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HomeMy WebLinkAboutORD 1428 ORDINANCE 1428 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING BALDWIN PARK MUNICIPAL CODE CHAPTER 150, BUILDING CODES, PART 7, PERMIT ISSUANCE, TO SET CLEAR CONSTRUCTION TIME FRAMES, CLARIFY PERMIT EXPIRATION CONDITIONS, AND ESTABLISH A TIME EXTENSION PROCESS WHEREAS, the City of Baldwin Park currently upholds and enforces time restrictions pertaining to permit issuance, expiration, and extensions; and WHEREAS, the City of Baldwin Park recognizes that the current restrictions have resulted in stagnating and/or abandoned construction sites; and WHEREAS, in order to ensure growth and development in the City, proposed projects should be followed through to completion and implementation; and WHEREAS, it has been determined that the proposed Municipal Code amendment is exempt from the California Environment Quality Act (CEQA) pursuant to Article 3, Section 15060(c)(2), which determines a project is not subject to CEQA if "the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment"; Article 3, Section 15060(c)(3) "the activity is not a project as defined in Section 15378."; and Article 5, Section 15061(b)(3) "The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA"; and WHEREAS, a duly noticed public hearing was held by the City Council of the City of Baldwin Park on June 20, 2018, to receive comments and consider recommendation to City Council of the proposed amendment; and WHEREAS, following the closing of the hearing and Council deliberation on June 20, 2018, the City Council approved the proposed amendment; and WHEREAS, the City Council has reviewed the Strikeout Version of Baldwin Municipal Code Chapter 150 Part 7 (attached as Exhibit "A" herewith and incorporated herein by reference) and finds and declares that compliance with all notice, hearing, and procedural requirements as set forth by law have been met, thus allowