards set forth in subchapter 153.050, Commercial and Industrial Zones, the following shall apply to service stations: A. Minimum lot area. The minimum lot area upon which a service station is located shall comply with these requirements. 1. The minimum lot area required for a service station shall be 15,000 square feet. 2. The minimum lot area required for a service station that is combined with another principal use shall be 20,000 square feet. 3. The minimum lot area required for a service station that has the facilities for dispensing diesel fuel shall be 20,000 square feet. B. Minimum lot width.The minimum lot width of a service station shall be 100 feet. C. Minimum yard dimensions.The following minimum yard dimensions shall be required for all service station developments. 1. The minimum front yard setback shall be 15 feet. 153.120 Standards for Specific Land Uses and Activities 153.120-17 CITY OF BALD WIN PARK-CHAPTER 153:ZONING CODE Standards for Specific Land Uses and Activities 153.120 2. The minimum street side yard setback shall be 15 feet. D. Yard area. No buildings or structures shall be permitted in any required yard area, except for the following permitted accessory uses. 1. Front and street side yard areas may contain freestanding signs and light fixtures. 2. Side yard areas may contain any permitted accessory use. 3. Rear yard areas may contain any permitted accessory use per these standards. a. The minimum distance between a building or structure and the property line separating the rear yard from an alley shall be 5 feet. b. The minimum distance between a building or structure and the property line separating the rear yard from a street shall be 15 feet. E. Vehicle circulation. Vehicle circulation for the pump islands shall not block or obstruct on-site parking facilities and/or off-site traffic circulation. § 153.120.400— Driveway Regulations A. Driveway approach approval. To minimize traffic hazards, the location and size of driveway approaches from any street shall be subject to approval of the Director of Public Works. B. Driveway abutting a building wall facing side or rear yard. Wherever a permitted driveway abuts a wall of a building facing a side or rear yard area, that portion of the wall shall be located at least 20 feet from the lot line. § 153.120.410— Landscape Regulations All landscaping shall be automatically irrigated and maintained and provided as follows: A. Landscape planter.A 5-foot-wide planter shall be installed along all street side property lines,with the exception of driveway openings. B. Corner lot planting area. A minimum of 150 square feet of planting area shall be maintained at the main corner intersection of a corner lot. 153.120 Standards for Specific Land Uses and Activities 153.120-18 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Standards for Specific Land Uses and Activities 153.120 C. Building facade planting area. A minimum of 40 square feet of planting area along the building facade that faces a street shall be maintained. D. Enclosed landscaped areas. All landscaped areas shall be enclosed within a masonry planter box or a 6-inch concrete curbing. § 153.120.420 - Site Development Regulations A. Employee breakroom entrance. The entrance to all employee breakrooms shall be screened from view of abutting or adjacent properties and streets by a decorative screen. B. Tire display. Movable pallets or racks for the display of new tires shall be permitted, provided that they are located within 10 feet of the service station building. In addition, one permanent enclosable fire cabinet shall be permitted, provided that it is located within 10 feet of the service building and not within the required yard areas. C. Equipment within enclosed building. Hydraulic hoists or pits and all lubrication, greasing, automobile washing, steam cleaning and repair equipment shall be used and wholly stored within an enclosed building. D. Merchandise within closeable cabinets/racks. With the exception of tires, batteries, accessories and lubricating items, all other merchandise shall be stored and displayed within closeable cabinets or racks inside of the service station building. PART 13 - Solar Panels § 153.120.430 - Intent and Purpose The purpose of regulating solar panels is to continue to maintain a high aesthetic standard within residential neighborhoods. § 153.120.440 - Development Regulations A. Solar panels and equipment roof-mounted and visible from street. Solar panels and related equipment mounted on roofs clearly visible from the street shall conform to the following: 1. Solar panels shall be generally mounted parallel with the roof pitch. 2. The distance between the roof and the uppermost portion of the solar panel shall not exceed 18 inches. 153.120 Standards for Specific Land Uses and Activities 153.120-19 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Standards for Specific Land Uses and Activities 153.120 3. Roof penetration shall be used to conceal water lines and/or electrical wiring from public view. B. Solar panels and equipment roof-mounted but not visible from street. Solar panels and related equipment mounted on roofs not clearly visible from the street shall conform to the following: 1. Solar panels shall be generally mounted parallel with the roof pitch. 2. The distance between the roof and uppermost portion of the collector shall not exceed 2 feet. 3. Exposed water lines are permitted,provided the covering insulation is colored to match that of the abutting roof and wall surfaces, and eave penetration is used for perpendicular descent of water lines from the roof to the exterior building wall surfaces. C. Structural supports and brackets.All mounting brackets and related structural supports extending more than 3 inches above the roof surface shall be covered in a manner architecturally compatible with the building to screen from public visibility and/or abutting properties. D. Match abutting surface color. All solar equipment, except portions of the collectors that must be black or clear glass or plastic to allow light transmission, including mounting brackets and/or screening materials, shall match the abutting surface color. E. Ridge line and gutter line. No portion of any roof-mounted solar equipment may extend above the ridge line or below the gutter line. F. Certification and labeling. The system must be certified by the state and appropriately labeled. G. Building permits and code requirements. All installations must be have applicable building permits and done in compliance with building and safety code requirements. 153.120 Standards for Specific Land Uses and Activities 153.120-20 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Standards for Specific Land Uses and Activities 153.120 PART 14 - Vehicle Storage § 153.120.450 - Intent and Purpose The purpose of regulating the storage, parking and repairing of vehicles is to minimize potentially adverse effects on surrounding residents and properties. § 153.120.460 - Parking Regulations A. Parking in parking facility or driveway. No person shall park any vehicle, or any component thereof, for any purpose, in any area on any private property other than in a legally established parking facility or driveway leading to a parking facility. B. No parking on unimproved lot. No person shall park any vehicle, or any component thereof, for any purpose,on an unimproved lot. C. Offering vehicle for sale. No person shall park any vehicle, or any component thereof, in a public or private parking lot or area for the purpose of offering the vehicle for sale. D. Abandoned and inoperable vehicles. No person shall store or park an abandoned or inoperable automobile, recreational vehicle, camper shell or boat on the driveway of a private property for more than 7 days. E. Commercial vehicles over 1 ton. No person shall store or park any commercial vehicle, as described in the State Vehicle Code,weighing over 1 ton in any residential zone. F. Vehicles over 6,000 pounds. No person shall store or park any vehicle, weighing over 6,000 pounds, on any portion of a commercially or industrially zoned lot, with the exception of an off-street parking or loading facility permitted pursuant to this Zoning Code. PART 15 Public Telephones § 153.120.470 - Intent and Purpose The purpose of regulating the location and standards for public telephones is to minimize potentially adverse effects on surrounding properties. § 153.120.480 -Use Regulations and Development Standards Public coin-operated telephones, hereafter telephone, shall be permitted as accessory uses on lots classified in any of the C or I zones, provided any such telephone conforms to the following standards: 153.120 Standards for Specific Land Uses and Activities 153.120-21 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Standards for Specific Land Uses and Activities 153.120 A. Lighting. The area in which a telephone is located shall be fully lit to provide adequate security lighting, as approved by the Police Department. B. Maintenance responsibility. The owner and/or person entitled to occupancy of the lot upon which a telephone is located shall be responsible to ensure that the telephone is maintained at all times in good working order and condition. C. Maintenance and operation. Each telephone shall be maintained in an operative condition. Inoperative telephones shall be removed within 30 days after they become inoperative. D. Location related to public right-of-way. No telephone shall be located so that it projects into a public right-of-way or be located so that any person using the telephone is required to be in a public right-of-way. E. Maximum number of telephones. The maximum number of telephones permitted on any lot shall be limited as follows: 1. On lots having a lot area of 15,000 square feet or less, two telephones. 2. On lots having a lot area of more than 15,000 square feet, but less than ten acres, three telephones. 3. On lots having a lot area of ten acres or more, four telephones. F. Signage. That one sign, not exceeding four square feet of sign face area, shall be permitted to be located upon each lot where a telephone is located, and the purpose of such a sign shall be to advise by words, letters or symbols the fact that a telephone is located on the premises. G. Location related to setback. Telephones and their supporting structures may not be located within any required setback, whether or not such setback is landscaped. H. Location related to enhances.The telephone shall be located a minimum of 10 feet away from each entrance and/or exit to a building or commercial unit. I. Telephones within enclosed building. The limitations contained in subsections (A) through (H) of this section shall not apply to a telephone which is located within an enclosed building, if such building has at least 500 square feet of floor area. 153.120 Standards for Specific Land Uses and Activities 153.120-22 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Standards for Specific Land Uses and Activities 153.120 § 153.120.490- Abatement Any telephone nonconforming to the standards listed in subsection A through I in§153.120.480 shall be subject to immediate abatement. PART 16 Emergency Shelters § 153.120.500- Intent and Purpose Consistent with Government Code §§ 65582, 65583(a) and 65589.5, all California cities are required to identify a zone in which to permit emergency shelters by right. The purpose of regulating the siting of emergency shelters is to ensure the development of emergency shelters do not adversely impact adjacent parcels or the surrounding neighborhood, and shall be developed in a manner which protects the health, safety and general welfare of the nearby residents and businesses,while providing for the housing needs of the homeless. § 153.120.510 - Use Regulations A. Maximum beds. The emergency shelter shall contain a maximum of 30 beds and shall serve no more than 30 homeless persons at a time. B. Maximum length of stay. Temporary shelter shall be available to residents for no more than 6 months. Staff and services shall be provided to assist residents to obtain permanent shelter and income. C. Lighting. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of- way and of an intensity compatible with the neighborhood. D. Onsite management. Onsite management of the facility shall be required during all open hours of operation. E. Management plan. The emergency shelter provider/operator shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to ensure compatibility with services provided at the facility and for training, counseling and treatment programs for residents. F. Licenses. The emergency shelter facility shall demonstrate that it is in and maintains in good standing County and/or State licenses, if required by these agencies for the owner(s), operator(s) and/or staff on the proposed facility. 153.120 Standards for Specific Land Uses and Activities 153.120-23 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Standards for Specific Land Uses and Activities 153.120 § 153.120.520 - Development Standards In addition to the development standards set forth in subchapter 153.050, Commercial and Industrial Zones, the following shall apply to emergency shelters: A. Proximity to other emergency shelters. No more than one emergency shelter shall be permitted within a radius of 300 feet. B. Waiting and intake areas.Interior onsite waiting and client intake areas must be at least 200 square feet. Outdoor onsite waiting areas may be a maximum of 100 square feet, and must be located within 50 feet of the public right-of-way. C. Security. Parking and outdoor facilities shall be designed to provide security for residents,visitors and employees. D. Common facilities. The development may provide one or more of the following specific common facilities for the exclusive use of the residents: 1. Central cooking and dining room(s) 2. Recreation Room 3. Counseling center 4. Child care facilities 5. Other support services E. Parking. On-site parking for emergency shelters shall be subject to requirements set forth in§153.150.040. PART 17 Massage Establishments and Services § 153.120.530 - Intent and Purpose The purpose of regulating massage and accessory massage uses is to promote operation of legitimate massage services and to prevent problems of blight and deterioration that accompany and are brought about by large numbers of massage establishments that may act as fronts for prostitution and other illegal activity. 153.120 Standards for Specific Land Uses and Activities 153.120-24 CITY OF BALDWIN PARK—CHAPTER 153:ZONING CODE Standards for Specific Land Uses and Activities 153.120 § 153.120.540 -Use Regulations A. Chapter 118: Massage Establishments. All accessory massage services and massage establishments shall comply with all applicable provisions of Title XI, Chapter 118, Massage Establishments, of this code. B. Accessory massage services. Accessory massage services shall only be provided in conjunction with a bona fide athletic club, gym, health club, hotel, day spa, medical office, chiropractic office, holistic health practitioner establishment, beauty parlor, beauty salon or hair salon. C. Hours of operation. The hours of operation for an accessory massage service and/or a massage establishment functioning as an independent use shall be between the hours of 7:00 A.M.and 9:00 P.M. § 153.120.550 - Development Standards The development standards set forth in subchapter 153.050, Commercial and Industrial Zones, shall apply to massage establishments, unless otherwise specified here. The location of massage establishments shall be limited as follows: A. Proximity to other massage establishments. No more than one massage establishment shall be permitted within a radius of 500 feet. B. Proximity to schools, parks and playgrounds. A massage establishment shall not be located within 500 feet of any public or private school,park or playground. C. Proximity to residential zoning districts. A massage establishment shall be a minimum of 250 feet from a residential zoning district. D. Locational restrictions waiver. A property owner may apply for a waiver of the locational restrictions contained in this section. The review authority, after a public hearing, may waive any location restriction,if all of the following findings are made: 1. The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this section will be observed; and 2. The use at the proposed location will not adversely affect the use of a place used exclusively as a school,park or playground;and 3. All applicable standards of this code and this zoning code will be observed. 153.120 Standards for Specific Land Uses and Activities 153.120-25 SUBCHAPTER 153.130 - SITE PLANNING AND GENERAL DEVELOPMENT STANDARDS Section Contents: §153.130.010 Intent and Purpose §153.130.020 Applicability §153.130.030 Permitted Projections into Required Yard Areas §153.130.040 Building Height §153.130.050 Architectural Standards §153.130.060 Fences and Walls §153.130.070 Refuse Collection Facilities §153.130.080 Property Maintenance §153.130.090 Clear Cross-Visibility Requirement §153.130.100 Street Dedications §153.130.110 Colors §153.130.120 Temporary Canopies § 153.130.010- Intent and Purpose The site planning and general development standards in this subchapter regulate the use of all buildings, structures and land within the city and are established to encourage high-quality design, enhance the aesthetic character of the city's neighborhood's and business districts, ensure compatibility between adjacent land uses, minimize public hazards and prevent the creation of nuisances and other conditions that are potentially harmful. § 153.130.020- Applicability The standards in this subchapter shall apply to all new construction, and to the renovation and alteration of existing uses or structures in all zones. § 153.130.030 - Permitted Projections into Required Yard Areas With the exception of the following, every required yard area shall remain open and unobstructed from the ground upwards: A. Maximum 2 foot projection. The following architectural and structural features may project up to 2 feet into a required yard area: 1. Cornices, eaves, belt courses, sills, bay windows, buttresses or other similar architectural features 153.130 Site Planning and General Development Standards 153.130-1 CITY OF BALDWIN PARK—CHAPTER 153:ZONING CODE Site Planning and General Development Standards 153.130 2. Stairways,balconies and fire escapes 3. Guard rails B. Maximum 3 foot projection. The following architectural and structural features may project up to 3 feet into a required yard area: 1. Planting boxes and masonry planters 2. Fireplace structures C. Projection and lot line minimum distance. A minimum distance of 3 feet shall be maintained between any permitted projection and any lot line. Figure 153.130.030-1: Permitted Projections into Setbacks ma�XN�� • �� I � �� 24" rl ....24"max II � I \` 24 max. pr- oper,, tbbe '\.. Minimum Required / • Side Setback 153.130 Site Planning and General Development Standards 153.130-2 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Site Planning and General Development Standards 153.130 § 153.130.040— Building Height A. Measurement of Building Height. Building height shall be measured as the vertical distance from the average level of the finished grade of the lot to the highest roof point of the building being measured. Figure 153.130.030-2: Measurement of Building Height SHED B. Exceptions to Building Height. FLAT A Penthouses or roof structures that HEIGHT EIGHr house elevators, stairways, tanks, GRADE GRADE ventilation fans or other equipment used to operate and GABLE HIP Maintain the building, skylights, `- HEIGHT H flagpoles, chimneys, smokestacks, GRADE GRADE fire or parapet walls and other similar structures may exceed the building height standard by a MANSARD GAMBREL maximum of 15 feet,provided any HE'GHT1 % HE'GH.I •0 GRADE GRADE such projection above the maximum permitted building height shall be subject to Zoning Clearance review, pursuant to subchapter 153.210, Administrative Procedures. § 153.130.050— Architectural Standards All buildings and structures shall be built and maintained in accordance with the following architectural standards: A. Exterior siding composition. Each structure shall have and maintain exterior siding composed of brick, wood, stucco, concrete or other similar material as approved by the City Planner.Metal siding and corrugated plastic or metal are prohibited. B. Roofing material. Each structure shall have and maintain a roof constructed with wood shake, shingle, asphalt, composition, rile (slate, concrete or clay) or other similar roofing material as approved by the City Planner.Metal roofing is prohibited. C. Eave projection. Each dwelling shall have and maintain an eave projection between 18 inches and 24 inches on at least two opposing sides. D. Security bars. Security bars shall not be mounted on the t3' e outside of an exterior wall, window or door of any dwelling unit. 153.130 Site Planning and General Development Standards 153.130-3 CITY OF BALDWIN PARK-CHAFFER 153:ZONING CODE Site Planning and General Development Standards 153.130 E. Design Guidelines Manual. All development shall comply with the adopted Design Guidelines Manual applicable to the type of development proposed. § 153.130.060 - Fences and Walls A. Height.Fence and wall height shall be measured as the vertical distance from the lowest ground elevation or finished grade to the highest point of the fence or wall. B. Height in residential zones. The following additional standards shall apply to all residential zones: 1. Walls, fences and hedges shall not exceed 3 feet in height within or along any front yard area. However, any fence consisting of wrought iron or combination wrought iron and pilasters, whereby the solid pilasters do not comprise more than 30 percent of the lineal fence length, shall be permitted to a maximum height of 5 feet. 2. Walls, fences and hedges shall not exceed 6 feet in height within or along any side or rear yard area. 3. Barbed wire, including,but not limited to, razor wire, razor tape or razor ribbon, are prohibited on any residentially zoned lot. 4. Corrugated metal and plastic as fencing materials are prohibited. 5. Chain link as fencing material is prohibited within any front yard or street side yard area. C. Height in commercial and industrial zones. Walls, fences and hedges in commercial and industrial zones shall not exceed 8 feet in height within or along a side yard or rear yard area. D. Retaining wall height. A retaining wall containing fill shall comply with the above height requirements, except the height of the wall used to retain the fill shall not contribute to the height of the wall. However, the overall height of the wall, including the retaining portion of the wall, shall not exceed 10 feet. E. Front yard fence or wall. The construction, installation, or significant modification of any fence or wall in a front yard area shall require Zoning Clearance pursuant to subchapter 153.210,Administrative Procedures. 153.130 Site Planning and General Development Standards 153.130-4 CITY OF BALDWIN PARK—CHAPTER 153:ZONING CODE Site Planning and General Development Standards 153.130 Figure 153.130.030-3: Fence and Wall Regulations 10'setback for a distance o(10'when adiocentto a key at io le' 1P I \. n at I IN 6'mack height outside o( w wit '`` I� ���K I traffic visibility. '_ �O lttlltl �� '��Diw nt yard a= .�...- l `l sae Street Property line is traffic rep ty ♦ ailit (4a.._'11141101111.' v ,�- visibility height within\ doHc saed i the d b lily Street side \ ,area Properly line \\ 356r1(flc safety \ �ns ryarea § 153.130.070 — Refuse Collection Facilities A. Development standards. All refuse collection areas shall comply with the following development standards: 1. The refuse collection area shall 1 , .4116"."be enclosed by a 6-foot-tall 441 i i� masonry wall with an opaque , I 6'Minimum 8'Minimum and latchable gate. i Width Depth 1 2. The minimum dimensions of • ■_1���1 1 I: F6'Minimem ♦ .. " Height the refuse collection area shall ■ ■t,/ ►a n ' measure 6 feet in width and 8 iv .01.• ��� �� "` feet in length. )`? Required°'° , 4416k 3. An area directly in front of the oa r refuse collection area I measuring at least 6 feet by 8 feet shall be Figure 153.130.030-4:Refuse Collection Enclosures maintained free of any obstacles to permit easy access. This area shall be paved with concrete no less than 5 inches thick. 153.130 Site Planning and General Development Standards 153.130-5 CITY OF BALD WIN PARK—CHAPTER 153:ZONING CODE Site Planning and General Development Standards 153.130 4. The refuse collection area shall be screened in a manner approved by the City Planner so that the contents are not visible from any public street or adjacent property. 5. The refuse collection area shall be conveniently located to the uses served to allow easy refuse disposal and collection by refuse vehicles. B. Maintenance.All refuse collection areas shall be maintained in a clean, safe and sanitary manner. C. Common refuse facilities. For those multi-family residential uses which have common refuse facilities,the following regulations shall apply: 1. Table 153.130.060 lists the minimum number of refuse bins that shall be provided and maintained. TABLE.153.130.060.;.. Required Trash Bins for Multi-family Residential Zones Number of Dwelling Units Minimum Number of Bins Required 2-14 1 15-24 2 25-34 3 35-44 4 45+ 5 Note (1) Each bin shall have a minimum capacity of 3 cubic yards. 2. In addition to the refuse collection area, a minimum 25-square-foot area shall be provided for the collection of recyclable materials. 3. The refuse collection area shall be located no more than 150 feet from the dwelling units served. D. Commercial and industrial refuse collection facilities. All commercial and industrial uses shall comply with the following refuse collection facility regulations: 1. For any one business or combination of businesses in a building or related collection of buildings containing 1,000 to 20,000 square feet of gross leasable floor area, 1 refuse collection facility shall be provided. 153.130 Site Planning and General Development Standards 153.130-6 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Site Planning and General Development Standards 153.130 2. For any one business or combination of businesses in a building or related collection of buildings containing 20,001 square feet or more of gross leasable floor area, 1 refuse collection facility for the first 20,001 square feet, plus 1 additional facility for each 15,000 square feet in excess of 20,001 shall be provided. § 153.130.080- Property Maintenance The following standards are established to regulate the maintenance of all properties, land uses and structures within the city: A. Property maintenance. All properties within the city shall be kept and maintained in a clean, neat, orderly, operable and usable condition that is safe both to occupants and passers-by. This requirement applies to buildings, portions of buildings, paving, fences, walls,landscaping,water, earth and any other structure or natural feature. B. Building and structure maintenance. All buildings and structures shall be kept and maintained as follows in a manner that does not detract from the appearance of the immediate neighborhood and that protects the health, safety and welfare of the use, occupants and the general public: 1. Buildings and structures shall be maintained in such a manner to prohibit dry rot, warping, termite infestation, decay, cracking, peeling or chalking to ensure that the building is not unsafe, unsightly or in a state of disrepair. 2. Building exteriors, driveways, chimneys, gutters, downspouts, sidewalks and walkways shall be maintained in such a manner to prohibit broken, deteriorated, substantially defaced, structurally unsound or other similar conditions to ensure that such structures are not dangerous, defective or unsightly. 3. Structurally unsafe buildings, including, but not limited to, those with known fire hazards, faulty weather protective roofs,broken window and doors, partially constructed structures, unoccupied and open buildings, abandoned signs and damaged buildings shall be demolished, removed or fenced to prevent public access or harm. 4. Maintenance of premises shall be in harmony or conformity with the maintenance standards of adjacent properties to prohibit substantial diminution of the enjoyment,use or property values of adjacent properties. C. Fence and wall maintenance. All fences and walls shall be kept and maintained as follows in a manner that does not to detract from the appearance of the immediate 153.130 Site Planning and General Development Standards 153.130-7 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Site Planning and General Development Standards 153.130 neighborhood, and that protects the health, safety and welfare of the user, occupant and general public: 1. Fences and walls shall not be sagging,broken, rotted or have defective,broken or missing support posts, fence boards or other structural members. 2. Fences and walls shall be maintained in such a manner to prohibit dry rot, holes or warped or leaning areas, or other hazardous conditions harmful to property owners, occupants or passers-by. 3. Fences and walls shall be maintained free of graffiti. 4. Fences and walls shall not be used as clotheslines. D. Paved area maintenance. All paved areas including sidewalks, driveways and private roadways shall be kept and maintained in a manner that does not detract from the appearance of the immediate neighborhood, and that protects the health, safety and welfare of the user, occupant and general public. E. Yard and landscaping maintenance. All yards, landscaped areas and other open space areas of private property shall be kept free of trash, old building materials, junk, unlicensed or inoperative vehicles, broken or discarded furniture, appliance, building materials, toys, boxes, salvage materials, clotheslines, shopping carts and other such material and equipment which,by its appearance, location or use, makes it incompatible with the principal use or other predominate principal uses in the neighborhood. F. Ground and water maintenance. Erosion, subsidence and surface water problems within a property shall be abated. G. Residential use and storage of solid waste containers. The following provisions apply to residential use and storage of solid waste containers: 1. Trash receptacles shall not be permanently stored in the front yard of any residential property be may be placed no earlier than 6 P.M. on the day before collection and must be put away no later than 24 hours following collection. 2. All items too large to fit into containers including,but not limited to, appliances, furniture and mattresses, shall be disposed of by self-transport of such items to end-disposal facilities. 3. All loose materials which normally fit into containers but which are excess as a result of special circumstances such as holidays shall be bundled and tied 153.130 Site Planning and General Development Standards 153.130-8 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Site Planning and General Development Standards 153.130 securely to prevent them from blowing or scattering and shall be placed beside the containers. 4. No resident shall deposit household solid waste in any receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians. 5. Removal of trash or other scavenging from private residential solid waste containers is prohibited. H. Nonresidential use and storage of solid waste containers. The following provisions apply to nonresidential use and storage of solid waste containers: 1. All establishments and institutions which generate solid waste for collection by the city or approved contractors shall provide appropriate containers for storage of solid waste, as proscribed by§ 153.130.107. 2. Containers shall be kept covered at all times. 3. No owner, manager or employee of a commercial or industrial business or any institution shall deposit solid waste from that establishment or institution in any receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians. § 153.130.090— Clear Cross-Visibility Requirement To safeguard against vehicle, bicycle and P i pedestrian collisions caused by visual q i;i+asi obstructions at street intersections, a clear cross- I tktrt Corner visibility area shall be maintained at the i Lot intersection of public rights-of-way, unobstructed by any fence or wall taller than 36 inches above the street grade, as provided in the diagram to the ft right. At any corner formed by the intersection of \ itkt 2 streets, the required clear cross-visibility area � . shall be a triangle having 2 sides, each 15 feet / E— e» I� �� long extending along the curb line of each street. /n. Clear Visibility Triangle -- Noihing shall be placed here above a moximum 36 height. Figure 153.130.090-1:Clear-Cross Visibility Requirements 153.130 Site Planning and General Development Standards 153.130-9 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Site Planning and General Development Standards 153.130 § 153.130.100 — Street Dedications A. Dedication as condition of approval. To mitigate potential problems associated with project generated traffic and circulation, dedication of right-of-way and construction of street related improvements may be required as a condition of approval of permits. B. Dedication standards. The following standards shall govern any street dedications or improvements: 1. No new construction or renovation shall be granted utility connections and a certificate of occupancy until one-half of the street along the lot frontage is dedicated and improved according to city standards. For development of a portion of a lot, dedication and improvement shall apply only to abutting streets of that portion of the lot. 2. Additional street improvements shall not be required when the abutting street is already improved according to city standards. 3. A deed granting an easement for a public street shall be submitted to the City Engineer before approval of any permit. 4. All streets shall be dedicated to the width established in the General Plan Circulation Element. 5. Street improvements shall include curb and gutter, pavement, sidewalks, storm drains and a landscaped parkway, or as otherwise denoted by the Director of Community Development and Director of Public Works. 6. Street dedications shall include a clear cross-visibility area at intersections pursuant to§153.130.090. C. Dedication interpretation authority. Whenever uncertainty exists regarding the need for street dedication and improvement, the Director of Public Works shall determine the need for dedication or improvement based upon road standards studies and information contained in applicable plans. § 153.130.110 — Colors The following standards are established to enhance and preserve the city's visual and aesthetic image through the placement and use of color on structures: A. Colors on new structures. The following standards shall govern any new structures within all commercial,industrial,residential and open space zones. 153.130 Site Planning and General Development Standards 153.130-10 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Site Planning and General Development Standards 153.130 1. The primary exterior color of the building shall be limited to an earthen hue background color, which is integral or applied consistently to the exterior material. Acceptable colors include off-whites, siennas, light grays, beiges, tans, browns, or other similarly subdued tones, shades or colors as determined by the Director of Community Development. 2. Special architectural features may use brighter colors as an accent. Colors shall complement the main body color of the building, as well as highlight decorative details (such as ornaments, trims, fascias inlays, tile, ironwork, awnings and other architectural features), as determined by the Director of Community Development. 3. Exterior structure colors shall be reviewed in conjunction with a request for any type of entitlement review as required by this code or as a result of any determination of non-conforming status. 4. Exterior building elevation plans and color samples indicating proposed color schemes shall be provided as required by the Director of Community Development. 5. Approval authority for colors on the exterior of all buildings shall be by the Director of Community Development or Design Review Committee, as applicable. C. Colors on existing structures. Existing structures which are a color that does not comply with the provisions of this section shall be required to comply within 5 years of written notice to the property owner. Structures which are painted after 2004 with a color(s) that does not comply with the provisions of this section shall be required to comply with this ordinance within 90 days of written notice to the property owner. § 153.130.120- Temporary Canopies A. Canopy structures within view of public right-of-way. Canopy structures located within the view of a public right-of-way, which includes any front yard area, side yard and driveway areas, shall be prohibited in all residential zones, with the following exception: 1. Canopy structures with a projected canopy area of no greater than 200 square feet, a height no greater than 8 feet and a length of no greater than 20 feet may be permitted in a rear yard area that is fully screened by fencing or shrubs at least 6 feet in height. 153.130 Site Planning and General Development Standards 153.130-11 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Site Planning and General Development Standards 153.130 B. Canopy structure maintenance. Canopy structures shall be maintained in good condition.Torn fabric and bent or broken support members shall be replaced or repaired as needed. Any structure considered to be in disrepair, as determined by the Director of Community Development, shall be repaired, replaced or removed from the site. C. Covering material.Reflective,mirrored-type covering material is prohibited. D. Nonconformity and abatement. Any existing canopy shall be deemed nonconforming and is subject to immediate abatement. In no event shall any such structure be permitted to remain. Should the city receive notice of a violation relating to any canopy structure, the property will be issued a notice to completely remove the canopy structure from the site within 72 hours of receiving the notice. E. Temporary canopy. A temporary permit may be issued for the placement of a temporary canopy once a year per property, not to exceed a period of 5 days. Such permit issuance shall be subject to review and approval of the Planning Division. 153.130 Site Planning and General Development Standards 153.130-12 SUBCHAPTER 153.140 - PERFORMANCE STANDARDS Section Contents: §153.140.010 Intent and Purpose §153.140.020 Applicability §153.140.030 Hazardous Materials and Wastes §153.140.040 Light and Glare §153.140.050 Utilities §153.140.060 Electrical Disturbance §153.140.070 Noise §153.140.080 Odor §153.140.090 Vibration § 153.140.010 - Intent and Purpose The performance standards in this subchapter are established to minimize public hazards, prevent the creation of nuisances and other conditions that are potentially harmful or discomforting, protect and improve the environment and the appearance of the community and deter blighting. § 153.140.020- Applicability The performance standards in this subchapter shall apply to all new construction, renovation and alteration of existing uses or structures in all zone districts. Buildings and land uses shall not be used or constructed if they create a dangerous, noxious, fire, explosive or other hazard; noise or vibration; smoke, dust, odor, air pollution or glare; or liquid or solid wastes in amounts that adversely affect surrounding areas. These standards shall be applied in addition to the development standards required for each zone. § 153.140.030 - Hazardous Materials and Wastes A. Hazardous materials standards. To protect the health and welfare of the residents and business community of the city, the use, storage, manufacturing or disposal of hazardous materials shall be regulated and monitored according to standards established by the United States Environmental Protection Agency (EPA), the California Department of Health Services (DHS), the California Department of Toxic Substances Control (DTSC) and others identify hazardous materials and prescribe handling, use and disposal practices. B. Risk management and prevention program. A risk management and prevention program, together with an inventory statement that is in accordance with federal, state 153.140 Performance Standards 153.140-1 CITY OF BALDWIN PARK—CHAPTER 153:ZONING CODE Performance Standards 153.140 and local laws, shall be prepared for all structures and land uses using materials identified as hazardous by the EPA,DHS,DTSC or other agency, as applicable. C. Flammable materials and open fires. The use and storage of flammable or explosive materials shall comply with the fire prevention code of the city and all applicable ordinances. No open burning is permitted unless a written permit for such activity has been issued by the South Coast Air Quality Management District. D. Hazardous materials discharge. No liquid or solid waste or similar material that may contaminate water supplies, interfere with bacterial processes in sewage treatment or otherwise cause the emission of dangerous or offensive elements shall be discharged into the public sewer or private disposal system, except in accordance with the requirements of Baldwin Parks' Public Works Code and other applicable regulations. E. Radioactivity.No activity that emits dangerous levels of radioactivity shall be permitted at any time. § 153.140.040 -Light and Glare A. Safety lighting. Lighting for safety purposes shall be provided at entryways, along walkways, between buildings and within parking areas. B. Lighting support structure height. 0 0:66 2 e �+ ` 0.07 Lighting support structures shall not LIGHT T s 0 - exceed the maximum permitted STANDARD building height for the zone in which they are located. However, in no event shall a lighting support structure exceed a height of 40 feet. C. Candle-power. The candle-power of 0.00-INTENSITY IN FOOTCANDLES all lights shall be the minimum required to accomplish the purpose of ASSUMPTIONS: q P P P 250-WATT HIGH-PRESSURE SODIUM LAMP the light.The adjacent diagram shall be -20-FOOT LIGHT STANDARD HEIGHT used as a guide for determining the SO lighting required. D. Constant light. Flickering or flashing lights shall not be permitted. All lights shall be constant and shall not change intensity or color more often than once every 30 minutes. 153.140 Performance Standards 153.140-2 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Performance Standards 153.140 E. Buffer areas. Light sources shall not be located in buffer areas, except those required to illuminate pedestrian walkways. F. Lighting orientation and shielding.All lights shall be directed, oriented and shielded to prevent light from shining onto adjacent properties, onto public rights-of-way, and into driveway areas in a manner that would obstruct motorists'vision. G. Advertising signs lighting. Lighting for advertising signs shall not cause light or glare on surrounding properties. § 153.140.050 — Utilities A. Utility service connections. The developer or owner of a property shall be responsible for utility service connections, in cooperation with responsible utility companies. B. Underground utilities. To protect public safety and improve the appearance of the community, all new development shall be required to install all electrical distribution lines of 16 kilovolts or less, telephone, cable television and similar wires that provide customer services underground,except for the following: 1. Utility poles within 6 feet of the rear lot line for terminating underground facilities; 2. Temporary utilities while construction is ongoing; 3. Risers and poles as provided by the developer or owner; 4. Meter boxes, terminal boxes and similar equipment; 5. Transformers,except that all transformers shall be located in underground vaults where possible;and 6. Infill development in residential zones where existing overhead lines serve the area. § 153.140.060 — Electrical Disturbance No activity shall be permitted if it causes electrical disturbance that affects the operation of equipment located beyond the property line. Radio, television and microwave transmitters shall be suitably wired, shielded and controlled so that they do not emit electrical waves or impulses that may affect other electronic devices or equipment. 153.140 Performance Standards 153.140-3 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Performance Standards 153.140 § 153.140.070— Noise A. Standards applicable to all zones. The regulations in this section aim to prohibit unnecessary, excessive and annoying noises from all sources, as certain noise levels are detrimental to the health and welfare of individuals. The standards apply to all land uses in all zones unless otherwise specified. B. Noise measurements. Noise shall be measured with a sound level meter that meets the standards of the American National Standards Institute (ANSI Section S1.4-1979, Type 1 or Type 2). The unit of measure shall be designated as a decibel (dBA). Noise levels shall be measured in dBA at the property line of the receptor property, and at least 4 feet above the ground and 5 feet from the nearest structure or wall. Where a boundary or wall exists,the measurement shall be made on the receptor property. A calibration check shall be made of the instrument at the time any noise measurement is made. C. Exterior noise standards 1. No person shall create or allow the creation of noise that causes the exterior noise level to exceed the noise standards set forth in Table 153.140.070(C). TABLE 153.140.070 (C) Noise Standards Allowable Noise Level Zone Time (dbA)` Residential 7 A.M.-7 P.M. (Day) 55 Residential 7 P.M.—10 P.M.(Evening) 50 Residential 10 P.M.-7 A.M. (Night) 45 Commercial 7 A.M.-10 P.M. (Day and 65 Evening) Commercial 7 P.M.-7 A.M. (Night) 55 Industrial Anytime 65 2. Increases in the allowable exterior noise levels listed in Table 153.140.070 (C) may be permitted in accordance with the standards outlined in Table 153.140.070 (D) TABLE 153.140.070 (D) Permitted Increases in Noise Levels Duration(cumulative minutes per 24 hour Permitted.Increase(dbA) period) 5 15 10 5 15 1 20 Less than 1 minute 153.140 Performance Standards 153.140-4 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Performance Standards 153.140 D. Interior noise standards. 1. No person shall create or allow the creation of noise that causes the interior noise level when measured within any dwelling unit to exceed 45 dbA at any time. 2. Increases in the allowable interior noise level may be permitted in accordance with the standards outlined in Table 153.140.070(F). TABLE 153.140.070 (F) Permitted Increases in Interior Noise Levels Duration(cumulative minutes per 24 hour Permitted Increase(dbA) period)' 5 1 10 Less than 1 minute E. Enclosed equipment. Utilization of compressors or other equipment, including, but not limited, to vents, ducts and conduits, but excluding window or wall-mounted air- conditioners, which are located outside of the exterior walls of any building, shall be enclosed within a permanent, noncombustible, view-obscuring enclosure to ensure that the equipment will not emit noise in excess of the ANSI standards. § 153.140.080— Odor A. Odor standards. Any process that creates or emits and odors, gases or other odorous matter shall comply with standards set by the South Coast Air Quality Management District. B. Continuous, frequent or repetitive odorous gases. No use shall be permitted to emit continuous, frequent or repetitive odorous gases such as to be detectable without the aid of instruments at or beyond the lot line of the site. An odor emitted no more than 15 minutes in any one day shall not be deemed as continuous,frequent or repetitive. § 153.140.090 — Vibration Vibration may disturb the conduct of certain activities and create discomfort for some individuals. To minimize the disturbance and inconvenience from vibrations, no person or use shall create, maintain or cause ground vibration that is discernable without the aid of instruments to a person of normal sensitivity at any point on a property that is adjacent to the property of the vibration source. The ground vibration caused by moving vehicles, trains, aircraft or temporary construction or demolition is exempted. 153.140 Performance Standards 153.140-5 SUBCHAPTER 153.150-OFF-STREET PARKING AND LOADING Section Contents: §153.150.010 Intent and Purpose §153.150.020 Applicability §153.150.030 Parking Plan Review Requirements §153.150.040 Number of Parking Spaces Required §153.150.050 Parking Development Standards §153.150.060 Off-Site Parking in a Residential Zone Associated with a Commercial or Industrial Use §153.150.070 Parking Development and Maintenance Standards §153.150.080 Parking Lot and Space Location Standards §153.150.090 Use Restrictions §153.150.100 Parking Lot and Structure Design Standards §153.150.110 Parking Lot Landscaping Standards §153.150.120 Shared Parking §153.150.130 Driveway Standards §153.150.140 Off-Street Loading Standards §153.150.150 Bicycle Parking Standards §153.150.160 Parking In-Lieu Program § 153.150.010 - Intent and Purpose The intent of the regulations in this subchapter is to ensure that all land uses in the city provide adequate off-street parking facilities, loading areas and vehicle movement areas;that the use of land does not adversely interfere with the circulation on public rights-of-way; that private on- site circulation does not pose potential safety issues; and that surrounding uses are insulated from noise and traffic impacts associated with off-street parking and loading activities. § 153.150.020- Applicability Every use permitted in each zone shall provide and permanently maintain off-street parking facilities and vehicular loading spaces as required by the provisions of this subchapter. The minimum standards shall apply to all new construction and to the expansion, renovation, conversion or alteration of any existing use or structure in any zone. § 153.150.030 - Parking Plan Review Requirements A. Parking plan. Parking lot design shall be reviewed in conjunction with a building permit or any other land use or development permit required for a project. Wherever 4 or more parking spaces are required for a new or modified development, a site plan of 153.150 Off-Street Parking and Loading 153.150-1 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Off-Street Parking and Loading 153.150 the premises shall be required. The site plan shall be submitted to the City Planner and shall include sufficient detail to determine compliance with the provisions of this subchapter. The Director of Community Development shall have the authority to require that the parking plan address ingress and egress locations, traffic movements and other operational conditions. B. Zoning clearance. Modification or improvement to an existing parking lot that impacts the parking space layout, or the configuration or number of parking stalls shall require a zoning clearance to authorize the modification, pursuant to subchapter 153.210, Administrative Procedures. C. Exempt from parking plan review. The following parking lot improvements shall be considered minor in nature and shall be exempt from parking plan review: 1. Repair of any defects in the surface of a parking area, including holes and cracks. 2. Resurfacing, slurry coating and restriping of a parking area with identical delineation of parking spaces. 3. Repair or replacement of damaged planters and curbs in the parking area. § 153.150.040— Number of Parking Spaces Required Table 153.150.040 below indicates the minimum number of parking spaces required for each listed land use. The following regulations shall apply to the calculation of required parking spaces: A. Fractional numbers. Any fractional parking space greater than or equal to one-half shall be rounded to the next whole number. B. Off-street parking for unlisted land use. The number of parking spaces required for land uses not specifically listed shall be determined by the City Planner based on common functional, product or compatibility characteristics and activities. Such determination is considered a formal interpretation of the Zoning Code and shall be decided and recorded as such. C. Multiple uses on one site. If more than one land use is located on a site, the number of required off-street parking spaces shall be equal to the sum of the number requirements prescribed for each land use. D. Handicapped/accessible parking. Handicapped/accessible parking shall be provided as required by state law. 153.150 Off-Street Parking and Loading 153.150-2 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Off-Street Parking and Loading 153.150 Table 153.150.040 Number of Required Parking Spaces Land Use Minimum Number of Spaces Required Artist Studio/Gallery 1 space/450 square feet of gross floor area Automotive and Equipment Sales/Service a. Automotive Sales/Rental/Leasing a. 1 space/2,000 square feet of site area b. Automotive Repair/Installation b. 1 space/250 square feet of building area,plus 3 spaces/service bay c. Automotive Storage c. 1 space/employee d. Heavy Equipment Rental and Sales d. 1 space/400 square feet of building area,plus 1 space/2,000 square feet of site area e. Large Equipment Repair e. 2 spaces/service bay Banks and Financial Services 1 space/200 square feet of building area Banquet Hall/Lodge/Meeting Hall 1 space/3 seats or 1 space/35 square feet of assembly area Caretaker Housing 1 space/dwelling unit Day Care Facilities a. Small-Family Day Care Home a. No requirement beyond standard single-family residential dwelling b. Large-Family Day Care Home b. 2 spaces for single-family dwelling,plus 1 space/employee not residing in the home,plus 1 space for drop-off and pick-up c. Day Care Facility c. 1 space/employee plus 1 space/facility vehicle,plus 1 space/8 children(or adult,if adult day care)at facility licensed capacity Church or other Place of Worship 1 space/3 fixed seats or 1 space/50 square feet of assembly area,plus spaces required for auxiliary uses Commercial Entertainment a. Motion Picture or Live Theater a. 1 space/3 seats b. Dance Halls b. 1 space/3 seats,plus 1 space/50 square feet of dance floor area c. Sports Arenas c. 1 space/3 seats Commercial Recreation a. Health/Fitness Club a. 1 space/150 square feet of building area b. Billiard/Bowling Alley b. 3 spaces/100 square feet of building area c. Arcade/Internet Cafe c. 1 space/150 square feet of building area Drug Store/Pharmacy 1 space/250 square feet of building area or space within an associated facility 153.150 Off-Street Parking and Loading 153.150-3 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Off-Street Parking and Loading 153.150 Tali1e 153.150.040 Number of Required Parking Spaces Land Use Minimum Number of Spaces Required Dwelling a. Single-family Detached,Duplex, a. 2 garage spaces/dwelling unit,plus 1 additional Condominium and Townhouse garage or surface space where dwelling unit contains 5 or more bedrooms b. Apartments b. 1 carport space/dwelling unit,plus 1 other space/dwelling unit c. Efficiency Apartments c. 1 space/dwelling unit d. Senior Housing d. 1 space/dwelling unit For all but single-family detached dwellings,Guest Parking shall be provided at 1 space/3 dwelling units Emergency Shelter 1 space/5 beds and 2 additional spaces Equipment Sales and Rental a. Indoor display a. 1 space/250 square feet of building area b. Outdoor display b. 1 space/1,000 square feet if display area,plus any required for indoor display or related use Food and Beverage Sales: a. Grocery Store,Liquor Store,Specialty a. 1 space/200 square feet of building area Food Shop b. Convenience Store b. 1 space/150 square feet of building area Industrial/Manufacturing/Materials/Goods 1 space/500 square feet of building area Processing Hospital/Medical Service a. General Hospital Service a. 2 spaces/1 bed b. Medical/Dental Office b. 1 space/200 square feet of building area c. Ambulance Service c. 1 space/ambulance,plus 1 space/250 square feet of office space Hotel/Motel 1 space/guest room,plus additional parking as required for any on-site restaurant, conference facility or other auxiliary use Kennel 1 space/250 square feet of site area Laundry 1 space/750 square feet of building area Mobile Home Park 2 spaces/mobile home site,plus 1 guest space/5 mobile home sites - Office-Business and Professional(other 1 space/250 square feet of building area than medical or dental) Personal Service Business 1 space/200 square feet of building area 153.150 Off-Street Parking and Loading 153.150-4 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Off-Street Parking and Loading 153.150 Table 153.150 040 Number of;Required Parking;S paces ;: an Use Minimum Number of Spaces Required Restaurant/Bar a. Bar a. 1 space/150 square feet of building area b. Restaurant b. 1 space/100 square feet of building area c. Night Clubs and Discotheques c. 1 space/100 square feet of building area Retail Sales-General 1 space/250 square feet of building area School a. Elementary or Secondary(Private) a. 1 space/employee plus,1 space/classroom b. High School(Private) b. 1 space/employee plus,1 space/2 students in 11th and 12th grade c. Specialized and Vocational c. 1 space/35 square feet devoted to instructional purposes plus,1 space/classroom Self-storage Facility 4 spaces,plus 2 spaces for management and employees Service Station a. Stand-alone Station a. 2 spaces/service bay b. With Accessory Retail/Convenience b. 5 spaces or first 1,000 square feet,plus 1 space/300 Market square feet thereafter c. With Vehicle Maintenance/Repair c. 2 spaces/service bay Warehousing and Distribution 1 space/1,000 square feet of building area Note: Building area defined as gross usable area § 153.150.050 - Parking Development Dimensions and Locations All required parking facilities shall be constructed and maintained in accordance with the following regulations. A. Minimum standard parking space dimensions and location. Each standard surface parking space shall comply with the following requirements: 1. Have a minimum width of 10 feet, unless it is adjacent to a structure, such as a fence or wall, and then shall have a minimum width of 10 feet 6 inches. 2. Have a minimum length of 20 feet. 3. Be located so that an automobile is not required to back onto a public street. 4. Maintain at least 24 feet of backup space directly behind each parking space. B. Minimum parallel parking space dimensions. Each parallel surface parking space shall comply with the following requirements: 153.150 Off-Street Parking and Loading 153.150-5 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Off-Street Parking and Loading 153.150 1. Have a minimum width of 10 feet. 2. Have a minimum length of 23 feet. C. Minimum enclosed garage parking space dimensions. Each enclosed garage parking space shall comply with the following requirements: 1. Have a minimum width of 10 feet. 2. Have a minimum length of 20 feet. D. Parking located in required yard areas. All parking spaces and facilities shall not be located within a required front or street side yard area. E. Underground parking facilities. Underground parking facilities shall comply with the following requirements: 1. The parking facilities may be located within a required yard area, except a required front yard area. 2. The parking facilities must be constructed in a manner acceptable to the City Engineer to ensure that there will be adequate lateral support and safe vehicular and pedestrian ingress and egress. § 153.150.060 — Off-Site Parking in a Residential Zone Associated with a Commercial or Industrial Use In addition to the requirements set forth in§ 153.150.050,any parking lot or structure developed in conjunction with any commercial or industrial use that is legally established within a residential zone shall comply with the following standards and limitations: A. Parking space ingress and egress. Each surface parking space shall be located so that an automobile is not required to back onto a public street or onto any adjacent lot developed with a residential use. B. Passenger vehicle parking only.The parking facility shall be used solely for the parking of private passenger vehicles belonging to patrons of the permitted use. C. Parking facility location. The parking facility shall be located directly adjacent to the nonresidential use it serves. 153.150 Off-Street Parking and Loading 153.150-6 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Off-Street Parking and Loading 153.150 D. Perimeter wall.A minimum 6-foot-high masonry block wall shall be constructed on any lot abutting any residentially zoned property. The wall shall be reduced to 3 feet in height in and along any required front yard area. E. Front yard. A front yard area of at least 10 feet in depth is required for such parking facilities,which shall be fully landscaped. F. Landscaped buffer. In addition to the masonry block wall, a fully landscaped buffer strip measuring a minimum of 3 feet in depth shall be provided on the nonresidential side of the wall. G. Access driveway width. The parking facility shall have and maintain a minimum vehicular access driveway width of 20 feet. However, the Director of Community Development shall have the authority to require a wider driveway width based on City and County Fire Department requirements and/or other circumstances associated with the location,purpose, and design of the driveway. § 153.150.070- Parking Development and Maintenance Standards A. Pavement. All off-street parking spaces, driveways and aisles shall be paved with concrete or asphalt concrete pavement in accordance with adopted city standards. B. Pavement maintenance. The pavement within all parking and storage areas shall be structurally sound, clean and free of dust, mud and trash. All pavement repair, reconstruction or restoration work shall be done in accordance with city standards. C. Striping. All parking spaces shall be clearly striped showing the layout of the intended parking stalls. Striping shall not be less than 3 inches in width and shall be maintained so it is clear and visible. D. Wheel stops. Suitable concrete curb wheel stops or continuous curbing designed to stop the movement of vehicles may be required as a condition of project approval. Such curbing shall be securely installed and permanently maintained. E. Signage. Where required as conditions of approval for safety purposes, approved exit, entrance and directional signs and markings shall be installed and maintained. F. Screening wall. A solid masonry wall shall screen all parking areas located abutting a residentially zoned lot, street or alley. The wall shall be a minimum of 6 feet in height along rear and side yards and 3 feet along front and street side yard areas. All wall heights shall be measured from the grade of the surface of the residentially zoned lot. A minimum 6-foot tall landscape berm may be substituted for the required wall adjacent 153.150 Off-Street Parking and Loading 153.150-7 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Off-Street Parking and Loading 153.150 to a front or street side yard, at the discretion of the City Planner, or by discretionary applications subject to Planning Commission review and approval. G. Lighting. Suitable lighting shall be provided to adequately illuminate each parking area. The lighting shall be arranged and maintained to reflect light away from adjacent properties,pursuant to subchapter 153.140, Performance Standards. H. Surface runoff. All parking lots shall be designed to drain in a manner that collects surface runoff consistent with standards enforced by the City Engineer which implements the requirements of the National Pollutant Discharge Elimination System Permit. §153.150.080 - Parking Lot and Space Location Standards A. Parking space access. All required off-street parking spaces shall be located in parking lots independently accessible from a street at all times. B. Location. All required off-street parking spaces shall be located within 300 feet of the use or development requiring such spaces. If the parking spaces are provided on a lot separate from the use it serves, a covenant, acceptable to the City Attorney, shall be recorded associating the parking spaces to the use or development so served. C. Parking located in required yard areas. Required off-street parking spaces shall not be located within any required front and/or street side yard area. D. Pedestrian and emergency access. Parking spaces shall not preclude direct and free access to stairways, walkways, elevators, pedestrian access ways or fire safety equipment. Such access shall maintain a minimum width of 44 inches, no part of which shall be within a parking space. E. City Engineer approval. To ensure that interference with traffic flow on adjacent streets and alleys will be minimal, the location and design of all entrances and exits to streets or alleys from off-street parking facilities shall be subject to approval by the City Engineer. § 153.150.090 - Use Restrictions Parking facilities shall be used only temporarily and in conjunction with the uses they serve. Parking facilities shall not be used for other purposes, including, but not limited to, the storage of vehicles. 153.150 Off-Street Parking and Loading 153.150-8 CITY OF BALD WIN PARK-CHAFFER 153:ZONING CODE Off-Street Parking and Loading 153.150 § 153.150.100 - Parking Lot and Structure Design Standards A. Vehicle overhang. Overhang of vehicles into landscaped areas is permitted, provided no vehicle overhangs a sidewalk or walkway and further,provided the landscape area is 3 feet or more in depth. B. Motorcycle stalls.Motorcycle stalls may be used as an option to utilize areas that would otherwise not be of adequate size for conventional parking spaces. Unless otherwise determined by the City Planner for a particular project,motorcycle stalls shall not count toward the number of required parking spaces. C. Parking space abutting wall or pillar. Piers and pillars shall not encroach into parking spaces. Where a parking space is located abutting a wall, pillar or similar structure, the parking space width and/or length shall be increased by a minimum of 2 feet. D. Tandem parking prohibited. Each parking space shall be accessible without requiring the movement of another vehicle. Tandem parking arrangements are specifically prohibited. E. Parking lot design. The City shall adopt by resolution and maintain standards for the design and development of parking lots. All parking lot design and development shall adhere to those standards. § 153.150.110- Parking Lot Landscaping Standards Within parking lots, landscaping shall be provided for shade and climate control, to enhance project design and to screen the visual impact of vehicles and large expanses of pavement. Landscaped areas within parking lots shall comply with the following standards: A. Trees required. Trees shall be planted and maintained in all parking lots at a ratio of 1 tree for every 10 parking spaces. The trees shall be placed throughout the parking lot in a manner that will ensure that most portions of the lot receive tree shade. Trees shall be of a variety that provides a broad canopy. The minimum size of such trees at planting shall be 36-inch box. B. Perimeter planter landscaping. Landscaping within the perimeter planter between the parking lot and any right-of-way shall be designed and maintained for partial screening of vehicles to a minimum height of 36 inches, measured from the finished grade of the parking lot. Screening materials may include any combination of plant materials, earthen berms, raised planters or other screening device deemed acceptable by the City Planner or Planning Commission. 153.150 Off-Street Parking and Loading 153.150-9 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Off-Street Parking and Loading 153.150 C. Required landscaping. A minimum of 10 percent of the parking lot area shall be landscaped. Parking lot landscaping shall not count toward required landscape coverage otherwise required for the zone in which a project is located. D. Landscape irrigation and maintenance. All landscaped areas shall be equipped with an automated irrigation system and shall be maintained at all times in a neat and healthy condition. To the greatest extent possible, native and drought-tolerant plant materials shall be used. § 153.150.120- Shared Parking A. Shared parking conditions. The shared use of parking facilities may be permitted where particular uses or activities meet the following conditions: 1. Parking facilities for any nonresidential use may share parking facilities with another use only if no substantial conflict exists in the principal operating hours of the uses proposed to share parking facilities. 2. The maximum distance between the outer boundaries of the uses proposed to share parking facilities shall be 300 feet. 3. All prospective users shall agree upon the shared use of the off-street parking facilities. 4. The adjacent or nearby properties shall not be adversely affected by the proposed shared parking. B. Shared parking report required. A parking report shall be prepared for review and approval by the Director of Community Development documenting the parking requirements of each use proposing to share parking facilities and further documenting how the sharing arrangement will satisfy the parking needs of each affected use. C. Legal agreement approved and recorded. If approved by the Director of Community Development, all parties sharing parking facilities shall sign a legal agreement. Such agreement shall be approved by the City Attorney and the Director of Community Development, and recorded with the County Recorder's office. Copies of the agreement shall be filed with the Director of Community Development. § 153.150.130- Driveway Standards A. Residential Zones. The City and County Fire Department shall approve the driveway widths and clearances. However, the following minimum standards shall be observed for driveways in residential zones: 153.150 Off-Street Parking and Loading 153.150-10 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Off-Street Parking and Loading 153.150 1. The minimum driveway width for R-1-7,500 and R-1 zoned properties shall be 9 feet.No more than 1 driveway shall be provided on R-1-7,500 and R-1 lot. 2. The minimum driveway width for R-G and R-3 zoned properties shall be 26 feet. 3. The minimum lot street frontage for all residential zones shall be 50 feet where dual driveways are provided. B. Nonresidential Zones. Driveways serving parking facilities in nonresidential zones shall a minimum width of 24 feet. However, the Director of Community Development shall have the authority to require a wider driveway width or allow a narrower driveway width based on City and County Fire Department requirements and/or other circumstances associated with the location, purpose, and design of the driveway. C. Shared Driveways. Shared use of driveways used in combination with abutting properties are permitted for commercial and industrial lots when proper easements or agreements, approved by the City Attorney, have been executed, recorded and filed with the city. D. Safety Considerations. 1. Driveways shall be designed and located in such a manner so as to ensure proper visibility to on-street traffic. Driveway design shall take into consideration slopes, curvature, speed and conflicting turning movements in the area. A clear cross-visibility area shall be maintained pursuant to §153.130.080 and be kept free of obstacles such as signs, landscaping and structures. 2. Driveways shall not be located where they would impede traffic on streets or intersections. § 153.150.140 - Off-Street Loading Standards A. Loading minimum dimensions. The minimum dimensions of a loading space shall be 15 feet in width, 15 feet in length and 14 feet of vertical clearance. B. Minimum loading spaces required. The number of off-street loading spaces shall be in compliance with the standards set forth in Table 153.150.140. 153.150 Off-Street Parking and Loading 153.150-11 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Off-Street Parking and Loading 153.150 TABLE 153.150.140 Required Loading Spaces Minimum Number of Loading Use Nonresidential use with 5,000 to 10,000 square feet of floor area 1 Commercial uses with greater than 10,000 square feet of floor area 2 Office uses with greater than 10,000 square feet of floor area 2 Industrial uses with greater than 10,000 square feet of floor area 1 space for every 10,000 square feet or fraction thereof,with a maximum of 4 spaces required, unless otherwise required by Approving Authority to meet demands of a specific use. C. Loading maneuvering. Loading areas shall be designed so that all truck back-up maneuvering occurs entirely on private property and does not utilize any public right- of-way. D. Loading facilities located in setback areas. Off-street loading facilities may not be located within any required setback area. § 153.150.150 - Bicycle Parking Standards A. Minimum bicycle parking required. Bicycle parking shall be provided for multi-family residential, public and civic facilities, schools, retail, commercial and office uses in accordance with the following regulations: 1. For multi-family dwelling units, 1 bicycle space for every 5 units shall be provided. 2. For public and civic facilities, 1 bicycle space for each 3 automobile parking spaces,not required to exceed 25 bicycle spaces. 3. For retail and office uses, 5 bicycle spaces for the first 25 automobile spaces shall be provided, plus 1 space per 10 additional vehicle spaces, but not required to exceed 20 bicycle spaces. B. Bicycle parking location. Bicycle parking shall be located on a paved surface, in proximity to a building entrance, in a visibly secure and well-lit location and adjacent to the building served. 153.150 Off-Street Parking and Loading 153.150-12 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Off-Street Parking and Loading 153.150 C. Bicycle parking minimum dimensions. The minimum dimensions for bicycle parking areas shall be 2 feet by 6 feet, plus a 5-foot maneuvering space behind the bicycle rack area. § 153.150.160 —Parking In-Lieu Program A. Off-street parking waiver. A maximum of 40 percent of the off-street parking required by this subchapter may be waived when the lot or parcel of land is located within 500 feet of a city-owned public parking facility, with such distance measured between the property line of the subject parcel and the nearest point of the city-owned public parking facility. B. Waiver application and in-lieu fee. An application for waiver shall be reviewed by the City Council, which shall consider the effect that the waiver would have on the availability of and need for public parking within the neighborhood of the project. The City Council may approve the application in whole or in part, or may deny the application, as it determines appropriate to protect public health, safety and welfare. If the City Council determines to grant the application in whole or in part,the developer of parking the lot or parcel shall pay to the city an in-lieu parking fee for each space waived,in an amount to be established by resolution of the City Council. C. Parking in-lieu fee special fund. All fees collected pursuant to this section shall be deposited into a special fund that shall be specifically utilized for the purposes of providing for, facilitating the use of or maintaining city-owned public parking spaces. 153.150 Off-Street Parking and Loading 153.150-13 SUBCHAPTER 153.160-WATER-EFFICIENT LANDSCAPING STANDARDS s �` tAL Section Contents: §153.160.010 Intent and Purpose §153.160.020 Applicability §153.160.030 General Landscaping Standards §153.160.040 Residential Landscaping Standards §153.160.050 Nonresidential Landscaping Standards §153.160.060 Landscape Approval Procedure §153.160.070 Preliminary Landscape Design Plan §153.160.080 Elements of the Landscape Documentation Package §153.160.090 Landscape Design Plan §153.160.100 Irrigation Design Plan §153.160.110 Water Efficient Landscape Worksheet §153.160.120 Soil Management Report §153.160.130 Grading Design Plan §153.160.140 Certificate of Completion §153.160.150 Irrigation Scheduling §153.160.160 Landscape and Irrigation Maintenance Schedule §153.160.170 Irrigation Audit Report §153.160.180 Irrigation Efficiency §153.160.190 Recycled Water §153.160.200 Stormwater Management §153.160.210 Public Education §153.160.220 Provisions for Existing Landscapes §153.160.230 Other Applicable Regulations § 153.160.010— Intent and Purpose A. Landscaping minimum standards and guidelines. The landscaping standards in this subchapter are established to set forth minimum standards and guidelines for the design, maintenance and installation of water-efficient landscaping and irrigation systems. Landscaping shall be utilized to enhance the visual quality of the environment, to reduce heat and glare, to identify building entries, to provide shade, to relieve the monotony of long expanses of building and walls, to control soil erosion and to buffer areas and land uses potentially incompatible with one another. 153.160 Landscaping Standards 153.160-1 CITY OF BALD WIN PARK-CHAPTER 153:ZONING CODE Landscaping Standards 153.160 B. Water conservation. Water conservation measures shall be addressed through the water-efficient landscape and irrigation design. Sustainable landscapes are encouraged through actions that conserve and recycle the resources invested in landscapes. C. Legislative direction.The California State Legislature has found: 1. That waters resources in California are of limited supply and are subject to ever- increasing demands. 2. That the continuation of California's economic prosperity is dependent on the availability of adequate supplies of water for future uses. 3. That it is the policy of the State to promote the conservation and efficient use of water and to prevent the waste of this valuable resource. 4. That landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection and replacing ecosystems lost to development. 5. That landscape design, installation, maintenance and management can and should be water efficient. 6. That Section 2 of Article X of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served and the right does not and shall not extend to waste or unreasonable method of use. § 153.160.020 - Applicability A. Landscape projects. After January 1, 2010, the provisions of this subchapter shall apply to all of the following landscape projects: 1. New construction and rehabilitated landscapes for public agency projects and private development projects with a landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check or design review. 2. New construction and rehabilitated landscapes which are developer-installed in single-family and multi-family projects with a landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check or design review. 153.160 Landscaping Standards 153.160-2 CITY OF BALD WIN PARK-CHAPTER 153:ZONING CODE Landscaping Standards 153.160 3. New construction landscapes which are homeowner-provided and/or homeowner-hired in single-family and multi-family residential projects with a total project landscape area equal to or greater than 5,000 square feet requiring a building or landscape permit, plan check or design review. B. Exceptions.The provisions of this subchapter do not apply to: 1. Registered local,state or federal historical sites; 2. Ecological restoration projects that do not require a permanent irrigation system; 3. Mined-land reclamation projects that do not require a peimanent irrigation system; and 4. Plant collections as part of botanical gardens and arboretums open to the public. § 153.160.030 - General Landscaping Standards The landscaping standards provided in this section shall apply to all parcels within the city. A. Landscape Design Manual and Design Guidelines Manual. A Landscape Design Manual and a Design Guidelines Manual, adopted by resolution of the City Council, shall together establish criteria for the design and review of landscape and irrigation plans, and such criteria shall be adhered to in the design of landscape and irrigation plans. B. Landscape height.Shrubs,flowers,plants and hedges shall not exceed 3 feet in height. C. Tree location.Trees may be planted in any required yard area. D. Landscaping and irrigation system. Landscaping and a permanent irrigation system shall be maintained in the area between the front property line and the dwelling, building or structure. E. Landscaping maintenance.Landscaping and vegetation shall be maintained as follows: 1. All landscaped areas shall be kept and maintained in a manner that does not detract from the appearance of the immediate neighborhood, and that protects the health, safety and welfare of the user, occupants and general public. 153.160 Landscaping Standards 153.160-3 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Landscaping Standards 153.160 2. All landscaped areas shall be kept and maintained in a neat and clean condition, free of weeds, debris, litter, dead, diseased or dying vegetation and broken or defective decorative elements. 3. Vegetation in landscaped areas shall be mowed, groomed, trimmed, pruned and watered to maintain a healthy,growing condition. 4. Irrigation systems shall be kept in good working condition and repair to prevent leaks or public health hazards. 5. Vegetative overgrowth shall not be permitted in a manner that is likely to harbor rodents, vermin, insects or other nuisances; or impedes, obstructs or denies pedestrian or other lawful travel on sidewalks, walkways or other public rights- of-way. 6. All property owners shall water, prune, weed and otherwise maintain landscaping in the parkway portions of adjoining streets,including street trees. 7. Parkway landscaping shall be maintained by the abutting property owner. F. Water Conservation in Landscaping Act.Landscape planting shall emphasize drought- tolerant and native species, complement the architectural design of structures on the site and be suitable for the soil and climatic conditions of the site. Consistent with the purposes of California Government Code §§65591 et seq. (Water Conservation in Landscaping Act), all new and rehabilitated landscape projects shall comply with the following water-conserving landscape requirements: 1. To the greatest extent possible, landscape material shall consist of drought- tolerant plants. Low-water-use plants shall be used in at least 50 percent of the total planted area. Planted areas shall consist of plant material well-suited to the given soil and climate of the region. Plant selection shall take into consideration water conservation through appropriate use and groupings of plants that are well adapted to particular sites and require similar watering needs and climatic, geological and topographical conditions. 2. The maximum area permitted for turf shall be 50 percent of the total landscaped area on the site. Higher percentages may be permitted when sod is an essential part of the development such as playing fields for schools or parks and residential model units. Turf usage shall only be permitted for highly visual and functional use areas.Turf shall not be permitted in areas difficult to irrigate, such as sidewalk strips,slopes over 15 percent or narrow pathways. 153.160 Landscaping Standards 153.160-4 On OF BALDWIN PARK-CHAPTER 153:ZONING CODE Landscaping Standards 153.160 3. Where decorative water features such as pools, ponds or waterfalls are used in landscaped areas, such features shall incorporate recycling of water and where available, use of reclaimed water. Decorative water features shall be designed to minimize water loss. § 153.160.040- Residential Landscaping Standards The following standards shall apply to all parcels in the R-1-7,500, R-1,R-G and R-3 zones: A. Minimum landscaping of lot. A minimum of 20 percent of the entire lot shall be fully landscaped with plant materials. B. Minimum landscaping of front yard area. A minimum of 50 percent of the front yard area between the street and dwelling unit shall be fully landscaped. Non-landscaped areas shall only be used for the purpose of pedestrian and vehicular access. C. Minimum landscaping of side yard area. A minimum of 50 percent of the street side yard areas between the street and dwelling unit shall be fully landscaped. D. Landscape maintenance. The property owner shall be responsible for the maintenance of all landscaping, including parkway landscaping, with maintenance, including, but not limited to,watering, pruning, fertilizing and replacing deteriorated plant materials. E. Landscaping adjacent to driveways and buildings. A strip of landscaping shall be installed and maintained adjacent to all driveways and buildings located upon any R-G and R-3 zoned lots.The location, area and design of such landscaped areas are subject to review and approval by the Director of Community Development or designee. § 153.160.050- Nonresidential Landscaping Standards All new and rehabilitated landscaping plans undertaken in conjunction with any private development project on commercial, industrial, mixed-use and other nonresidential properties, or those projects requiring a grading, building or use permit, shall comply with the following standards: A. Unpaved areas. All unpaved areas, including those portions of required yard areas not utilized for vehicular and pedestrian access, shall be landscaped with plant material, including some combination of trees, shrubs, groundcover and turf. Dry landscape material may be incorporated into the landscape design. B. Automatic irrigation system.All landscaped areas shall be provided with an automatic irrigation system, unless the Director of Community Development finds that such an 153.160 Landscaping Standards 153.160-5 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Landscaping Standards 153.160 irrigation system, due to the size, location or configuration of the landscaped area, cannot reasonably be installed and maintained. C. Plant sizes and plant spacing.To achieve an immediate effect of a landscape installation and to allow sustained growth of planting materials, plant material sizes and plant spacing shall comply with the following standards: 1. The minimum plant size for trees shall be 15 gallons, unless otherwise specified by the provisions of this chapter. Trees planted within 10 feet of a street, sidewalk, paved trail or walkway shall be a deep-rooted species or shall be separated from paved surfaces by a root barrier to prevent physical damage to public improvements. A minimum distance of 15 feet is required between the center of trees to street light standards, water meters, back-flow prevention systems, sewer cleanouts and fire hydrants. 2. The minimum plant size for shrubs shall be 5 gallons. 3. Groundcover,including turf, shall be planted in a manner to provide 100 percent coverage within 1 year of initial planting. D. Freeway frontage landscaping. Lots with freeway frontage shall provide and maintain freeway frontage landscaping on private property fronting the freeway. E. Parking lot landscaping. Parking lot landscaping shall be provided pursuant to §153.150.110. § 153.160.060 - Landscape Approval Procedure A. Preliminary Landscape Design Plan required. In conjunction with any application subject to design review, a Preliminary Landscape Design Plan shall be provided. The plan shall contain the information described in §153.160.070, and shall be reviewed by the Design Review Committee for compliance with the landscape design criteria contained in §§153.160.030, 153.160.040 and 153.160.050. The design review process represents the basis for approval or denial of a design proposal. No grading,building or use permit can be issued until a project has received approval from the Design Review Committee. B. Landscape Design Plan. Following the granting of all required planning and subdivision approvals, full construction drawings shall be submitted to the Building Division for plan check approval. Drawings submitted for plan check shall include the entire Landscape Documentation Package described in §153.160.080, including the approved Preliminary Landscape Design Plan. The Landscape Design Plan shall be in 153.160 Landscaping Standards 153.160-6 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Landscaping Standards 153.160 substantial conformity with the approved Preliminary Landscape Design Plan prior to issuance of building permits. § 153.160.070 - Preliminary Landscape Design Plan A Preliminary Landscape Design Plan shall specify the items detailed below. Special design attributes may require detail drawings and/or the submittal of manufacturer's literature. A. Planting material. Locate and identify all landscape planting material, including trees, shrubs,groundcover and turf. Planting symbols shall be clearly drawn. B. Reference. Reference planting symbols, specifying botanical name, common name, container size, spacing and quantities. C. Existing mature trees.Locate all existing mature trees, noting biological name, common name and approximate trunk size,measured at 2 feet above existing grade. Note trees to be removed, relocated on-site or maintained in place. D. Hydrozones. Express variation in water need. Designate hydrozones as low, moderate or high water usage. E. Hardscape.Locate and identify all paving and hardscape material. F. Height.Locate and identify the height of all walls,fences and gates. G. Outdoor amenities. Locate and identify all outdoor amenity features, including,but not limited to pools, spas, various water features, trellises, gazebos, play equipment, picnic tables and benches. § 153.160.080 -Elements of the Landscape Documentation Package The Landscape Documentation Package shall include the following elements: A. The following project information shall be provided in the Landscape Documentation Package. 1. Date 2. Project applicant 3. Project address (if available,parcel and/or lot number(s)) 4. Total landscape area(square feet) 153.160 Landscaping Standards 153.160-7 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Landscaping Standards 153.160 5. Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner- installed) 6. Water supply type (e.g., potable, recycled, well) and identify the local water purveyor 7. Checklist of all documents in Landscape Documentation Package 8. Project contacts to include contact information for the project applicant and property owner 9. Applicant signature and date with statement, "I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Documentation Package." B. Approved Preliminary Landscape Design Plan. C. Water Efficient Landscape Worksheet as described in§153.160.110.. D. Soil Management Report as described in§153.160.120. E. Landscape Design Plan as described in§153.160.090. F. Irrigation Design Plan as described in§153.160.100. G. Grading Design Plan as described in§ 153.160.130. § 153.160.090— Landscape Design Plan A. Landscape design criteria. For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package: 1. Plant Material a. Any plant may be selected for the landscape, providing the Estimated Total Water Use (as described in §153.160.110(D))in the landscape area does not exceed the Maximum Applied Water Allowance (as described in §153.160.110(C)). To encourage the efficient use of water, the following is highly recommended: 153.160 Landscaping Standards 153.160-8 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Landscaping Standards 153.160 i. Protection and preservation of native species and natural vegetation. ii. Selection of water-conserving plant and turf species. iii. Selection of plants based on disease and pest resistance. iv. Selection of trees based on applicable local tree ordinances or tree shading guidelines. v. Selection of plants from local and regional landscape program plant lists. b. Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in§153.160.100(A)(2)(d). c. Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic and topographical conditions of the project site. To encourage the efficient use of water, the following is highly recommended: i. Use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude and varying degrees of continental and marine influence on local climate. ii. Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure (e.g.,buildings,sidewalks,power lines). iii. Consider the solar orientation for plant placement to maximize summer shade and winter solar gain. d. Turf is not allowed on slopes greater than 25 percent where the toe of the slope is adjacent to an impermeable hardscape and where 25 percent means 1 foot of vertical elevation change for every 4 feet of horizontal length(rise divided by run x 100=slope percent). e. A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or 153.160 Landscaping Standards 153.160-9 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Landscaping Standards 153.160 structure is required pursuant to Public Resources Code Section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches. f. The use of invasive and/or noxious plant species is strongly discouraged. g. The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group. 2. Water Features a. Recirculating water systems shall be used for water features. b. Where available, recycled water shall be used as a source for decorative water features. c. Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation. 3. Mulch and Amendments a. A minimum 2-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers or direct seeding applications where mulch is contraindicated. b. Stabilizing mulching products shall be used on slopes. c. The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement. d. Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected. B. Landscape design plan attributes.The landscape design plan, at a minimum, shall have the following items: 1. North arrow 2. Scale (preferably an engineer's scale of 1"=10' or 1"=20') 153.160 Landscaping Standards 153.160-10 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Landscaping Standards 153.160 3. Delineated property lines and easements,including utility easements 4. Adjacent streets,including location, dimension, and centerline 5. Existing and proposed public improvements, including right-of-way and street dedications 6. All existing and planned buildings and structures on site 7. Delineate and label each hydrozone by number, letter or other method a. Identify each hydrozone as low, moderate, high water or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation b. Identify recreational areas c. Identify areas permanently and solely dedicated to edible plants d. Identify areas irrigated with recycled water e. Identify type of mulch and application depth f. Identify soil amendments, type and quantity 8. Identify type and surface area of water features 9. Identify hardscapes (pervious and non-pervious) 10. Identify location and installation details of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Stormwater best management practices are encouraged in the landscape design plan and examples include,but are not limited, to: a. Infiltration beds, swales and basins that allow water to collect and soak into the ground b. Constructed wetlands and retention ponds that retain water, handle excess flow and filter pollutants 153.160 Landscaping Standards 153.160-11 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Landscaping Standards 153.160 c. Pervious or porous surfaces (e.g., permeable pavers or blocks,pervious or porous concrete,etc.) that minimize runoff 11. Identify any applicable rain harvesting or catchment technologies (e.g., rain gardens, cisterns,etc.) 12. Contain the following statement: "I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan." 13. Bear the signature of a licensed landscape architect, licensed landscape contractor or any other person authorized to design a landscape. (See §§ 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701 and 7027.5 of the Business and Professions Code, § 832.27 of Title 16 of the California Code of Regulations and§6721 of the Food and Agriculture Code.) § 153.160.100 - Irrigation Design Plan A. Irrigation system requirements. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers' recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package: 1. System a. Dedicated landscape water meters are highly recommended on landscape areas smaller than 5,000 square feet to facilitate water management. b. Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data shall be required for irrigation scheduling in all irrigation systems. c. The irrigation system shall be designed to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance. If the static pressure is above or below the required dynamic pressure of the irrigation system,pressure-regulating devices such as inline pressure regulators,booster pumps or other devices shall 153.160 Landscaping Standards 153.160-12 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Landscaping Standards 153.160 be installed to meet the required dynamic pressure of the irrigation system. ii. Static water pressure, dynamic or operating pressure and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at installation. d. Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain. e. Manual shut-off valves (such as a gate valve,ball valve or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair. f. Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. g. High flow sensors that detect and report high flow conditions created by system damage or malfunction are recommended. h. The irrigation system shall be designed to prevent runoff, low head drainage, overspray or other similar conditions where irrigation water flows onto non-targeted areas, such as adjacent property, non-irrigated areas,hardscapes, roadways or structures. i. Relevant information from the soil management plan, such as soil type and infiltration rate,shall be utilized when designing irrigation systems. j. The design of the irrigation system shall conform to the hydrozones of the landscape design plan. k. The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in §153.160.110 regarding the Maximum Applied Water Allowance. 153.160 Landscaping Standards 153.160-13 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Landscaping Standards 153.160 1. It is highly recommended that the project applicant inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system. m. In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone. n. Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's recommendations. o. Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations. P. Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to high traffic areas. q. Check valves or anti-drain valves are required for all irrigation systems. r. Narrow or irregularly shaped areas, including turf, less than 8 feet in width in any direction shall be irrigated with subsurface irrigation or low volume irrigation system. s. Overhead irrigation shall not be permitted within 24 inches of any non- permeable surface. Allowable irrigation within the setback from non- permeable surfaces may include drip, drip line or other low flow non- spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel or other porous material. These restrictions may be modified if: i. The landscape area is adjacent to permeable surfacing and no runoff occurs. ii. The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping. iii. The irrigation designer specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates strict adherence to irrigation system design 153.160 Landscaping Standards 153.160-14 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Landscaping Standards 153.160 criteria in section 153.160.100(A)(1)(h). Prevention of overspray and runoff must be confirmed during the irrigation audit t. Slopes greater than 25 percent shall not be irrigated with an irrigation system with a precipitation rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit. 2. Hydrozone a. Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions and plant materials with similar water use. b. Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone. c. Where feasible, trees shall be placed on separate valves from shrubs, groundcovers and turf. d. Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use,may be allowed if: i. Plant factor calculation is based on the proportions of the respective plant water uses and their plant factor. ii. The plant factor of the higher water using plant is used for calculations.. e. Individual hydrozones that mix high and low water use plants shall not be permitted. f. On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter or other designation. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the hydrozone information table which is required in the Water Efficient Landscape Worksheet. This table can also assist with the irrigation audit and programming the controller. 153.160 Landscaping Standards 153.160-15 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Landscaping Standards 153.160 B. Irrigation design plan requirements. The irrigation design plan, at a minimum, shall contain: 1. The point of connection to the public water supply, and location and size of separate water meters for landscape. 2. Location, type, size and manufacturer of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators and backflow prevention devices. 3. Static water pressure at the point of connection to the public water supply. 4. Flow rate (gallons per minute), application rate (inches per hour) and design operating pressure(pressure per square inch)for each station. 5. Recycled water irrigation systems as specified in Section 153.160.190. 6. The following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the irrigation design plan." 7. The signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor or any other person authorized to design an irrigation system. (See§§ 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701 and 7027.5 of the Business and Professions Code, §832.27 of Title 16 of the California Code of Regulations and § 6721 of the Food and Agricultural Code.) § 153.160.110 — Water Efficient Landscape Worksheet A. Water Efficient Landscape Worksheet required. A project applicant shall submit the Water Efficient Landscape Worksheet which contains the following two sections as part of the Landscape Documentation Package: 1. A hydrozone information table for the landscape project. 2. A water budget calculation for the landscape project. For the calculation of the Maximum Applied Water Allowance and Estimated Total Water Use, a project applicant shall use the ETo values from the Reference Evapotranspiration Table contained in the water-efficient landscape packet available from the Community Development Director. Because the city is not covered by the Reference Evapotranspiration Table as provided in Appendix A of the Landscape Design 153.160 Landscaping Standards 153.160-16 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Landscaping Standards 153.160 Manual, projects shall use data from other cities located nearby in the same reference evapotranspiration zone, such as the City of Monrovia, as found in the CIMIS Reference Evapotranspiration Zones Map, Department of Water Resources, 1999. B. Water budget calculations. Water budget calculations shall adhere to the following requirements: 1. The plant factor used shall be from the Water Use Classification of Landscape Species (WUCOLS). The plant factor ranges from 0 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants and from 0.7 to 1.0 for high water use plants. 2. All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone. 3. All Special Landscape Areas shall be identified and their water use calculated as described below. 4. ET Adjustment Factor for Special Landscape Areas shall not exceed 1.0. Maximum Applied Water Allowance Calculation. The Maximum Applied Water Allowance shall be calculated using the following equation: MAWA=(ETo) (0.62) [(0.7 x LA)+(0.3 x SLA)] MAWA=Maximum Applied Water Allowance (gallons per year) ETo =Reference Evapotranspiration (inches per year) 0.62 =Conversion Factor(to gallons) 0.7 =ET Adjustment Factor(ETAF) LA =Landscape Area including SLA (square feet) 0.3 =Additional Water Allowance for SLA SLA =Special Landscape Area (square feet) Estimated Total Water Use Calculation. The Estimated Total Water Use shall be calculated using the equation below. The sum of the Estimated Total Water Use calculated for all hydrozones shall not exceed the MAWA. ETWU = (ETo)(0.62)(P x A +SLA) IE Where: 153.160 Landscaping Standards 153.160-17 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Landscaping Standards 153.160 ETWU=Estimated Total Water Use per year (gallons) ETo =Reference Evapotranspiration(inches) PF =Plant Factor from WUCOLS HA =Hydrozone Area [high,medium, and low water use areas] (square feet) SLA =Special Landscape Area(square feet) 0.62 =Conversion Factor IE =Irrigation Efficiency(minimum 0.71) § 153.160.120 - Soil Management Report A. Soil management report required. To reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or his/her designee, as follows: 1. Submit soil samples to a laboratory for analysis and recommendations. a. Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants. b. The soil analysis shall include, as applicable: i. Soil texture ii. Infiltration rate determined by la iii. boratory test or soil texture infiltration rate table iv. pH v. Total soluble salts vi. Sodium vii. Percent organic matter viii. Recommendations 2. The project applicant, or his/her designee, shall comply with one of the following: a. If significant mass grading is not planned, the soil analysis report shall be submitted as part of the Landscape Documentation Package. 153.160 Landscaping Standards 153.160-18 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Landscaping Standards 153.160 b. If significant mass grading is planned, the soil analysis report shall be submitted as part of the Certificate of Completion. 3. The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans. 4. The project applicant, or his/her designee, shall submit documentation verifying implementation of soil analysis report recommendations with Certificate of Completion. § 153.160.130 - Grading Design Plan A. Grading. For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff and water waste. A grading plan, prepared by a civil engineer,shall be submitted as part of the Landscape Documentation Package. 1. The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including all of the following: a. Height of graded slopes b. Drainage patterns c. Pad elevations d. Finish grade e. Stormwater retention improvements, if applicable 2. To prevent excessive erosion and runoff, it is highly recommended that project applicants do the following: a. Grade so that all irrigation and normal rainfall remains within property lines and does not drain on to non-permeable hardscapes. b. Avoid disruption of natural drainage patterns and undisturbed soil. c. Avoid soil compaction in landscape areas. 153.160 Landscaping Standards 153.160-19 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Landscaping Standards 153.160 3. The grading design plan shall contain the following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the grading design plan" and shall bear the signature of a licensed professional as authorized by law. § 153.160.140 - Certificate of Completion Upon receipt of the permit for the Landscape Documentation Package and completion of the landscaping and irrigation system, the developer shall submit a Certificate of Completion to the Director of Community Development for review. The following details apply to the Certificate of Completion: A. Standard form. The Certificate of Completion shall be on a standard form approved by the Director of Community Development. B. Compliance statement. The Certificate of Completion shall include a statement that the landscaping and irrigation system have been installed in substantial compliance with the approved Landscape Documentation Package. It shall acknowledge the evaluation of the landscape and irrigation system by a California licensed landscape architect, landscape contractor or other individual deemed qualified by the Director of Community Development. C. Irrigation scheduling parameters. The Certificate of Completion shall include the irrigation scheduling parameters used to set the controller pursuant to§153.160.150. D. Landscape and irrigation maintenance schedule. The Certificate of Completion shall include a landscape and irrigation maintenance schedule pursuant to§153.160.160. E. Irrigation audit report. The Certificate of Completion shall include an irrigation audit report pursuant to§153.160.170. F. Soils analysis report. The Certificate of Completion shall include a soils analysis report if not previously submitted with the Landscape Documentation Package pursuant to §153.160.120. G. Submit Certificate of Completion to Director. The developer shall submit the Certificate of Completion to the Director of Community Development prior to the issuance of occupancy permits. H. Submit Certificate of Completion to purveyor and owner. The developer shall submit approved copies of the Certificate of Completion to the local water purveyor and property owner or his or her designee. 153.160 Landscaping Standards 153.160-20 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Landscaping Standards 153.160 § 153.160.150 - Irrigation Scheduling For the efficient use of water, all irrigation schedules shall be developed, managed and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria: A. Automatic irrigation controllers. Irrigation scheduling shall be regulated by automatic irrigation controllers. B. Allowable hours of irrigation. Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the local water purveyor or other agency, a stricter schedule shall apply. Operation of the irrigation system outside the normal watering window is only allowed for auditing and system maintenance. C. Irrigation schedule implementation. For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate and current reference evapotranspiration, so that applied water meets the Estimated Total Water Use. Total annual applied water shall be less than or equal to Maximum Applied Water Allowance. Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data. D. Automatic controller parameters. Parameters used to set the automatic controller shall be developed and submitted for each of the following: 1. The plant establishment period 2. The established landscape 3. Temporarily irrigated areas. E. Stations. Each irrigation schedule shall consider for each station all of the following that apply: 1. Irrigation interval(days between irrigation) 2. Irrigation run times (hours or minutes per irrigation event to avoid runoff) 3. Number of cycle starts required for each irrigation event to avoid runoff 153.160 Landscaping Standards 153.160-21 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Landscaping Standards 153.160 4. Amount of applied water scheduled to be applied on a monthly basis 5. Application rate setting 6. Root depth setting 7. Plant type setting 8. Soil type 9. Slope factor setting 10. Shade factor setting 11. Irrigation uniformity or efficiency setting § 153.160.160 -Landscape and Irrigation Maintenance Schedule A. Regular maintenance schedule required. Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the Certificate of Completion. B. Regular maintenance schedule contents. A regular maintenance schedule shall include, but not be limited to: routine inspection, adjustment and repair of the irrigation system and its components, aerating and dethatching turf areas, replenishing mulch, fertilizing; pruning, weeding in all landscape areas and removing obstructions to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. C. Irrigation equipment repairs. Repair of all irrigation equipment shall be done with the originally installed components or their equivalents. D. Sustainable practices. A project applicant is encouraged to implement sustainable or environmentally-friendly practices for overall landscape maintenance. § 153.160.170 - Irrigation Audit Report A. Landscape irrigation audit. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. B. Irrigation water usage and report. For new construction and rehabilitated landscape projects installed after January 1, 2010, as described in §153.160.020, the following shall apply: 153.160 Landscaping Standards 153.160-22 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Landscaping Standards 153.160 1. The project applicant shall submit an irrigation audit report with the Certificate of Completion that may include,but is not limited to:inspection, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow and preparation of an irrigation schedule. 2. The city may require an irrigation water use analysis, irrigation audits, or irrigation surveys to ensure compliance with the Maximum Applied Water Allowance. § 153.160.180 - Irrigation Efficiency For the purpose of determining Maximum Applied Water Allowance, average irrigation efficiency is assumed to be 0.71. Irrigation systems shall be designed, maintained and managed to meet or exceed an average landscape irrigation efficiency of 0.71. § 153.160.190 - Recycled Water A. Recycled water irrigation systems. The installation of recycled water irrigation systems shall allow for the current and future use of recycled water, unless a written exemption has been granted as described in subsection(B)below. B. Recycled water required. Irrigation systems and decorative water features shall use recycled water unless a written exemption has been granted by the local water purveyor stating that recycled water meeting all public health codes and standards is not available and will not be available for the foreseeable future. C. Laws. All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and State laws. D. Special landscape areas. Landscapes using recycled water are considered Special Landscape Areas. The ET Adjustment Factor for Special Landscape Areas shall not exceed 1.0. § 153.160.200 - Stormwater Management A. Stormwater best management practices. Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on-site retention and infiltration are encouraged. 153.160 Landscaping Standards 153.160-23 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Landscaping Standards 153.160 B. Regional Water Quality Control Board. Project applicants shall refer to the Regional Water Quality Control Board for information on any applicable stormwater ordinances and stormwater management plans. C. Rainwater capture, infiltration and onsite storage. Rain gardens, cisterns and other landscapes features and practices that increase rainwater capture and create opportunities for infiltration and/or onsite storage are recommended. 153.160.210 - Public Education A. Statement of Intent. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management and maintenance that save water is encouraged in the community. B. Education Requirements. 1. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water-efficient landscapes described in this ordinance. 2. Developers shall provide information to owners of new, single-family residential homes regarding the design, installation, management and maintenance of water-efficient landscapes. 3. Signs shall be used to identify all models as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment and others that contribute to the overall water-efficient theme. 4. Information shall be provided about designing, installing, managing and maintaining water-efficient landscapes. § 153.160.220 - Provisions for Existing Landscapes A. Existing landscapes requirements. This section shall apply to all existing landscapes that were installed before January 1,2010 and are over 1 acre in size. 1. For all landscapes that have a water meter, the city shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the Maximum Applied Water Allowance for existing landscapes. The Maximum Applied Water Allowance for existing landscapes shall be calculated as:MAWA=(0.8) (ETo)(LA)(0.62),where 153.160 Landscaping Standards 153.160-24 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Landscaping Standards 153.160 MAWA=Maximum Applied Water Allowance (gallons per year) ETo =Reference Evapotranspiration (inches per year) 0.62 =Conversion Factor (to gallons) 0.7 =ET Adjustment Factor (ETAF) LA =Landscape Area including SLA(square feet) 0.3 =Additional Water Allowance for SLA SLA =Special Landscape Area(square feet) 2. For all landscapes that do not have a meter, the city shall administer programs that may include,but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste. B. Landscape irrigation audits. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. § 153.160.230— Other Applicable Regulations In addition to the requirements contained in this subchapter, regulations contained in subchapters 153.150, Off-Street Parking and Loading, and 153.200, Nonconforming Lots, Structures and Uses,may apply to landscaping. 153.160 Landscaping Standards 153.160-25 SUBCHAPTER 153.165 TREE PRESERVATION AND PROTECTION Section Contents: §153.165.010 Purpose and Intent §153.165.020 Applicability §153.165.030 Tree Advisory Board—Establishment and Responsibilities §153.165.040 Tree Department—Establishment and Responsibilities §153.165.050 Responsibilities of Private Property Owners and City §153.165.060 Tree Master Plan §153.165.070 Public Tree Planting §153.165.080 Public Tree Removal,Trimming,Maintenance,and Protection §153.165.090 Private Property Tree Removal and Trimming §153.165.100 Exemptions from this Ordinance § 153.165.010 - Purpose and Intent This subchapter establishes regulations and standards to promote the benefits of a healthy urban forest in the city. Trees are valuable long-term community assets by, among other things, providing increased shade which lowers energy needs for cooling, soil stabilization, absorption of stormwater, carbon sequestration, absorption of particulate matter, habitats for birds and other animals and general aesthetic benefits. The intent of this subchapter is as follows: A. Public trees. Establish standards and measures for preserving and protecting trees located on public and private property. B. Mature trees. Establish standards and measures for preserving and protecting Mature Trees on private property. C. Tree canopy. Maintain, to the greatest extent possible, a maximum amount of tree canopy coverage throughout the city. D. Healthy trees. Maintain trees in a healthy condition through good arboricultural practices. E. Protect trees.Prohibit indiscriminate damage and destruction of trees in the city. 153.165 Tree Preservation 153.165-1 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Tree Preservation 153.165 § 153.165.020 — Applicability Unless otherwise provided by another provision of this subsection, the provisions of this subsection shall apply to every Public Tree, every Required Tree and every Mature Tree located on private property. § 153.165.030 — Tree Advisory Board - Establishment and Responsibilities A. Tree Advisory Bond established. The Planning Commission is designated as the city's Tree Advisory Board. B. Responsibilities. The Tree Advisory Board shall study the problems related to tree protection and preservation and determine the needs of the city related to tree planting and maintenance in public and private areas, establish and revise as needed the Tree Master Plan as provided in Section 153.165.060, and hold discussions of tree-related issues at public meetings. C. Appeals. Any decisions made by the Tree Officer with regard to tree maintenance and preservation on private property may be appealed to the Tree Advisory Board. § 153.165.040 —Tree Department - Establishment and Responsibilities A. Tree Department designated. The Community Development Department is designated as the city's Tree Department. The Tree Officer, who is designated by Chief Executive Officer, shall implement the functions of the Tree Department. B. Responsibilities.The Tree Officer shall: 1. Make determinations on removing a tree from public or private property based upon a tree report prepared by a certified arborist, an analysis of the established tree removal criteria and any other relevant facts. 2. Issue permits and make any determinations specified under this subchapter. 3. Prepare the Tree Master Plan for consideration by the Tree Advisory Board and the City Council. C. Consultation.All departments, agencies and personnel of the city shall consult with the Tree Officer prior to engaging in any action which would require the removal of, or which would otherwise substantially affect or seriously jeopardize the health of, any Public Trees. 153.165 Tree Preservation 153.165-2 CITY OF BALD WIN PARK-CHAFFER 153:ZONING CODE Tree Preservation 153.165 § 153.165.050 - Responsibilities of Private Property Owners and City A. Private property owner responsibilities. It shall be the duty of the owner or person in possession of each lot in the city to: 1. Accept, protect and provide adequate water to any Public Tree planted in parkways or other public right-of-way abutting such lots, and not to interfere with the city's maintenance and pruning of such trees. 2. Notify the Tree Officer of any suspected tree hazards or maintenance needs of any Public Tree on his or her property. An application for trimming or removal is not required for such notification. B. City responsibilities. The city shall be responsible for planting, trimming, pruning, removing and other forms of maintenance of Public Trees. § 153.165.060- Tree Master Plan A. Prepare Tree Master Plan. The Tree Officer or other employee designated by the Chief Executive Officer, in consultation with the Public Works Director, shall authorize preparation of a Tree Master Plan. The Tree Master Plan shall apply to Public Trees and shall include, in general, maps of streets and public areas in the city upon which there shall be designated a general plan for the uniform planting of trees, and specifications for the size and type of such trees permissible within parkways and other public places within the city.No species other than those included in this list may be planted in public areas without written permission of the Tree Officer. B. Administration and implementation. The Tree Department shall be responsible for administering and implementing the approved Tree Master Plan, and recommending to the Tree Advisory Board any changes or additions to the Tree Master Plan. § 153.165.070 - Public Tree Planting A. Planting. Only city personnel or contractors to the city shall plant trees on public property,including parkways. B. Approval.All Public Tree plantings must first be approved by the Tree Officer as to type of tree species,location of planting and method of planting. § 153.165.080 - Public Tree Removal, Trimming, Maintenance and Protection A. Pruning and Removal. All pruning and removal of trees on public property shall be undertaken only by employees or contractors of the city. 153.165 Tree Preservation 153.165-3 CITY OF BALDWIN PARK—CHAPTER 153:ZONING CODE Tree Preservation 153.165 B. Certified arborist. Persons or firms engaged in the business of pruning, treating or removing any Public Tree shall be recognized by the International Society of Arboriculture as a certified arborist. All such persons or firms shall carry evidence of liability insurance and workmen's compensation. No certification shall be required by any public employee doing such work in the pursuit of his/her public service endeavors. C. Public Tree injury. It shall be unlawful to injure or destroy any Public Tree by any means,including,but not limited,to the following: 1. Placement of fences, rocks, gravel, signs, stakes or any other objects immediately adjacent to a tree, excepting for watering basins for young trees and objects for the temporary protection of new plantings of ground cover. 2. Construction of a concrete, asphalt, brick or gravel sidewalk or otherwise filling up the ground area around any such tree with a closing of less than 42 inches by 42 inches so as to shut off air,light or water from its roots. 3. The piling of building material and equipment or other substance and materials around any such tree so as to cause injury thereto. 4. Spraying or pouring any chemical or other deleterious matter on or around any such tree and the surrounding ground,lawn or sidewalk. 5. Posting any sign, poster or notice on any such tree, or by fastening guide wires, cables, ropes,nails,screws or other devices to any such tree. 6. Causing or encouraging any fire near or around any such tree. D. Public Tree construction protection. During the construction, repair, alteration, moving or removal of any building, structure or any other type of construction in the city, no person in control of such work shall leave any Public Tree in the vicinity of such activity without sufficient guards or protectors to prevent injury to the tree. Protectors shall include, but not be limited to, chain-link or wood fencing and staking, as determined by the Tree Officer. E. Application for tree pruning or removal. A decision on an application for tree pruning or removal shall be made according to the standards of this subchapter and shall be subject to the procedures for appeal and review set forth in § 153.210.150. All applications shall be reviewed by a certified arborist at the expense of the applicant. 153.165 Tree Preservation 153.165-4 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Tree Preservation 153.165 F. Written notice.No noticed public hearing shall be required for an application under this subchapter unless otherwise required by another section of this code or state or federal law. The Tree Officer shall give at least 10 days written notice to abutting property owners prior to removal of any Public Tree. No notice shall be required if the Public Tree has been determined to be exempted from this subchapter pursuant to §153.165.100. In the event of a decision under this subchapter for the removal of five or more Public Trees in a given area, the Tree Officer shall also notify the Tree Advisory Board. G. Replacement. The city may replace at no cost to the abutting property owner those Public Trees which necessitate removal and replacement, as determined by the Tree Officer. This may occur only in cases where the property owner was not responsible for the conditions and events necessitating replacement. § 153.165.090 — Private Property Tree Removal and Trimming A. Tree removal permit. No person shall remove a Mature Tree or Required Tree on private property without first obtaining a permit from the Tree Officer. The Tree Officer shall grant a permit to remove a Mature Tree or Required Tree only if one of the following findings can be made: 1. The Mature Tree or Required Tree constitutes a nuisance or hazard by virtue of its condition, location, species, proximity to existing structures, walkways or utilities. 2. The removal of the Mature Tree or Required Tree is deemed necessary by a certified arborist to protect the health of other trees in the vicinity due to disease or infestation affecting the subject tree. 3. The substantial trimming or removal of the Mature Tree or Required Tree is deemed necessary to accommodate solar access pursuant to the California Solar Shade Control Act of 1979. 4. The substantial trimming or removal of the Mature Tree or Required Tree is necessary to prevent a substantial inconvenience or financial hardship to the property owner. 5. A suitable replacement tree in terms of species and ultimate size will be planted within six months of the permitted removal of the subject tree. The size, location and species of the replacement tree(s) shall be determined by the Tree Officer with consultation of the applicant and taking into consideration such factors as the size, location, type of tree, number of trees on the property and number of trees in 153.165 Tree Preservation 153.165-5 CITY OF BALD WIN PARK-CHAPTER 153:ZONING CODE Tree Preservation 153.165 the surrounding neighborhood. The Tree Officer may consider the option of relocating the subject tree in another location on the subject property. B. Tree removal decision and appeal.A decision on an application for removal of a private tree shall be made according to the standards of this subchapter and shall be subject to the procedures for appeal and review set forth in § 153.210.150. No noticed public hearing shall be required for an application under this subchapter unless otherwise required by another subchapter of this chapter or state or federal law. § 153.165.090 - Exemptions from this Ordinance The provisions of this subchapter do not apply to the following: A. Threat to public property or welfare. The removal or pruning of any tree which poses an imminent threat to public property or welfare, as determined by a member of a responding law enforcement agency, the Los Angeles County Fire Department or the Public Works Director. B. Normal pruning. Normal and routine trimming or pruning of trees on private property that does not result in damage or death to a tree and/or does not result in loss of more 50 percent of the live foliage and limbs or root base, and removal of deadwood. C. Required removal. The removal of any tree on public property as directed by any county, state or federal agency or insurance provider. D. Diseased or dead tree. The removal of a diseased or dead tree on public property as determined by the Tree Officer. E. Utility tree pruning. Tree pruning necessary to provide clearance from existing overhead electric lines as mandated by the California Public Utilities Commission. 153.165 Tree Preservation 153.165-6 SUBCHAPTER 153.170 SIGN REGULATIONS Section Contents: §153.170.010 Intent and Purpose §153.170.020 Applicability §153.170.030 Permit Requirements §153.170.040 Exempt Signs §153.170.050 Prohibited Signs §153.170.060 Temporary Signs §153.170.070 General Sign Standards §153.170.080 Signs Regulations by Zone §153.170.090 Sign Regulations for Specific Land Uses §153.170.100 Sign Construction and Maintenance §153.170.110 Other Applicable Regulations § 153.170.010- Intent and Purpose The intent and purpose of these sign regulations are to: A. Urban design and safety standards. Implement the city's urban design and safety standards as set forth in the General Plan. B. City appearance. Maintain and enhance the city's appearance by regulating the design, character, location, number, type, quality of materials, size, illumination and maintenance of signs. C. Pedestrian and vehicular traffic safety. Protect and improve pedestrian and vehicular traffic safety by balancing the need for signs which facilitate the safe and smooth flow of traffic without an excess of signage which may distract motorists, overload their capacity to quickly receive information,visually obstruct traffic signs or otherwise create congestion and safety hazards. D. Traffic safety hazards. Eliminate traffic safety hazards to pedestrians and motorists posed by off-site signs bearing commercial messages. E. On-site signage. Generally limit commercial signage to on-site locations to protect the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs,while providing channels of communication to the public. F. Communication. Allow the communication of information for commercial and noncommercial purposes without regulating the content of noncommercial messages. 153.170 Sign Regulations 153.170-1 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Sign Regulations 153.170 G. Expression. Allow the expression of political, religious and other noncommercial speech, and allow for an increase in the quantity of such speech in the period preceding elections. H. Free speech. Respect and protect the right of free speech by sign display, while reasonably regulating the structure, location and other non-communicative aspects of signs, generally for the public health, safety, welfare and specifically to serve the public interests in traffic and pedestrian safety and community aesthetics. I. Nearby effects. Minimize the possible adverse effects of signs on nearby public and private property. J. Visual quality. Serve the city's interests in maintaining and enhancing its visual appeal by preventing the degradation of visual quality which can result from excess signage. K. Protect investment and quality of life. Protect investments in property and lifestyle quality made by persons who choose to live,work or do business in the city. L. Residential neighborhoods. Defend the peace and tranquility of residential zones and neighborhoods by generally forbidding commercial signs on private residences, while allowing residents the opportunity, within reasonable limits, to express political, religious and other noncommercial messages from their homes. § 153.170.020 - Applicability A. Compliance.Signs or advertising displays that are erected or maintained within the city shall comply with the provisions of this subchapter and any other applicable federal, state and local statues or laws. B. Additive requirements. The requirements of this subchapter, shall be applied in addition to any other requirements contained in the Zoning Code. C. Conflicts. In the event of direct and irreconcilable conflict between any provisions of this subchapter and any other provisions of the Zoning Code or this code, the more restrictive requirements shall govern. § 153.170.030-Permit Requirements A. Sign permit required. Unless otherwise exempted by § 153.170.040, a sign permit shall be required prior to the placement, construction or physical alteration of the size, height or location of any sign or advertising display in the city. A sign permit may be obtained from the Planning Division pursuant to the provisions of subchapter 153.210, Administrative Procedures. 153.170 Sign Regulations 153.170-2 CITY OF BALDWIN PARK—CHAPTER 153:ZONING CODE Sign Regulations 153.170 B. Variance. Signs that do not comply with the requirements of this subchapter, shall not be permitted unless a variance has been granted pursuant to the provisions of subchapter 153.210,Administrative Procedures. § 153.170.040 - Exempt Signs A. Applicability. Unless otherwise specified, the signs listed in this subchapter are categorically exempt from the permit requirement. The signs listed in this section are subject to compliance with all other provisions of this subchapter and other applicable codes, regulations or rules. B. Restrictions on illumination. All exempt signs shall be non-illuminated, externally illuminated,or internally illuminated. C. Exempt signs.The following categories of signs do not require a sign permit: 1. Accessory Signs. Accessory Signs are permitted, provided that they do not exceed 20 square feet. All accessory signs shall be included in the total allotted background sign area permitted for the lot or use to which the signs relate. 2. Construction Signs. Construction Signs located on site identifying the names of individuals or firms connected with the construction of a project, including architects, engineers,financial institutions or contractors are permitted,provided that: a. A maximum of 1 such sign is permitted on lots encompassing 450,000 square feet or less of site area, and a maximum of 2 such signs are permitted on lots larger than 450,000 square feet. b. On property that does not have a freeway frontage, the sign area does not exceed 40 square feet and the sign height does not exceed 15 feet. c. On property with freeway frontage, the sign area does not exceed 130 square feet and the sign height shall not exceed 30 feet. d. All such signs are non-illuminated and set back a minimum of 5 feet from any public right-of-way. e. All such signs are removed prior to the issuance of a certificate of occupancy permit. 153.170 Sign Regulations 153.170-3 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Sign Regulations 153.170 3. Directional Signs.One on-site Directional Sign which does not promote or advertise a business, property or product is permitted for each one-way drive, drive aisle and service or delivery entrance, provided that: a. All such signs are located so as to not impair vehicular or pedestrian movement. b. The sign area does not exceed 5 square feet and the sign height does not exceed 4 feet. 4. Directory Signs. Directory Signs within an integrated development are permitted, provided that the sign area does not exceed 24 square feet and the sign height shall not exceed 6 feet. 5. Governmental/Civic Signs. Government/Civic Signs erected and maintained by or required by the city, county, state or federal government for identification of a government facility are permitted. 6. Garage/Yard Sale Signs. One on-site garage/yard sale sign is permitted for a garage/yard sale,provided that: a. The sign area does not exceed 6 square feet and the sign height does not exceed 4 feet. b. All such signs are only displayed during the time of the sale. 7. Holiday Signs. Holiday signs that do not contain any commercial message are permitted, provided that all are removed within 7 days after the holiday or event. 8. House Numbers. Street numbers identifying the address of a residence or building are permitted,provided that the sign area shall not exceed 2 square feet, including those painted on curbs. 9. Menu/Order Board Signs. Up to two Menu/Order Board signs for each drive-in or drive-through business are permitted, provided that: a. The sign area does not exceed 40 square feet and the sign height does not exceed 8 feet. b. All such signs are located adjacent to the driveway. 153.170 Sign Regulations 153.170-4 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Sign Regulations 153.170 10. Noncommercial Signs and Flags. Noncommercial Signs on private property, including flags, are permitted,provided that. a. All such signs are not located within or over a public right-of-way, over the roofline of any building,or within any required clear vision triangle. b. No more than 2 such signs,including flags,may be displayed. sign area does not exceed 5 square On residential property, the slg uare feet and the q sign height does not exceed 4 feet. d. On non-residential property, the sign area does not exceed 20 square feet and the sign height does not exceed 4 feet. e. With regard to flags, up to 2 flags may be permitted. No individual flag exceeds 6 square feet in area. 11. Political Signs. Political Signs maybe erected on any private property,provided that such signs are not be displayed earlier than 45 days prior to the election and are removed within 14 days following the election. 12. Project Identification Signs. One Project Identification sign per residential condominium, apartment or planned development project is permitted, provided that the sign area does not exceed 30 square feet and the sign height does not exceed 8 feet. 13. Real Estate Signs. Real Estate Signs for the sale or lease of property on private property are permitted,provided that: a. All such signs are set back a minimum of 5 feet from any public right-of-way. b. All such signs are non-illuminated or externally illuminated. c. On residential property, the sign area shall not exceed 10 square feet. d. On non-residential property,the sign area shall not exceed 32 square feet. 14. Residential Nameplates. One nameplate identifying the occupants of a dwelling unit is permitted, provided that the sign area does not exceed 2 square feet. 153.170 Sign Regulations 153.170-5 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Sign Regulations 153.170 15. Window Signs. Temporary and permanent Window Signs are permitted, provided that such signs do not cover more than 40 percent of the total window area of all windows. § 153.170.050 - Prohibited Signs The following signs are prohibited on any property within the city: A. Abandoned Signs. B. Animated Signs. C. Inflatable/Balloon Signs. D. Roof Signs. E. Murals. F. Can(Box) Signs. G. Off-Site Signs (billboards). H. Off-Site identification Signs. Off-site identification signs, except government, civic and retail signs as provided in this subchapter. I. Portable Signs,including A-frame, sandwich board signs,and vehicle-mounted signs. J. Cross-visibility area.Any sign located within a required clear cross-visibility area. K. Permission not granted. Signs erected without the permission of the owner of the property on which the sign is located. L. Signs in the public right-of-way.Signs within or projecting over a public right-of-way. M. Imitation traffic signs. Signs which purport to be, are an imitation of, or resemble official traffic warning devices or signs, that by color, location or lighting may confuse or disorient vehicular or pedestrian traffic, impede the flow of traffic or create a traffic hazard,excluding authorized on-site directional sites. N. Painted signs.Signs painted directly on an exterior wall, fence,fascia or parapet. 153.170 Sign Regulations 153.170-6 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Sign Regulations 153.170 0. Signs attached to utility poles. Signs attached to utility poles, unless specifically approved by the utility company in writing. P. Signs attached other features.Signs attached to frees, fences,bridges or light poles. Q. Vehicle signs. Vehicle signs, where the primary purpose or use of the vehicle is the display of advertising material. This does not apply to signs maintained on vehicles when such advertising is incidental to the primary purpose for which the vehicle is being used. R. Disrepair.Any sign that is in disrepair. § 153.170.060— Temporary Signs A Permitted Temporary Signs. Temporary commercial signs for a business grand opening or advertising of a special product, sale or event may be permitted on the site of the business to which the message pertains. The following types of temporary signs are permitted under such circumstances, provided they comply with the applicable standards provided in subsection B below: 1. Banners not exceeding 50 square feet per banner. 2. Inflatable signs not exceeding 50 feet in height. 3. Pennants, with the area on which the pennants are located not permitted to exceed 15 percent of the square footage of the lot upon which they are located. B. Standard for Temporary Signs: Such temporary signs shall comply with the following standards: 1. Maximum number. A maximum of 1 temporary sign may be displayed for each business at any given time. 2. Maximum duration. Each temporary promotional sign may be displayed for a maximum of 30 consecutive days. Temporary signs may be displayed up to 4 nonconsecutive times within a 12-month period. 3. Maximum sign area. The combined maximum sign area of all temporary signs on site shall not exceed 50 square feet. 153.170 Sign Regulations 153.170-7 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Sign Regulations 153.170 4. Location and attachment. Temporary signs shall be attached to the main building wall or fence and shall not extend above the roofline or height of the wall or fence on which they are located. 5. Balloons.Balloons shall not be used in conjunction with any temporary sign. 6. Attachment and illumination. Temporary signs shall not be freestanding or illuminated. 7. Safety and maintenance.Temporary signs shall be kept in a safe and presentable condition. § 153.170.070- General Sign Standards All signs,including exempt and temporary signs, located within all zones shall comply with the following regulations: A. Sign Lettering and Numbering. 1. To facilitate emergency response by public safety personnel, every sign in connection with any business which utilizes any non-Roman alphabet letters, characters and/or symbols shall also contain a general description of the business written in English. The English language portion of the sign shall be readable from the public right-of-way. 2. In all cases where a sign or other zoning permit is required by this chapter or other law, the applicant shall submit to the city a certification, issued under penalty of perjury under the laws of the State of California, containing an English language translation of all non-Roman alphabet letters, characters and symbols proposed to be displayed on the sign. An application for such permit shall not be deemed complete until the applicant has provided such certification. B. Sign Lighting and Illumination. 1. Unless otherwise specified for exempt and temporary signs, signs may be non- illuminated or internally illuminated. If internally illuminated, illumination of individual letters and logos is preferred. The Approving Authority of the sign permit may authorize external illumination. 2. All signs shall be arranged, operated, shielded and maintained to prevent any glare, reflection, nuisance, inconvenience or hazardous interference of any kind to abutting or adjacent properties, streets and walkways. 153.170 Sign Regulations 153.170-8 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Sign Regulations 153.170 C. Sign Location. No internally illuminated sign placed on any commercial or industrially zoned property shall be located within 50 feet of the lot line, if such line is shared with any residentially zoned lot, and if the sign face area is oriented toward the residentially zoned lot. D. Sign Aesthetics. 1. All newly erected signs shall comply with the Sign Design Guidelines Manual. 2. All permanent signs located within any zone shall be compatible to the associated structure's architecture and design features. 3. All permanent signs located on commercial and industrial structures shall be integrated within structure's architecture. § 153.170.080 - Signs Regulations by Zone Table 153.170.080 identifies the types of signs permitted by zone district and the development standards applicable to such signs. In addition to the requirements set forth in Table 153.170.080, the following criteria shall apply: A. Freestanding Signs. 1. As indicated in Table 153.170.080, freestanding signs shall be permitted only in the FC, C-2 and I-C zones that have freeway frontage. 2. The base of all freestanding signs shall be landscaped at the time of sign installation such that the base is fully obscured by landscaping to a minimum height of 6 feet within 3 years of landscape installation. Such landscaping shall be maintained in a neat and healthy condition at all times. B. Monument Signs. Monument signs may be located in planter medians abutting a driveway or within the project driveway. 153.170 Sign Regulations 153.170-9 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Sign Regulations 153.170 Table 153.170.080 Sign Regulations by Zone. Maximum Maximum ''s Maximum Zone Sign Type Number Sign Area Height Notes R-G and Monument 1 24 sf 4 ft R-3 Wall 1 36 sf 4 ft Monument 1 per frontage - 32 sf 6 ft C-1 Wall 1 or more 50 sf 4 ft Monument 1 per frontage 64 sf 12 ft C-2, F-C, Wall 1 or more 2 sf of sign area per 6 ft I-C, linear foot of primary without building frontage freeway Secondary 1 or more 1 sf of sign area per 4 ft frontage Wall linear foot of primary building frontage Freestanding 1 1 sf of sign area per 1 80 ft 1.A maximum of 1 linear foot of street freestanding sign is frontage permitted for lots with less than 800 linear feet of street frontage. One additional freestanding sign is permitted for lots C-2, F- with more than 800 linear C, I-C, feet of street frontage.For with this purpose,a commercial freeway center is considered a frontage single lot. 2.Additional sign face area for monument signs may be granted in lieu of use of freestanding signs, per criteria established by the Director of Community Development. Monument 1 40 sf 8 ft Wall 1 or more 1 sf of sign area for 6 ft I each linear foot of primary building frontage 153.170 Sign Regulations 153.170-10 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Sign Regulations 153.170 C. Wall Signs. 1. A maximum of 3 wall signs shall be permitted for each wall of a commercial unit that contains a main entrance or is adjacent to a street. 2. A maximum of 1 wall sign shall be permitted for each wall of a commercial unit that does not contain a main entrance. 3. Wall signs shall not project more than 18 inches from the building wall. 4. Sign height shall be measured from the bottom to the top of the sign. § 153.170.090 - Sign Regulations for Specific Land Uses In addition to other standards set forth in this subchapter, the following land uses are subject to the following regulations: A. Service Stations. 1. Each service station may maintain a maximum of 4 canopy signs, each having no more than 50 square feet of sign face area. 2. Each service station may maintain 1 permanently installed price sign not to exceed 40 square feet in area. 3. Each service station may maintain a maximum of 2 permanently installed or portable price signs not exceed 20 square feet in area. B. Automobile Dealerships. 1. Each automobile dealership may display banners and pennants with a total area not to exceed 15 percent of the square footage of the lot upon which they are located. 2. Each automobile dealership may display a maximum of 20 banners attached to freestanding light standards.Each banner shall not exceed 50 square feet of area. 3. Each automobile dealership may display one pennant for every 2,500 square feet of lot area,up to a maximum of 12 such pennants. Each pennant shall not exceed 20 square feet in area. 153.170 Sign Regulations 153.170-11 CITY OF BALD WIN PARK-CHAPTER 153:ZONING CODE Sign Regulations 153.170 § 153.170.100 - Sign Construction and Maintenance A. Compliance with codes and development standards. All signs shall comply with the appropriate provisions of the State Building Code, as adopted by the city, relative to design, construction, structural integrity, connections and safety. Signs shall also comply with the provisions of the applicable electrical code and the development standards. B. Maintenance. All signs shall be maintained in a good structural condition at all times and be kept neatly painted, including all metal parts and supports that are not made of a rust resistant material. Any crack, broken surface, malfunction, missing sign copy or other damaged portion shall be repaired or replaced. § 153.170.110 - Other Applicable Regulations In addition to the requirements contained this subchapter, regulations contained of this chapter may apply to signage in the following subchapters: 153.200 Nonconforming Lots, Structures and Uses 153.210 Administrative Procedures, 153.170 Sign Regulations 153.170-12 SUBCHAPTER 153.180 -WIRELESS COMMUNICATIONS FACILITIES ry Section Contents: §153.180.010 Definitions §153.180.020 Purpose and Intent §153.180.030 Exempt Facilities §153.180.040 Approval Requirements §153.180.050 General Standards §153.180.060 Development Standards §153.180.070 Review and Approval Process §153.180.080 Satellite Antennas, Amateur Radio Communication Facilities and Citizen Band Radio Antennas §153.180.090 Wireless Communications Facilities Used for Transmission Purposes §153.180.100 Exceptions §153.180.110 Non-conforming Wireless Communications Facilities §153.180.120 Abandonment of Wireless Communication Facilities §153.180.010 - Definitions Definitions for terms used in this subchapter are contained in subchapter 153.200 (Definitions); see "Wireless Communications Facilities" and related terms. §153.180.020 - Purpose and Intent A. These provisions are intended to establish criteria for the siting, design, modifications and maintenance of wireless communications facilities within the city as specifically set forth herein and in standards that may be enacted by resolution pursuant to this subchapter. B. These provisions are further intended to implement the land use regulation of telecommunications facilities as permitted pursuant to the 1996 Federal Telecommunications Act. As such, these provisions are not intended to unduly restrict or unreasonably interfere with the development of the competitive wireless communications marketplace within the city. C. The standards and guidelines established for antennas, towers, and/or wireless communications facilities in this subchapter are intended to promote the following goals: 153.180 Wireless Communications Facilities 153.180-1 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Wireless Communications Facilities 153.170 1. Ensure the health, safety and general welfare of the community while enabling the installation of antennas to serve the city's residents and business community. 2. Ensure a communications network that will serve an effective role in the city's emergency response system and generally provide full service coverage for personal wireless communications services. 3. Protect the visual character of the city through careful design, siting, landscaping, and innovative camouflaging techniques for antennas. 4. Encourage the installation of new towers and antennas in the Commercial and Industrial zones. 5. Limit the proliferation of new towers by permitting the construction of new towers only after all other reasonable opportunities have been exhausted and to encourage the co-location of antennas so as to minimize adverse visual impacts. 6. Provide for the uniform application of standards and guidelines for the siting, design, modification and maintenance of communications facilities as allowed under state law and the 1996 Telecommunications Act, as may be amended. § 153.180.030 Exempt Facilities The following types of noncommercial, receive-only wireless communications facilities shall be exempt from the requirements of this subchapter: A. Common skeletal-type radio and television antenna that are: 1. Used to receive UHF, VHF, AM and FM signals of off-air broadcasts from radio and television stations; 2. Ground-mounted or roof-mounted; and 3. Not higher than 10 feet above the roof ridgeline. B. As long as exempted by federal law, satellite earth stations antennas,which are designed to receive broadcast signals directly from orbiting satellites, are exempt from this subchapter as follows unless otherwise stated herein: 1. In residential zoning districts, satellite earth stations antennas that are one meter or less in diameter. 153.180 Wireless Communications Facilitia 153.180-2 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Wireless Communications Facilities 153.170 2. In commercial and industrial zones, satellite earth stations antennas that are 2 meters or less in diameter. 3. When technically feasible, exempt satellite earth stations antennas shall not be placed in a front yard area, at the front of the building or home which the antenna serves, or in any other location visible from the public right-of-way. § 153.180.040 Approval Requirements A. Exempt wireless communications facilities shall not require city review/approval. B. The following approval processes are established for all wireless communications facilities on private property, where permitted by Table 153.180.050. 1. Wireless communications facilities subject to design review. Wireless communications facilities that meet all of the following criteria shall be subject to design review in compliance with city standards and any applicable specific plan or design guidelines. The design review shall be either approved, conditionally approved or denied by the Director,which decision shall be final unless appealed to the Commission in accordance with§153.210.150 (Appeals). a. Wireless communications facilities not located within a residential zoning district nor on a property used for residential purposes. b. Wireless communications facilities not requiring the construction of a new tower or other supporting structure. c. Wireless communications facilities incorporating a stealth design in which wireless communications facilities are: i. Flush-mounted on a existing structure and painted or otherwise concealed; or ii. Incorporated into a design element(e.g., identification monument, screened by an architectural treatment such as a parapet, or sign) and not visible from nearby properties or the right-of-way; d. Wireless communications facilities that comply with all applicable development criteria and performance standards contained in this subchapter and any applicable specific plans. 153.180 Wireless Communications Facilitie3 153.180-3 CITY OF BALD WIN PARK-CHAPTER 153:ZONING CODE Wireless Communications Facilities 153.170 e. All related equipment, including shelters, vaults, storage sheds or buildings, fencing or other associated devices are underground or otherwise not visible from nearby properties or the public right-of-way. 3. Wireless communications facilities requiring a conditional use permit. Wireless communications facilities that are not exempt or do not meet the criteria of subsection (B)(1) above shall be subject to a conditional use permit in compliance with standards herein and part 9 of subchapter 153.210, Conditional User Permits. Reasonable conditions may be imposed to protect nearby properties and the public health, safety and general welfare.Reasonable conditions shall include,but not be limited to, requiring the construction of walls, fencing, screening, warning signs,maintenance, as well as the imposition of other conditions. § 153.180.050 General Standards Table 153.180.050 identifies the general standards applicable to wireless communications facilities located on private properties in the city. Section 153.030.030 of this code shall govern zoning of all property including the right-of-way. Table 153.180.050 Antenna Development Standards Residential,Mixed Use,and Standards Open Space Zones Commercial and Industrial Zones Distance from any Property 10 feet 5 feet Line Distance from Other 6 feet 6 feet Structures Minimum Screening 6 feet 6 feet Height for equipment shelter or similar ground-mounted devices Allowed Setback Location Rear setback only Rear or side setback Maximum Height 30 feet. 60 feet,unless attached to an See also section 153.180.080. existing legal conforming structure, then the maximum height allowed shall be no more than 10 feet above said structure and antenna shall be required to be fully stealthed. See also section 153.180.080. Maximum Number of 2 3 Antennas or Antenna Arrays per Parcel(including exempt 153.180 Wireless Communications Facilitie4 153.180-4 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Wireless Communications Facilities 153.170 Table 153.180.050 Antenna Development Standards. Residential,Mixed Use,and Development Standards Open Space Zones., Commercial and Industrial Zones antennas). Roof-Mounted Antennas Prohibited unless an exception Allowed If mounted on flat portion is granted pursuant to section of roof with parapets or other 153.180.100 and any applicable screening that matches architectural permit features of structure Wireless Communications Prohibited without an Conditional Use Permit required Facilitiesb exception granted pursuant to section 153.180.100 and a Conditional Use Permit and any other applicable permit Maximum Number of Free- 0 1 standing Towers (a) Any proposed co-located antennas that meet the criteria of Government Code §§65850.6 and 65964 shall be permitted as provided therein. (b) Any permitted wireless communications facilities shall comply with the minimum setbacks required for the applicable residential zoning district unless fully stealthed and attached to or on an existing legal conforming structure,and shall be 500 feet from another free-standing wireless telecommunications facility. § 153.180.060 Development Standards The following regulations shall apply to the establishment, installation and operation of antennas including wireless communications facilities in all zoning districts: A. Compliance with building and electrical codes. Wireless communications facilities shall be installed and maintained in compliance with the requirements of the city's building code and electrical code. Installers shall obtain a building permit and an electrical permit before installation. B. Advertising prohibited. Advertising material shall not be allowed on wireless communications facilities or on any antennas. C. Traffic Signals.Wireless communications facilities shall not be permitted to be installed on traffic signals within the city unless permitted by the provisions of Section 153.030.030 of this code. 153.180 Wireless Communications Facilities 153.180-5 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Wireless Communications Facilities 153.170 D. Undergrounding. Electrical wiring associated with an wireless communications facilities shall be buried underground or hidden in a manner acceptable to the community development director or his or her designee. To the extent technologically feasible, all vaults, equipment, shelters, structures, or any other device related to or required for use of an antenna, related structure or wireless communications facility shall be underground where all other utilities are required to be underground. Where technologically feasible, the use of microwave dishes shall be prohibited and underground lines utilized. E. Noise. No equipment shall be operated so as to increase the noise in the vicinity of the equipment in excess of 5 decibels, other than in emergency situations requiring the use of a backup generator or monthly testing of said generator if the testing lasts no longer than 15 minutes. In all emergency situations, the city shall be immediately notified of the use of a backup generator and, on the next city business day, the operator shall secure all required permits and approvals necessary for the operation of the generator. F. Projections and anchoring in setback areas. No antenna array may extend beyond any property lines or into a front setback area. Guy wires may be attached to the structure but shall not be anchored within a front setback area. No guy wires shall be utilized in the public right-of-way unless alternate designs are infeasible and approved by the Public Works Director. G. Design considerations. The wireless communications facilities, including guy wires, supporting structures, and accessory equipment, shall be located and designed so as to minimize the visual impact on surrounding properties and from public streets. The materials used in constructing the antenna shall not be unnecessarily bright, shiny, garish, or reflective. Cellular, PCS and other wireless communications facilities shall be designed to be compatible with the surrounding physical environment by blending with the existing architecture and landscaping and by being as unobtrusive as possible. H. Specific Plans. All wireless communications facilities shall comply with any applicable and adopted specific plan. Redevelopment Plans. All wireless communications facilities shall comply with any applicable and adopted redevelopment plan. In addition, all proposed antennas in a redevelopment plan area shall be reviewed and approved by the Director. J. Equipment Shelter and Landscaping. All ground mounted antennas shall be screened by walls, fences, trellises or landscaping at least 6 feet in height so as to completely screen, camouflage and/or obscure visibility of the equipment shelter or any other ground mounted equipment, from public view. The equipment shelter shall be designed so as to be harmonious with and blend with the natural features, and be compatible with 153.180 Wireless Communications Facilitiesv 153.180-6 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Wireless Communications 1 Facilities 153.170 buildings and structures surrounding such structure. In addition and when applicable, landscaping shall be of a type and variety, and installed at sufficient size, to be capable of growing within one year so as to screen and obscure the visibility or camouflages the antenna. Irrigation shall also be installed when needed to maintain landscaping. No chain link fence shall be permitted. K. Aesthetically compatible. All wireless communications facilities and associated equipment shall be aesthetically compatible with surrounding uses and shall be designed and or located so as to avoid any adverse aesthetic impacts arising from the proposed use. The antennas, supporting structure and equipment shall be a color that blends the antennas and associated equipment with the natural setting and built environment and helps camouflage the antennas. L. Electrical requirements. Every wireless communications facility shall be adequately grounded with an adequate ground wire for protection against a direct strike of lightning. Ground wires shall be of the type approved by the latest edition of the electrical code for grounding masts and lightning arrestors and shall be installed in a mechanical manner, with as few bends as possible, maintaining a clearance of at least two inches from combustible materials. Lightning arrestors shall be used that are approved as safe by the Underwriter's Laboratories,Inc., and both sides of the line shall be adequately protected with proper arrestors to remove static charges accumulated on the line. When lead-in conductors of polyethylene ribbon-type are used, lightning arrestors shall be installed in each conductor.When coaxial cable or shielded twin lead is used for lead-in, suitable protection may be provided without lightning arrestors by grounding the exterior metal sheath. M. Performance Certification. For all wireless communications facilities, a certification shall be required to be submitted to the Director, in accordance with the requirements of 153.180.070A(3), and every 3 years thereafter, at the operator's cost, which provides that said facilities radio frequency emission levels meet Federal Communications Commission requirements. N. Terms of lease agreements. Co-location of cellular, PCS and other wireless communications facilities shall be encouraged. Lease agreements shall not include exclusive rights that would prohibit co-location where it is technically feasible. 0. Maintenance. No wireless communications facility, equipment shelter, tower or related structure or device shall be permitted to fall into disrepair or maintained in manner that is unsightly or interferes with the reasonable enjoyment of adjacent property owners. All such structures and devices shall be continually maintained to prevent rust, chipped or peeling paint. 153.180 Wireless Communications Facilities 153.180-7 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Wireless Communications Facilities 153.170 § 153.180.070 Review and Approval Process A. Application requirements for design review. 1. Radius Map. A radius map and a certified list of the names and addresses of all property owners within 300 feet of the exterior boundaries of the property involved, as shown on the latest assessment roll of the county assessor. 2. Site plan. A site plan shall consist of elevation drawings indicating the height, diameter, color, setbacks, foundation details, landscaping, method of screening, and color photo simulations showing the before and after effects of the proposed facility on the subject site. Existing poles, towers, and/or antennas shall also be shown. No plans shall include depictions of future wireless communications facilities,nor shall future wireless communications facilities be approved. 3. RF emissions report. The report shall be signed by a radio frequency engineer and prepared pursuant to Federal Communications Commission, Office of Engineering & Technology, Bulletin 65 or any other applicable guidelines or regulations, stating the maximum (EMF/RF) radiation to be emitted by the proposed facility and whether those emissions conform to safety standards adopted by the Federal Communications Commission. The report shall take into account all other facilities within 2,000 feet, both existing and known future facilities, the cumulative effects of co-located facilities and existing nearby buildings and structures, and shall be written in plain English. This report shall be available to the public. 4. Property owner approvals. Where the Wireless communications facility is located on property owned by someone other than the applicant, the applicant shall present documentation that the owner of the property has granted an easement or entered into a long-term lease for the proposed facility which provides vehicular or other necessary access to the facility. A letter of intent or affidavit, in a form approved by the city attorney, shall be submitted to meet the requirement of this subsection. 5. Code Compliance. No wireless communications facility shall be installed until such time as the property is brought into compliance with this code. 6. Wind load analysis. Analysis of the wind loads shall be required, as governed by the most recently adopted Building Code. Based on the results of the analysis, the building official may impose additional conditions to address safety concerns. 153.180 Wireless Communications Facilitieg 153.180-8 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Wireless Communications Facilities 153.170 7. Performance bond. A faithful performance bond shall be required prior to the issuance of building permits to ensure the removal of abandoned wireless communications facilities. 8. Applications. The applicant shall submit all other information and documents required by the city's application for antennas. In addition, the applicant shall submit a business license application or application for encroachment permit, when applicable. B. Application Requirements for Conditional Use Permit. 1. Applicants shall be required to comply with part 9 of§153.210, Conditional Use Permits. Any decision to deny a request to place, construct or modify a wireless telecommunications antenna and/or tower shall be in writing and supported by evidence contained in a written record of the proceedings of the planning commission. 2. Applicants shall also be required to comply with the following: a. Maps and Significant Gaps. Each applicant shall provide a map showing the area within the city that will be serviced by the proposed wireless communications facility and a statement as to the nature of the service to be provided. In the event that the applicant seeks to fill a gap in service, the applicant shall submit a statement in writing providing a definition of the term"significant gap" as it applies to the proposed facility;identifying the size of the area, in units of square miles, of the claimed significant gap; a map with the geographic boundary of the claimed significant gap area; and a map showing all of applicant's existing communications facilities in the city within a reasonable distance of the claimed significant gap. b. Alternative site analysis. Any applicant seeking to install a new wireless communications facility shall identify all reasonable, technically feasible, alternative locations, including facilities which could be used for co- location. The analysis shall also explain the rationale for selecting the proposed site. For all feasible co-location sites, the applicant shall provide evidence of written contact with all wireless service providers or tower owners within a quarter mile of the proposed communications facility, unless a smaller radius is technological justified by the applicant. The contacted tower owner or service provider shall be requested to respond in writing to the inquiry within 30 days. The applicant's letter(s) as well as response(s), or a statement from the applicant detailing all responses 153.180 Wireless Communications FacilitiS 153.180-9 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Wireless Communications Facilities 153.170 received, shall be included with the application as a means of demonstrating the need for a new free-standing tower. c. Preferred zones. The applicant shall demonstrate, with substantial evidence, that he or she has exhausted all reasonable efforts to locate a site in a commercial or industrial zone and/or it is not feasible to install the proposed facility on a site in such zones. d. Height representation. When a new free-standing tower is proposed, a balloon or other physical representation of the maximum height of the proposed wireless telecommunications facility shall be provided at the project location for a minimum of one week prior to any required public hearing for the facility to enable the Commission to assess the aesthetic impacts of the proposed antenna height on the surrounding land uses and public rights-of-way. This requirement may be waived by Director whenever deemed appropriate. § 153.180.080 Satellite Antennas, Amateur Radio Communication Facilities, and Citizen Band (CB) Radio Antennas Non-exempt satellite earth stations antennas, amateur (noncommercial) radio communication facilities, and citizen band radio antennas shall be located, constructed, installed and maintained in the following manner: A. Satellite earth stations antennas. Satellite antennas, including portable units and dish antennas, shall be designed, installed and maintained in compliance with the Federal Communications Commission and the California Public Utilities Commission as follows: 1. Antennas shall not be located within required front or side yard setback areas. In addition,no portion of an antenna shall extend beyond the property lines. 2. The antennas and supporting structure shall be painted a single, neutral, nonglossy color (e.g., earth-tones, gray, black, etc.) and, to the extent possible, shall be compatible with the appearance and character of the surrounding neighborhood. 3. Electrical and antenna wiring shall be placed underground where technologically feasible. 4. In residential zoning districts, antennas shall be subject to the following standards: 153.180 Wireless Communications FacilitliS 153.180-10 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Wireless Communications Facilities 153.170 a. Dish antennas larger than one meter shall not be placed on or attached to residential structures; b. The antennas shall be used for private,noncommercial,purposes only. 5. In nonresidential zoning districts, antennas may be roof or ground-mounted and shall be screened from view from public streets. A. Single pole/tower amateur radio communication facilities. Single pole/tower amateur radio communication facilities shall be designed, constructed, installed and maintained in the following manner: 1. The maximum overall height shall not exceed 35 feet, measured from finished grade. Antennas exceeding 35 feet in height may be approved provided that the antenna is of the retractable variety, that the antenna is retractable to below 35 feet, and the applicant executes an agreement, in a form approved by the city attorney, stating that the antenna will only be extended during actual use of the antenna. 2. Where a parcel has one pole/tower structure greater than 40 feet, measured from finished grade, in overall height (including antennas), including one permitted pursuant to subparagraph (1) above, only one additional pole/tower structure shall be allowed with an overall height not to exceed thirty-five (35) feet measured from finished grade(including antennas). 3. The pole/tower and/or antennas may be roof or ground-mounted. 4. The pole/tower and/or antennas may not be located in any required front or side yard setback areas. 5. The pole/tower and/or antennas shall be located at least 5 feet from the rear lot line and at least 15 feet from any street side property line; 6. The pole/tower and/or antennas shall not project or overhang into areas in which they are not allowed to locate. 7. The pole/tower and/or antennas shall be a natural metal finish or painted a single, neutral, nonglossy color (e.g., earth-tones, gray, black, etc.) and, to the extent possible, compatible with the appearance and character of the surrounding neighborhood. 153.180 Wireless Communications Facilitthl 153.180-11 CITY OF BALDWIN PARK-CHAFFER 153:ZONING CODE Wireless Communications Facilities 153.170 8. The pole/tower and/or antennas shall be used for private, noncommercial, purposes only. 9. Operators shall comply with all applicable regulations, specifically those regulations related to radio interference with electronic devices as set forth by the Federal Communications Commission. B. Citizen band (CB) radio. Citizen band radio antennas shall be designed, constructed, installed and maintained in the following manner except for antennas mounted on vehicles or to hand-held units: 1. Standards. a. Citizen band radio antennas shall not exceed 35 feet in overall height measured from finished grade. b. Citizen band radio antennas shall comply with requirements provided in subsection 153.180.080(B), items 4 through 9. 2. Prohibition of certain citizen band radios and activities. It shall be a violation of this subchapter to use citizen band radio equipment not authorized by the Federal Communications Commission or to use such equipment in a manner that violates any Federal Communications Commission regulation. 3. Exempt stations. A station that is licensed by the Federal Communications Commission pursuant to section 301 of the Communications Act of 1934 in any radio service for the operation at issue shall not be subject to this division. Any citizen's band radio equipment on board a "commercial motor vehicle," as defined in section 31101 of title 49, United States Code, shall require probable cause to find that the commercial motor vehicle or the individual operating the vehicle is in violation of Federal Communications Commission citizens band radio regulations. § 153.180.100 Exceptions A. Criteria for granting exceptions. 1. An exception to specific requirements of this subchapter may be issued for a wireless communications facility if it meets all of the following applicable standards: 153.180 Wireless Communications Facilitib3 153.180-12 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Wireless Communications Facilities 153.170 a. With regard to siting, the applicant shall demonstrate that the facility and/or antenna must be located and designed as proposed to service the applicant's service area. The applicant shall submit an explanation and supporting engineering data proving that a tower or antenna as proposed is technologically necessary. b. If seeking an exception from required height standards, the applicant shall demonstrate that the proposed height is designed at the minimum height necessary and shall specifically include an analysis comparing the operation of the facility at its proposed height with its operation at the maximum height permitted herein. The applicant shall also address whether the additional height would be required if the facility were located at a different site. The purpose of this analysis is to ensure that additional height is permitted only when technically necessary for the provision of services. c. Locating the antenna in conformance with the specifications of this subchapter would obstruct the antenna's reception window or otherwise excessively interfere with reception, and the obstruction or interference involves factors beyond the applicant's control. d. The exception would not create a significant visual impact. e. Granting the exception shall conform to the spirit and intent of this code. f. The exception request is consistent with the city's general plan. g. Granting the exception will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity. B. Revocation of exceptions. Any exception may be revoked if the owner and/or operator fails to comply with the conditions imposed. § 153.180.110 Nonconforming Wireless Communications Facilities A. Illegally established facilities. Any wireless communications facility constructed or erected in violation of this chapter or any prior law, ordinance or regulation shall be subject to immediate abatement. B. Nonconforming wireless communications facilities. All wireless communications facilities, in any zone, lawfully constructed and erected prior to the effective date of this 153.180 Wireless Communications Facilitib' 153.180-13 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Wireless Communications Facilities 153.170 subchapter, which do not conform to the requirements of the provisions of this subchapter for the particular zoning district in which they are located, shall be accepted as nonconforming uses for a period of 5 years from the effective date of this subchapter. Thereafter, the wireless communications facilities shall be subject to abatement as set forth below via modification to comply with the standards of this subchapter. Any modifications shall be subject to review by the Director, who shall assess the modification and its compliance with this subchapter or any other applicable section of this code. All decisions concerning any modification review conducted by the Director shall be final, unless appealed to the Commission in accordance with the provisions of §153.210.150. When modification is insufficient to meet the requirements of this subchapter, wirleless communications facilities shall be subject to abatement via relocation or removal. C. Notice of Nonconforming Wireless Communications Facilities. 1. Upon the determination of the Director that the provisions of this subchapter apply to a given parcel of land on which a wireless communications facility is located, the Director shall send a notice thereof by United States certified mail, return receipt requested, or other method providing verification of delivery, to the owner thereof as shown on the last equalized assessment roll, and shall cause such property to be posted with a similar notice. 2. The notice provided for in this section shall state that the property and wireless communications facility in question is a nonconformity, shall state the date of abatement established in subsection B of this section, and shall state that an administrative hearing before the Commission may be requested within 15 days. D. Hearing. 1. If a hearing before the Commission is requested, the hearing procedures established in§153.200.080 shall apply. 2. At the close of the hearing,the Commission shall find and determine whether the nonconformity should be abated and all facts in support thereof, whether the owner of the property can amortize his/her investment in the term for abatement provided in subsection B of this section, and if not, what term for abatement should be provided. 3. The decision of the Commission and the findings in support thereof shall be in the form of a written order and shall be served upon the property owner personally or by United States certified mail, return receipt requested, or other 153.180 Wireless Communications Facilitl$ 153.180-14 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Wireless Communications Facilities 153.170 method providing verification of delivery, within 10 days after the decision is rendered. 6. The decision of the Commission may be appealed to the Council pursuant to §153.200.090. E. Extension of Time. 1. The Commission, or Council on appeal, shall grant an extension of the time for abatement of nonconformity where it finds that an unreasonable hardship would otherwise be imposed on the property owner. 2. The Commission, or Council on appeal, shall consider the following factors, among others, in determining whether to grant an extension of time and the length of the term: a. The nature of the use. b. The amount of the owner's investment in improvements. c. The convertibility of improvements to permitted uses. d. The character of the neighborhood. e. The detriment, if any, caused to the neighborhood by continuance of the nonconforming use. f. The amount of time needed to amortize the investment. E. Proof of Amortization. The Commission, or Council on appeal, shall base its decision as to the length of the permitted amortization period on any competent evidence presented, including, but not limited to, the depreciation schedule attached to the owner's latest federal income tax return. F. Relocation. Where the Commission finds that a nonconforming wireless communications facility, either in its present condition or as modified, can be used in compliance with the standards set forth in this subchapter for the zoning district in which it is located, the nonconforming facility may be granted an extension sufficient to permit it to relocate on the site wherein such use is permitted and which has substantially equivalent utility for the use. § 153.180.120 Abandonment of Communications Facilities A. When facility considered abandoned. The operator or owner of a communications facility or other antenna shall be required to remove all unused or abandoned equipment, antennas, poles, and/or towers if the facility has not been operational for a 153.180 Wireless Communications Facilitibi 153.180-15 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Wireless Communications Facilities 153.170 consecutive 6-month period or a total of 12months over a consecutive 36-month period. A facility is considered abandoned if it no longer provides communication services. The removal shall be in compliance with proper health and safety requirements and shall occur no later than 30 days following the end of the applicable cessation period. B. Removal by owner/operator. A written notice of the determination of abandonment shall be sent or delivered to the operator or owner of the facility by the Director. The operator shall have 30 days to remove the facility or provide the Director with evidence that the use has not been discontinued. The Director shall review the evidence and shall determine whether or not the facility is abandoned. Facilities not removed within the required 30-day period shall be in violation of this section, shall constitute a public nuisance, and operators or owners of the facility and the owners of the property shall be jointly subject to penalties for violations under the enforcement and penalty provisions of the Baldwin Park Municipal Code. C. Removal by city. In the event that a wireless communications facility is not removed within 90 days after the applicable cessation period ends, as described in subsections A and B above, the city may remove the facility and shall bill the antenna owner or property owner for all costs including any administrative and legal costs incurred in connection with said removal. Once all costs have been paid by the owner, any bond posted for removal shall be released. The city does not waive any legal rights to seek repayment for removal costs pursuant to a bond posted, nor to bring an action for repayment of costs. 153.180 Wireless Communications Facility 153.180-16 SUBCHAPTER 153.190 - TRIP REDUCTION AND TRANSPORTATION DEMAND MANAGEMENT x. _ Section Contents: §153.190.010 Intent and Purpose §153.190.020 Applicability §153.190.030 Review of Transit Impacts §153.190.040 Development Standards §153.190.050 Maintenance §153.190.060 Monitoring § 153.190.010 - Intent and Purpose The purpose of this subchapter is to establish provisions that encourage the efficient use of the city's existing and planned transportation infrastructure, maintain or improve traffic levels of service and lower motor vehicle emissions. The policy of the city is to minimize the number of peak period vehicle trips generated by additional development, promote the use of alternative transportation, improve air quality and participate in regional and countywide efforts to improve transportation demand management. § 153.190.020- Applicability Prior to approval of any development project, the applicant shall make provision from, as a minimum, all of the following applicable transportation demand management and trip reduction measures. This subchapter shall not apply to projects for which a development application has been deemed "complete" by the city pursuant to the California Government Code § 65943, or for which a notice of preparation for a draft environment impact report has been circulated, or for which an application for a building permit has been received, prior to April 16, 1993. § 153.190.030 - Review of Transit Impacts A. Consult with fixed-route transit operators. Prior to approval of any development project for which an environmental impact report(EIR) will be prepared pursuant to the requirements of the California Environmental Quality Act (CEQA), or based on a local determination, regional and municipal fixed-route transit operators providing service to the project shall be identified and consulted. The "Transit Impact Review Worksheet," contained in the Los Angeles County Congestion Management Program Manual, or similar worksheets, shall be used in assessing impacts. Pursuant to the provisions of CEQA, transit operators shall be sent a notice of preparation (NOP) for all contemplated Erns and shall, as part of the NOP process, be given opportunity to comment on the 153.190 Trip Reduction and Transportation Demand Management 153.190-1 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Trip Reduction and Transportation Demand Management 153.190 impacts of the project, to identify recommended transit service or capital improvements which maybe required as a result of the project, and to recommend mitigation measures which minimize automobile trips on the CMP network. Impacts and recommended mitigation measures identified by the transit operator shall be evaluated in the draft EIR prepared for the project. Related mitigation measures adopted shall be monitored through the mitigation monitoring requirements of CEQA. B. Phased development projects. Phased development projects, development projects subject to a development agreement or development projects requiring subsequent approvals, need not repeat this process as long as no significant changes are made to the project. It shall remain the discretion of the lead agency to determine when a project is substantially the same and therefore covered by a previously certified EIR. § 153.190.040- Development Standards A. Nonresidential development of 25,000 square feet or greater. Nonresidential development containing 25,000 square feet or more of gross leasable floor area shall provide the following to the satisfaction of the city: 1. A bulletin board, display case or kiosk displaying transportation information located where the greatest number of employees are likely to see it. Information in the area shall include,but is not limited to,the following: a. Current maps, routes and schedules for public transit routes serving the site; b. Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operators; c. Ridesharing promotional material supplied by commuter-oriented organizations; d. Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information;and e. A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site. B. Nonresidential development of 50,000 square feet or greater. Nonresidential development containing 50,000 square feet or more of gross leasable floor area shall comply with subsection (A) of this section and shall provide all of the following measures to the satisfaction of the city: 153.190 Trip Reduction and Transportation Demand Management 153.190-2 • CITY OF BALD WIN PARK-CHAPTER 153:ZONING CODE Trip Reduction and Transportation Demand Management 153.190 1. Not less than 10% of employee parking areas shall be located as close as is practical to the employee entrance(s), and shall be reserved for use by potential carpool/vanpool vehicles, without displacing handicapped and customer parking needs. This preferential carpool/vanpool parking area shall be identified on the site plan upon application for a building permit to the satisfaction of the city. A statement that preferential carpool/vanpool spaces for employees are available and a description of the method for obtaining such spaces must be included on the required transportation information board. Spaces will be signed/striped as demand warrants, provided that at all times at least one space for projects of 50,000 square feet to 100,000 square feet and two spaces for projects over 100,000 square feet will be signed/striped for carpool/vanpool vehicles. 2. Preferential parking spaces reserved for vanpools must be accessible to vanpool vehicles. When located within a parking structure, a minimum vertical interior clearance of 7 feet 2 inches shall be provided for those spaces and access ways to be used by such vehicles. Adequate turning radii and parking space dimensions shall also be included in vanpool parking areas. 3. Bicycle racks or other secure bicycle parking shall be provided to accommodate 4 bicycles per the first 50,000 square feet of nonresidential development and 1 bicycle per each additional 50,000 square feet of nonresidential development. Calculations which result in a fraction of 0.5 or higher shall be rounded up to the nearest whole number. A bicycle parking facility may also be a fully enclosed space or locker, accessible only to the owner or operator of the bicycle, which protects the bike from inclement weather. Specific facilities and location (e.g., provisions of racks,lockers or locked room) shall be to the satisfaction of the city. C. Nonresidential development of 100,000 square feet or greater. Nonresidential development containing 100,000 square feet or more of gross leasable floor area shall comply with subsections (A) and (B) of this section, and shall provide all of the following measures to the satisfaction of the city: 1. A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers. 2. Sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each building in the development. 3. If determined necessary by the city to mitigate the project impact, bus stop improvements must be provided. The city will consult with the local bus service providers in determining appropriate improvements. When locating bus stops 153.190 Trip Reduction and Transportation Demand Management 153.190-3 CITY OF BALDWIN PARK-CHAFFER 153:ZONING CODE Trip Reduction and Transportation Demand Management 153.190 and/or planning building entrances, entrances must be designed to provide safe and efficient access to nearby transit stations/stops. 4. Safe and convenient access from the external circulation system to bicycle parking facilities onsite. § 153.190.050 - Maintenance All facilities and improvements constructed or otherwise required shall be maintained in a state of good repair. § 153.190.060 - Monitoring The provisions of this subchapter shall be included as conditions of approval for all developments which require discretionary approvals. Monitoring to ensure compliance with this subchapter shall occur prior to the issuance of a certificate of occupancy. 153.190 Trip Reduction and Transportation Demand Management 153.1904 SUBCHAPTER 153.200— NONCONFORMING BUILDINGS, STRUCTURES,AND USES Section Contents: §153.200.010 Application §153.200.020 Definition §153.200.030 Continuation of Nonconforming Uses,Buildings and Structures §153.200.040 Nonconformity §153.200.050 Abandonment,Change or Increase in Use §153.200.060 Expiration of Time §153.200.070 Orders of Abatement §153.200.080 Appeals from Decision of Director §153.200.090 Appeals from Commission Decisions §153.200.100 Notice of Decision §153.200.110 Effective Date of Notice §153.200.120 Perfecting Appeals §153.200.130 Conduct of Hearings §153.200.140 Repair;Maintenance §153.200.150 Eminent Domain;Public Acquisition §153.200.160 Permitted Repair and/or Maintenance of Nonconforming Buildings and Structures §153.200.170 Effect of Work §153.200.180 Exemptions and Exceptions §153.200.190 Minor Additions to Dwellings in R-1 Zone §153.200.200 Consistency with General Plan Required § 153.200.010 - Application Except as otherwise set forth in this subchapter, the regulations set out in this subchapter shall apply to each nonconforming use,building or structure located in the city. § 153.200.020- Definition For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. OWNER. The owner or owners of the fee interest in the property to which an order relates, and the trustee and owner or owners of any beneficial interest under a trust deed relating to such property, and a tenant under a written recorded lease, as such interests are shown by a title search conducted by a qualified title company. 153.200 Nonconforming Buildings,Structures,and Uses 153.200-1 CITY OF BALDWIN PARK—CHAPTER 153:ZONING CODE Nonconforming Buildings,Structures,and Uses 153.200 § 153.200.030 - Continuation of Nonconforming Uses, Buildings and Structures Each and every nonconforming use, building or structure may be continuously utilized and maintained, subject to the provisions of this subchapter; provided, that no alteration, addition or enlargement as to any such use,building or structure shall be permitted, except as otherwise expressly provided in this subchapter. § 153.200.040 - Nonconformity A. Limitation on other uses. Except otherwise as expressly provided in this subchapter, so long as a nonconforming use,building or structure exists upon any lot, no new use,building or structure maybe established, located or constructed on such lot. B. Change of use. 1. General. Except as otherwise expressly prohibited in this chapter, a nonconforming use may be replaced by another nonconforming use; provided such new nonconforming use does not result in an expansion or enlargement of the degree or intensity of nonconformity. A determination of the Director made pursuant to this division shall be subject to review as provided in§ 153.621. 2. Commercial and industrial zones. Where a use located on any lot classified in any zone, other than a residential zone, is nonconforming by reason of a lack of off-street parking facilities, that use may be succeeded by another use, subject to the provisions of division (A) above; provided that the new use does not require, pursuant to the provisions of this chapter, off-street parking facilities in excess of that required for the replaced use. 3. F-C and I-C Zones. Any use located on a lot classified in an F-C or I-C zone, which was lawfully established prior to July 14, 1986, which use became nonconforming as a result of the reclassification of the lot upon which located to the F-C or I-C zones, may be replaced with any use which is a principal use expressly allowed as such in the I-C zone, provided there is no expansion of the use,building or structure. § 153.200.050 - Abandonment, Change or Increase in Use Whenever any of the following facts are found to exist with reference to a nonconforming use, building or structure,the same shall be forthwith abated and usage thereof shall be terminated: 153.200 Nonconforming Buildings,Structures,and Uses 153.200-2 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Nonconforming Buildings,Structures,and Uses 153.200 A. Abandonment. Abandonment or termination of the usage of a nonconforming use, building or structure: there shall exist a rebuttable presumption of an intent by the owner thereof to permanently abandon the nonconforming status thereof, whenever the utilization of a nonconforming use,building or structure has been discontinued, for any reason, for a period of 6 consecutive months or more. B. Change in use. 1. A change from a nonconforming use to another nonconforming use, except as expressly provided in this subchapter; and 2. A change from a nonconforming use to a conforming use. C. Increase in use. An increase or enlargement of the area, space or volume of the building, structure or land occupied by or devoted to such nonconforming use,except as otherwise provided in this subchapter. § 153.200.060 - Expiration of Time Nonconforming buildings, uses and structures shall be abated and usage thereof shall be terminated upon the expiration of the periods of time indicated in this section. The periods of time shall be deemed to commence to run as of the date that such use,building or structure first became nonconforming by reason of the application thereto of the zoning regulations of the city: A. Where the lot is unimproved, including,but not limited to, areas used for vehicular off- street parking facilities,one year. B. Where the lot is unimproved, except for structures of a type for which the building code does not require a building permit,three years. C. Where the lot is unimproved except for buildings or structures which contain less than 100 square feet of gross floor area, three years. D. Nonconforming outdoor advertising signs and structures,three years. E. A nonconforming use,20 years. F. A nonconforming use of a trailer park,five years. G. Nonconforming buildings and structures other than those referred to in divisions (B), (C), (D), (F) and (H) of this section, shall be abated, and the usage thereof terminated, 153.200 Nonconforming Buildings,Structures,and Uses 153.200-3 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Nonconforming Buildings,Structures,and Uses 153.200 within the periods of time as set forth in this subchapter, based on the type of construction thereof as defined in the building regulations of the city, as follows: 1. Type IV and Type V buildings (light incombustible frame and wood frame), 35 years; 2. Type III buildings (heavy timber construction and ordinary masonry), 40 years; and 3. Type I and Type II buildings (fire-resistive),50 years. H. A nonconforming use of a contractor or construction office, shop or yard, two years. I. The nonconforming maintenance of animals,fish, or fowl,two years. J. The nonconforming use of a game arcade or game machine,two years. K. An adult business use,two years. § 153.200.070 - Orders of Abatement Where any one of the facts set forth in §153.200.050(A) or (B) are found to exist by the Director or where the Director finds that, as to any use, building or structure, the applicable time set forth in§153.200.060 has expired as to such use, building or structure, the Director shall issue a written order of abatement, hereinafter referred to as the "order," and give notice thereof to the owners and/or persons in possession thereof. Each order shall contain a description of the property affected, the factual basis for the issuance of such order, the method of abatement, and the time within which such abatement shall occur. The order shall be deemed final and conclusive, as of the date of the giving of notice of the issuance thereof, in the absence of an appeal, timely filed and perfected as provided in this subchapter. The owner and/or person in possession of the property to which an order relates shall comply with the order, as of the date the order becomes final. § 153.200.080 - Appeals from Decision of Director A. An order shall be, for all purposes, final and conclusive, unless within not to exceed 30 days after the giving of notice of the issuance of such order by the Director, an appeal is filed as provided in this subchapter contemporaneously with the payment of a filing and processing fee in a sum set by resolution of the City Council. B. All appeals from decisions of the Director shall be filed with the secretary of the Planning Commission appealing the decision of the Director to the Planning Commission with regard to the issuance of an order. 153.200 Nonconforming Buildings,Structures,and Uses 153.200-4 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Nonconforming Buildings,Structures,and Uses 153.200 C. The Secretary of the Commission, upon receipt of such a timely filed appeal, shall set the matter for a de novo hearing before the Planning Commission and shall cause notice of the time and place thereof to be given as specified in this subchapter. D. Based upon the evidence presented at such de novo hearing, the Commission shall determine whether the use, building and/or structure has lost its nonconforming status pursuant to the provisions of this subchapter. E. In the absence of the perfecting of an appeal, as provided in this subchapter, appealing the decision of the Commission to the City Council, the Commission's decision shall be final and conclusive as of the 30th day following the date of the adoption of the decision by the Commission. § 153.200.090 — Appeals from Commission Decisions A. A written appeal appealing the Commission's decision to the City Council, must be filed with the City Clerk within 30 days of giving notice of the Commission's decision with respect to such order. B. The City Clerk, upon receipt of a timely filed appeal, shall set the matter for a de novo hearing before the City Council and shall give notice of the time and place thereof, as specified in this subchapter. C. Based upon the evidence presented at such de novo hearing, the City Council shall determine whether the use, building and/or structure has lost its nonconforming status pursuant to the provisions of this subchapter. D. The decision of the City Council shall be final and conclusive. § 153.200.100 — Notice of Decision A. By Director. Upon issuance of an order by the Director, the Director shall give notice thereof by depositing a copy of such order in the course of transmission of the United States Postal Service, addressed to the owner and/or persons in possession of the property to which the order relates, postage prepaid, addressed at such person's last known address. Alternatively, the Director may personally serve such persons with copies of the order. B. By Commission. Upon the adoption by the Commission of a decision with reference to an order, the secretary of the Commission shall forthwith give written notice of the same. The notice of such decision shall be given in the same manner as set forth in division(A) above. 153.200 Nonconforming Buildings,Structures,and Uses 153.200-5 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Nonconforming Buildings,Structures,and Uses 153.200 C. By Council. Upon the adoption by the Council of a decision relating to an order, the City Clerk shall, forthwith, give written notice of the same. The notice of such decision shall be given in the same manner as set forth in division(A). § 153.200.110 — Effective Date of Notice The notices required under this subchapter shall be deemed to have been given as of the date of personal service or two consecutive days after the date of deposit of such notice in the course of transmission of the United States Postal Service. § 153.200.120 — Perfecting Appeals The owner of property to which an order relates, or his authorized agent, shall be qualified to file an appeal from a decision by the Director and/or the Commission relating to an order. No such appeal shall be effective for any purpose unless the same is filed within the times permitted pursuant to the provisions of this subchapter. In addition, no such appeal shall be valid for any purpose unless, contemporaneously with the filing of such an appeal, an appellate filing and processing fee in a sum set by resolution of the City Council is paid to the city. § 153.200.130 — Conduct of Hearings A. Hearing Procedures. 1. At all hearings held pursuant to this subchapter, before either the Planning Commission or the City Council, any interested person shall be heard, and applicable staff reports relating to such matter shall be considered. 2. In proceedings pursuant to§153.200.060 to abate a nonconforming use,building or structure, the Commission and/or Council shall determine whether the applicable prima facie period, as set forth in §153.200.060, is appropriate as applied to the facts of that case. In making such determination, the Commission and/or Council shall consider the date the buildings or structures were constructed, the original costs thereof, whether such original cost has been, or could have been, recovered by the owner under generally accepted accounting practices, and whether it is feasible to relocate such building or structures. B. Authority to Extend Abatement.The Commission and/or Council may extend the prima facie periods of abatement, as set forth in§153.200.060, in order to establish a reasonable period of abatement,based upon the facts presented at the hearing. 153.200 Nonconforming Buildings,Structures,and Uses 153.200-6 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Nonconforming Buildings,Structures,and Uses 153.200 § 153.200.140- Repair; Maintenance 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. § 153.200.150 - Eminent Domain; Public Acquisition A. Repair; public acquisition. The repair, reconstruction or remodeling of any nonconforming building or structure shall be permitted where a part of such building or structure is taken for any public use by condemnation, dedication or purchase by an agency having the power of eminent domain. Such reconstruction, remodeling or repair shall be limited to that necessary to render the building or structure safe for continued use. Such repair, reconstruction or remodeling shall not have the effect of extending the period of abatement relating to such nonconforming building or structure. B. Acquisition causing nonconformity. No building, structure or use shall be deemed to be nonconforming, where such nonconformity is caused, exclusively, by public acquisition, by condemnation, dedication, purchase or other form of public acquisition, of a portion of the building,structure or the lot upon which such is located. § 153.200.160 - Permitted Repair and/or Maintenance of Nonconforming Buildings and Structures Nothing in this subchapter shall be deemed to prevent the repair, rehabilitation and reconstruction (hereinafter referred to as work) as to a nonconforming building or structure, under any of the following conditions: A. Elimination of nonconformity. Such work shall be permitted in order to render the use, building or structure in conformity with the provisions of this chapter, except that the conversion of an existing residential structure or use to a nonresidential use permitted in the zone in which the lot upon which such building or structure is located, shall not be allowed unless and until a conditional use permit pursuant to the provisions of §§ 153.630 et seq. is first obtained. B. Compliance with laws. Such work shall be permitted in order to comply with any laws, including,but not limited to,the zoning regulations set forth in this chapter as amended. C. Partial destruction. Where any nonconforming building or structure is damaged or partially destroyed by any casualty, the same may be restored to the condition in which it existed immediately prior to the occurrence of such casualty; provided, that the aggregate total cost of the necessary work does not exceed a sum equal to one-half of the 153.200 Nonconforming Buildings,Structures,and Uses 153.200-7 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Nonconforming Buildings,Structures,and Uses 153.200 then assessed value of the building or structure; provided, that all such work shall be completed within a period of 12 consecutive calendar months from and after the date of the occurrence of the casualty. Sureties may be required by the Director to assure timeliness of such work. D. Nonconformity; existing yard areas. Such work shall be permitted as to any existing building or structure which is nonconforming by reason of substandard yard areas. § 153.200.170 - Effect of Work Accomplishment of any work permitted pursuant to this subchapter shall not be deemed, regardless of cost, to extend the abatement period of the nonconforming use, building or structure to which the same relates. § 153.200.180- Exemptions and Exceptions A. Public utilities exempted. The provisions of this subchapter concerning the required abatement of nonconforming buildings, structures and/or uses, and the reconstruction of nonconforming buildings and structures partially destroyed, shall not apply to public utility buildings and structures when such buildings and structures pertain directly to the rendering of the service by a utility, such as steam electric generation stations, electric distribution and transmission substations, communication equipment building, water wells and pumps, gas storage, metering and valve control stations; nor shall any provision of this subchapter be construed or applied so as to prevent the expansion, modernization or replacement of such public utility buildings, structures, equipment and features, as are used directly for the delivery of or distribution of the service; provided, that this section shall not exempt such uses from the provisions hereof covering nonconformity of such buildings, structures or uses not immediately related to the direct service to consumers, such as warehouses, storage yards and the like. B. Mixed uses. Where uses, buildings and/or structures are located on a C or I zoned lot, or a combination of such lots which form a single complex under common ownership, or a portion of such uses, buildings and/or structures located thereon, are nonconforming solely by reason of the fact that one or more of the uses are not permitted uses in the zone, no additional use, building or structure shall be permitted on such lot or lots, unless all of the requirements of provisions of this chapter are met as to any such additional use. § 153.200.190 - Minor Additions to Dwellings in R-1 Zone A. Nonconforming parking. Where a single-family residence is located on any residentially zoned lot, and such use is nonconforming by reason of inadequate parking, that residence may be enlarged to a maximum addition of 600 square feet of floor area without the provision of conforming parking. 153.200 Nonconforming Buildings,Structures,and Uses 153.200-8 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Nonconforming Buildings,Structures,and Uses 153.200 B. Accessory building. The construction of any accessory building or structure allowed pursuant to the zoning regulations applicable to the R-1 zone under this chapter shall also be permitted on any such lot. § 153.200.200— Consistency with General Plan Required A. Notwithstanding anything else contained in this code or any rule or regulation of the city, but subject to the non-conforming use provisions of this subchapter,no permit of any kind shall be issued by or on behalf of the city for any use, building, structure, or business which is not consistent with the city's General Plan, as adopted on November 20,2002. B. Subject to the referral authority set forth in§§153.210.020(B) and the appeal process set forth in §153.210.150, the determination of consistency between the city's General Plan and the city's issuance of any permit for any use,building, structure, or business shall be made by the Zoning Administrator. 153.200 Nonconforming Buildings,Structures,and Uses 153.200-9 f4 4 SUBCHAPTER 153.210 ADMINISTRATIVE PROCEDURES Section Contents: PART 1 General Provisions §153.210.010 Intent and Purpose §153.210.020 Designated Approving Authority §153.210.030 Exemptions from Permit Requirements §153.210.040 Additional Required Permits §153.210.050 Burden of Proof §153.210.060 Precedence §153.210.070 Concurrent Processing of Permits §153.210.080 Application Regulations §153.210.090 General Application Processing Procedures §153.210.100 Notice of Public Hearing Regulations §153.210.110 Public Hearing Regulations §153.210.120 Permit Implementation and Time Limits §153.210.130 Permit Modification §153.210.140 Permit Revocation §153.210.150 Appeals PART 2 Design Review §153.210.160 Intent and Purpose §153.210.170 Applicability §153.210.180 Determination §153.210.190 Record of Review PART 3 Zoning Clearance §153.210.200 Intent and Purpose §153.210.210 Applicability §153.210.220 Determination §153.210.230 Record of Clearance PART 4 Sign Permit §153.210.240 Intent and Purpose §153.210.250 Applicability §153.210.260 Determination §153.210.270 Record of Permit PART 5 Temporary Use Permit §153.210.280 Reference 153.210 Administrative Procedures 153.210-1 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Administrative Procedures 153.210 PART 6 Zoning Code Interpretation §153.210.320 Intent and Purpose §153.210.330 Determination §153.210.340 Record of Interpretation PART 7 Administrative Adjustment §153.210.350 Intent and Purpose §153.210.360 Applicability §153.210.370 Proceedings §153.210.380 Determination §153.210.390 Record of Permit PART 8 Variance §153.210.400 Intent and Purpose §153.210.410 Applicability §153.210.420 Proceedings §153.210.430 Determination §153.210.440 Record of Permit PART 9 Conditional Use Permit §153.210.450 Intent and Purpose §153.210.460 Applicability §153.210.470 Proceedings §153.210.480 Determination §153.210.490 Limited Time Approval §153.210.495 Expiration for Non-use §153.210.500 Record of Permit PART 10 Historic Designation §153.210.510 Intent and Purpose §153.210.520 Applicability §153.210.530 Proceedings §153.210.540 Determination §153.210.550 Record of Designation PART 11 Historic Structure Work Permit §153.210.560 Intent and Purpose §153.210.570 Proceedings §153.210.580 Record of Permit PART 12 Historic Structure Demolition Permit §153.210.590 Intent and Purpose 153.210 Administrative Procedures 153.210-2 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Administrative Procedures 153.210 §153.210.600 Proceedings §153.210.610 Record of Permit PART 13 Wireless Facility Encroachment Permit §153.210.620 Intent and Purpose §153.210.630 Proceedings §153.210.640 Determination §153.210.650 Record of Permit PART 14 Specific Plan §153.210.660 Intent and Purpose §153.210.670 Specific Plan Initiation §153.210.680 Proceedings §153.210.690 Determination §153.210.700 Record of Plan §153.210.710 Specific Plan Amendments PART 15 Zoning Code Text and Zoning Map Amendments §153.210.720 Intent and Purpose §153.210.730 Amendment Initiation §153.210.740 Proceedings §153.210.750 Determination §153.210.760 Record of Amendment PART 16 General Plan Text and Map Amendments §153.210.770 Intent and Purpose §153.210.780 Amendment Initiation §153.210.790 Proceedings §153.210.800 Determination §153.210.810 Record of Amendment PART 17 Development Agreement §153.210.820 Intent and Purpose §153.210.830 Development Agreement Application §153.210.840 Contents of Agreement §153.210.850 Proceedings §153.210.860 Determination §153.210.870 Record of Filing Agreement §153.210.880 Amendment or Cancellation §153.210.890 Periodic Review 153.210 Administrative Procedures 153.210-3 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Administrative Procedures 153.210 PART 18 Downtown Overlay §153.210.900 Intent and Purpose §153.210.910 Applicability §153.210.920 Proceedings §153.210.930 Determination §153.210.940 Record of Overlay PART 19 Development Plan(Planned Development Overlay) §153.210.950 Intent and Purpose §153.210.960 Proceedings §153.210.970 Required Findings for Approval §153.210.980 Record of Plan PART 20 Reasonable Accommodation §153.210.990 Intent and Purpose §153.210.1000 Applicability §153.210.1010 Proceedings §153.210.1020 Findings §153.210.1030 Determination §153.210.1040 Record of Reasonable Accommodation 153.210 Administrative Procedures 153.210-4 CITY OF BALD WIN PARK-CHAPTER 153:ZONING CODE Administrative Procedures 153.210 PART 1 - General Provisions § 153.210.010 - Intent and Purpose The purposes of the provisions set forth in this subchapter, are as follows: A. Discretionary permits and actions. Establish the overall structure for the review and action of discretionary permits and actions. B. Responsible Approving Authority. Designate the responsible Approving Authority for the review of such permits and actions. C. Application process. Outline the application processing procedures for such permits and actions. D. Noticing and hearing requirements. Establish the noticing and public hearing requirements for such permits and actions. E. Time limits and implementation. Identify the time limits and implementation requirements of such permits and actions. F. Permit modification and revocation. Outline the permit modification and revocation restrictions. G. Appeals.Identify the procedures for filing and processing an appeal. § 153.210.020 - Designated Approving Authority A. Approving authorities. The Approving Authority, as designated in Table 153.210.020, shall approve, conditionally approve or deny applications based upon evidence presented by the applicant, by making the applicable findings required for a particular permit or approval in accordance with the requirements of this chapter and other laws and regulations. The table identifies both recommending (R) and final (F) authorities for each application. An action of the Approving Authority may be appealed to the appeal (A) authority,pursuant to procedures set forth in§153.210.150. B. Referral authority. The Zoning Administrator may forward an application for an administrative adjustment, zone variance, conditional use permit, and modification or revocation thereof to the secretary of the Planning Commission in order to set the matter for a hearing before the Planning Commission. 153.210 Administrative Procedures 153.210-5 CITY OF BALDWIN PARK—CHAPTER 153:ZONING CODE Administrative Procedures 153.210 TABLE is3.210.020 R Recommending Authority F Final Action.Authority Approving Authority A _ APPealA,,_ ... Approving Autlioxity; .::.Historic.:: :: . Design:;,,. ,;;Resources" '` Zoning Director . Planning Review Advisory,; ;:'City Admini- of Public" Corn- City Type of Permit or Action Committee 'Committee. Planner sfrator Works°' mission CounciFi) Design Review F A A Zoning Clearance F A A A Sign Permit F A A A Zoning Code Interpretation R F A A Administrative Adjustment F A A Reasonable F A A A Accommodation Variance R F A Conditional Use Permit R F A Historic Designation R F Historic Structure Work F A Permit Historic Structure F A Demolition Permit Wireless Facility F A A Encroachment Permit Specific Plan R F Zoning Code Text or R F Zoning Map Amendment General Plan Amendment R F Development Agreement R F Downtown Overlay R F A Planned Development R F A Overlay Development Plan Tree Pruning/Removal F A A Permit Notes: (1)Decisions of the City Council may not be appealed 153.210 Administrative Procedures 153.210-6 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Administrative Procedures 153.210 § 153.210.030 - Exemptions from Permit Requirements The following activities and uses of land or structures are exempt from the land use and development permit requirements of this chapter. However, activities and uses shall comply with all other relevant provisions of this chapter. A. Interior alterations. Interior alterations that do not increase the gross floor area within the structure,or change or expand the permitted use of the structure. B. Maintenance. Ordinary repairs and maintenance, if the work does not change the approved land use of the site, add to, enlarge or expand the area occupied by the floor area of the structure or significantly change the exterior structure and design of the original construction. C. Utilities. The erection, construction, alteration or maintenance by a public utility or public agency of underground or overhead utilities intended to service existing or nearby approved developments (e.g., water, gas, electric or telecommunication supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire- alarm boxes, police call boxes, traffic signals, hydrants and similar facilities and equipment),but not including new transmission lines and structures. § 153.210.040 - Additional Required Permits A land use that complies with the requirements of this chapter shall also comply with the permit requirements of other provisions of this code and any applicable permit requirements of other agencies before construction or use of the property is commenced. These may include building, grading or other construction permits; a business license;subdivision approval; or any other applicable county, regional, state or federal regulations. § 153.210.050 - Burden of Proof The burden of proof to establish the evidence in support of the required finding for any permit is the responsibility of the applicant. § 153.210.060- Precedence Each permit shall be evaluated on a case-specific basis. Therefore, granting of a prior permit does not create a precedent and may not provide justification for granting a new permit. § 153.210.070 - Concurrent Processing of Permits When a proposed project requires more than one permit application with more than one Approving Authority, all project permits shall be processed concurrently at the applicant's own risk as interrelated permits for a project and shall not be bifurcated. The highest designated Approving Authority for all requested permits shall take final action on all permits. 153.210 Administrative Procedures 153.210-7 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Administrative Procedures 153.210 § 153.210.080- Application Regulations A. Application forms.The Planning Division will provide all application forms. B. Application submittal. All applications for land use and development permits and actions shall be submitted to City Planner on a city application form, together with all fees, plans, maps, data, diagrams, photographs and any other required information to provide the Approving Authorities with adequate information on which to base decisions. C. Appeals to City Council. Notwithstanding subsection B above, appeals to the City Council shall be filed with the City Clerk. D. Authorized to complete application. The owner, lessee or authorized agent of the property, or a plaintiff in an action of eminent domain, shall complete the application. Any authorized agent shall be formally delegated in writing by the property owner. E. Application package. Applications will not be accepted by the Planning Division without the required signed application forms, permit fees and required application package. § 153.210.090 - General Application Processing Procedures These procedures are applicable to applications for all land use and development permits and actions. Unique processing procedures are provided with the individual permit regulations in Parts 2 through 16 of this subchapter. A. Application reviewed for completeness. All applications filed with the Planning Division shall be initially reviewed for application completeness. The City Planner shall determine whether or not the application is complete and shall notify the applicant in writing of the determination that: a) all the submittal requirements have been satisfied and that the application has been accepted as complete; or b) specific information is still necessary to complete the application. For administrative permits and actions, the applicant shall be notified within 7 days and for all other permits and actions, the applicant shall be notified within 30 days. B. California Environmental Quality Act. After acceptance of a complete application, the project shall be reviewed in accordance with the environmental review procedures of the California Environmental Quality Act(Public Resources Code§21000 et seq.). C. Review and comment. Application materials shall be circulated to other city departments and agencies for review and comment as determined necessary or appropriate by the City Planner. Planning Division staff shall be responsible for 153.210 Administrative Procedures 153.210-8 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Administrative Procedures 153.210 requesting and incorporating comments into project modifications or conditions of approval to ensure conformance with all provisions of this code and other adopted policies and plans. D. Written report. The Recommending or Approving Authority, as designated in Table 153.210.020, shall prepare a written report that includes recommendation on the approval, conditional approval or disapproval of the application, taking into account all supplemental application information, provisions of this chapter, other applicable provisions of this code,the General Plan and applicable State law. E. Written notice of decision. Within 10 days from the final action on an application, the Approving Authority shall send written notice of decision to the project applicant and other affected parties. The notice of decision shall identify the specific action of the Approving Authority, including the date of action, applicable conditions, basis for determination and appeal period if applicable. § 153.210.100 - Notice of Public Hearing Regulations Public hearings shall be required for all quasi-judicial permits and legislative actions. The hearing shall be held before the designated Approving Authority and shall be noticed in accordance with the following provisions: A. Public notice. The Approving Authority shall give a public notice not less than 10 days before the scheduled date of a hearing. B. Notice content.The notice shall state the date,time and place of the hearing;identify the hearing body;provide a general explanation of the matter to be considered; and provide a general description of the property (text or diagram), if any, which is the subject of the hearing. C. Notice distribution.Notice of the public hearing shall be mailed,postage prepaid,to the owners and tenants of property within a radius of 300 feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon current tax assessors records. If the number of owners and tenants to whom notices would be mailed or delivered is greater than 500, notice may be given by placing a display advertisement of at least one-eighth page in a newspaper of general circulation in the city in lieu of the above-required mailed or delivered notice. D. Notice mailing. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject property or the owner's authorized agent, and to each local agency 153.210 Administrative Procedures 153.210-9 CITY OF BALDWIN PARK—CHAPTER 153:ZONING CODE Administrative Procedures 153.210 expected to provide water, sewer systems, streets, roads, schools or other essential facilities or services to the proposed project. E. Mailing list. Any person who requests inclusion on a mailing list for notice of hearing for development projects shall submit such request in writing to the City Clerk. The city may impose a reasonable fee for the purpose of recovering the cost of such notification. F. Failure to receive notice. Pursuant to California Government Code §65093, failure of any person or entity to receive notice required by law of any hearing shall not constitute grounds for any court to invalidate the actions of a designated Approving Authority for which the notice was given. § 153.210.110— Public Hearing Regulations A. Public hearings held. Public hearings shall be held at the date, time and place that appear on the notice given for the hearing. The designated Approving Authority shall conduct the public hearing and hear testimony. B. Minutes. Summary minutes shall be prepared and made part of the permanent file of the case. C. Continuation. Any hearing may be continued, and further public notice shall not be required unless the hearing is not continued to a specific date and time. § 153.210.120— Permit Implementation and Time Limits A. Permit action effective.Generally, any action to approve, conditionally approve or deny a permit shall be effective on the twentieth calendar day after the date of action, immediately following expiration of the appeal period. B. Legislative action effective. Legislative actions of the City Council normally become effective 30 days from the date of final action and may not be appealed. Therefore, administrative and quasi-judicial permits that are processed in conjunction with, or that are contingent upon, a legislative action shall not be acted upon until the effective date of the required legislative action. C. Other approvals. The approval of a land use or development permit authorizes the applicant to proceed with the proposed project upon the effective date of the permit, subject to all conditions or restrictions imposed by the Approving Authority. However, all other permits, licenses, certificates and other grants of approval to which the proposed development project is subject must be secured before the development or use may commence. 153.210 Administrative Procedures 153.210-10 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Administrative Procedures 153.210 D. Permit expiration. Unless conditions of approval or other provisions of this chapter establish a different time limit, any permit or approval not exercised within 6 months from the date of final approval shall expire and become null and void and a new application shall be filed with all requisite fees. E. Transfer of permits and approvals. Land use and development permits and approvals shall be transferable upon a change of ownership of the site, business, service, use or structures, provided that the use and conditions of the original permit or approval are fully complied with, and further provided that the project is not modified, enlarged or expanded. § 153.210.130 - Permit Modification A. Permit modification or amendment. Any person holding a permit granted under this subchapter may request a modification or amendment to the permit if it is found that such modification is necessary to protect the public peace, health and safety. The modification of a permit may apply to the terms of the permit itself, project design or the waiver or alteration of conditions imposed when the permit was granted. B. Permit modification application. If the proposed modification fulfills any of the following criteria, the property owner shall submit a permit modification application for consideration and approval by the Zoning Administrator: 1. Criteria established in§153.210.290. 2. A maximum 10 percent change in the building floor area, not to exceed 2,000 square feet. 3. A maximum 2 percent decrease in landscaped area. 4. No changes in the lot area, parking layout or hours of operation. 5. A deletion of maximum one design element or substitution of one building material where such element or building material was not required by the Zoning Code or Design Review Committee. C. Permit modification public hearing. If the proposed modification exceeds any of the above mentioned criteria, a public hearing is required for action to modify the permit. The original Approving Authority for the subject permit shall hold the hearing. The hearing shall be noticed in the same manner required for the granting of the original permit. 153.210 Administrative Procedures 153.210-11 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Administrative Procedures 153.210 D. Findings. A permit modification may be granted only when the Approving Authority makes all findings required for the original approval in addition to the finding that changed circumstances sufficiently justify modification of the approval. E. Appeals. An action on a modification may be appealed in accordance with the provisions of§153.210.150. § 153.210.140 - Permit Revocation A. Permit revocation.A permit may be revoked upon a finding of any of the following: 1. The permit was obtained or extended by false, misleading or incomplete information. 2. The use or development for which such approval was granted has ceased to exist by voluntary abandonment. 3. One or more of the conditions upon which the permit was approved have been violated, or have not been complied with. 4. The use or development has violated another ordinance or law. 5. The use or development is being conducted in a manner detrimental to public health, safety, or welfare, or such use or development constitutes a nuisance in accordance with this Chapter. B. Revocation initiation. The revocation of a permit may be initiated by any of the city departments. The responsible department shall specify in writing to the permittee the basis upon which the action to revoke the permit is to be evaluated. C. Permit revocation public hearing.A public hearing is required for any action to revoke a permit.The original Approving Authority for the subject permit shall hold the hearing. The hearing shall be noticed in the same manner required for the granting of the original permit. At its discretion, the designated Approving Authority may revoke the permit, refuse to revoke the permit or modify or delete conditions of approval or add new conditions of approval in order to address the issues raised by the revocation hearing. D. Appeals. An action on a revocation may be appealed in accordance with the provisions of§153.210.150. 153.210 Administrative Procedures 153.210-12 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Administrative Procedures 153.210 § 153.210.150— Appeals A. Interpretation or action appeals. Any person dissatisfied with an interpretation or action of the Approving Authority may appeal such action to the Appeal Authority, as designated in Table 153.210.020. Actions made by the City Council are not subject to appeal.For actions not listed in the table, the Appeal Authority is as follows: 1. The Design Review committee's decision may be appealed to the Planning Commission. 2. The City Planner's decisions maybe appealed to the Zoning Administrator. 3. The Zoning Administrator's decisions may be appealed to the Planning Commission. 4. The Planning Commission's decisions may be appealed to the City Council. B. Appeal filing.Appeals shall be filed within 10 days following the date of determination or action for which an appeal is made and shall be accompanied by a filing and processing fee, as determined by resolution of the City Council. All appeals shall be in writing, identifying the action being appealed, specifically stating the basis or grounds of the appeal, and shall be submitted to the following entity: 1. Submit the appeal and required fee to the City Planner if the Zoning Administrator or Planning Commission is the Appeal Authority. 2. Submit the appeal and required fee to the City Clerk if the City Council is the Appeal Authority. C. Appeal hearings.Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings shall be conducted within 45 days from the date of the appeal application being complete. Notice of hearing for the appeal shall be provided pursuant to noticing requirements outlined in§ 153.210.100. D. Public hearing attendance. The person filing the appeal must be present at the public hearing. E. Appeal actions. Each appeal shall be considered de novo (new), and the Appeal Authority may reverse, modify or affirm the decision in whole or in part based on evidence presented at the hearing and applicable staff reports. In taking its action on an appeal, the Appeal Authority shall state the basis for its action. The Appeal Authority 153.210 Administrative Procedures 153.210-13 CITY OF BALDWIN PARK—CHAPTER 153:ZONING CODE Administrative Procedures 153.210 may modify, delete or add conditions, as it deems necessary.The Appeal Authority may also refer the matter back to the original Approving Authority for further action. F. Written notice of decision. Following the process, the Appeal Authority shall provide written notice of the decision to the person filing the appeal and other persons requesting the notice. PART 2 - Design Review § 153.210.160- Intent and Purpose The design review process is established to improve the general standards and orderly development of the city through review of the design, layout and other features of proposed developments and their environs prior to submission of plans to the Building Division for plan check. The Baldwin Park Design Guidelines Manual establishes standards and policies that will promote and enhance good design, site relationships and other aesthetic considerations in the city. The primary objective of the Design Guidelines is to provide for functional site planning, integrate architectural elements within a project and within streetscapes, protect privacy and ensure the provision of high-quality projects. § 153.210.170 - Applicability A. Design review clearance. Design review clearance must be obtained prior to the issuance of any permit for the construction of any building or structure. Design review is required for the following: 1. All new construction or exterior alteration of any existing building or structure in the R-G,R-3, C-1, C-2,F-C, I-C,I,OS,MU-1 and MU-2 zones. 2. All new construction or exterior alteration of any existing building or structure in the R-1-7,500 or R-1 zones which also requires a conditional use permit, administrative adjustment or a variance. 3. All new construction or exterior alteration of any existing building or structure in the R-1-7,500 or R-1 zones that involves 200 square feet or more of floor area or will extend the structure to a second floor. 4. All new construction of 5 or more single-family dwelling units as part of a subdivision map. 5. All new construction or exterior alteration of any existing sign which exceeds 40 feet in height or 300 square feet in sign area. 153.210 Administrative Procedures 153.210-14 CITY OF BALDWIN PARK-CHAFFER 153:ZONING CODE Administrative Procedures 153.210 6. All new construction or alteration of any wireless communication facility on private property, including city owned property not located within the public right-of-way. B. Design review required for discretionary permits. For any development project or action requiring the issuance of a discretionary permit pursuant to the requirements of this chapter, design review shall be conducted in conjunction with staff-level review of such permit. The recommendations of the Design Review Committee that is composed of the Director of Community Development, the City Engineer, a representative from the Police Department, a representative from the Fire Depattntent and the City Planner as the chairperson shall be forwarded to the Approving Authority for consideration with the associated development application. Following final Approving Authority action on the application and prior to the issuance of building permits for any approved application, the Design Review Committee shall reserve the authority to ensure final design plans substantially conform to the conditions imposed by the Approving Authority. § 153.210.180- Determination Design review clearance shall be granted, or conditionally granted or denied when the Design Review Committee finds the proposed use, development or structure to comply with all applicable provisions of the Design Guidelines are compatible with the design of adjacent land uses, and possess acceptable architectural design and aesthetic quality. § 153.210.190 - Record of Review The authorized signature of the Director of Community Development on a designated form, or a stamp approval on a set of plans, shall signify approval of design review. PART 3 - Zoning Clearance § 153.210.200 - Intent and Purpose The zoning clearance process is an administrative review undertaken by the City Planner that ensures that all proposed new and modified uses and structures that do not require any discretionary actions or approvals otherwise comply with applicable provisions of this chapter. § 153.210.210- Applicability An administrative zoning clearance is required for any structure or use that requires a building permit or business license. No building permit or business license shall be granted until zoning clearance approval has been issued. 153.210 Administrative Procedures 153.210-15 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Administrative Procedures 153.210 § 153.210.220- Determination Zoning clearance shall be granted only when the City Planner finds the proposed use or development to be in conformance with all applicable provisions of this chapter and other applicable city documents. The City Planner may modify plans in whole or in part, apply conditions of approval or require guarantees to ensure compliance with applicable provisions of this chapter. § 153.210.230- Record of Clearance The authorized signature of the City Planner on a designated form,or a stamp approval on a set of plans, shall signify approval of zoning clearance. PART 4 - Sign Permit § 153.210.240- Intent and Purpose The sign permit process is an administrative review undertaken by the City Planner that ensures all proposed new and modified signs comply with applicable provisions of this chapter. § 153.210.250- Applicability A sign permit is required prior to placing, erecting, constructing or physically altering the size, height or location of any permitted sign or advertising display in the city, except for those signs provided in§ 153.170.040. A sign permit is required prior to physically altering the sign face of any permitted sign or advertising display in the city, except for those signs provided in § 153.170.040. No building permit for any sign shall be issued and no sign placement or alterations shall be undertaken until a sign permit has been issued. § 153.210.260- Determination A sign permit shall be granted when the City Planner finds the proposed sign to be in conformance with all applicable provisions of this chapter, the Sign Design Guidelines and other applicable regulations. The City Planner may apply conditions of approval to ensure compliance. § 153.210.270 Record of Permit The authorized signature of the City Planner on a designated form shall signify approval of a sign permit. 153.210 Administrative Procedures 153.210-16 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Administrative Procedures 153.210 PART 5 - Temporary Use Permit § 153.210.280 - Reference The temporary use permit process is an administrative review undertaken by the City Manager that ensures that all specific, limited-term uses comply with applicable provisions of this code. Chapter 110 of this code outlines applicable activities, fees, exemptions,issuance and denial and application procedures for Temporary Use Permits. PART 6 - Zoning Code Interpretation § 153.210.320- Intent and Purpose The Zoning Code interpretation process establishes a means to clarify any ambiguity in the regulations of this chapter and to ensure consistent interpretation and application of this chapter.The Zoning Administrator has the authority to interpret the Zoning Code. § 153.210.330 - Determination A Zoning Code interpretation shall be determined after the Zoning Administrator reviews the pertinent facts and establishes the intent of the particular provision. Once the Zoning Administrator has identified the ambiguity and considered relevant information, an official interpretation shall be established in writing and shall cite the interpreted provisions, together with an explanation of the meaning or applicability of the provision in the particular or general circumstances that caused the need for interpretation. § 153.210.340- Record of Interpretation The written interpretation shall signify record of interpretation. The Zoning Administrator shall maintain all recorded interpretations and a copy shall be provided to applicable city departments within 30 days of the determination. PART 7- Administrative Adjustment § 153.210.350 - Intent and Purpose California Government Code § 65906 establishes the authority of the city to grant exception to the development standards and provisions of this chapter in cases where, because of special circumstances applicable to the property, the strict application of this code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use zoning districts. The administrative adjustment permits limited exceptions to certain development standards to be granted. 153.210 Administrative Procedures 153.210-17 CITY OF BALDWIN PARK—CHAPTER 153:ZONING CODE Administrative Procedures 153.210 § 153.210.360— Applicability An administrative adjustment application shall be filed by a property owner or authorized agent of the property owner whenever any one of the following deviations from the provisions of this Zoning Code is proposed: A. Condition of approval. Minor deviation from a condition of approval for an approved variance,conditional use permit or development agreement, as detailed in§ 153.210.130. B. Lot width.Reduction in lot width of 5 percent or less. C. Side or rear yard. Reduction in the dimensions of a side or rear yard of 20 percent or less. D. Sheet frontage.Reduction in street frontage of 5 percent or less. E. Distance between buildings.Reduction in the distance between buildings of 20 percent or less. F. Sign face area.Increase in sign face area for a monument, freestanding or wall sign of 10 percent or less. G. Fence or wall height.Adjustment in the height of a fence or wall of 20 percent or less. H. Sheet side yard fence height — residential zone. Increase in the height of a street side yard fence of 2 feet or less in a residential zone. I. Sheet side yard fence height — nonresidential zone. Increase in the height of a street side yard fence of 2 feet or less in a commercial or industrial zone. J. Parking spaces. Adjustment in,the number of required parking spaces of 10 percent or fewer. K. Other standards. A reduction in any other numeric development standard, excluding density,lot area or floor area,not exceeding 10 percent. § 153.210.370— Proceedings Applications for an administrative adjustment shall be processed in accordance with these regulations. 153.210 Administrative Procedures 153.210-18 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Administrative Procedures 153.210 A. Review authority. The Zoning Administrator shall consider the determinations detailed in § 153.210.380, and resolve to approve, conditionally approve or deny the adjustment. Such determination shall be supported by written findings. B. Public hearing. The Zoning Administrator may also forward the application to the Planning Commission in order to set the matter for a public hearing. The Planning Commission shall then conduct a public hearing, consider the determinations detailed in § 153.210.380, and resolve to approve, conditionally approve or deny the permit by not less than a majority of its voting members. Any action shall be supported by written findings. § 153.210.380 - Determination The Zoning Administrator, or Planning Commission upon referral,may approve and/or modify an administrative adjustment application in whole or in part, with or without conditions, if the applicant can demonstrate that the circumstances of the particular case can justify making the following findings: A. Zone. The requested adjustment will not interfere with the purpose and intent of the regulations for the zone in which the property is located. B. Adjacent property. The approval or conditional approval of the adjustment will not be injurious to adjacent property. C. General Plan. The approval or conditional approval of the adjustment will promote the general welfare and will not adversely affect the general plan of the city. D. Superior design. The plans for construction and/or development resulting from approval or conditional approval of the adjustment results in a superior design solution which enhances the visual quality,use and function of the site and surrounding area. E. Special circumstances. There are special circumstances which reduce parking demand associated with the operation of a use and therefore justify a deviation in the minimum required number of parking stalls. § 153.210.390 - Record of Permit The authorized signature of the Zoning Administrator, Planning Commission or the Appeal Authority if the permit was appealed, on a designated form, or a stamp approval on a set of plans, shall signify approval of an administrative adjustment. 153.210 Administrative Procedures 153.210-19 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Administrative Procedures 153.210 PART 8 - Variance § 153.210.400- Intent and Purpose California Government Code § 65906 establishes the authority of the city to grant exception to development standards and provisions of this chapter in cases where, because of special circumstances applicable to a particular property, the strict application of this code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use zoning districts. § 153.210.410 - Applicability A. Deviation from chapter. A variance application shall be filed whenever any deviation from the provisions of this chapter is proposed, except those minor deviations identified for an administrative adjustment in§153.210.360. B. Authorized application. Variances may not be approved for uses or activities not otherwise expressly authorized by this chapter. A variance may not substitute for a Zoning Code text/map amendment or a conditional use permit. § 153.210.420 - Proceedings Applications for a variance shall be processed in accordance with these regulations. A. City Planner recommendation. The City Planner shall review the application, consider pertinent facts and recommend the approval, approval with modifications or denial of the application for the variance to the Planning Commission. B. Planning Commission decision. The Planning Commission shall conduct a public hearing, consider the determinations detailed in § 153.210.430 and resolve to approve, conditionally approve or deny the permit by not less than a majority of a quorum. § 153.210.430 - Determination The Planning Commission may impose conditions and/or require guarantees for the variance to ensure compliance and to prevent adverse or detrimental impacts to the surrounding neighborhood. Variances shall be granted only when the Planning Commission determines that the proposed development or activity complies with all of the following findings: A. Special circumstances. There are special circumstances applicable to the property, including size, shape, topography, location or surroundings, that do not generally apply to other properties in the same district. 153.210 Administrative Procedures 153.210-20 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Administrative Procedures 153.210 B. Similar privileges. The strict application of this chapter deprives such property of privileges enjoyed by other properties in the vicinity and other identical zoning classification. C. Consistent privileges.The granting of the variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated. § 153.210.440- Record of Permit The authorized signature of the Planning Commission, or the Appeal Authority if the permit was appealed, on a designated form, or a stamp approval on a set of plans, shall signify approval,conditional approval or denial of a variance. PART 9 - Conditional Use Permit § 153.210.450- Intent and Purpose The city recognizes that certain uses, due to the nature of the use, intensity or size, require special review to determine if the use proposed, or the location of that use, is compatible with surrounding uses, or through the imposition of development and use conditions, can be made compatible with surrounding uses. The conditional use permit is provided for this purpose and to ensure compatibility with zoning regulations and surrounding properties. § 153.210.460 - Applicability Applications for conditional use permits may be submitted only for those uses specified as allowable conditional uses in the applicable zone district. A conditional use permit may not substitute for a Zoning Code text/map amendment. § 153.210.470 - Proceedings Applications for a conditional use permit shall be processed in accordance with these guidelines. A. City Planner recommendation. The City Planner shall review the application, consider pertinent facts and recommend the approval, approval with modifications or denial of the application for the conditional use permit to the Planning Commission. B. Planning Commission decision. The Planning Commission shall conduct a public hearing, consider the determinations detailed in § 153.210.480 and resolve to approve, conditionally approve or deny the permit by a majority of the quorum present. 153.210 Administrative Procedures 153.210-21 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Administrative Procedures 153.210 § 153.210.480 - Determination The Planning Commission may impose conditions and/or require guarantees for the conditional use permit to ensure compliance and to prevent adverse or detrimental impacts to the surrounding neighborhood. Conditional use permits shall be granted when the Planning Commission determines that the proposed use or activity complies with all of the following findings: A. Conditionally permitted.The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions of this chapter. B. Zone integrity and character. The use will not impair the integrity and character of the zone in which it is to be located. C. Site suitability. The subject site is physically suitable for the type of land use being proposed. D. Existing compatibility. The use is compatible with any land uses presently on the subject property. E. Future compatibility. The use will be compatible with existing and future land uses within the zone and the general area in which the proposed use is to be located. F. Utilities and services. Adequate provisions for water, sewer and public utilities and services are available to ensure that the use will not be detrimental to public health and safety. G. Public access.Adequate provisions for public access are available to serve the use. H. General Plan consistency.The use is consistent with the General Plan. I. Safety and welfare.The use will not be detrimental to the public interest, health, safety, convenience or welfare. § 153.210.490 - Limited Time Approval The Planning Commission may approve a condition specifying a term for which the conditional use permit is valid.The approval may be contingent upon the written acceptance and continued observance of specified conditions,including,but not limited to, any of the following: A. Substantial conformity.Substantial conformity to approved plans and drawings. 153.210 Administrative Procedures 153.210-22 CITY OF BALDWIN PARK—CHAPTER 153:ZONING CODE Administrative Procedures 153.210 B. Sheets and public facilities.Dedication of and improvement of streets and other public facilities. C. Landscaping,fences,and walls.Special landscaping, fences or walls. D. Signage.Limitations on signs. E. Hours. Limitations as to the time of day during which specified activities may be conducted. § 153.210.495 — Expiration for Non-use In the event that the use authorized by an approved conditional use permit ceases operation for a period of 12 consecutive months, that conditional use permit shall become null and void, and any proposal to reinitiate the use following the end of the 12-month period shall require a new conditional use permit. However, prior to the expiration of the 12-month period, the permittee may file with the Planning Division a request for an extension of up to six months for continuance of the conditional use permit. If granted, one additional six-month extension period may be requested, but in not event shall the overall period for allowing for continuance of a dormant conditional use permit exceed 24 months. The City Planner shall be responsible for determining the date upon which the approved use ceased operations. § 153.210.500 — Record of Permit A. Record.The authorized signature of the Planning Commission, or the Appeal Authority if the permit was appealed, on a designated form, or a stamp approval on a set of plans, shall signify approval, conditional approval or denial of a conditional use permit. B. Investigation. Upon reasonable notice, the city may conduct an investigation to ensure that the permittee is maintaining the use as permitted for and has not converted or modified the use. PART 10 —Historic Designation § 153.210.510 — Intent and Purpose The historic designation process is established to recognize, protect and ensure proper utilization of the historic resources in the city. § 153.210.520 — Applicability Applications for historic designation may be submitted by a property owner or authorized agent of the property owner. The City Council may also initiate proceedings to designate a building, structure or place as historic,with or without the consent of the owner,by resolution. 153.210 Administrative Procedures 153.210-23 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Administrative Procedures 153.210 § 153.210.530 — Proceedings Applications for historic designation shall be processed in accordance with these guidelines. A. Historic Resources Advisory Committee recommendation. The Historic Resources Advisory Committee shall convene to review an application, consider the determinations detailed in § 153.210.540, and draft a recommendation to approve or deny the application for the historic designation. B. City Council decision. The City Council shall conduct a public hearing to consider the Historic Resources Advisory Committee's recommendation, and grant, grant with modifications or deny the designation by resolution. § 153.210.540 — Determination Historic designation shall be granted to a proposed building, structure or place when the City Council finds one or more of the following conditions to exist,based on the recommendation of the Historic Resources Advisory Committee: A. Historical representation. The building or structure is particularly representative of a distinct historical period,type, style,region or way of life. B. Connection to important personality. The building or structure was connected with someone renowned,important or who was a local personality. C. Connection to rare business. The building or structure is connected with a business or use which was once common but is now rare. D. Master work. The building or structure represents the work of a master builder, engineer, designer, artist or architect. E. Historic event. The building or structure is the site of an important historic event or is associated with events that have made a meaningful contribution to the nation, state or city. F. Particular architectural style. The building or structure exemplifies a particular architectural style. G. Best remaining. The building or structure exemplifies the best remaining architectural type of a neighborhood. 153.210 Administrative Procedures 153.210-24 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Administrative Procedures 153.210 H. Outstanding design. The construction materials or engineering methods used in the building or structure embody elements of outstanding architectural or engineering design, detail, material or craftsman-ship. § 153.210.550 - Record of Designation The authorized signature of the City Council on a designated form shall signify approval, conditional approval or denial of the designation. PART 11 - Historic Structure Work Permit § 153.210.560- Intent and Purpose The historic structure work permit process is a review that ensures that all work proposed to be done to a historic building, structure or place will not be detrimental to the character or value of the building, structure or place. § 153.210.570- Proceedings Applications for work permits shall be processed in accordance with these guidelines. A. Director of Community Development approval or reference. After the Director of Community Development has received the completed application, the Director shall review the request and conduct a field investigation of the site. If the Director determines that the proposed work will affect only the interior of the building or structure, or will not have more than a minor effect upon the exterior appearance, the Director shall approve the work permit.The Director shall refer all other applications for work permits to the Historic Resource Advisory Committee for determination. B. Historic Resource Advisory Committee action. The Historic Resource Advisory Committee shall conduct a public hearing on all referred work permit applications to consider the Director's recommendation, and shall act to grant, grant subject to conditions or deny the permit.The action shall be by resolution. § 153.210.580 - Record of Permit The authorized signature of the Director of Community Development, the Historic Resources Advisory Committee or the Appeal Authority if the permit was appealed, shall signify approval, conditional approval or denial of the work permit. 153.210 Administrative Procedures 153.210-25 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Administrative Procedures 153.210 PART 12 -Historic Structure Demolition Permit § 153.210.590- Intent and Purpose The historic structure demolition permit process is a review that ensures that any historic building or structure is preserved to the extent possible prior to unsafe conditions, financial hardships or other conditions require demolition. § 153.210.600 - Proceedings Applications for historic structure demolition permits shall be processed in accordance with these guidelines. A. Application. The owner of the historic building or structure shall submit a demolition permit application to the Historic Resources Advisory Committee 180 days prior to the planned demolition. No application to the city for a demolition permit will be accepted during the 180-day period. B. Preservation tasks permitted. Following the receipt of such notice, during the 180-day period, the Historic Resources Advisory Committee may perform any of the following tasks as it determines are necessary to preserve the building or structure: 1. Seek local trusts and other financial sources which may be willing to purchase and restore the historic building. 2. Publicize the availability of the historic building for purchase for restoration purposes. 3. Investigate possible sites for relocation of the historic building. 4. Recommend to the City Council that the city purchase the historic building where it does not appear that private preservation is feasible. C. Historic Resources Advisory Committee action. Upon completion of any or all of the tasks specified in subsection B above, the Historic Resources Advisory Committee shall conduct a public hearing on the proposed demolitions to consider an action to grant, grant subject to conditions or deny the permit.The action shall be by resolution. D. Waiver of notice. The Historic Resources Advisory Committee may waive the requirement of a written notice 180 days prior to demolition, if the demolition involves any of the following: 153.210 Administrative Procedures 153.210-26 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Administrative Procedures 153.210 1. An emergency repair or removal of an unsafe condition of the historic building. 2. A relocation of the historic building to a site approved by the Committee. 3. Relief of extreme financial hardship to the owner of the historic building. § 153.210.610 - Record of Permit A. Record. The authorized signature of the Director of Community Development, the Historic Resources Advisory Committee or the Appeal Authority if the permit was appealed, shall signify approval, conditional approval or denial of the demolition permit. B. Local Official Register. When a historic building has been demolished, the Secretary of the Historic Resources Advisory Committee, upon notice thereof, shall delete the historic building from the Local Official Register. PART 13 -Wireless Bless Faclhty Encroachment Permit § 153.210.620 - Intent and Purpose To address the growing proliferation of wireless telecommunication facilities being erected throughout the City, the wireless facility encroachment permit is established to ensure that such facilities will not detract from the overall quality and appearance of the city's commercial and industrial neighborhoods, and will not adversely affect the health, safety and welfare of residents. § 153.210.630 - Proceedings Applications for a wireless facility encroachment permit shall be processed in accordance with these guidelines. A. Written notice. The Director of Public Works shall be responsible for providing written notice of the application to all property owners within a 300-foot radius of the proposed facility at least 15 days prior to issuing the permit. B. Review. The Director shall then review the application, considering all comments provided by the public and pertinent facts. § 153.210.640- Determination The Director of Public Works may impose conditions and/or require guarantees for the wireless facility encroachment permit to ensure compliance and to prevent adverse or detrimental 153.210 Administrative Procedures 153.210-27 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Administrative Procedures 153.210 impacts to the surrounding neighborhood. Wireless facility encroachment permits shall be granted when the Director determines that the proposed use or activity complies with all of the following findings: A. Safety and welfare. The facility will not be detrimental to the public interest, health, safety, convenience or welfare. B. Aesthetic impacts.The facility will not significantly result in adverse aesthetic impacts. C. Development standards and permit requirements. The facility complies with all development standards and permit requirements outlined in subchapter 153.180, Antennas and Other Telecommunications Facilities. § 153.210.650— Record of Permit The authorized signature of the Director of Public Works, or the Appeal Authority if the permit was appealed, on a designated form, or a stamp approval on a set of plans, shall signify approval, conditional approval or denial of a wireless facility encroachment permit. PART 14 — Specific Plan § 153.210.660— Intent and Purpose The city recognizes that certain properties in the City may benefit from focused planning efforts wherein infrastructure, land use relationships, land use intensities, public service needs and resource protection goals can be carefully examined and planned in a comprehensive manner. The specific plan provides a mechanism to carry out such planning efforts. The following regulations establish uniform procedures and guidelines for specific plans prepared pursuant to Title 7,Division 1, Chapter 3,Article 8 of the California Government Code. § 153.210.670 — Specific Plan Initiation A. The City Council may identify those portions of the city where a specific plan is appropriate by adopting a resolution of intention for a specific plan designation. At the discretion of the City Council, specific plans may be initiated and prepared by the city or by a property owner or owners of any parcels subject to requirements of this chapter. B. For any specific plan application submitted by a property owner or owners, or a designated representative, a pre-application meeting with the Director of Community Development shall be required prior to the faunal submission of the specific plan application. The purpose of this meeting is to review with the applicant the city's requirements for specific plan content, applicable policies, infrastructure needs and other information as determined by the Director of Community Development. 153.210 Administrative Procedures 153.210-28 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Administrative Procedures 153.210 C. In addition to a formal application completed pursuant to the requirements of this Chapter, the applicant shall submit a draft specific plan containing text and diagrams containing all information specified in Government Code §§ 65452 and 65452, as well as other information, standards and requirements specified by the city. § 153.210.680- Proceedings Applications for a specific plan shall be processed in accordance with these guidelines. A. The Planning Commission shall review the application, consider pertinent facts, and provide a recommendation to the City Council on the specific plan application, which shall be in the form of an adopted resolution for approval, approval with modifications or denial of the application. B. If the City Council proposes any substantial modification to the specific plan not previously considered by the Planning Commission, the Council shall refer the matter back to the Planning Commission for consideration. No public hearing shall be required. Failure of the Commission to act within 45 days of receiving the Council's request shall provide the Council with the authority to act without the recommendation. § 153.210.690 - Determination The City Council shall make the following findings to approve a specific plan and any amendment thereto: A. The specific plan is consistent with and provides for the orderly, systematic and specific implementation of the General Plan. B. The land use and development regulations within the specific plan are comparable in breadth and depth to regulations contained in this chapter. C. The specific plan will not adversely affect the public health and safety or result in incompatible land uses. D. The specific plan provides the framework to phase and pace growth within the specific plan area so as to ensure completion of all necessary public facilities concurrently with completion of development entailed in the specific plan. E. The specific plan identifies adequate financing mechanisms for the infrastructure and public facilities required to support the development. 153.210 Administrative Procedures 153.210-29 CITY OF BALDWIN PARK-CHAFFER 153:ZONING CODE Administrative Procedures 153.210 § 153.210.700- Record of Plan The final action on the specific plan by the City Council shall be adoption of the plan documents by ordinance or resolution. The rezoning of the subject property to a specific plan district shall be adopted by ordinance of the City Council. § 153.210.710- Specific Plan Amendments Any specific plan may be amended by the same procedure as the specific plan is adopted. The city may initiate amendments to any portion of a specific plan. The following changes to a specific plan shall require a specific plan amendment: A. Changes to the text or maps other than the addition of information that does not change the effect of any regulation. B. Changes in any specific plan boundary. C. Changes in the specified density for any area. D. Changes in standards or regulations,including landscaping and design standards. PART 15 - Zoning Code Text and Zoning Map Amendments § 153.210.720 - Intent and Purpose California Government Code § 65853 allows amendments to any provisions of this chapter, including the adoption of new regulations or deletion of existing regulations, and for changes to the zoning designation on any parcel within the city. § 153.210.730 - Amendment Initiation Amendments to the provisions of this chapter may be initiated in any one of the following manners: A. Upon resolution of the City Council B. Upon resolution of the Planning Commission C. Upon application by a property owner, by a property owner's authorized agent or by any public utility who has exercised.eminent domain 153.210 Administrative Procedures 153.210-30 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Administrative Procedures 153.210 § 153.210.740 - Proceedings Applications for a Zoning Code text or map amendment shall be processed in accordance with these regulations. A. A public hearing before the Planning Commission shall be noticed and conducted pursuant to the requirements of this chapter. B. At the public hearing, the Planning Commission shall review the application and proposal and receive evidence as to how or why the proposed Zoning Code amendment is consistent with the objectives of this chapter, the General Plan and development policies of the city. C. The Planning Commission shall act by resolution to recommend to the City Council approval, approval with modifications or denial of the proposed application. A majority vote of the quorum present is required to recommend approval or approval with modifications. D. The Planning Commission's resolution shall include its recommendation and shall be transmitted to the City Clerk for scheduling the matter for consideration by the City Council. E. Upon receipt of the Planning Commission resolution for denial of a zoning map amendment(change of zone), the City Clerk shall place the Commission's resolution on the City Council agenda as a receive-and-file item. The Planning Commission's decision shall be considered final and no further action by the City Council will be required unless an appeal is filed,or unless the City Council chooses to set the matter for hearing. F. Upon receipt of the Planning Commission resolution for approval of a zoning map amendment (change of zone), zoning code text amendment or denial of a Zoning Code text amendment, the City Clerk shall set the matter for hearing before the City Council. G. At the hearing, the City Council shall review the Planning Commission's recommendation and receive evidence as to how or why the proposed amendment is consistent with the objectives of this chapter, the General Plan and development policies of the city. H. The City Council shall act to approve or deny the application. I. If the City Council proposes any substantial modification to the application not previously considered by the Planning Commission, the City Council shall refer the matter back to the Planning Commission for consideration. No public hearing shall be 153.210 Administrative Procedures 153.210-31 CITY OF BALDWIN PARK-CHAFFER 153:ZONING CODE Administrative Procedures 153.210 required. Failure of the Planning Commission to act within 45 days of receiving City Council's request shall provide the City Council with authority to act without Planning Commission's recommendation. § 153.210.750 - Determination In acting to approve an amendment to the Zoning Code, the City Council shall make the following findings about the proposed Zoning Code amendment: A. The amendment is consistent with the goals,policies and objectives of the General Plan. B. The amendment will not adversely affect surrounding properties. C. The amendment promotes public health,safety and general welfare. D. The amendment serves the goals and purposes of the Zoning Code. § 153.210.760- Record of Amendment The adoption of the Zoning Code text or map amendment shall constitute final action, approval and record of the amendment. PART 16 - General Plan Text and Map Amendments § 153.210.770 -Intent and Purpose California Government Code § 65358 allows for amendments and modifications to the city's General Plan. Amendments are considered appropriate in response to changes in city policies, economic conditions and other factors affecting Baldwin Park. § 153.210.780 - Amendment Initiation A. A General Plan amendment may be initiated in any one of the following manners: 1. Upon resolution of the City Council. 2. Upon resolution of the Planning Commission. 3. Upon application by a property owner of any parcel subject to the General Plan, by a property owner's authorized agent, or by any public utility which has exercised eminent domain with regard to such property. 153.210 Administrative Procedures 153.210-32 1 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Administrative Procedures 153.210 B. In the case of a proposed amendment to the General Plan land use policy map, if the property owner for which the amendment is proposed is in more than one ownership, all owners or their authorized agents shall be required to sign the application. C. Pursuant to Government Code § 65358, no mandatory element of the General Plan may be amended more frequently than four times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the General Plan. § 153.210.790— Proceedings Applications for a General Plan amendment shall be processed in accordance with these regulations. A. A public hearing before the Planning Commission shall be noticed and conducted. B. At the public hearing, the Planning Commission shall review the application and proposal and receive evidence as to how or why the proposed General Plan amendment is consistent with the objectives of this chapter, the balance of the General Plan, and development policies of the city. C. The Planning Commission shall act by resolution to recommend to the City Council approval, approval with modifications or denial of the proposed application. A majority vote of the entire Planning Commission is required to recommend approval or approval with modifications. D. The Commission's resolution shall include its recommendation and such shall be transmitted to the City Clerk for scheduling the matter for consideration by the City Council. E. Upon receipt of a Planning Commission resolution, the City Clerk shall set the matter for hearing before the City Council. F. At the hearing, the City Council shall review the Planning Commission's recommendation and receive evidence as to how or why the proposed General Plan amendment is consistent with the objectives of this chapter, the balance of the General Plan, and development policies of the city. G. The City Council shall act to approve or deny the application. A majority vote of the entire City Council is required to amend the General Plan. The Council's action to amend the General Plan shall be by formal resolution. 153.210 Administrative Procedures 153.210-33 CITY OF BALDWIN PARK—CHAPTER 153:ZONING CODE Administrative Procedures 153.210 H. If the City Council proposes any substantial modification to the application not previously considered by the Planning Commission, the City Council shall refer the matter back to the Planning Commission for consideration. No public hearing shall be required. Failure of the Planning Commission to act within 45 days of receiving City Council's request shall provide the City Council with authority to act without Planning Commission's recommendation. § 153.210.800 - Determination In acting to approve an amendment to the General Plan, the City Council shall make the following findings about the proposed General Plan amendment: A. The amendment is consistent with all other goals, policies and objectives of the General Plan. B. The amendment will not adversely affect surrounding properties. C. The amendment promotes public health,safety and general welfare. D. The amendment serves the goals and purposes of the Zoning Code. § 153.210.810 - Record of Amendment The adoption of the General Plan text and/or map amendment shall constitute final action, approval and record of the amendment. PART 17-Development Agreement § 153.210.820 - Intent and Purpose Development agreements are authorized by Government Code § 65864 as a means of providing both the city and property owners with assurances that development projects can be completed under the terms, conditions and regulations in effect at the time that authority is granted to proceed with a project. § 153.210.830 - Development Agreement Application In accordance with Government Code§ 65865, any person having a legal or equitable interest in real property for the development of such property, or any authorized agent thereof, may apply to the city for a development agreement. 153.210 Administrative Procedures 153.210-34 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Administrative Procedures 153.210 § 153.210.840 - Contents of Agreement A. All draft and final development agreements shall, at a minimum, contain the following information: 1. The duration of the agreement. 2. The permitted uses of the property. 3. The density and intensity of permitted use. 4. The maximum height and size of proposed buildings. 5. Provisions for reservation or dedication of lands for public purposes. B. The development agreement may also contain the following information: 1. Conditions, terms, restrictions and requirements for subsequent discretionary actions, provided such conditions, terms, provisions and requirements do not prevent development of land for the purposes and level of use set forth in the agreement. 2. Requirements that construction be commenced within a specified time period, and that the project or any phase thereof be completed within a specified time frame. § 153.210.850- Proceedings A. The Planning Commission shall make a recommendation to the City Council on a development agreement application for approval, approval with modifications or denial of the application. The recommendation shall be in the form of a resolution. B. Upon receipt of a Planning Commission resolution, the City Clerk shall set the matter for hearing before the City Council. C. At the hearing, the City Council shall review the Planning Commission's recommendation and receive evidence as to how or why the proposed development agreement is consistent with the objectives of this chapter, the General Plan, and development policies of the city. D. The City Council shall act to approve or deny the development agreement. A majority vote of the entire City Council is required to approve the development agreement. 153.210 Administrative Procedures 153.210-35 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Administrative Procedures 153.210 E. Development agreements shall be adopted by ordinance of the City Council, which constitutes final action and approval of the agreement. After the effective date of the ordinance approving the development agreement and recording of the agreement pursuant§153.210.870, the city may enter into the agreement. § 153.210.860 - Determination In acting to grant a development agreement, the City Council shall make the following findings about the proposed development agreement: A. 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. B. 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. C. 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. D. The development agreement is consistent with the provisions of California Government Code§§65864-65869.5. § 153.210.870- Recordation and Filing Agreement Within 10 days after the effective date of a development agreement, the City Clerk shall have the development agreement recorded with the Los Angeles County Recorder. Additionally, the City Clerk shall be the official custodian of the agreement file. The file shall include an executed copy of the agreement and the originals of all exhibits, reports of periodic review, amendments and/or cancellations to the agreement. § 153.210.880 - Amendment or Cancellation Either the city or other parties to a development agreement may propose an amendment to or cancellation in whole or in part of an agreement previously entered into. The procedure to amend a development agreement is the same as the original adoption. However, for instances in which the city initiates the proposed amendment or cancellation, the city shall give notice to the parties to the agreement of the city's intention to initiate such proceedings. § 153.210.890- Periodic Review The city shall review the development agreement at least once every 12 months from the date the agreement is entered into. The City Planner shall initiate review proceedings and notice the 153.210 Administrative Procedures 153.210-36 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Administrative Procedures 153.210 property owner at least 10 days prior to determination by the City Planner. The City Planner shall determine on the basis of substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the agreement. If so, the review shall be concluded. However, if the city finds that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the City Council may hold a public hearing to modify or terminate the agreement. PART 18 - Downtown Overlay § 153.210.900 - Intent and Purpose The Downtown Overlay (DO) is established to facilitate the consideration of development projects,uses, and activities within the areas subject to the Downtown Overlay. § 153.210.910- Applicability The DO applies to all land within the boundaries of the DO as shown on the zoning map. § 153.210.920 - Proceedings 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 Downtown Overlay area, the property owner or his or her representative shall file an application for and receive approval from the Director of Community Development. The Director of Community Development 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 this chapter. B. Notwithstanding any application, filing and review procedures established by this chapter 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 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. 153.210 Administrative Procedures 153.210-37 CITY OF BALD WIN PARK-CHAFFER 153:ZONING CODE Administrative Procedures 153.210 C. The fee for filing an application in the Downtown Overlay area shall be the same as the fee for filing an application for a conditional use permit. 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. § 153.210.930 - Determination The Director of Community Development may refer the review and approval to the Planning Commission, at his/her sole discretion. Downtown Overlay clearance shall be granted, conditionally granted or denied based on the guidelines and provision applicable to design review and conditional use permits established in parts 2 and 9 of subchapter 153.210. § 153.210.940 - Record of Overlay The authorized signature of the Planning Commission, or the Appeal Authority if the decision was appealed, on a designated form, or a stamp approval on a set of plans, shall signify approval, conditional approval or denial of a Downtown Overlay. PART 19 - Development Plan (Planned Development Overlay) § 153.210.950- Intent and Purpose The development plan process is established to provide a permitting and conditioning mechanism for projects proposed to be established within a Planned Development Overlay zone. The purpose of the permit is to ensure that a Planned Development Plan application conforms with the requirements of subchapter 153.100 and provides for high-quality residential development consistent with the city's General Plan. § 153.210.960 - Proceedings A. No building permit shall be issued for the construction, reconstruction or relocation of any building or structure, nor shall any use of land be commenced or permitted on any lot within the city which is zoned or proposed to be zoned with a Planned Development Overlay zone, unless a development Plan has been approved. Where such a development plan has been approved, notwithstanding any other provisions of this chapter to the contrary, the conditions of approval imposed upon such plan, and the provisions of this part, depending upon the underlying zoning classification, shall be observed in development of the property to which such plan applies, to the exclusion of any contrary regulations applicable to such property. B. All buildings or structures proposed to be located on any property within a Planned Development Overlay zone shall be subject to the provisions of part 2 of subchapter 153.210,Design Review. 153.210 Administrative Procedures 153.210-38 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Administrative Procedures 153.210 § 153.210.970 - Required Findings for Approval No development plan shall be approved by the Planning Commission unless the Commission finds that the proposed planned development conforms with all applicable provisions of this chapter, the Planned Development Design Guidelines and other applicable regulations, and is compatible with adjacent land uses. The Planning Commission may apply conditions of approval to ensure compliance. § 153.210.980- Record of Plan The authorized signature of the Planning Commission, or the Appeal Authority if the decision was appealed, on a designated form, or a stamp approval on a set of plans, shall signify approval, conditional approval or denial of a development plan. PART 20 -Reasonable Accommodation § 153.210.990 - Intent and Purpose The reasonable accommodation process establishes a formal procedure for individuals with disabilities seeking equal access to housing to request a reasonable accommodation to zoning regulations, as provided by the Federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act, and to establish criteria to be used when considering these requests. The purpose of the reasonable accommodation 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. § 153.210.1000 - Applicability A. A request for reasonable accommodation may be made by any person with a disability, or a representative, when the application of a zoning, land use or building regulation, policy or practice acts as a barrier to equal housing opportunities. B. If a reasonable accommodation request is approved, the request shall be granted to an individual and shall not run with the land unless the City Planner determines that: 1. The modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with applicable codes;or 2. The accommodation is to be used by another disabled person. 153.210 - Administrative Procedures 153.210-39 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Administrative Procedures 153.210 1 § 153.210.1010 -Proceedings A. The Community Development Department shall prominently display at City Hall a notice advising those with disabilities or their representatives that they may submit a request for reasonable accommodation. A request for reasonable accommodation in laws, rules, policies, practices and/or procedures may be filed on an application form provided by the Community Development Department at any time that the accommodation may be necessary to ensure equal access to housing. B. A request for reasonable accommodation shall state the basis of the request including, but not limited to, a modification or exception to the regulations, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a disabled person equal opportunity to housing of his or her choice. C. The City Planner may request additional information necessary for making a determination on the request for reasonable accommodation that complies with the fair housing law protections and the privacy rights of the disabled person to use the specified housing. If additional information is requested, the review period for the reasonable accommodation stops until additional information is provided. § 153.210.1020 - Findings The written decision of the City Planner to grant or deny a request for reasonable accommodation will be consistent with the Federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act. The following findings must be analyzed, made, and adopted before any action is taken to approve or deny a request for reasonable accommodation: A. The housing that is subject to the request will be used by an individual with a disability, as defined under Federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act. B. The request for reasonable accommodation is necessary to make specific housing available to an individual with a disability. C. The requested reasonable accommodation would not impose an undue financial or administrative burden on the city. D. The requested reasonable accommodation would not require a fundamental alteration in the nature of a city program or law,including,but not limited to,land use and zoning. 153.210 Administrative Procedures 153.21040 1 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Administrative Procedures 153.210 E. There are no other alternative reasonable accommodations that may provide an equivalent level of benefit at a similar cost while providing greater consistency with the city's laws and regulations. § 153.210.1030 - Determination A. The City Planner, or Building Official, as appropriate, shall have the authority to consider and act on requests for reasonable accommodation. The City Planner shall issue a written determination within 30 days of receipt of a completed application that either grants, grants with modifications or denies a request for reasonable accommodation. In granting a request for reasonable accommodation, the City Planner or Building Official may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings listed in§153.210.1020. B. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application. § 153.210.1040 - Record of Reasonable Accommodation The authorized signature of the City Planner, Planning Commission or the Appeal Authority if the request was appealed, on a designated form, or a stamp approval on a set of plans, shall signify approval of a reasonable accommodation request. 153.210 Administrative Procedures 153.210-41 SUBCHAPTER 153.220 - DEFINITIONS Section Contents: §153.220.010 Purpose and Applicability §153.220.020 A Definitions §153.220.030 B Definitions §153.220.040 C Definitions §153.220.050 D Definitions §153.220.060 E Definitions §153.220.070 F Definitions §153.220.080 G Definitions §153.220.090 H Definitions §153.220.100 I Definitions §153.220.110 J Definitions §153.220.120 K Definitions §153.220.130 L Definitions §153.220.140 M Definitions §153.220.150 N Definitions §153.220.160 0 Definitions §153.220.170 P Definitions §153.220.180 Q Definitions §153.220.190 R Definitions §153.220.200 S Definitions §153.220.210 T Definitions §153.220.220 U Definitions §153.220.230 V Definitions §153.220.240 W Definitions §153.220.250 X Definitions §153.220.260 Y Definitions §153.220.270 Z Definitions § 153.220.010 - Intent and Purpose Definitions of the technical and special terms and phrases that are used in this chapter are provided here in an effort to ensure precision in interpretation of the Zoning Code. Where any definition in this chapter may conflict with definitions in other chapters of this code, these definitions shall prevail for the purposes of this chapter. If a word is not defined here, or in other provisions of this code, the most common dictionary definition is presumed to be correct. 153.220 Definitions 153.220-1 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 §153.220.020 - A Definitions ABANDON.To cease to use, operate or occupy. ABATEMENT. The act or process of putting an end to the use of a structure, sign or business that fails to comply with the provisions of the Zoning Code. ABUT/ABUTTING LAND. A parcel of land that has a common boundary with another parcel of land, including parcels which share a common corner. ACUPRESSURE/ACUPUNCTURE ESTABLISHMENT. An establishment that provides acupuncture and/or acupressure services. Acupuncture is the practice of inserting needles into the body to reduce pain or induce anesthesia. Acupressure is a form of touch therapy that utilizes the principles of acupuncture and Chinese medicine; the same points on the body are used in acupressure as in acupuncture, but are stimulated with finger pressure instead of with the insertion of needles. ACCESS. The place, means or way,by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a lot,from a public street, private street or alley. ACCESSORY STRUCTURE. A structure that is subordinate and incidental to the main building or structure that is located on the same lot. ACCESSORY USE. The use of a portion of a lot or building that is incidental, related or subordinate to the principal use of the land or building, and is located on the same lot with such principal use or building. ADDITION. Any construction that is attached to an existing building or facility and which increases the size or capacity of a building or facility in terms of site coverage, building height, length,width or gross floor area. ADJACENT.Two or more objects that are located in close proximity to each other. ADULT DAY CARE FACILITIY. A facility that provides supervision and non-medical care to more than 6 adults,including elderly persons, on a less than 24-hour basis. ADULT DAY CARE HOME. A home that provides supervision and non-medical care to 6 or fewer adults, including elderly persons,in the provider's home on a less than 24-hour basis. ADULT-ORIENTED BUSINESSES. Adult-oriented business and any related or associated activities shall be defined as set forth in subchapter 124.010 of this code. 153.220 Definitions 153.220-2 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 ALCOHOL SALES, OFF-SALE OUTLET. Any commercial retail establishment, business or facility that holds a license from the State Department of Alcoholic Beverage Control that authorizes the sale of beer, wine or distilled spirits for consumption off premises where sold. References to the establishment shall include any immediately adjacent area that is owned, leased, or rented, or controlled by the licensee. ALCOHOL SALES, ON-SALE OUTLET. Any commercial retail establishment, business or facility at which alcoholic beverages are sold, served, or given away for consumption on the premises and which is applying for or has obtained a license from the State Department of Alcoholic Beverage Control that authorizes the sale of beer, wine or distilled spirits for the consumption on the premises where sold. References to the establishment shall include any immediately adjacent area that is owned,leased,or rented,or controlled by the licensee. ALLEY. A public or private right-of-way, other than a street, which is designated as an alley by the city,that provides a permanently reserved but secondary means of access to adjoining lots. ALTERATIONS. An exterior or interior change or variation of the structural or architectural feature or visual characteristic of a building or structure. ALTERNATIVE TRANSPORTATION. The use of modes of transportation other than the single passenger motor vehicle (e.g., a motor vehicle operated by one passenger and transporting the same), including,but not limited to,carpools,vanpools,buspools,public transit and bicycling. AMENDMENT. A change in the working, context or substance of the Zoning Code or General Plan or a change in the boundaries or classification on the Zoning Map or Land Use Map. AMORITIZATION. A method of eliminating nonconforming uses and structures by requiring the termination of the use or demolition of the structure after a specified period of time. ANTIQUE SHOPS. A commercial business that sells only bona fide antiques or collectable items. The Community Development Director shall determine the suitability of materials for sale. APARTMENT. One or more rooms, with kitchen facilities, comprising as independent, self- contained dwelling unit located within a multiple dwelling structure. EFFICIENCY APARTMENT. An efficiency apartment, also known as a studio apartment or bachelor/bachelorette style apartment, is a self-contained, small apartment, which combines living room,bedroom and kitchenette into a single room. 153.220 Definitions 153.220-3 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 APPLICANT. Any person or persons who submits and application for a use or development project. APPROVING AUTHORITY. The designated planning agency responsible for the review and action on land use and development permits and approvals. ARCADE. A location where 4 or more mechanical or electronic amusement games, including computer terminals, where such machines may be played or utilized, are located for use by business patrons, even if the games are provided in conjunction with or as an accessory to another business. Also includes internet cafes, defined as an establishment that provides more than three computers and/or other electronic devices, for access to that system commonly referred to as the "internet," e-mail, playing video games over the Internet or other network system, and/or access to other computer software programs, to the public for compensation and/or for public access. Internet cafe is also synonymous with PC cafe, cyber cafe, internet gaming center,computer/internet rental and cyber centers. ARCHITECTURAL FEATURE. An architectural element of the design of a building or structure embodying the style, general arrangement and components on the outer surface thereof, including, but not limited to, the kind, color or texture of building materials and the type and style of windows, doors, lights, signs and other fixtures appurtenant to the building or structure. ART/PHOTOGRAPHY STORE, STUDIO OR GALLERY. Small-scale facilities for the demonstration of art. Examples include: art and/or photography galleries and production studios for individual painters, sculptors, photographers, and other artists. These uses may also include accessory retail sales of products related to the services provided. ASSESSED VALUE. The then assessed value of the land, building or structure, as is shown on the current equalized assessment role in effect as of the time of the making of the determination of such assessed value. ASSESSOR. The Tax Assessor of the county. ASTROLOGY AND FORTUNETELLING ESTABLISHMENT. The business or art of astrology, phrenology, life reading, fortune-telling, clairvoyance, clairaudience, crystal gazing, hypnotism, mediumship,mesmerism, oriental mysteries,palmistry, spirit photography, spirit writing, spirit voices, spirit materialization, etherealization, numerology, augury, divination or other similar or related art or business. AUTOMOBILE DISMANTLING YARD. Any lot used for the purpose of dismantling of motor vehicles and/or trailers for sale or storage of such parts,vehicles and/or trailers. 153.220 Definitions 153.220-4 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 AUTOMOTIVE SALES AND SERVICES. AUTOMOTIVE DETAILING. A car wash establishment where operating functions are performed entirely by an operator/owner with the use of washing, waxing, vacuuming and drying equipment supplemented with manual detailing by the operator/owner of the establishment. AUTOMOTIVE REPAIR AND INSTALLATION. The repair of automobiles, trucks, motorcycles, mobile homes, recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. These uses include auto repair shops, body and fender shops, but exclude vehicle dismantling or salvage and tire retreading or recapping. AUTOMOTIVE SALES, RENTAL AND LEASING, NEW. The sale, leasing, or rental of new automobiles, trucks, tractors, construction or agricultural equipment, mobile homes, and similar equipment,including storage and incidental maintenance and repair. AUTOMOTIVE SALES,RENTAL AND LEASING,USED.The sale, leasing, or rental of used automobiles, trucks, tractors, construction or agricultural equipment, mobile homes, and similar equipment,including storage and incidental maintenance and repair. AUTOMOTIVE PARTS SUPPLY STORE. The sale of vehicle equipment and parts. These uses include brake shops, oil change shops, auto glass sales, stereo and alarm sales, and tire sales,but exclude vehicle dismantling, salvage,tire retreading or recapping. AUTOMOTIVE WASH. An establishment where washing, drying, polishing, or vacuuming of an automobile is done by the car driver or occupant. § 153.220.030 - B Definitions BANK/FINANCIAL INSTITUTION. A full-service state or federally chartered bank, savings association, credit union or industrial loan company, but does not include any business whose primary function is check cashing, money wiring or the operation of freestanding automated teller machines/kiosks. BAR. Any facility licensed by the State of California which restricts entry to persons of legal alcoholic beverage drinking age and at which the sale of alcoholic beverages is provided for consumption on premises. Also referred to as tavern. BASEMENT. That portion of a building which is totally or partly below the level of the furnished grade of the lot upon which it is located. 153.220 Definitions 153.220-5 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 BEDROOM. Any habitable room other than a bathroom, kitchen, dining room, living room, family room or den. BILLIARD HALL. Any place of business where any of several games are played on a table by driving small balls against one another or into pockets with a cue. BOARDINGHOUSE. A dwelling unit where non-transient 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 31 consecutive days. Notwithstanding the foregoing, the following shall not be deemed a boardinghouse when the dwelling unit is used to serve 6 or fewer persons and the occupant or owner of the dwelling unit has all licenses required by law for such service: 1. An intermediate care facility/developmentally disabled habilitative or an intermediate care facility/developmentally disabled-nursing, as defined in California Health&Safety Code§1250. 2. A residential facility as defined in California Health&Safety Code§1502. 3. A residential care facility as defined in California Health&Safety Code§ 1568.01. 4. A residential care facility for the elderly as defined in California Health & Safety Code§1569.2. 5. An alcoholism or drug abuse recovery or treatment facility as defined in California Health&Safety Code§11834.11. 6. Or any other use which state law states may not be deemed to be a boardinghouse. BOAT SALES. Establishments engaged in renting or selling any type of watercraft that is used or capable of being used as a means of transportation on water. Includes storage and incidental maintenance. BREEZEWAY. A structure with two sides open which connects the main building with an accessory building. BUILDING.Any structure having a roof supported by columns or by walls and intended for the shelter,housing or enclosure of persons or property of any kind. MAIN BUILDING.The building on a lot that contains the primary permitted use of the lot. BUILDING FACADE. That portion of any exterior elevation of a building which extends from grade to the top of the parapet wall or eaves and includes the entire width of the building elevation. Calculation of the area of building facade includes all window and doorway openings. 153.220 Definitions 153.220-6 CITY OF BALDWIN PARK-CHAFFER 153:ZONING CODE Definitions 153.220 BUILDING FRONTAGE. That face of a building that is parallel to, or is at a near parallel angle to a public street or public parking area. BUILDING SETBACK LINE. A line within a lot, as determined under the standards of the Zoning Code, that delineates the area between this line and the street centerline within which no building or portions thereof can be located. BUSINESS SUPPORT SERVICES. An establishment within a building, providing other businesses with various services including maintenance, repair and service, testing, rental, etc.; also includes: • blueprinting • computer services • publishing • film processing and photofinishing • equipment rental businesses within buildings • heavy equipment repair services where repair occurs on the client site • janitorial and window-cleaning services • mail-box services • outdoor advertising services § 153.220.040- C Definitions CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). A statute that requires all jurisdictions in the state to evaluate the extent of environmental degradation posed by proposed development. CANOPY. A structural, ornamental, roof-like appendage, freestanding or attached to a building. CARPOOL. A vehicle carrying 2 to 6 persons commuting together to and from work on a regular basis. CARPORT. A permanently roofed structure with no more than 2 enclosed sides that is used for automobile storage and shelter. CATERING ESTABLISHMENT. Preparation and delivery of food and beverages for off-site consumption without provision for on-site pickup or consumption. CENTERLINE. The centerline of any street, highway or alley, the location of which shall be determined by the City Engineer. 153.220 Definitions 153.220-7 CITY OF BALDWIN PARK—CHAPTER 153:ZONING CODE Definitions 153.220 CHECK CASHING. A person or entity that for compensation engages, in whole or in part, in the business of cashing checks, warrants, drafts money orders or other commercial paper serving the same purpose. Check cashing does not include a retail seller(i) engaged primarily in the business of selling consumer goods, including consumables to retail buyers, and (ii) that also cashes checks or issues money orders for a minimum flat fee not exceeding $2.00 as a service to its customers that is incidental to its main purpose of business. CHILD DAY CARE HOME. A home that regularly provides care, protection and supervision for 14 or fewer children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a small or large family day care home as follows: SMALL FAMILY DAY CARE HOME. A home which provides family day care (for periods less than 24 hours a day) to 8 or fewer children(under the age of 18)in the provider's home, including children under the age of 10 years who reside at the home (see California Health and Safety Code§1596.781b]). LARGE FAMILY DAY CARE HOME. A home which provides family day care (for periods less than 24 hours a day) to 7 to 14 children (under the age of 18) in the provider's home, including children under the age of ten years who reside at the home (see California Health and Safety Code§1596.78.c). CHILD DAY CARE FACILITY. A facility which provides non-medical, care, protection and supervision, to more than 14 children under 18 years of age, on a less than 24-hour basis. CHURCH. Any property used for regular religious worship and related activities, maintained and controlled by a religious body organized to support public worship. CITY COUNCIL. The City Council of the City of Baldwin Park. CLEAR CROSS-VISIBILITY AREA. An area of � w Corner clear cross-visibility area at an intersection i Lot unobstructed by structures or landscaping. Clear l� cross-visibility areas are generally in the shape of a triangle and are located at any corner formed 15fte, by the intersection of two streets. ® — — Mfl 4 a 15 ft gel z t Clear Visibility Triangle -- --- 153.220 Definitions 153.220-8 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 CLUB. A building or premises used by a private or public, incorporated or unincorporated, group of persons organized for the purposes of promoting literature, science, politics, good fellowship,or other common cause,excluding services customarily carried on as a business. COMMUNITY CARE FACILITY. Any facility, place or building which is maintained and operated to provide non-medical residential care, day treatment, adult day care, foster care or agency services to children and/or adults including,but not limited to, physically handicapped, mentally handicapped, substance abusers,battered persons and abused or neglected people. COMMERCIAL CENTER. A group of architecturally unified commercial establishments built on a site that is planned, developed, owned and managed as an operating unit. COMMERCIAL ENTERTAINMENT. Establishments providing participant or spectator recreation or entertainment, either indoors or outdoors, for a fee or admission charge. Does not include "Adult-Oriented Businesses" or "Bars." Illustrative examples of commercial recreation and entertainment uses include motion picture theaters, performing arts centers, and dance halls. COMMERCIAL RETAIL ESTABLISHMENT, MINOR. Any commercial retail establishment, business or facility which encompasses a gross floor area less than 10,000 square feet. COMMERCIAL UNIT. A portion of a building that is physically separated from other units and/or common interior hallways within the same building by solid fire rated walls extending from the floor to the ceiling, and where each unit possesses one or more of the following features: independent utilities, heating and air conditioning controlled within the unit itself, lockable doors and direct access from the outside or from a common interior hallway. All individual units are to comply with all applicable building and fire codes including, but not limited to, wall construction, common hallway/aisle widths, emergency access requirements, heating,plumbing and electrical requirements. CONDITIONAL USE. A use permitted on a particular lot and within a zone only upon a finding that such use in a specified location will comply with all the conditions and standards for the location or operation of such use as specified in the Zoning Code and authorized by the City Council. CONDITIONAL USE PERMIT. An approval that is required for a use to be carried out in a particular zone that is not a use permitted by right. CONDOMINIUM. The interior airspace of 2 or more dwelling units that are individually owned and where the balance of the property is owned in common by the owners of the units. 153.220 Definitions 153.220-9 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 CONGREGATE LIVING HEALTH FACILIITY. A facility that provides inpatient care including medical supervision,24-hour skilled nursing and supportive care, pharmacy,dietary, social and recreational activity. CONVENIENCE STORE.See "Retail Food and Beverage Sales." § 153.220.050 - D Definitions DANCE STUDIO. Any facility in which classes are offered and held on a regular basis that teach the techniques of any dance, aerobic routine, martial art or other similar activity for compensation. Such use may include facilities for the occasional recital performance of such classes for persons enrolled in the class. DAY CARE FACILITY. See "Child Day Care Facility" and"Adult Day Care Facility." DEMOLITION PERMIT. A permit issued to allow the demolition of a historic building or any building or structure located in a historic district. DENSITY. The total number of permanent residential dwelling units per acre of land, exclusive of all existing public right-of-way surfaces or similar property. DESIGN GUIDELINES.The Baldwin Park Designs Guidelines Manual. DESIGN REVIEW COMMITTEE. The Design Review Committee of the City of Baldwin Park. DEVELOPER. The builder who is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing the provisions of this chapter as determined by the property owner. DEVELOPMENT. A manmade change to a piece of property that involves the construction, reconstruction, alteration or removal of a building or structure, including mining, dredging, filling,grading,paving, excavation or drilling operations. DEVELOPMENT STANDARDS. Regulations establishing parameters on size,bulk and siting of buildings or uses within a particular zoning district. DIRECTOR. The Director of the Community Development Department of the City of Baldwin Park. DISABILITY. As defined under the Federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act, a physical or mental impairment that limits one 153.220 Definitions 153.220-10 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 or more major life activities. An individual with a disability is anyone who is regarded as having that type of impairment, or anyone who has a record of that type of impairment. The disability discrimination provisions of the Fair Housing Act do not extend to persons who claim to be disabled solely on the basis of having been adjudicated a juvenile delinquent, having a criminal record or being a sex offender. Furthermore, the Fair Housing Act does not protect persons who currently use illegal drugs, persons who have been convicted of the manufacture or sale of illegal drugs, or persons with or without disabilities who present a direct threat to the persons or property of others. DOUBLE-LOADED. A type of site planning that is identifiable by showing residential planned development units along both sides of a public street. DRIVE-THROUGH ESTABLISHMENTS. Establishments that provide services accessible to persons who remain in their motor vehicles. DRIVEWAY. A private roadway or access way providing vehicular access to a parking space, parking lot, garage or other parking area. DROUGHT-TOLERANT PLANT MATERIAL. Those plants that tolerate heavy clay to sandy soil with the use of limited supplemental water. Such plants are able to thrive with deep, infrequent watering once their root systems are established (3 to 12 month average time period). Plants include those that naturally grow in areas of limited natural water supply and that are adaptable to weather and soil conditions prevalent in the city. DRUG STORE/PHARMACY. A retail shop that provides a full range of pharmacy services and sells health and beauty products and general merchandise. DWELLING UNIT. Any building or portion thereof designed for living and sleeping purposes that contains independent cooking and sanitation facilities. DUPLEX DWELLING UNIT. A building containing two dwelling units designed for the independent occupancy of 2 households. MULTIPLE-FAMILY DWELLING UNIT. A building or portion thereof containing 3 or more dwelling units designed for the independent occupancy of 3 or more households. PRIMARY DWELLING UNIT. An existing single-family residential structure on a single lot with provisions for living, sleeping, eating, a single kitchen for cooking, and sanitation facilities occupied. 153.220 Definitions 153.220-11 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 SINGLE-FAMILY DWELLING UNIT. A detached building containing no more than 1 dwelling unit which, regardless of form of ownership, is designed and/or uses to house not more than 1 household, including all domestic employees for such household. SECOND DWELLING UNIT. An attached or detached dwelling unit which provides complete, independent living facilities for 1 or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as an existing dwelling unit is situated. § 153.220.060- E Definitions EASEMENT. A portion of a lot that is reserved of used for utility rights-of-way, access or any public or private use, as indicated on a subdivision map, deed restriction or other recorded document. EAVE. The protecting lower edges of a roof overhanging the wall of a building. EDUCATIONAL INSTITUTION. A public or private school, college, university or other such institution that provides academic instruction. EMERGENCY SHELTER. Housing with minimal supportive services for homeless persons. Occupancy is limited to a maximum of 6 months. No individual or household may be denied emergency shelter because of an inability to pay. ENGINEER.The City Engineer of the city. EQUIPMENT SALES, RENTAL OR REPAIR. Establishment that sells, rents and/or repairs small-scale equipment such as sewing machines, vacuums and other small-scale home appliance and/or electric equipment. EQUIPMENT SALES, RENTAL OR REPAIR — LARGE EQUIPMENT. Establishment that sells, rents and/or repairs large-scale equipment including large home appliances such as washing machines, ovens and refrigerators, and/or office equipment repair and maintenance such as copy machines. Does not include maintenance and repair of vehicles (see "Automotive Sales and Services." ESTABLISHMENT. A business. 153.220 Definitions 153.220-12 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 § 153.220.070- F Definitions 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 §§ 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. FENCE. An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land. FLAG. A piece of fabric or canvas, usually rectangular or triangular in shape, displaying colors, graphics, symbols and/or written copy that are noncommercial in nature, designed to be flown from a flag pole. This definition does not include pennants, which contain commercial messages. FLOOR AREA. The total horizontal floor area of all the floors of a building included within the surrounding walls, exclusive of vents, shafts, courts, elevators, stairways, porches, patios, terraces and similar facilities. FLOOR AREA RATIO (FAR). A ratio derived by dividing the total net floor area of all structures built and maintained on a lot, including the main building and accessory buildings, by the lot area. FOOD AND BEVERAGE SALES. The retail sale of food and beverages for off-sire preparation or consumption. CONVENIENCE STORE. A high-volume retail facility that sells a variety of products for consumption off-premises, including, but not limited to, food and beverages, snacks, alcoholic beverages,household goods,magazines and accessory automobile supplies. GROCERY STORE. A self-service food, beverage and associated consumer goods store divided into departments and also offering prepared foods and food service. May include secondary uses within the store for visitor convenience, such as banking services, retail sales of non-food items and a pharmacy. LIQUOR STORE.A retail establishment primarily engaged in the sale of beer,wine, and spirits, and regulated by the Department of Alcoholic Beverage Control. See also "Alcohol Sales,Off-Sale Outlet." 153.220 Definitions 153.220-13 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 SPECIALTY STORE. Includes establishments such as delis, coffee shops, bakeries, and produce stores. FOOD PROCESSING PLANT. Establishment engaged in the manufacturing or processing of food or beverages for wholesale distribution. FREESTANDING AUTOMATED TELLER MACHINE/KISOK. A machine not on the premises of a financial institution, either manned or unmanned, that engages in receiving deposits and dispensing cash money from walk-up individuals. This definition does not include an unmanned automated teller machine that is located wholly within the confines of a retail seller engaged primarily in the business of selling consumer goods and/or perishables. FREEWAY LOT FRONTAGE. A property line abutting a freeway right-of-way or separated from a freeway only by a frontage road. § 153.220.080 - G Definitions GAME MACHINES. Any mechanical, electric or electronic device which, upon insertion of a coin, slug, token or similar object, operates as a game, contest or amusement through the exercise of chance or skill. GARAGE. Any building, with three enclosed sides, provided with a closeable access door or doors, designed for use as an automobile shelter or storage. GENERAL PLAN. The General Plan of the City of Baldwin Park, adopted pursuant to California Government Code§§65301 et.seq., and adopted by the City Council. GLARE. Any brightness within the field of vision of such a character as to cause annoyance, discomfort,interference with vision or loss in visual performance and visibility. GOVERNMENT CODE.The California Government Code. GRADE. The average level of the finished ground levels at the different midpoints of the exterior walls of a building. GRADIENT. The rate of vertical change of ground surface expressed as a percentage figure and determined by dividing the vertical distance by the horizontal distance. GROUP HOME.Any residential care facility licensed by the State of California occupied by 6 or fewer persons. 153.220 Definitions 153.220-14 ■ CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 GUEST. Any transient person who occupies a room for sleeping purposes. GUESTHOUSE. Living quarters, having no kitchen or cooking facilities, located within an accessory structure, available for use solely by members of the family who occupy the one- family dwelling on the lot or temporary guests or persons permanently employed on the premises, as domestic help. § 153.220.090- H Definitions HEALTH OFFICER. The Health Officer of the city or his or her authorized representative. HELISTOP. An area of land, water or structure used for the takeoff and landing of a helicopter, engaged in the dropping off or picking up of passengers, which is owned or controlled by the owner or occupant of the premises. Helistops are limited to tie-down for accommodation of a single helicopter and a helistop shall not include facilities for fuel service, maintenance or overhaul and shall not accommodate helicopters used for common carriers. Also known as heliport. HISTORIC BUILDING. Any building or structure which has special historic, cultural, architectural or community value and which has been designated as a historic building. HISTORIC OVERLAY DISTRICT. A specific geographic area which contains a number of buildings or structures which have a special historical, cultural, architectural, community or aesthetic value, and which has been designated as a historic district. HOME IMPROVEMENT STORE. An establishment that sells a broad range of home repair and maintenance goods like hardware, tools and electrical goods, as well as lumber and structural material for construction and renovations. May also include establishments that focus on a specific area, such as flooring or wall coverings. HOME OCCUPATION. Any commercial activity conducted entirely within a particular dwelling unit by the inhabitants of such dwelling unit. Home occupations are incidental uses that do not change the character of the dwelling unit nor adversely affect permitted uses in the surrounding area. HOSPITALS AND MEDICAL SERVICES. GENERAL HOSPITAL FACILITY. An institution staffed and equipped to provide the various types of intensified hospital care, including,but not limited to, short term care in 153.220 Definitions 153.220-15 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 acute medical, surgical and obstetrical services. Does not include walk-in clinics (see "Urgent Care Facility.") MEDICAL/DENTAL OFFICE. A use where medical and/or dental services are provided. Includes facilities for the diagnosis and treatment of human patients and laboratories incidental to the office use. AMBULANCE SERVICES. A privately-owned facility for the dispatch, storage and minor maintenance of emergency medical care vehicles. HOTEL. Any building or portion of any building with access provided through a common entrance, lobby or hallway and which contains guestrooms that have no cooking facilities. Hotels are designed and intended to be used as temporary overnight accommodations for transients. § 153.220.100- I Definitions IMPROVEMENT. Any construction, building, paving or landscaping activity which materially adds to the value of a facility, substantially extends its useful life or adapts it to new uses. Repairs performed for the purpose of maintaining a facility in good operating condition but which do not materially add to the value of a facility or substantially extend its useful life are not considered improvements. INTERNET CAFE. See "Arcade." IRRIGATION SYSTEM. A complete connection of system components, including the water distribution network, any necessary irrigation equipment and those portions of the system located downstream from the backflow prevention device. § 153.220.110 -J Definitions Reserved. § 153.220.120 - K Definitions KENNEL. A public or private facility where dogs, cats and other domesticated animals are kept, boarded or trained,with or without payment of a fee,by the owners of such animals. KITCHEN. Any room or space within a building designated and intended to be used for cooking and/or preparation of food. 153.220 Definitions 153.220-16 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 § 153.220.130- L Definitions LANDSCAPING. Areas devoted to, or developed and maintained predominantly with, native or exotic plant materials including lawn, ground cover, trees, shrubs and other plant material. Landscaping may also include small amounts of accessory decorative outdoor landscape elements such as pools, fountains and paved or decorative surfaces, all of which are suitably designed, selected, installed and maintained to enhance a site. "Applied Water" means the portion of water supplied by the irrigation system to the landscape. "Automatic Irrigation Controller" means an automatic timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data. "Backflow Prevention Device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. "Certified Irrigation Designer" means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization or other program such as the United States Environmental Protection Agency's WaterSense irrigation designer certification program and Irrigation Association's Certified Irrigation Designer program. "Certified Landscape Irrigation Auditor" means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the United States Environmental Protection Agency's WaterSense irrigation auditor certification program and Irrigation Association's Certified Landscape Irrigation Auditor program. "Check Valve" or "Anti-Drain Valve" means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off. "Common Interest Developments" means community apartment projects, condominium projects,planned developments and stock cooperatives. "Drip Irrigation" means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems 153.220 Definitions 153.220-17 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 are specifically designed to apply small volumes of water slowly at or near the root zone of plants. "Ecological Restoration Project" means a project where the site is intentionally altered to establish a defined,indigenous,historic ecosystem. "Emitter" means a drip irrigation emission device that delivers water slowly from the system to the soil. "Estimated Total Water Use" (ETWU) means the total water used per year per hydrozone,or sum of hydrozones,for the landscape. "ET Adjustment Factor" (ETAF) means a factor of 0.7, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. A combined plant mix with a site-wide average of 0.5 is the basis of the plant factor portion of this calculation. For purposes of the ETAF, the average irrigation efficiency is 0.71. Therefore, the ETAF is (0.7)=(0.5/0.71). ETAF for a Special Landscape Area shall not exceed 1.0.ETAF for existing non-rehabilitated landscapes is 0.8. "Evapotranspiration Rate" means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. "Hardscapes"means any durable material (pervious and non-pervious). "Hydrozone" means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non-irrigated. "Infiltration Rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g.,inches per hour). "Invasive Plant Species"means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. "Noxious weeds" means any weed designated by the Weed Control Regulations in the Weed Control Act and identified on a Regional District noxious weed control list. Lists of invasive plants are maintained at the California Invasive Plant Inventory and United States Department of Agriculture invasive and noxious weeds database. "Irrigation Audit" means an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution 153.220 Definitions 153.220-18 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 uniformity or emission uniformity, reporting overspray or runoff that causes overland flow and preparation of an irrigation schedule. "Irrigation Efficiency" (IE) means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices.The minimum average irrigation efficiency for purposes of this chapter is 0.71. Greater irrigation efficiency can be expected from well designed and maintained systems. "Landscape Architect" means a person who holds a license to practice landscape architecture in California Business and Professions Code§5615. "Landscape Area" means all the planting areas, turf areas and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non- pervious hardscapes and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation). "Landscape Documentation Package" means the package of documents required to be submitted to the city pursuant to§153.160.080. "Lateral Line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. "Low Volume Irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. "Main Line" means the pressurized pipeline that delivers water from the water source to the valve or outlet. "Maximum Applied Water Allowance" (MAWA) means the upper limit of annual applied water for the established landscaped area. It is based upon the area's reference evapotranspiration, the ET Adjustment Factor and the size of the landscape area. The Estimated Total Water Use shall not exceed the MAWA. Special Landscape Areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ET Adjustment Factor not to exceed 1.0. 153.220 Definitions 153.220-19 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 "Microclimate" means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density or proximity to reflective surfaces. "Mulch" means any organic material such as leaves, bark, straw, compost or inorganic mineral materials such as rocks, gravel and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature and preventing soil erosion. "Operating Pressure" means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate. "Overhead Sprinkler Irrigation Systems" means systems that deliver water through the air(e.g., spray heads and rotors). "Overspray"means the irrigation water which is delivered beyond the target area. "Pervious" means any surface or material that allows the passage of water through the material and into the underlying soil. "Plant Factor" or "Plant Water Use Factor" is a factor, when multiplied by ETo, estimates the amount of water needed by plants.For purposes of subchapter 153.160,the plant factor range for low water use plants is 0 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors are derived from the Deparhuent of Water Resources 2000 publication, "Water Use Classification of Landscape Species". "Precipitation Rate"means the rate of application of water measured in inches per hour. "Project Applicant" means the individual or entity submitting a Landscape Documentation Package, to request a permit, plan check or design review from the city. A project applicant may be the property owner or his or her designee. "Rain Sensor" or "Rain Sensing Shutoff Device" means a component which automatically suspends an irrigation event when it rains. "Recycled Water" or "Reclaimed Water" means treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption. "Reference Evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in 153.220 Definitions 153.220-20 CITY OF BALDWIN PARK-CHAFFER 153:ZONING CODE Definitions 153.220 inches per day, month or year, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowance so that regional differences in climate can be accommodated. "Rehabilitated Landscape" means any re-landscaping project that requires a permit, plan check or design review, and the modified landscape area is equal to or greater than 2,500 square feet, is 50 percent of the total landscape area and the modifications are completed within one year. "Runoff" means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate(application rate exceeds infiltration rate) or when there is a slope. "Special Landscape Area" (SLA) means an area of the landscape dedicated solely to edible plants, areas irrigated with recycled water, water features using recycled water and areas dedicated to active play such as parks, sports fields, golf courses and where turf provides a playing surface. "Sprinkler Head"means a device which delivers water through a nozzle. "Static Water Pressure" means the pipeline or municipal water supply pressure when water is not flowing. "Station" means an area served by one valve or by a set of valves that operate simultaneously. "Swing Joint" means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage. "Turf" means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue and Tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass and Buffalo grass are warm-season grasses. "Valve" means a device used to control the flow of water in the irrigation system. "Water Feature" means a design element where open water performs an aesthetic or recreational function.Water features include ponds,lakes,waterfalls,fountains, artificial streams, spas and swimming pools (where water is artificially supplied). The surface 153.220 Definitions 153.220-21 CITY OF BALDWIN PARK—CHAPTER 153:ZONING CODE Definitions 153.220 area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation. "Watering Window" means the time of day irrigation is allowed. "WUCOLS" means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension, the Department of Water Resources and the Bureau of Reclamation,2000. LAUNDROMAT. An establishment providing washing and drying machines on the premises for rental uses to the general public for the laundering of clothes. LAUNDRY FACILITY, COMMERCIAL. Centralized contract laundries that launder fabrics from other businesses(such as uniforms, restaurant table cloths, bed linens, etc.) Also includes carpet and LOT WIDTH upholstery cleaning. I LIQUOR STORE. See "Food and Beverage Sales" and ,'4 I I "Alcohol Sales, Off-Sale Outlet." I REAR YARD " I 1 LOADING SPACE. An off-street space or berth on the I '' ,. $/n same lot as the building it serves that is used for the SETSID BA CK I _ temporary parking of a commercial vehicle while 4 - ntr E c, loading or unloading merchandise,materials or people. 1 °� xsTRUCTURE s#' < 1° I ' w1 0 LODGE. See "Club." � 9, _ H I I LOT. A parcel that is separately owned or has been I I legally divided from a piece of real property according 1 I to the requirements of state law and this code as shown o';m FRONT YARD I of the recorded plat in the office of the County of Los LL N_L__,___ I I. Angeles. 9 side Walk and Parkway =3 STREET CORNER LOT.A lot or parcel of land abutting upon -2 o the intersection of 2 or more streets. FLAG LOT. A lot with access to a street by means of a private driveway, access easement or parcel of land with a minimum width of 15 feet. 153.220 Definitions 153.220-22 CITY OF BALDWIN PARK—CHAPTER 153:ZONING CODE Definitions 153.220 INTERIOR LOT. A lot bounded on one side by a <-'°'"°"';`A LOTONES T �`' 9OCKSOUNORRY street or easement that has E ° " ""`t' CORNER INTERIOR N1 ! been determined is LOT I LOT W I adequate for access. INTERIOR 'F 0?p, i LO�� LOT 's T REVERSED CORNER LOT. 8' INTHUOR INTBUOR A corner lot with a side lot c °6snc; line that is substantially a NTBabR, LOT ,.lr continuation of the front lot line of the key lot that abuts �m ,f FLAO CORNER LOT ? LOT 'LOT. .. LOT �. the reversed corner lot. COMER LOT I INTBOR THROUGH LOT. An LOT interior lot having frontage STREET on two approximately parallel streets. LOT AREA. The total extent of the surface of a parcel of land within its lot lines as measured on a horizontal plane. LOT COVERAGE. The percentage of the total lot area covered by enclosed structures and/or carports, but excluding uncovered steps, driveways, walks, covered patios, terraces and swimming pools. LOT DEPTH. The average distance between the front and rear lot lines. LOT FRONTAGE. The length of the defined front lot line measured at the street right-of-way line. LOT LINE. Any line bounding a lot. FRONT LOT LINE. A line separating an interior lot from a street, or a line separating the narrower street frontage of a corner lot from the street, or in the case of a reverse corner lot, either street side property line may be considered the front lot line. REAR LOT LINE. A lot line which is opposite and most distant from the front lot line. For a triangular or irregular shaped lot, the rear lot line means a line 10 feet in length within the lot which is parallel to the front lot line, or parallel to the chord of a curved front lot line, and at the maximum distance from the front lot line. SIDE LOT LINE. Any lot line other than the front or rear lot line. 153.220 Definitions 153.220-23 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 LOT WIDTH. The horizontal distance between the side lot lines measured at right angles to the lot depth line at a distance midway between the front and rear lot lines. Y �,. \ ,.: MIDPOINT 1--/1—\--- i t, \ / °1 e est/' I I _/_LOT WIDTH' I n ( I i =, 1 1 J ',� 1 CI G 2y j --+. -i r" I t I ti. `-•-k-°°d 1 1,MIDPOINT I TRIANGULAR LOT TRAPEZOIDAL j t I It POINT OF MEASUREMENT f t FOR / - W}QTH_ _ MINIMUM PERMISSIBLE I t LOT WIDTH FOR THE ,+ I t REQUIRED ZONE ! I 1 /. I j V F ! j It $ 1/3 WIDTH I X j "U °j OR 40' / i 1 RECTANGULAR GORE-SHAPED LOT 153.220 Definitions 153.220-24 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 § 153.220.140- M Definitions MANUFACTURED HOUSING.Both mobile homes and factory-built housing. MANUFACTURING. A use engaged in the manufacture, predominantly form previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products and incidental processing of extracted or raw materials. MASSAGE ESTABLISHMENT/SERVICES. An establishment where massage services are provided. Massages are defined as the application of a system of structured touch, pressure, movement, and holding to the soft tissues of the human body with the intent to enhance or restore the health and well-being of the client. MATURE TREE. Any tree located in the front yard,front yard setback area, rear yard, rear yard setback area, side yard or side yard setback area and (1) is greater than 18 inches in diameter when measured 54 inches from the ground or is greater than 40 feet in height, or (2) is a tree of historic value due to the tree's (or stand of trees') age or prominence as a local identifying feature. MEDICAL MARIJUANA DISPENSARY. A facility where marijuana is made available for medical purposes in accordance with Health and Safety Code§ 11362.5, and any establishments from which marijuana is delivered to patients who cannot obtain it from a dispensary due to physical or mental disability, for medical purposes in compliance with Health and Safety Code § 11362.5. MEDICAL USE. Any use involving the care of persons' general health by licensed practitioners. Includes hospitals, urgent care clinics, out-patient facilities, doctor and dental offices, chiropractic and podiatric facilities, and similar practices of the medical arts and directly related laboratory services. MOBILE HOME. A transportable structure that is built on a permanent chassis and designed to function as a dwelling when connected to the required utilities,including plumbing,heating, air conditioning and electrical systems (pursuant to California Health and Safety Code §§ 18007 and 18008). Consistent with the California Health and Safety Code definitions, a mobile home is included in the definition of manufactured home. MOBILE HOME PARK. Any area or tract of land where 2 or more lots are rented or leased,held out (or were formerly held out) for rent or lease to accommodate manufactured homes or mobile homes used for human habitation (pursuant to California Health and Safety Code 153.220 Definitions 153.220-25 CITY OF BALDWIN PARK-CHAFFER 153:ZONING CODE Definitions 153.220 § 18214). A mobile home park provides utility services and other facilities either separately or in common to mobile home spaces therein. MONEY WIRING. A person or entity that for compensation primarily engages in the business of sending money to an end entity via a transfer for pick-up by an individual or business entity. MORTUARY. An establishment engaged in the provision of service involving the care, preparation, or disposition of human dead other than in cemeteries. May or may not include crematorium. No internment is provided on site. May include areas for assembly services and living quarters for funeral home/mortuary manager. MOTEL. Any building or portion of any building with access provided through a common entrance, lobby or hallway and which contains guestrooms that have no cooking facilities. Motels are designed and intended to be used as temporary overnight accommodations for transients.One dwelling unit shall be permitted for use as a resident manager's unit. MULTIPLE-TENANT RETAIL — SMALL. A business, wholly within the confines of a single commercial unit of less than 75,000 square feet, in which one principle tenant and up to 2 ancillary tenants with unique business licenses are located, offering personal services and/or personal property for retail sale. This term shall not include temporary events held for the exclusive benefit of any nonprofit organization.This term shall not include swap meets. MULTIPLE-TENANT RETAIL — LARGE. A business, wholly within the confines of a single commercial unit that is at least 75,000 square feet, or greater, in which one principle tenant and up to 6 ancillary tenants with unique business licenses are located, offering personal services and/or personal property for retail sale. This term shall not include temporary events held for the exclusive benefit of any nonprofit organization.This term shall not include swap meets. § 153.220.150 - N Definitions NIGHTCLUB. An establishment that sells or serves alcoholic beverages for consumption on the premises and is holding or applying for a public premise license from the California State Department of Alcoholic Beverage Control (ABC) (i.e., ABC License Type 42 [On Sale Beer & Wine-Public Premises], ABC License Type 48 [On Sale General-Public Premises], and ABC License Type 61 [On Sale Beer-Public Premises]). Persons under 21 years of age are not allowed to enter and remain on the premises. The establishment shall include any immediately adjacent area that is owned, leased, rented, or controlled by the licensee. NONCONFORMING LOT. Any subdivision of land that was lawfully established and in compliance with all applicable ordinances and laws at the time the property was subdivided, 153.220 Definitions 153.220-26 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 but which, due to a subsequently enacted ordinance or law, no longer complies with all the applicable regulations and standards of the zone in which the property is located. NONCONFORMING STRUCTURE. Any structure, building, sign, improvement or portion thereof, that was lawfully established and in compliance with all applicable ordinances and laws at the rime it was erected, but which, due to a subsequently enacted ordinance or law, no longer complies with all the applicable regulations and standards of the zone in which the structure is located. NONCONFORMING USE. Any use or activity of land that was lawfully established and in compliance with all applicable ordinances and laws at the time it was undertaken, but which, due to a subsequently enacted ordinance or law, no longer complies with all the applicable regulations and standards of the zone in which the use is located. NURSERY SCHOOL.See "Child Day Care Facility." § 153.220.160 - 0 Definitions OFF-STREET PARKING FACILITY. See "Parking Facility." OFFICE, BUSINESS AND PROFESSIONAL. An office where (1) common business services are provided to the general public (e.g., consumer services [e.g., auto club, entertainment ticket sales, etc.], insurance, investment, real estate, tax preparation, travel, utility company offices, etc.) or (2) professional services (e.g., accounting, architectural, engineering, legal, planning, psychological, psychiatric, etc.) are provided. Typically, these uses serve visitors on an appointment only basis and walk-in traffic is minimal. Does not include "Places of Assembly," "Bank/Financial Institution"or"Medical/Dental Office." OPEN SPACE. An area or a lot, other than a required yard area, driveway or off-street parking facility,which has no building or structure located therein, except for landscaping,walls,fences, patios, swimming pools and other permitted buildings or structures, used exclusively for recreational purposes. COMMON OPEN SPACE. An open space area, located at grade which is available for the common use or enjoyment of all persons residing on the lot upon which such open space is located. PRIVATE OPEN SPACE. That open space, other than a required yard area, which is immediately adjacent to the dwelling unit sewed thereby, and which is available for the exclusive use of the occupants of the dwelling unit. 153.220 Definitions 153.220-27 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 OUTDOOR ADVERTISING STRUCTURES. Signs soliciting public support or directing public attention,to the sale, lease, hire or use of any objects, products, services or functions which are not produced, sold or otherwise available on the premises where such sign is erected or maintained. OUTDOOR STORAGE AND USE. The storage of various materials outside of a building as an accessory use, or accessory uses and activities that occur outside of a building. § 153.220.170 - P Definitions PARCEL. An area of land, the boundaries of which have been legally established in conformance with the Subdivision Map Act. PARCEL DELIVERY TERMINAL. "Parcel delivery terminal" means a building in which commodities sold at retail within the area, and packaged by the retailer, are assembled and routed for delivery to retail customers located within the area. PARK. The standing of a motor vehicle, other than for the purpose of loading or unloading merchandise or passengers. PARKING FACILITY. An off-street area, whether open or enclosed, other than a showroom or sales lot, used to store motor vehicles on a daily basis, but not including the storage of dismantled or wrecked motor vehicles or parts thereof. "Commercial parking facility"means provided by a private party for a fee. "Private parking facility" means provided for the use of residents, customers or employees primarily in response to code requirements. "Public parking facility" means provided by the City, the use of which may or may not be subject to a fee. "Parking lot" means an open, at-grade parking area, which may be commercial, public or private. "Parking garage" means an enclosed parking structure provided above or below grade, which may be commercial, public or private. PARKING SPACE. A permanent area for the parking of 1 vehicle designed to meet the minimum dimensions and access requirements established by the city. 153.220 Definitions 153.220-28 CITY OF BALD WIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 GARAGE PARKING SPACE. A parking space provided within an enclosed structure, with - a closing and locking door,whose primary use is the storage of vehicles. OFF-STREET PARKING SPACE. A permanent parking space for a vehicle which is designed to city standards and not located on a dedicated street right-of-way. ON-STREET PARKING SPACE. A parking space for a vehicle which is designed to city standards and located on a dedicated street right-of-way. PARKWAY. A portion of a street right-of-way,between the back of the curbline and the lot line which is used or is available for use as landscaping,utilities or sidewalks. PERMIT. Written governmental permission issued by an authorized official, empowering the holder thereof to engage in some activity not forbidden by law, but not allowed without such authorization. PERMITTED USE. A use specifically and expressly allowed in any one or more of the zones by this chapter. PERMITTEE.The person to whom a permit has been issued. PERSON.Any individual,legal entity,joint venture or political subdivision,except the city. PERSONAL SERVICE. Any business or enterprise that provides individual care to persons involving their personal health, fitness, grooming or appearance. Such businesses include but are not limited to barber shops, hair salons, nail care salons and day spas. Specifically excluded from this definition are massage establishments of any kind and acupuncture and acupressure clinics. PET STORE. The retail sales of household animals within an entirely enclosed building. These uses include grooming, if incidental to the retail use, but specifically excludes boarding of animals other than those for sale. PLACES OF ASSEMBLY. Any place,building or collection of buildings and associated grounds used for the purpose of general public gathering — in small, medium or large groups — for the purposes of worship, non-commercial entertainment, private or public meetings or similar activities not generally involving remuneration for use of said place, building or collection of buildings and associated grounds. Examples include churches, temples, mosques, service club facilities and private meeting halls. PLANNING COMMISSION.The Planning Commission of the City of Baldwin Park. 153.220 Definitions 153.220-29 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 PREFERENTIAL PARKING. Parking designated or assigned, through use of a sign or painted space markings, for carpool and vanpool vehicles carrying commute passengers on a regular basis that are provided in a location more convenient to a place of employment than parking spaces provided for single occupant vehicles [i.e., a motor vehicle operated by one passenger and transporting the same]. PRINCIPAL USE. Any use which represents the predominant activity on a property and for which authority to conduct such use is derived from the Zoning Code. PROPERTY OWNER. The legal owner of a development who serves as the lessor to a tenant. The property owner shall be responsible for complying with the provisions of this chapter either directly or by delegating such responsibility as appropriate to a tenant and/or his agent. PUBLIC FREE. Any tree located in a place or area under ownership or control of the city, including, but not limited to, any public street, parkway, open space or parkland or other city- owned property, even if under the operational control of another entity by virtue of a lease, license, operating, or other agreement. § 153.220.180 - Q Definitions Reserved. § 153.220.190 - R Definitions RECREATIONAL FACILITY. Establishments providing participant or spectator recreation or entertainment, either indoors or outdoors,for a fee or admission charge. Illustrative examples of these uses include: dance or martial arts studios, health clubs and gymnasiums,indoor facilities (billiards,bowling alleys) and outdoor facilities (batting cages, golf courses). RECYCLABLE MATERIALS. Paper, newsprint, printed matter, pasteboard, paper containers, cardboard, glass, aluminum,polyethylene terephthalate and other plastics,beverage containers, compostable materials and other products designated by the City Manager or the California Integrated Waste Management Board as recyclable. RECYCLING FACILITY. A center for the collection and/or processing of recyclable materials. REGULAR VENDING MACHINE. An automated mechanical device which ejects products such as snack food items,non-alcoholic beverages or cigarettes,when cash is deposited. REQUIRED TREE. Every tree planted or preserved on private property which: (1) was planted and is maintained pursuant to a city-imposed condition of approval for a particular land use 153.220 Definitions 153.220-30 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 entitlement; or (2) was shown on a landscape drawing or plan for a project approved by the City. RESIDENTIAL CARE HOME. A residential home that provides 24-hour non-medical care for 6 or fewer persons 18 years of age or older, or emancipated minors, with chronic, life-threatening illness in need of personal services, protection, supervision, assistance, guidance or training essential for sustaining the activities of daily living, or for the protection of the individual. This classification includes group homes, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court and other facilities licensed by the State of California. RESIDENTIAL CARE FACILITY. Any facility that provides 24-hour non-medical care for more than 6 persons 18 years of age or older, or emancipated minors, in need of personal services, protection, supervision, assistance, guidance or training essential for sustaining the activities of daily living, or for the protection of the individual. This classification includes residential care facilities for the elderly, adult residential facilities, facilities for wards of the juvenile court and other facilities licensed by the State of California. Notwithstanding the foregoing, a residential care home which has obtained the license required by Health & Safety Code § 1508, and which serves 6 or fewer persons, shall be subject only to such restrictions as are identical to those applied to other dwellings of the same type in the same zone. The Residential Care Facility definition also include supportive housing, which is defined as housing with no limit on length of stay that is occupied by a special needs population, and that is linked to regular onsite services that assist the supportive housing resident in retaining the housing, improving his or her health status and maximizing his or her ability to live and, when possible, work in the community. RESTAURANT. A place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation, and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on the premises, and must comply with all regulations of the local Department of Health. Any establishment, business or facility that satisfies the foregoing criteria, but has areas designated for uses other than food preparation or consumption, such as a bar/lounge area, billiards, dart boards and the like, in excess of 30 percent of the total floor area of the premises,shall not be deemed a RESTAURANT. GUEST. Persons who, during the hours when meals are regularly served therein, come to a restaurant for the purpose of obtaining, and actually order and obtain at such time, a meal. MEALS means the usual assortment of foods commonly ordered at various hours of the day. The service of sandwiches and salads not prepared at the premises shall not be deemed to comply with the meaning of the term meals. Additionally, the mere 153.220 Definitions 153.220-31 CITY OF BALDWIN PARK-CHAFFER 153:ZONING CODE Definitions 153.220 availability or service of items commonly considered to be snack food(e.g.,potato chips, pretzels, peanuts and the like) shall not be sufficient to constitute either a meal or the existence of a restaurant. RETAIL SHOP. An establishment which offer goods (such as books, gifts and clothing) to the general public. Does not include swap meet, pawn shop, or thrift sales REVERSE VENDING MACHINE. An automated mechanical device which accepts all empty beverage containers required to be recycled by the State Division of Recycling pursuant to AB2020 including but not limited to aluminum cans, glass, non-aluminum metal cans and plastic bottles, and issues a cash refund or redeemable credit slip with a value not less than the containers redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. RIGHT-OF-WAY. A defined area of land, either public or private, on which a right of passage has been recorded. § 153.220.200 - S Definitions SCHOOL. Any child or day care facility, or an institution of learning for minors,whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the state Board of Education. This definition includes a nursery school, kindergarten,elementary school, middle or junior high school, senior high school or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college or university. SCREENING The effect of locating an object behind a building, wall, facade,fence, landscaping, berm and/or other specially designed device so that view of the object from adjoining and nearby public rights-of-way and private properties is eliminated or minimized. SECOND HAND STORE. A business involved in the retail sale of used goods and merchandise, whereby the sale of such used goods and merchandise comprise 25 percent or more of total monthly sales volume. SECURITY BARS. Metal bars, including, but not limited to, wrought iron guards and sliding scissor gates, attached to or covering a window or glass door which are intended to provide additional protection against vandalism and burglaries. 153.220 Definitions 153.220-32 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 SELF-STORAGE FACILITY. A structure containing separate storage space that is designed to be leased or rented individually. Indoor storage shall mean that access to all storage spaces shall be from common interior corridors, and the facility has only shared loading areas. This use does not include outdoor storage of any kind. Further, such storage does not involve any manufacturing, retail or wholesale selling, office or business services, or human habitation in any storage space or anywhere on site. SERVICE CLUBS. Any chapter, lodge or other local unit of an American National Fraternal Organization, which has been in continuous existence for at least 20 years, operates in at least 20 states of the United States and has a minimum of 175 local units in those 20 states. SERVICE STATION. A business, engaged primarily in the sale of motor fuels and in supplying goods and services generally required for the operation and maintenance of automotive vehicles and the fulfilling of motorists'needs.The same includes the sale of petroleum products, and may include the sale and servicing of tires, batteries, automotive accessories and replacement items; washing and lubrication services; performance of minor automotive maintenance and repair; and the supplying of other incidental and related customer services and products. Major automotive repairs, painting and body and fender work shall not be permitted as a part of service station use. SETBACK.The minimum distance between the main building on a lot and the property lines of the lot,measured at a right angle from the designated property line. SIGN. Any device for the visual communication, including any announcement, declaration, demonstration, display, illustration or insignia which is used to advertise or promote the products or services of any person, business group or enterprise available on the lot where located and is intended to be visible from outside the building or structure. ABANDONED SIGN. A sign is abandoned where for a period of 90 days or more, there is no sign copy appearing on the sign or where the establishment to which the sign is attached has ceased operation and where it is clear that the sign has been forsaken or deserted. ACCESSORY SIGN. Signs that display hours of operation, credit cards and time and temperature. ANIMATED SIGN. A sign with action or motion, flashing or color changes requiring electrical energy, electronic or manufactured sources of supply, but not including electronic readerboard signs, time and temperature signs and wind activated elements such as flags, banners or specialty signs. 153.220 Definitions 153.220-33 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 AWNING SIGN. A sign made of cloth, plastic or other nonstructural covering that either is permanently attached to a building or it can be raised or refracted to a position against the building when not in use. BANNER SIGN. A sign that is composed on a lightweight material (vinyl, plastic or cloth) without frames. CAN (BOX) SIGN. A sign that contains all text and/or logo symbols within a single enclosed cabinet which may or may not be illuminated. CANOPY SIGN. Any sign that is part of or attached to an awning, canopy or other material, or structural protective cover over a door,entrance,window or service area. CHANGEABLE COPY SIGN. A sign such as a marquee or electronic readerboard sign that is designed so the characters, letters or illustrations may be rearranged without altering the surface or face of the sign. COMMERCIAL MESSAGE. Any sign wording, logo or other representation that directly or indirectly names, advertises or calls attention to a business, product, service or other commercial activity, or which proposes a commercial transaction, or relates primarily to commercial interests. CONSTRUCTION SIGN. A sign that identifies the architects, engineers, financial institutions or contractors involved in a project. DIRECTORY SIGN. A sign or set of similarly designed individual signs, placed or displayed in sequence to list all or part of the businesses within a building or shopping center. DIRECTIONAL SIGN. Freestanding, ground, monument or wall signs designed to guide or direct pedestrian or vehicular traffic to a given location. DISPLAY BOARD SIGN. A permanently installed panel (bulletin board or display case) provided for the posting of temporary advertisements and/or messages on which manually changeable messages are displayed. ELECTRONIC READERBOARD SIGN. A sign which incorporates changeable messages which may be changed by electronic processes or by remote control. FREESTANDING SIGN. A sign that is permanently supported by structures or supports in or upon the ground independent from support from any building. 153.220 Definitions 153.220-34 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 GOVERNMENTAL/CIVIC SIGN. Any temporary or permanent sign erected and maintained by or required by the City, County, State or Federal government for traffic direction, city entrance or for designation or direction to any school, hospital, historical site, public service,property or facility. HOLIDAY SIGN. A temporary sign that is for the purpose of publicizing events during the holidays. ILLUMINATED SIGN. A sign which uses an artificial source of light in order to make readable the message and includes internally or externally lighted signs, reflectorized, glowing or radiating signs. INCIDENTAL SIGN. A sign, emblem or decal informing the public of goods, facilities or services available on the premises, including but not limited to a restroom and phone sign, credit card sign or a sign indicating hours of business. Incidental signs also include signs prohibiting trespassing and soliciting, as well as neighborhood watch/alarm signs. INFLATABLE SIGN. A balloon or other object inflated with lighter than air gaseous elements for buoyancy, which is attached or anchored to any building or the ground and shall include all parts, portions, units and materials composing the same, including the support or anchor therefore. MENU/ORDER BOARD SIGN. A sign on the site of a drive-thru restaurant, either detached or attached to the building, displaying the type and price of food and beverages sold in connection with and oriented towards the drive-thru lane. MONUMENT SIGN. A sign that is permanently supported by structures or supports in or upon the ground independent from support from any building. NAME PLATE SIGN. A sign that displays only the name of the property owner or occupant and/or the address of the site. NONCOMMERCIAL SIGN. Any sign that does not bear a commercial message, including, by way of example and limitation, commentary on social, political, educational, religious, scientific, artistic, philosophical or charitable subjects. Also includes signs regarding fund raising or membership drive activities for noncommercial or nonprofit concerns. OFF-SITE SIGN. A sign that directs attention to a business, commodity, service, entertainment or other product or activity offered at a location other than the site on which the sign is located. This definition does not include real estate signs, temporary signs or directional signs approved pursuant to this chapter. 153.220 Definitions 153.220-35 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Ili Definitions 153.220 I Attached Signs Projecting/Blade Sign _ 1 Wall Mounted Sign , A7 1 � ° Roof Mounted Sign e Wall Mounted Sign 4 ' r I J a16C�e � _ i • t_� , : Gaffe siv:i r tit 1 cafe Illik i II I i 11 g a l 1Ui1 l nl Awning Sign Window Sign Freestanding Signs MULTI TENANT SIGN t ii SIGN a SIGN S 1meg� � � . . SIGN r .� a SIGN Lam_ ' r dab' r°tn�nwro �0 i _ t,• sw Multi-Tenant Monument Sign , l SIGN Wp.X �i,4 J.' .16-'''- C. re� � < ` l . �':•ur , 23.;.:' -tn. .. Freestanding/Pole/Pylon Sign Monument Sign 153.220 Definitions 153.220-36 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 ON-SITE SIGNS. A sign that directs attention to a business, commodity, service, entertainment or other product or activity offered at the site on which the sign is located. PAINTED SIGN. A sign that is affixed to the exterior surface of a building or structure which has no raised borders, letters,characters,decorations or illuminating appliances. PENNANT. A piece of fabric or canvas, usually rectangular or triangular in shape and designed to be attached to or flown between a pole or poles, that includes a commercial message or other advertising material that directs attention to a business, commodity, service,entertainment or other product or activity offered at the site on which the pennant is located. PERMANENT SIGN.Every sign except temporary signs as defined in subchapter 153.170. POLITICAL SIGN.A noncommercial sign related to a forthcoming public election. PORTABLE SIGN. Any sign not permanently attached to the ground or a building or designed to be attached to the ground nor building. A-frame, sandwich signs and vehicle mounted signs are considered portable signs. POSTER SIGN. A sign printed, written or painted on paper, cardboard or similar material which is generally displayed in windows. PROJECT IDENTIFICATION SIGN. A sign which states the name of the building or its owner. PROJECTING SIGN. A sign that is affixed at an angle or perpendicular to the wall of any building in such a manner to read perpendicular or at an angle to the wall on which it is mounted. REAL ESTATE SIGN. A sign indicating that the lot on which the sign is located, or any building or structure located thereon,is for sale or lease. ROOF SIGN. A sign erected upon or above the roof of a building and supported solely on the roof structure. TEMPORARY SIGN. Any sign constructed of paper, cloth, canvas or other similar lightweight material, with or without frames, which are intended to be displayed for a limited amount of time. 153.220 Definitions 153.220-37 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 WALL SIGN. A sign and/or sign structure painted on or attached to the face of the outside wall of any building including but not limited to projecting signs, awning signs and marquee signs. WINDOW SIGN. A sign that is placed inside or upon a window facing the outside and which is intended to be seen from the exterior(temporary or permanent). SIGN FACE AREA. The square footage of a sign made up of letters, words and/or symbols within a frame shall be determined from the outside edge of the frame itself. The square footage of a sign composed only of letters, words and/or symbols shall be determined from imaginary straight lines (not to exceed 8 lines) drawn around the entire copy or grouping of such letters, words, and/or symbols. Only those portions of the construction elements that are an integral part of the sign itself shall be considered in the allocation of the square footage allowed. An obvious border designed as an integral part of the sign shall be calculated in the total square footage allowed. The sign face area of a double-faced sign shall be computed as including only the maximum single display surface which is visible from any ground position at one time upon which the message is placed. SIGN HEIGHT. The vertical distance measured from the average finished grade of the lot upon which the sign is located to the highest point of the sign. SINGLE-LOADED. A type of site planning that is identifiable by showing residential planned development units along only one side of a public street. SITE. Any lot or parcel of land, or combination of contiguous lots or parcels of land, used or intended for a particular use or group of uses. SITE PLAN. A plan drawn to scale, showing uses and structures proposed for a property as required by the applicable regulations, including lot lines, streets, grades, building sites, reserved open space and other specific development proposals. SOLAR PANEL. Any solar collector or other polar device, or any structural design feature of a building whose primary purpose is to provide for the collection, storage and distribution of solar energy for space heating or cooling,for water heating or for electricity. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD). The regional authority appointed by the California State Legislature to meet federal standards and to otherwise improve air quality in the South Coast Air Basin (the non-desert portions of Los Angeles,Riverside and San Bernardino Counties, and Orange County). SPECIFIC PLAN. Under California Government Code 9 §§65450 et. seq., a legal tool for detailed design and implementation of a defined portion of the area covered by a General Plan. 153.220 Definitions 153.220-38 CITY OF BALD WIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 A specific plan may include detailed regulations, conditions, programs and/or proposed legislation which may be necessary or convenient for the systematic implementation of any General Plan element. STORY. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. STORY includes a basement. STREET. A public thoroughfare or right-of-way, or approved private thoroughfare or right-of- way determined by the city to be adequate for the purpose of access,which affords the principal means of access for abutting property including avenue, place, way, drive, land, boulevard, highway, road or any other thoroughfare. The word "street" shall include all major and secondary highways,traffic collector streets and local streets. STREET TREE. Any tree located in a place or area under ownership or control of the city, including but not limited to streets, parkways, open space, parkland, and including city-owned property under the operational control of another entity by virtue of a lease, license, operating or other agreement. STRUCTURE. Anything constructed or erected, which requires a fixed location on the ground, or is attached to a building or other structure having a fixed location on the ground. STUDIO. Establishments engaged in industrial or scientific research, inlcuing product testing. Includes electronic research firms or pharmaceutical research laboratories. Excludes manufacturing, except of prototypes, and medical testing and analysis. Also includes production studios for filmmakers and motion picture processing studios. SWAP MEET. Any event at which two or more persons offer personal property, new and/or used, for sale or exchange and at which a fee is charged for the privilege of offering or displaying personal property for sale or exchange, and/or at which a fee is charged to prospective buyers for admission to the area where personal property is offered or displayed for sale or exchange. § 153.220.210 - T Definitions TENANT. The lessee of facility space at an applicable development project. TOBACCO SHOP. An establishment which offers tobacco products for sale and/or where smoking is permitted, such as hookah lounges, cigar clubs, and other private smoking businesses. 153.220 Definitions 153.220-39 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 TOWNHOUSE UNIT. A dwelling unit which shares a common interior wall with another dwelling unit and no portion of which is above or below another dwelling unit. TRANSPORTATION FACILITY. Facility for loading, unloading and transferring passengers, baggage and incidental freight between modes of transportation. These uses include bus or truck terminals,taxi dispatch yards, railroad stations and public transit stations.. TRANSPORTATION DEMAND MANAGEMENT (TDM). The alteration of travel behavior usually on the part of commuters through programs of incentives, services and policies. TDM addresses alternatives to single-occupant vehicles such as carpooling and vanpooling, and changes in work schedules that move trips out of the peak period or eliminate them altogether (as in the case of telecommuting or compressed work weeks). TRANSFER STATION. An area, including any necessary building or structures, for the temporary storage and the salvage of rubbish, garbage or industrial waste. TREE OF HISTORIC VALUE. A tree that has been related to historical events or circumstances and has been found to be of significance to the community and is so designated by action of the Tree Advisory Board. TRIP REDUCTION. Reduction in the number of work-related trips made by single-occupant vehicles. § 153.220.220- U Definitions USE. The purpose for which land or a building is designed, arranged or intended, or for which the land or building may be occupied or maintained. 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. UTILITY. Any public or private regulated agency which, under public franchise or ownership, or under certificate of convenience and necessity, provides the public with electricity, gas, heat, steam, communication,rail transportation,water, sewage collection or other similar service. 153.220 Definitions 153.220-40 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 § 153.220.230 - V Definitions VANPOOL. A vehicle carrying seven or more persons commuting together to and from work on a regular basis, usually in a vehicle with a seating arrangement designed to carry 7 to 15 adult passengers, and on a prepaid subscription basis. VARIANCE. Permission to depart from the provisions of this chapter when, due to special circumstances applicable to a property, strict application of the requirements deprives such property of privileges enjoyed by other identically zoned property. VEHICLE. Any motorized form of transportation, including, but not limited to, automobiles, vans,buses motorcycles, recreational vehicles,tractors and similar types of vehicles. VENDOR. Any person, partnership, corporation or organization who engages in selling, or offering for sale as owner or consignee, personal services and/or property within a multiple- tenant retail arcade. VETERINARY SERVICES (ANIMAL HOSPITAL/CLINIC). Establishment where household animals receive medical and surgical treatment and may be temporarily boarded (more than one night stay)in association with such medical or surgical treatment. § 153.220.240- W Definitions WALL. A physical barrier constructed largely of masonry,brick,concrete,stucco, concrete block or any combination thereof and intended to mark a boundary. WAREHOUSE. A building or portion thereof used for the storage, receiving, shipping or wholesaling of goods and merchandise, and any incidental or accessory activities. WHOLESALE SALES.The sale of commercial goods at or near production cost. WIRELESS COMMUNICATIONS FACILITIES. Any and all of the following and all related terms, and as may be further defined by applicable federal regulations. AMATEUR RADIO STATION ANTENNA. Any antenna, and its accompanying support structure, that is used solely for the purpose of transmitting and receiving radio signals in connection with the operation of an amateur radio station in accordance with licenses issued by the FCC. ANTENNA, ANTENNA ARRAY, WIRELESS ANTENNA ARRAY, OR WIRELESS TELECOMMUNICATIONS ANTENNA ARRAY. One or more rods, poles, panels, discs or 153.220 Definitions 153.220-41 1 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 similar devices used for the transmission or reception of radio frequency signals, which may include omni-directional antennas (whip), directional antennas (panel) and parabolic antennas (disc),but excluding any support structure as defined below. ANTENNA HEIGHT. The distance from the grade of the property at the base of the antenna or, in the case of a roof mounted antenna, from the grade at the exterior base of the building to the highest point of the antenna and its associated support structure when fully extended. ANTENNA STRUCTURE. An antenna or array of antennas and its associated support structure,including,without limitation, a mast or tower. BASE STATION OR EQUIPMENT SHELTER. A fixed station at a specified site authorized to communicate with mobile stations, micro cells, repeaters or other wireless stations, usually housed in metal cabinets or small structures on or within close proximity to the antenna structure on the same site. BUILDING-MOUNTED. Mounted to the side or facade of a building, or to the side of another structure such as a water tank, church steeple, freestanding sign or similar structure,but not to include the roof of any structure. • CO-LOCATION. The use of a common wireless antenna facility, or a common site, by two or more providers of wireless services, or by one provider of wireless services for more than one type of telecommunications technology. FCC. The Federal Communications Commission. FIXED WIRELESS ANTENNA FACILITY. An unstaffed facility for the transmission or reception of wireless telecommunications services, commonly consisting of an antenna array, connection cables, a support structure to achieve the necessary elevation and an equipment facility or subterranean vault to house accessory equipment, which may include cabinets,pedestals, shelters and similar protective structures. FIXED WIRELESS SERVICES. Any personal wireless services as defined in the federal Telecommunications Act of 1996, including federally licensed wireless telecommunications services consisting of cellular services, personal communications services (PCS), specialized mobile radio services (SMR), enhanced specialized mobile radio services (ESMR), paging and similar services that currently exist or that may be developed in the future. GROUND-MOUNTED. Mounted to a base (e.g., pole, monopole, tower or other freestanding structure specifically constructed for the purpose of supporting an antenna or wireless communication facility) placed directly on the ground. 153.220 Definitions 153.22042 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 MAST. A support structure that is constructed for the specific purpose of elevating a satellite earth station antenna in order to receive broadcast signals of an acceptable quality. MONOPOLE. A structure composed of a single spire, pole or tower used to support antennas or related equipment. ROOF-MOUNTED. Mounted above the eave line of a building. SATELLITE EARTH STATION. A parabolic or dish-shaped antenna or other apparatus or device that is designed for the purpose of receiving or transmitting signals for voice, video or data. STEALTH FACILITY. Any communication facility which is designed to blend into the surrounding environment, typically one that is architecturally integrated into a building or other concealing structure, and shall include and mean any concealed antenna. SUPPORT SIRUCTURE OR WIRELESS TELECOMMUNICATIONS ANTENNA ARRAY SUPPORT STRUCTURE. A freestanding structure that is designed and constructed for the specific purpose of supporting an antenna array and that may consist of a monopole,a mast, a self-supporting lattice tower, a guy-wire support tower or other similar structures. UNLICENSED WIRELESS SERVICE. The offering of telecommunication services, using duly authorized devices which do not require individual licenses, but does not mean the provision of direct-to-home satellite services, as defined in 47 U.S.C.§332(c)(7). WIRELESS COMMUNICATION SERVICES. Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services, as defined in 47 U.S.C. §332(c)(7). WIRELESS COMMUNICATION FACILITIES. Facilities for the provision of wireless communication services, as defined in 47 U.S.C. §332(c)(7). WIRELESS TELECOMMUNICATION ANTENNA FACILITY OR WIRELESS TELECOMMUNICATIONS ANTENNA ARRAY. An unstaffed facility for the transmission or reception of wireless telecommunications services, commonly consisting of an antenna array, connection cables, a support structure to achieve the necessary elevation and an equipment facility or subterranean vault to house accessory equipment, which may include cabinets, pedestals, shelters and similar protective structures. WIRELESS SERVICES OR WIRELESS TELECOMMUNICATIONS SERVICES. Any personal wireless services as defined in the federal Telecommunications Act of 1996, including federally-licensed wireless telecommunications services consisting of cellular services, 153.220 Definitions 153.220-43 CITY OF BALDWIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 personal communications services (PCS), specialized mobile radio services (SMR), enhanced specialized mobile radio services (ESMR), paging and similar services that currently exist or that maybe developed in the future. § 153.220.250-X Definitions Reserved. § 153.220.260 - Y Definitions YARD. An area upon a lot located between the property line and setback, other than a court or open space, required as a front, side or rear yard, which shall be maintained unoccupied and unobstructed from the ground upward without any encroachment therein, except as expressly authorized by the Zoning Code. FRONT YARD. A required yard area extending across the full width of a lot, immediately adjacent to the front lot line thereof. The depth of a front yard shall be the specified horizontal distance measured between the front lot line and a line parallel thereto on the lot. FLAG LOT FRONT YARD. The line of the developable portion of the flag lot that is also the rear property line of the lot that separates the developable portion of the flag lot from the street to which the flag lot has access or the line of the developable portion of the flag lot that also extends as a property line perpendicular to the public street and adjacent to the staff of the flag lot. REAR YARD. A required yard area extending across the full width of a lot,immediately adjacent to the rear lot line thereof. The depth of a rear yard shall be the specified horizontal distance measured between the rear lot line and a line parallel thereon on the lot. SIDE YARD. A required yard area extending across the full length of a lot immediately adjacent to the side lot line thereof. The depth of a side yard shall be the specified horizontal distance measured between the side lot line and a parallel line on the lot. § 153.220.270- Z Definitions ZONE. A designated or mapped portion of the city within which a uniform set of land use and development regulations apply.Zones include the following categories: 153.220 Definitions 153.220 14 CITY OF BALD WIN PARK-CHAPTER 153:ZONING CODE Definitions 153.220 BASE ZONES. Zones that establish the primary type and intensity of land use for the parcel, along with development regulations for that particular type and intensity of land use. OVERLAY ZONES. Zones that supplement the base zone for the purpose of establishing special use or development regulations for a particular area in addition to the provisions of the underlying base zone. ZONING MAP. The current city-adopted map showing zone boundaries. 153.220 Definitions 153.22045 ORDINANCE 1346 EXHIBIT B j Mr=, ,, , City of Baldwin Park } —,ixiw, , l{ Zoning Map CITY of stil C, e . / Ia ITYOa LE / 14� y " �_ / .. -1-Fax" I:G ,51 rls m ao 1 • __ ..,.al �a I _ IRWIn DALES / / �N9 wxewenua l�l / � � MW GCmmeaa lop CITY OF / / I 1 ARC DI / aT t mme, , / h �^ ¢ce'}` / )E }(FCl ®Ineusfn.cemmeale 1 al e j / A# Lit-'„t 8- nun n.11 ar `tom Sy' ��} ��/(.)yS" ':� d t` ®open space Ms) I ^+� e "" y,0 �� zoning o ly cl TV of { sr ` 2p> R �:m AY :, 0 ` ry '•EL MONTE ty', F"W�j� °Z Sits % 9 444/*..4 ,r te/F�r A �` B Mvs 10 �£+ 3,,,, o S� ma,�wrr z I / 1 LOS ANGLLpS Q � . I , 1 Cid,oF t r v ...,.e., N�1UaTR�1 � i _ �� 1 ec<er or eowxenue.eav v ORDINANCE 1346 EXHIBIT C ADOPTED �t<<rs MAY 2012 CHAPTER §152 ns=. SUBDIVISION ORDINANCE ~ CITY OF BALDWIN PARK Table of Contents § 152.01 TITLE 1 § 152.02 PURPOSE 1 § 152.04 DEFINITIONS 1 § 152.06 APPLICATION 2 § 152.08 FEES 3 § 152.10 RESPONSIBILITIES 3 § 152.12 IMPROVEMENTS AND DESIGN 6 § 152.14 TENTATIVE PARCEL MAPS AND 1RACT MAPS 8 § 152.16 FORM AND CONTENT OF TENTATIVE MAPS 11 § 152.18 REQUIREMENTS FOR FINAL TRACT MAPS AND PARCEL MAPS 14 §152.20 REVERSION TO ACREAGE 16 § 152.22 DEDICATIONS 17 § 152.24 LOT LINE ADJUSTMENTS 17 § 152.26 VESTING TENTATIVE MAPS 18 § 152.28 MERGERS 20 § 152.30 UNMERGER 22 § 152.32 REQUEST FOR DETERMINATION OF MERGER 22 §152.34 COMMERCIAL CONDOMINIUMS 23 §152.36 RESIDENTIAL CONDOMINIUM CONVERSIONS 25 §152.40 SUBDIVISION DESIGN STANDARDS 28 Subdivision Regulations i Adopted May 2,2012 § 152.01 TITLE This chapter shall be referred to as"the city's subdivision regulations." § 152.02 PURPOSE The provisions of this chapter are intended to supplement and implement the Subdivision Map Act, as defined in§ 152.04 of this chapter, for the purpose of regulating the design and improvement of divisions of land within the city. § 152.04 DEFINITIONS For the purpose of this chapter,the following definitions shall apply unless the context clearly indicates or requires a different meaning. Advisory Agency The city staff member or city policy-making or decision-making body given the authority to act upon an application, as set forth in section 152.10 of this chapter. Certificate of Compliance;Conditional Certificate of Compliance A document issued by the city and recorded by the County Recorder certifying that a specified real property complies with the provisions of the Subdivision Map Act and this chapter. A Conditional Certificate of Compliance includes any conditions that the city may impose upon the granting of such certificate requiring that specified terms be complied with prior to the subsequent issuance of a permit or other grant of approval for development of the property. Dedication The conveyance of a street, alley,easement, or similar right-of-way to the city for public use or other purposes, and/or for maintenance.As used here, dedication shall include a conveyance or waiver of direct access rights to future or proposed public or private streets. Environmental Analysis An analysis conducted pursuant to the provisions of the California Environmental Quality Act of the California Public Resources Code§§21000 et seq. Final Tract Map A map showing a subdivision of five or more parcels prepared in accordance with the provisions of this chapter and the Subdivision Map Act and in a manner to be filed in the office of the County Recorder. Lot Line Adjustment The adjustment or relocation of any property line between two contiguous existing, legally created lots. No lot line adjustment shall be permitted where the effect is to create additional lots or delete a lot. Subdivision Regulations 1 Adopted May 2,2012 Parcel Map A map prepared for the purpose of dividing a legal parcel into four or fewer parcels and prepared in accordance with the provisions of this chapter and the Subdivision Map Act and in a manner to be recorded in the office of the County Recorder. Parkway That portion of a public right-of-way between the outermost curb-lane driving lane and the farthest edge of the right-of-way. Subdivider A person, firm, corporation,partnership, or association that proposes to divide, divides or causes to be divided real property into a subdivision for that person/entity or others,except that employees and consultants of such person/entity, acting in such capacity, are not subdividers. Subdivision Map Act California Government Code§§66410 et seq., as it may be amended. Tentative Map A map showing the design and improvements of a proposed division of land and the existing conditions in and around it. Vesting Tentative Map A tentative map for any subdivision,which shall have printed conspicuously on its face the words"Vesting Tentative Map" at the time it is filed and which meets all of the requirements for a vesting tentative map as set forth in the Subdivision Map Act and this chapter 152. Zoning Code The zoning code of the city set forth in chapter 153 of the Baldwin Park Municipal Code. § 152.06 APPLICATION A. No person shall divide any real property for the purpose of sale, lease or financing except in compliance with the provisions of this chapter and/or the Subdivision Map Act. B. This chapter shall apply to all divisions of land, except those exempted by California Government Code§§66412,66412.1, 66412.2 and 66412.5 of the Act. In the event of divisions of land which are not subject to this chapter and/or the Subdivision Map Act, a certificate of compliance shall be issued for such on a form prescribed by the Community Development Director. 2 Subdivision Regulations Adopted May 2,2012 § 152.08 FEES The City Council,by resolution, shall set reasonable fees in connection with this chapter, including but not limited to fees for processing tentative,final and parcel maps; fees for giving notice of public hearings;fees for copying and distributing written reports on tentative maps; and fees for processing mergers and reversions to acreage. § 152.10 RESPONSIBILITIES A. Advisory Agency The designated advisory agencies set forth in this section shall have the duty of making investigations and reports on the design and improvement of proposed applications for the division of real property and imposing requirements and conditions thereon, and shall have the authority act on upon such applications as set forth below. The City Planner and City Engineer shall have the authority to refer an application to the Planning Commission for action, and the Planning Commission shall have the authority to refer an application to the City Council for action, as indicated in this section. TABLE 152.10 R Recommending Authority Designated,Approving F Final Action Authority Authorities A Appeal Authority Approving Authority Planning Type of Map or Action City Engineer City Planner ,;:: Commission ; `;City Councilor Lot Line Adjustment F A A Parcel Map R F A Tentative Map R F A Vesting Tentative Map R A A Final Map F A A Process and Review R Reversion to Acreage Map F A A Process and Review R Amended Map F A A Process and Review R Certificates of Compliance F A A Process and Review R Subdivision Improvement Plan F A A Lot Merger F A A Extension of Time—Tentative F A A Map Subdivision Regulations 3 Adopted May 2,2012 TABLE 152.10 R Recommending Authority Designated Approving F Final Action Authority Authorities- A Appeal Authority Approving Authority Planning Type of Map or Action City Engineer City Planner . Commission ; City Council1) Commercial Condominium Conversion R F A Residential Condominium Conversion R F A Note: (1)Decisions of the City Council are final. Notwithstanding the provisions of this section, any application pursuant to this chapter that has an associated application made pursuant to the provisions of the Zoning Code and is subject to action by the Planning Commission or City Council,such application shall be subject to those same review and hearing requirements required for the Zoning Code application. B. Appeal Board The Planning Commission shall be the appeal board for any decision of the City Engineer or City Planner. The City Council shall be the appeal board for any decision of the Planning Commission. C. City Engineer The City Engineer shall be responsible for the following: 1. Establishing subdivision and public improvement design and construction details, standards and specifications. 2. Determining whether proposed subdivision improvements comply with the provisions of this chapter and the Subdivision Map Act. 3. Certifying final maps, reversion to acreage maps and amended maps,based on direction provided by the City Planner,for substantial compliance with approved tentative maps. 4. Certifying certificates of compliance based on direction provided by the City Planner. 5. Processing and approving subdivision improvement plans. 6. Inspecting and approving of subdivision improvements. 4 Subdivision Regulations Adopted May 2,2012 7. Approving final parcel maps involving no offers of dedication or improvements, with the authority to refer such to the City Council for action. 8. Providing assistance to the City Planner on the review of lot line adjustments. 9. Processing and acting to approve, approve with conditions or deny lot mergers. 10. Reviewing and acting upon time extension requests for approved tentative and vesting tentative maps. D. City Planner The City Planner shall be responsible for the following: 1. Accepting tentative map,parcel map,lot line adjustment, certificate of compliance, reversion to acreage,commercial and residential condominium conversions and similar applications for processing;and distributing such application materials to appropriate agencies and city divisions for review. 2. Processing and reviewing final maps, reversion to acreage maps,certificates of compliance and amended maps, and making recommendations thereon prior to certification by the City Engineer. 3. Processing and acting to approve, approve with conditions or deny lot line adjustments. 4. Investigating parcel map,tentative map,vesting tentative map, and condominium conversion applications for conformity to the general plan, applicable specific plans and the zoning code, and in consultation with other city departments, recommending action to the Planning Commission. 5. Conducting environmental analyses related to proposed applications pursuant to the California Environmental Quality Act set forth in California Public Resources Code§§21000 et seq. E. Planning Commission The Planning Commission shall be responsible for the following: 1. Taking action to approve, approve with conditions or deny tentative map and parcel map applications. 2. Hearing appeals of decisions of the City Engineer and City Planner. Subdivision Regulations 5 Adopted May 2,2012 3. Reviewing and taking action to approve, approve with conditions or deny commercial condominium and residential condominium conversion applications. F. City Council The City Council shall be responsible for the following: 1. Accepting offers of dedication and improvements for divisions of land resulting in five or more parcels. 2. Taking action to approve, approve with conditions or deny any application referred by another advisory agency or by appeal, or any land division application with an associated application filed pursuant to the requirements of the Zoning Code. § 152.12 IMPROVEMENTS AND DESIGN A. Minimum Improvements Required for Approval No subdivision shall be approved unless those on-site and off-site improvements which are found by the City Engineer to be reasonably necessary to service the lots being created, are constructed or guaranteed to be constructed by the subdivider,which include,but not limited to,the following improvements: 1. An adequate domestic water distribution system designed and constructed to service each lot proposed to be created. 2. An adequate sewage system designed and constructed to serve each lot proposed to be created. 3. An adequate storm water drainage system designed and constructed to serve each lot proposed to be created. 4. An adequate public and/or private street and/or alley system designed and constructed to serve each lot proposed to be created. 5. Adequate systems designed, and constructed to provide all necessary utilities to each lot proposed to be created,including,but not limited to, facilities for water, natural gas,electricity,cable television and telecommunications telephone services. 6. An adequate traffic regulatory system,including necessary traffic signals, signs, pavement markings and stripings. 6 Subdivision Regulations Adopted May 2,2012 7. The undergrounding of utilities pursuant to chapter 97,part 2(Underground Utility Districts)of the Municipal Code. 8. Any and all other improvements found necessary by the advisory agency and/or the appeal board to provide all services to each lot proposed to be created. A. Design Requirements The design of the subdivision shall conform to the requirements of this chapter, any and all design requirements set forth in the General Plan, the design and development standards established for the associated zoning district per the Zoning Code,the applicable design guidelines set forth in the Design Guidelines Manual, generally accepted engineering standards, and to such standards required by the advisory agency and/or the appeal board,including,but not limited to,plans for grading and erosion control. B. Reimbursement for Supplemental Improvements The city may require that improvements installed by a subdivider for the benefit of the subdivision shall contain supplemental size, capacity or number for benefit of property not within the subdivision, and that the improvements be dedicated to the public. If improvements containing supplemental size, capacity or number are required to be installed,the city shall enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of the improvements equal to the difference between the amount it would have cost the subdivider to install the improvements to serve the subdivision only and the actual cost of the improvements. Any such reimbursement agreement shall be funded,exclusively,in the manner described and contemplated in the Subdivision Map Act. C. Time for Construction of Improvements on Subdivisions of Fewer than Five Parcels and Designated Remainder Parcels The time of fulfillment of construction requirements for improvements for subdivisions of fewer than five parcels and on designated remainder parcels as defined in California Government Code§66424.6 may be established by agreement between the city and the subdivider. In the absence of such an agreement,fulfillment of the construction requirements shall not be required until such time as a permit or other grant of approval for development is issued by the city,or within a reasonable time following approval of the final parcel map or tract map and prior to the issuance of a permit and other grant of approval for development upon a finding by the city that fulfillment of the construction requirements is necessary for the public health and safety or is a necessary prerequisite to the orderly development of the surrounding area. Subdivision Regulations 7 Adopted May 2,2012 § 152.14 TENTATIVE PARCEL MAPS AND TRACT MAPS A. When Required A tentative map shall be submitted for subdivisions for which a parcel map or tract map is required by the Subdivision Map Act. The requirements set forth in this section shall apply to all applications for tentative parcel and tract maps. B. Application and Filing Fees Required An application shall be filed on forms provided by the City Planner. Such application shall be accepted for filing by the City Planner only upon payment by the applicant of a filing and processing fee in a sum set by resolution of the City Council. An applicant may,in writing,withdraw the application at any time during the processing of the same. However,in accordance with adopted city policy, any refund of any of the filing and processing fees paid in connection with the application may occur on a pro-rated basis. Within 30 days of receiving an application and the application filing fee, the City Planner shall inform the applicant in writing whether the application is deemed complete for the purpose of Chapter 4.5 of Division 2 of Title 7 of the California Government Code (commencing with§66498.1). C. Submission of Tentative Maps 1. Submission of a tentative map shall not constitute filing with the city until all attachments and required statements,instructions,environmental forms and clearances, and a completed application form with appropriate fees are deposited with the City Planner and a written receipt is provided to the applicant. Included with the application shall be a signed statement indicating whether the project site is located on a site included on any of the local lists prepared by the California Integrated Waste Management Board pursuant to California Government Code§§65962.5(d) and(f). 2. For tentative maps proposing the subdivision of real property for the purposes of residential development for five or more dwelling units, the applicant shall also provide architectural renderings of the units, as specified on applicable application forms. 3. The subdivider shall file with the City Planner the number of tentative maps the City Planner shall deem necessary, together with evidence as to the ownership of the land proposed to be divided. 4. Failure to submit all materials and statements required by this chapter shall constitute grounds for rejection of the application. 8 Subdivision Regulations Adopted May 2,2012 5. Upon accepting a complete tentative map application, the City Planner immediately shall forward copies of the application to all affected agencies and city divisions for review and comment. D. Environmental Review The City Planner,upon receipt of each tentative map application, shall conduct an environmental analysis pursuant to the requirements of the California Environmental Quality Act(Public Resources Code§§21000 et seq.). If a draft environmental impact report is required, the application for tentative map approval shall not be considered completed until an environmental impact report is ready for presentation to the Advisory Agency. E. Planning Commission Action Specific to Tentative Maps and Parcel Maps 1. The Planning Commission shall approve, conditionally approve or deny a parcel map or tentative map application within 60 days from the date of adoption by the lead agency of a negative declaration or determination that the project is exempt from the California Environmental Quality Act, or if an environmental impact report is required,within 180 days after certification of the final environmental impact report, as defined by the California Environmental Quality Act. 2. The Planning Commission shall hold a noticed public hearing on a parcel map and a tentative map;notice of such public hearings shall be given in the manner required by the Subdivision Map Act. In the absence of a timely filed written appeal, the decision of the Planning Commission shall be final and conclusive. F. Appeals 1. Any person dissatisfied with an interpretation or action of the Planning Commission may appeal such action to the designated City Council.Appeals shall be filed within 10 days following the date of determination or action for which an appeal is made and shall be accompanied by a filing and processing fee, as determined by resolution of the City Council. All appeals shall be in writing, identifying the action being appealed and specifically stating the basis or grounds of the appeal. 2. Prior to an action of the Planning Commission becoming final, the City Council may elect to review, de novo, the decision. The determination by the City Council shall be deemed an appeal from such decision. 3. Upon the filing of an appeal or City Council action to review the decision, a noticed public hearing shall be held expeditiously. Notices of the public hearing Subdivision Regulations 9 Adopted May 2,2012 shall be given as required by the Subdivision Map Act. Following the conclusion of the hearing, the City Council shall expeditiously render its decision affirming, modifying or disapproving the determination of the Planning Commission. G. Extension of Processing Time Limits The time limits for acting on maps and associated appeals, as specified in this chapter and by the Subdivision Map Act,may be extended by mutual consent of the applicant and the city. A waiver of time limits may be required as a condition of accepting an application for,or processing of,maps for the purpose of permitting concurrent processing of related approvals and/or an environmental analysis. H. Time Extensions for Approved Tentative Maps 1. Requests for time extensions for the filing of final maps relating to approved tentative maps, as permitted by the Subdivision Map Act, shall be submitted to the City Engineer not less than 30 days before the map is due to expire. The City Engineer shall review the request and act to either approve or deny the extension. The aggregate period of time for all extensions shall not exceed the limits established by the Subdivision Map Act. If the City Engineer denies an application for a time extension, the subdivider may appeal to the Planning Commission within 10 days after the effective date of the denial of the extension. 2. If a lawsuit has been filed and is pending in a court of competent jurisdiction affecting the validity of the approval or conditional approval of a tentative map, the subdivider may apply to the city within 10 days of the service of the initial petition or complaint upon the city for a stay of the time in which a map will expire. Within 40 days after receiving the request, the City Engineer shall stay the map's expiration date until final conclusion of the action,if the action affects the validity of the tentative map approval. Amendments to Approved Tentative Maps 1. Minor changes to an approved tentative map or to an approved parcel map may be approved by the City Planner upon written application by the subdivider, provided that: a. No lots are added, deleted or substantially altered. b. No proposed building locations are substantially altered. c. Such changes are consistent with the intent and spirit of the original tentative map approval. d. There are no resulting violations of this chapter,the Subdivision Map Act or other applicable laws. 10 Subdivision Regulations Adopted May 2,2012 2. Minor changes are defined to be such revisions as adjusting lot line locations or moving planned driveway locations,provided such revisions are consistent with the provisions of subparagraph 1 of this section. 3. Changes other than minor changes to tentative maps or approved parcel maps shall be processed in the same manner as the application for the original approval. An approved amendment shall not effect the expiration date of the tentative map approval,nor extend any right pursuant to a vesting tentative map. 4. All amendments shall be indicated on the approved map and certified by the City Planner and City Engineer. J. Waiver of Parcel:When Permitted and Requirements 1. Pursuant to§66428(b) of the Subdivision Map Act, the City Planner may waive the requirement for a parcel map if the City Planner finds that the proposed division of land complies with the requirements of this chapter and the Subdivision Map Act and in particular, that the proposed division of land meets the minimum requirements imposed on land divisions with regard to area, improvement and design, floodwater drainage control, appropriate improved public roads,sanitary disposal facilities,water supply availability, environmental protection and other requirements imposed by this chapter and the Subdivision Map Act. The City Planner shall prepare written findings to document the parcel map waiver. 2. Such waiver may in particular apply to the construction of a commercial or industrial condominium project on a single parcel,provided that such division of land and meets the minimum requirements of this chapter(specifically§152.34 of this chapter) and the Subdivision Map Act. 3. A parcel map waiver may be conditioned to ensure compliance with the provisions of this chapter. 4. In any case where the requirement for a parcel map is waived by the City Planner, a tentative map, at the discretion of the City Planner,may be required. § 152.16 FORM AND CONTENT OF TENTATIVE MAPS A. Tentative maps shall be prepared by or under the direction of a registered civil engineer or a licensed surveyor. B. The tentative map shall be clearly and legibly drawn on one sheet. Whenever practicable,map sheets should be no less than 18 by 26 inches. In no case shall the scale Subdivision Regulations 11 Adopted May 2,2012 be less than one inch to 80 feet. All lettering shall be one-eighth-inch minimum. The map shall contain, at a minimum, all of the following, as well as any additional information that may be specified in required application forms: 1. A title,which shall contain the subdivision number, subdivision name and type of subdivision. 2. Name and address of the legal owner, the subdivider and person preparing the map,including registration or license number. 3. A sufficient legal description to define the boundary of the proposed subdivision. 4. Date,north arrow, scale, contour interval and source and date of existing contours. 5. Existing and proposed land use. 6. A vicinity map showing data sufficient to locate the proposed subdivision and show its relation to the community. 7. Existing topography of the proposed site and at least 100 feet beyond its boundary, including,but not limited, to the following. a. Existing contours at one foot intervals. b. The approximate location of all trees standing within the boundaries of the division of land and indication as to which trees are to be removed. The location of all trees with a diameter greater than six inches,measured three feet above grade, shall be indicated, and a statement on the existing ground cover shall also be submitted. c. The approximate location and outline of existing structures identified by type. Structures to be removed shall be so marked. d. The approximate location of all areas subject to inundation or storm water overflow and the location,width and direction of flow of each water course. e. The location, pavement and right-of-way width,grade and name of existing streets or highways. f. The widths,location and identity of all existing easements. g. The location and size of existing sanitary sewers,water mains and storm drains, and the approximate slope of existing sewers and storm drains shall be indicated. The location of existing overhead and underground utility lines on peripheral streets shall be indicated. 12 Subdivision Regulations Adopted May 2,2012 C. Proposed improvements required to be shown shall include,but not be limited to, the following: 1. The location, grade,centerline and curb return radii and arc length of curves, pavement,right-of-way width and name of all proposed and existing adjacent streets. 2. Typical sections of all existing and proposed streets. 3. The location,width and nature of all easements. 4. The approximate lot layout and the approximate dimensions of each lot and of each building. The data shall show the approximate finished grade of each lot. 5. Location and nature of all proposed recreation facilities. 6. Location and nature of all proposed common areas and areas to be dedicated for public open space or reserved for common private open space. 7. The location,elevation and size of existing and proposed sanitary sewers,water mains and storm drains. 8. Location and nature of all proposed slopes. 9. Dimensions of setbacks for proposed structures. 10. Phasing lines for proposed developments. D. The name or names of any geologist or soils engineer whose services were utilized in the preparation of the design of the tentative map. E. The tentative map shall be accompanied,at a minimum,by the following data or reports,as well as any additional data and reports that may be required by the City Planner to facilitate review of the tentative map: 1. Title report. A preliminary title report dated no older than within four months of the filing date of the tentative map. 2. Owner's affidavit. The subdivider shall submit written verification that the fee owner or owners of the realty have consented to the filing of the tentative map. Subdivision Regulations 13 Adopted May 2,2012 § 152.18 REQUIREMENTS FOR FINAL TRACT MAPS AND PARCEL MAPS A. Form and Content The form and content of final tract maps and parcel maps shall be as required by the Subdivision Map Act and this chapter. B. Authorized Preparers A final tract map or parcel map shall be prepared by,or under the direction of, a registered civil engineer or licensed land surveyor. Such maps shall be based upon a field survey made in conformity with the Professional Land Surveyors Act and as required by this chapter. C. Certificates and Acknowledgments Prior to filing, the certificates and acknowledgements required by the Subdivision Map Act and this chapter shall appear on the final map and may be combined where appropriate. Such certificates and acknowledgments shall appear on the face of the map unless the City Engineer advises the subdivider that the certificates and acknowledgments are to be made by separate instrument. If a certificate or acknowledgment is made by separate instrument, the final map shall include a reference to the separately recorded documents. D. Monuments The number, type and location of monuments shall be as set forth in the Subdivision Map Act and this chapter, and shall conform to standards prescribed in the California Business and Professions Code§8771. E. Documentation Required for City Review and Approval The subdivider shall submit prints of the final map to the City Planner for checking, who shall distribute the final map to other city departments and agencies for review. The preliminary prints shall be accompanied by plans, reports and documents in a form as approved by the city Planner, including,but not limited,to the following: 1. Improvement Plans. Improvement construction plans as required by the City Engineer. 2. Soils Report a. A preliminary soils report,based upon test borings and prepared in conformance with the requirements of California Building Code, as it may be amended and as referenced in§ 150.001 of the Municipal Code, shall be required for all tract maps and for those parcel maps which involve commercial or industrial development. The soils report shall be prepared by a civil engineer registered in the State of California. The requirement of a preliminary soils report may be waived or reduced in 14 Subdivision Regulations Adopted May 2,2012 scope by the City Engineer if,in his/her opinion, the soil characteristics in the vicinity of the proposed subdivision have been established by previous analyses. b. Parcel maps which propose the construction of single-family dwellings shall require the preparation of a report which includes the subsurface soil classification,as well as the results of an expansive index test. 3. Title Report.A title report prepared by a title insurer,with the title report required to be dated no older than within four months of the final map. 4. Improvement Cost Estimate. An improvement cost estimate,which shall include all improvements within public rights-of-way,easements,common areas,on-site and off-site drainage improvements and utility trench backfill as provided by the developer, except for those utility facilities to be installed by a utility company under the jurisdiction of the California Public Utilities Commission. 5. Deeds for Easements and Rights-of-way.Deeds for easements or rights-of-way required which are not proposed to be dedicated on the final map. The subdivider shall provide written evidence acceptable to the city in the form of rights of entry or permanent easements across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of facilities,if required. 6. Traverse Closures. Traverse closure calculations for the boundary blocks,lots, easements,street centerlines and monument lines. 7. Hydrology and Hydraulic Calculations.Complete hydrology and hydraulic calculations. 8. Organization Documents. Any proposed declaration of covenants,conditions and restrictions and all other organization documents for the subdivision in a form as prescribed by the California Civil Code§1355. All such documents shall be subject to review and approval by the Director of Community Development and the City Attorney. 9. Letter of Certification from Water Agencies. The subdivider shall submit written certification from the affected water provider that adequate domestic water facilities are or will be available to serve the proposed project and that all necessary financial arrangements have been made to ensure construction of such facilities. Where a water supply assessment is required pursuant to the California Water Code,such shall be provided. 10. Other Reports. Any additional data,calculations reports,or information as required by the City Planner. Subdivision Regulations 15 Adopted May 2,2012 F. Approval of Final Map Required by City Council 1. Each final map filed for approval,together with any improvement agreements, shall be subject to approval by the City Council. Action by the City Council shall only occur after all required certificates on such map have been signed and, where necessary, acknowledged. The planned action by the City Council shall appear on a City Council agenda as a consent calendar item. 2 The City Council shall, at the meeting at which the final map is scheduled for consideration,shall act to approve the final map if it conforms to all the applicable requirements of the Subdivision Map Act and this chapter. Such action shall include a statement regarding the acceptance, acceptance subject to improvement or rejection, on behalf of the public, of any real property offered for dedication to the public in conformity with the terms of the offer of dedication. If the final map does not so conform, the City Council shall not approve such map. 3. In the circumstance whereby a final map does not include any offers for dedication or improvement,the City Engineer shall review final maps and shall approve each such map if the map conforms to the applicable requirements of this chapter and the Subdivision Map Act. If the final map does not so conform, the city council shall not approve such map. G. Findings Required for Action Not to Approve a Final Map or Parcel Map If a final tract map or parcel map is not approved due to its failure to meet any of the requirements imposed by the Subdivision Map Act or this chapter, such disapproval shall be accompanied by findings identifying the requirements which have not been met or performed. Approval of a final tract or parcel map shall not be withheld when the failure of the map to comply is the result of a technical and inadvertent error which,in the determination of the City Council or, in the case of a parcel map not involving any offers of dedication or improvement, in the determination of the City Engineer, does not materially affect the validity of the map. H. Recording of Final Maps and Parcel Maps After a final tract map or parcel map has been approved as provided in this chapter, the map shall be transmitted to the County Recorder for recordation. § 152.20 REVERSION TO ACREAGE Subdivided real property may revert to acreage by the filing of a parcel map in accordance with the provisions of this chapter and the Subdivision Map Act,specifically, California Government Code§§66499 to 66499.20 3/4 as they relate to Reversion To Acreage, as they may be amended. Notwithstanding any other provisions of this chapter, a public hearing before the City Council shall be required for any proposed Reversion to Acreage application. 16 Subdivision Regulations Adopted May 2,2012 § 152.22 DEDICATIONS A. Authority to Require Dedications The city shall have the authority to impose conditions of approval on a final tract map or parcel map requiring the subdivider to dedicate or make an irrevocable offer of dedication of real property for streets and alleys, including,but not limited, access rights and abutters' rights, drainage,public utility easements and other public easements. B. Acceptance or Rejection of Offer of Dedication At the time the City Council approves a final tract map or a parcel map involving offers of dedication, it may accept, accept subject to conditions or reject dedications or offers of dedication. The City Clerk shall certify on the map the action of the City Council. § 152.24 LOT LINE ADJUSTMENTS A. Conditions for Permitting Lot Line Adjustments Lot line adjustments shall be permitted, provided that the following provisions are complied with: 1. Application Requirements Any person desiring to obtain approval of a lot line adjustment shall file a plat map with the City Planner, together with a filing and processing fee in an amount as may be required by resolution of the City Council. The map shall contain at a minimum the following information: a. Name and address of owner(s)whose properties are shown on the map b. North arrow c. Scale of map d. Date of preparation e. The name, location, and width of all streets and alleys abutting the property f. Tract and lot identification, lot lines,bearings and dimensions of each of the two lots g. Approximate location of existing improvements,buildings and permanent structures h. Location and width of all easements upon or abutting the properties i. The location of the proposed lot boundary line adjustment,together with all applicable dimensions and bearings j. The signatures of all owners of lots involved in such boundary line adjustment,with a owner affidavit provided for each affected property k. Any other information required by the City Engineer Subdivision Regulations 17 Adopted May 2,2012 2. Survey May Be Required The City Engineer may, at his discretion, require a survey of the properties involved,if he/she finds the same necessary in order to provide an adequate description of the subject properties. B. Processing of Lot Line Adjustment Application;Findings Required for Approval 1. The City Planner,based on recommendations from the City Engineer, shall approve a lot line adjustment map if the following findings can be made: a. No street or alley dedication or improvements are necessary to properly service the properties involved in the proposed boundary adjustment. b. The lots, as proposed by the boundary line adjustment,will conform, in all respects, to the provisions of this chapter and the Zoning Code. c. The new lot line is located in such a manner so as not to substantially alter the size and shape of the existing lots,with substantially alter defined to be not reducing the lot size by more than 10 percent. d. That all record owners, trust deed holders and lien holders consent in writing to the lot line adjustment. e. A title report prepared by a title insurer,with the title report required to be dated no older than within four months of the filing date of the lot line adjustment application, is submitted. 2. Where the City Planner finds all of the above facts to be present, the City Planner shall approve the lot line adjustment. Thereafter,the owner or owners of the lots involved shall record a map,in a form approved by the City Engineer. 3. If the City Planner finds any of the foregoing facts not present,the lot line adjustment shall be denied and the applicant shall be advised thereof. In case of denial,the applicant shall have the option of appealing the decision to the Planning Commission or filing a parcel or tract map. § 152.26 VESTING TENTATIVE MAPS A. Purpose The purpose of this section is to establish procedures necessary for the implementation of the provisions of the Subdivision Map Act relating to vesting tentative maps. B. Application Filing 1. Whenever a provision of the Subdivision Map Act or this chapter requires the filing of a tentative map or tentative parcel map, a vesting tentative map may instead be filed. 18 Subdivision Regulations Adopted May 2,2012 2. A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports, and shall be processed in the same manner as is required of tentative maps pursuant to this chapter,except as hereinafter expressly otherwise provided. 3. At the time a vesting tentative map is filed,it shall have printed conspicuously on its face the words "Vesting Tentative Map." 4. At the time a vesting tentative map is filed, a subdivider shall also supply the following information: a. Height, size and location of buildings b. Sewer,water,storm drain and road details. c. Information on the uses for the proposed buildings d. Detailed grading plans e. Soils report f. Flood control information g. Any other studies or data required by the City Engineer C. Expiration The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, established by the Subdivision Map Act and/or this chapter for the expiration of the approval or conditional approval of a tentative map. D. Vesting on Approval of Vesting Tentative Map The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in accordance with California Government Code§ 66474.2 of the Subdivision Map Act. However, if California Government Code§66474.2 is repealed, the approval or conditional approval of a vesting tentative map shall be deemed to have conferred a vested right to proceed with development in substantial compliance with the ordinances,policies and standards in effect at the time the vesting tentative map is approved or conditionally approved. E. Expiration of Vested Rights The vested rights referred to in this chapter shall expire if a final map is not approved prior to the expiration of the vesting tentative map, as provided in the Subdivision Map Act. If the final map is approved, the vested rights shall last for the following periods of time: 1. An initial time period of one year. Subdivision Regulations 19 Adopted May 2,2012 2. A subdivider may apply for a one-year extension within 30 days prior to expiration as set forth in subparagraph(1). The City Planner shall have the authority to approve or deny the extension pursuant to the provisions of the Subdivision Map Act. If the extension is denied,the subdivider may appeal that denial to the Planning Commission within 15 days after the denial. § 152.28 MERGERS A. Purpose This section is provided pursuant to Article 1.5—Merger of Parcels of the Subdivision Map Act(commencing with§§66451.10 et seq.)for the purpose of establishing the authority of the city to require the merger of two or more parcels or units of land held by the same owner. B. Where These Provision Do Not Apply This section shall not apply to the sale, lease or financing of one or more contiguous parcels or units of land which have been created under the provisions of city ordinances regulating the division of real property and the Subdivision Map Act, applicable at the time of their creation, or to parcels which were not subject to such provisions at the time of their creation, even though the contiguous parcels or units are held by the same owner. However,if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size to permit use or development pursuant to the Zoning Code and the standards established by paragraph C of this section, then those parcels or units shall be merged. C. Unmerged Parcels Prior to January 1, 1984 Any parcels or units which were deemed unmerged,prior to January 1, 1984,under the Subdivision Map Act and which have not been merged subsequently shall be considered separate parcels for purposes of this section. D. Merger of Nonconforming Contiguous Parcels under Single Ownership Contiguous parcels or units of land held by the same owner on the date that notice of intention to determine status is filed shall be merged if one of the parcels or units does not conform to the minimum parcel size to permit use or development set forth in the Zoning Code and if all of the following requirements are satisfied: 1. At least one of the affected parcels has any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit. 2. With respect to any affected parcel, one or more of the following conditions exists: 20 Subdivision Regulations Adopted May 2,2012 a. Comprises less than 5,000 square feet in area at the time of the determination of merger. b. Was not created in compliance with applicable laws and ordinances in effect at the time of its creation. c. Does not meet current standards for sewage disposal and domestic water supply. d. Does not meet slope stability standards. e. Has no legal access which is adequate for vehicular and safety equipment access and maneuverability. g. Its development would create health or safety hazards. h. Is consistent with the General Plan and any applicable specific plan, other than minimum lot size or density standards. 3. Subparagraph(2) above shall not apply if any of the conditions stated in California Government Code§66451.11(A), (B), (C), (ID) or(E)of the Subdivision Map Act exist. E. Proceedings for Notice of Intention to Determine Status 1. Whenever the City Engineer has knowledge that real property has merged pursuant to this section,the City Engineer shall mail by certified mail to the current record owner of the property a notice of intention to determine status. The notice of intention shall state that the affected parcels may be merged pursuant to this section;that the owner may request,within 30 days from the date the notice of intention was recorded, a hearing before the Planning Commission to present evidence that the property does not meet the standards for merger; and that the notice of intention was recorded with the County Recorder on the date the notice of intention was mailed. Upon receipt of a request for a hearing, the City Engineer shall set the hearing for a date not less than 30 days but not more than 60 days from the date of receipt of the request. The property owner shall be notified of the hearing by certified mail. After the hearing,the city shall determine whether the affected property has merged pursuant to this section. A determination of non-merger may be made whether or not the affected property meets the standards for merger specified in paragraph(D)(1) of this section. The decision shall be made and notification of the decision shall be mailed to the property owner within five working days of the date of the hearing. 2. If the parcels have merged,the City Engineer shall file a notice of merger with the County Recorder within 30 days from the date of the hearing,unless the decision has been appealed as provided in subparagraph(3) above. The notice of merger shall specify the name or names of the record owner or owners, and shall Subdivision Regulations 21 Adopted May 2,2012 particularly describe the real property. If the parcels have not merged,the City Engineer shall record a release of the notice of intention within 30 days from the date of the decision, and shall mail a copy of the release to the owner. If no hearing is requested, the decision shall be made not later than 90 days after the mailing of the notice of the opportunity for a hearing. 3. If the owner requested a hearing,the decision of the Planning Commission may be appealed to the City Council within 10 calendar days of the date of mailing the notice of decision by filing a written appeal with the City Clerk. A fee established by City Council resolution shall be paid at the time of filing the appeal. Upon receipt of an appeal and payment of the fee, the City Clerk shall place the matter on the Council agenda not less than 30 but not more than 60 days from the date of the appeal. If after a hearing the Council grants the appeal, the City Clerk shall record within 30 days with the County Recorder a release of the notice of intention. If the appeal is denied, the City Clerk shall within 30 days record a notice of merger with the County Recorder. A copy of either the release or the notice of merger shall be sent to the owners. § 152.30 UNMERGER Any parcel or unit of land which merged pursuant to the provisions of any law prior to January 1, 1984,but for which a notice of merger was not recorded on or before that date are deemed unmerged if on January 1, 1984, all of the criteria established by California Government Code§ 66451.30(a) of the Subdivision Map Act are met and if none of the conditions of California Government Code§66451.30(b) of the Subdivision Map Act exist. Upon request of an owner, the City Engineer shall file a certificate of compliance whenever the City Engineer determines that a parcel is unmerged pursuant to this section. § 152.32 REQUEST FOR DETERMINATION OF MERGER A. A property owner may request that the City Engineer determine whether property has merged under§152.28, or is deemed unmerged under§ 152.30, of this chapter. A request for determination shall be made in writing and shall be accompanied by a fee established by City Council resolution. B. Upon determination that property has merged,the City Engineer shall issue to the owner and record with the County Recorder a notice of merger. C. Upon determination that property is deemed unmerged,the City Engineer shall issue to the owner and record with the County Recorder a certificate of compliance showing each parcel as a separate parcel. 22 Subdivision Regulations Adopted May 2,2012 §152.34 COMMERCIAL CONDOMINIUMS A. Purpose This section sets forth requirements for commercial condominium subdivisions, including the establishment of development standards for commercial condominium subdivisions intended to safeguard the health and safety of the community and the purchaser. B. Application In addition to the materials and fees required for a tentative map by this chapter,the subdivider shall provide: 1. A development plan of the project, including location, orientation and sizes of structures;exterior architectural elevations;parking layout and access to buildings;loading areas;and driveway locations and other access improvements. 2. A preliminary landscaping plan of the project indicating types and sizes of landscaping materials and permanent irrigation facilities,prepared by a person licensed to prepare such plans by the State of California. 3. A preliminary exterior lighting plan of the project indicating location and nature of lighting and lighting fixtures in common exterior areas. 4. The proposed condominium documents, including those portions of the covenants, conditions and restrictions that apply to the conveyance of units;the prohibition of the assignment of parking and a proposed mechanism for resolving parking issues,; and the management and maintenance of common areas and improvements. 5. Such other information which the City Planner determines is necessary to evaluate the proposed project. C. Standards The following criteria shall be evaluated when approving or denying a commercial condominium: 1. Architectural and Site Design. Architectural evaluation shall include,but not be limited,to the following: an air space plan;the general appearance of the proposed development;the design of all exterior surfaces of the buildings;and general architectural and site considerations;including site layout,topography, open space,location of buildings, access, circulation, colors,building materials, screening,lighting, signing and similar elements,that have been designed to provide an attractive and internally cohesive environment, and to avoid impact on surrounding uses and properties. Subdivision Regulations 23 Adopted May 2,2012 2. Landscaping. All setback areas fronting on or visible from an adjacent public street and all open space areas shall be landscaped in an attractive manner consistent with the zoning requirements for the zoning district in which the project is located. The Advisory Agency may require additional landscaping improvements as may be appropriate to achieve high-quality design. 3. Lighting. The subdivider shall install an on-site lighting system on all vehicular access ways and along major walkways subject to the approval of the Advisory Agency. 4. Lot Coverage. Lot coverage shall conform to requirements of the zoning district in which the commercial condominium is proposed. 5. Open Space—Common. Functional common open space areas shall be designed and located within the project to afford use by all owners of the project. 6. Trash and Recycling Collection Area. Trash and recycling collection areas shall be provided as required by Zoning Code, and sized appropriately to accommodate trash and recycling. Screening walls or other structures shall be provided as required by the Zoning Code. 7. Signage. The property owner(s)shall comply with all applicable sign provisions contained in the Zoning Code. 8. Streets. The width of public rights-of-way and streets abutting the property shall conform to the minimum standard of the circulation element of the General Plan. 9. Structural and Electrical. A commercial condominium project is to be subject to the structural requirements contained in the Municipal Code. Each unit shall have its own circuit breaker panel for all electrical circuits and outlets which serve the unit. The panel shall be accessible to the tenant without leaving the unit. 10. Covenant, Condition, and Restrictions (CC&Rs). CC&Rs must be prepared in a form and with content acceptable to the City Attorney, and at a minimum shall include provisions for the formation of a condominium association, common area maintenance, clear designation of parking and signage rights and a method for resolving differences. 24 Subdivision Regulations Adopted May 2,2012 §152.36 RESIDENTIAL CONDOMINIUM CONVERSIONS A. Purpose This section establishes regulations for the conversion of residential apartments into condominiums.These regulations work to provide for the housing needs for all economic segments of the community while also protecting the rights of tenant; 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. B. Application,Fees and Deposits Required In conjunction with the application required for tentative maps,the following additional items shall be submitted: 1. A condominium conversion application. 2. Tenant and rental information which shall consist of the name and address of each present tenant of the project and the identification of the vacant units. 3. Schedule of proposed improvements which shall be made to the project prior to sale of individual units;such list shall not prohibit the applicant from making additional improvements. 4. A site plan of the project,including the location and sizes of structures,parking layout, a plan for open space areas and configurations and vehicular and pedestrian access areas. C. Building Conditions/Inspections 1. As part of the application review process,the premises shall be inspected by the Building Official, as defined in§ 150.007, to evaluate the condition of the structure(s).All inspection costs shall be incurred by the subdivider. 2. The Building Official shall inspect all structures and premises for 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 building permit and/or other permit issuance. 3. The responsible fire agency shall inspect all structures and premises to determine the sufficiency of fire protection systems serving such structures and premises, report on any deficiencies and indicate which deficiencies are required to be corrected by law. 4. The City Planner shall inspect all structures,improvements, and premises for compliance with the Zoning Code requirements applicable to the project. Subdivision Regulations 25 Adopted May 2,2012 D. Noticing and Tenants Rights Noticing shall be required as provided in the Subdivision Map Act and shall include, but is not limited to,the following: 1. At least 60 days prior to submittal of the tentative tract map and application to the city for processing, the owner or subdivider shall send a notice to each and every tenant in the building(s)to be converted. Such notice shall contain information as specified by the city and shall be delivered in a manner that provides for proof of delivery. 2. A least 60 days prior to submittal of the tentative tract map, the owner or subdivider shall give written notice of the intent to convert to each person applying for rental of a unit in the subject property immediately prior to acceptance of any rent or deposit from the prospective tenant. 3. The city shall provide each tenant with written notification of planned public hearings for the application for conversion. 4. Within 10 days of submittal of an application for a subdivision public report to the California Department of Real Estate,the owner or subdivider shall give written notice of such to each tenant, and each tenant shall be advised that upon issuance of such report,it will be made available to any tenant upon request,free of charge. 5. At least 180 days prior to termination of tenancy due to the conversion or proposed conversion, the owner or subdivider shall provide each tenant with 180 days written notice of the intention to convert. 6. Each tenant shall be given an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or on terms more favorable to the tenant, and such exclusive right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report by the California Department of Real Estate. 7. No units may be sold in the building proposed for conversion unless the conversion is approved by the city and until after the final tract map is recorded and a subdivision public report has been issued by the California Department of Real Estate. Unless tenants of the building proposed to be converted were given written notice of the intention to convert by the owner or owner's agent at the time the tenants signed rental or lease agreements, the subdivider shall compensate the tenants for their reasonable relocation expenses. 26 Subdivision Regulations Adopted May 2,2012 E. Development Regulations and Required Upgrades Deficiencies found during the building inspection and further, identified by the City Planner,must be corrected at the subdivider's expense to the satisfaction of the Building Official. Deficiencies found during the fire protection system inspection and deficiencies found by the City Planner during the zoning compliance inspection must be corrected as required.In addition, the subdivider shall be required to upgrade the following: 1. Electrical.Electrical system and equipment grounding must be provided. 2. Windows and Doors. All windows and doors must meet applicable window and door emergency escape/rescue requirements. 3. Building Components and Systems. Components and system with a remaining life of five years or less shall be replaced. 4. Parking. All parking must be provided in accordance with chapter the Zoning Code,including any requirement for covered and guest parking. 5. Landscaping and Irrigation Systems. Street trees, all yard landscaping,and all irrigation systems required by the Zoning Code shall be provided. 6. Pest Control.The subdivider shall repair or replace any damaged or infested areas in need of repair or replacement, as shown in the structural pest control report,which shall be prepared by a licensed structural pest control operator, and shall be dated and filed at least 30 days prior to the submittal of the final map. 7. Street Improvements.The subdivider shall improve or post a cash bond with the city guaranteeing the installation of required public right-of-way improvements to city standards.These improvements may include,but shall not be limited to, curbs, gutters, sidewalks, ramps, driveways, drainage devices,trees and tree wells and streetlights. 8. Sewer. If the apartment proposed for condominium conversion has not been levied a sanitary sewer line charge or other charges or fees required for ownership units,the subdivider shall pay any charges required by the responsible sewering authority and shall provide to the city proof of such payment. 9. Sound Attenuation.All floor-to-ceiling assemblies between separate units shall meet the standards for the sound transmission class specified in applicable building and/or health and safety codes for residential condominium units.Such Subdivision Regulations 27 Adopted May 2,2012 1 compliance shall be certified in the inspection report. No occupancy permit shall be issued absent such sound-proofing compliance. 10. Fire Detection Systems. Early-warning smoke detection systems in the living quarters and fire protection appurtenances, as required by current state and local law, shall be required for all condominium conversion subdivisions. 11. Fire Protection Systems. Fire protections systems for individual units and for the project as a whole shall be provided as required by the Fire Department and applicable city codes. §152.40 SUBDIVISION DESIGN STANDARDS A. Purpose and Applicability The purpose of this section is to establish minimum design standards for subdivisions so that all newly created subdivisions are consistent with the objectives for high design quality set forth in the General Plan,to provide for residential neighborhoods and developments that promote healthy living environments and to protect the health, safety, and welfare of the community. Unless approved by the City Council via a variance or other mechanism identified in this chapter or the Zoning Code, all subdivisions shall be subject to the following minimum subdivision design standards. B. Access to Parcels Each parcel created by any land division pursuant to this chapter shall be provided with a means of vehicle access in any of the following manners: 1. The parcel has approved access which connects with a public right-of-way. 2. The parcel has approved access which connects to a private street that is approved by the City Council. 3. For parcels zoned for and planned to support any multifamily residential use, the parcel has approved access in the form of an easement/common driveway that is recorded in the office of the County Recorder. C. Alleys The following standards apply to the establishment of an alley: 1. The minimum width for an alley serving any parcel zoned strictly for residential use shall be 20 feet. 2. The minimum width for an alley serving both residential and commercial or industrial uses shall be 25 feet. 28 Subdivision Regulations Adopted May 2,2012 3. The minimum width for an alley serving either or both commercial and industrial uses shall be 30 feet. 4. All alleys shall be provided with exterior lighting for public safety purposes, and such lighting shall be oriented in a manner that light and glare does not impact any residential use. Such lighting shall be consistent with the city lighting master plan and subject to the approval of the City Planner. 5. Residential subdivisions that provide alley access to an approved parking facility shall have the alley access designed in a manner that serves all approved parking facilities for all of the newly created parcels. 6. Any residential subdivision that includes alley access shall include provisions for an assessment district wherein the city shall be responsible for improvements and street sweeping,unless otherwise provided by a development agreement or conditions of approval. D. Parcels Adjacent to City Boundaries No city corporate boundary line shall divide any newly created parcel or parcels. E. Cul-de-Sac,Turnaround and Dead End Streets 1. The design of any cul-de-sac,turnaround or dead end street,whether public or private,shall include adequate provisions for drainage pursuant to the requirements of the Public Works Director and City Engineer. 2. The design of any cul-de-sac,turnaround or dead end street,whether public or private, shall meet the minimum requirements established by the Los Angeles County Fire Department. 3. No cul-de-sac, turnaround or dead end street,whether public or private, shall have a length in excess of 500 feet, as measured from the centerpoint of one intersection to the centerpoint of the next nearest intersection, as shown in Figure 152.40.E. 4. The subdivider shall refer to the City Engineer's Standards Manual for the design of cul-de-sac,turnaround and dead end streets. Subdivision Regulations 29 Adopted May 2,2012 Figure 152.40.E:Measurement of Distance:Cul-de-Sac,Turnaround,and Dead End Streets t r _ _ __._ .._ _ } Centerpoint of Radius I � Depth of Cul-de-Sac f ,__.._._._. Centerpoint of Street, _.:_. .,._._.-....._..._ .._... -._.... F. Curbs, Sidewalks and Parkways 1. All divisions of land shall be designed to include public rights-of-way that provide pedestrian and bicycle connections between neighborhoods and districts,consistent with the General Plan. 2. Parkways of a minimum width of 10 feet shall be provided for all public streets. Sidewalks shall be provided and have a minimum width of 5 feet. A minimum width of 5 feet shall be provided for landscaping. 3. The corners of all new streets shall include ramps that meet accessibility requirements consistent with the Americans with Disahilities Act(ADA). 4. All rights-of-ways shall be designed to meet ADA requirements. 5. The subdivider shall refer to the City Engineer's Standards Manual for the design of all street improvements, including curbs, sidewalks and parkways. 30 Subdivision Regulations Adopted May 2,2012 G. Drainage 1. Provision shall be made to convey all runoff to underground drainage facilities or other facilities approved through the discretionary permit review process. 2. As may be required by law, provision shall be made for underground retention basins or other features designed to provide for the filtration,infiltration and/or other remediation of surface runoff prior to its release into underground conveyance systems. H. Easements Public utility,sanitary sewer and drainage easements shall be provided in such locations and to such widths as required by the Public Works Director and City Engineer. Flag Lots and Through Lots 1. As set forth in§153.040.050 of the Zoning Code, the creation of flag lots is prohibited. 2. The creation of new through lots shall not be permitted unless provision is made to limit street access to one lot frontage,with such frontage to be established consistent with the frontage of the adjoining lots. J. Parcel Dimensions 1. Except for parcels created with a frontage on a cul-de-sac, no portion of a newly created parcel shall have a width that is less than the minimum required lot width specified in the Zoning Code for the zoning district in which parcel is located. 2. The minimum parcel street frontage width for parcels on a cul-de-sac shall be at least three times as wide as the minimum required driveway width. 3. The side lines of all parcels, as far as practicable, shall be at right angles to straight streets or radial to curved streets. K. Sheet or Alley Half-width Dedications Prohibited The dedication and/or construction of half-width streets or alleys shall be prohibited. The full-width of any required street or alley shall be dedicated at the time of subdivision. L. Sheet Names Street names shall be assigned in accordance with adopted City Council policy. Subdivision Regulations 31 Adopted May 2,2012 M. Streets Relation to Existing System Streets within a division of land shall be designed to relate in the following ways to adjacent existing street systems: 1. Alignment. Alignment of streets in new divisions of land shall conform to and provide for the continuation of the principal adjacent pre-existing streets or their proper projection,where adjoining property has not been developed. 2. Centerline to Centerline. As far as practicable, the streets shall be in alignment with existing adjacent streets by continuation of the centerlines thereof and by adjustments by curves. 3. Width. The streets shall be at least as wide as the pre-existing streets to which they relate and shall be situated in such a way as to accommodate rational future access and street patterns. 4. Offset. If centerlines are not aligned within five feet of each other, streets shall be offset at least 200 feet,unless otherwise approved by the Public Works Director for reasons of severe topography, one-way streets or other unusual circumstances. N. Natural Heating and Cooling The design of a subdivision shall provide,to the extent feasible,for passive or natural heating or cooling opportunities to be incorporated into the design and construction of any structures to be built within the subdivision. Consideration shall be given to configuration of the property to be divided, to design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure and to take advantage of shade or prevailing breezes. 32 Subdivision Regulations Adopted May 2,2012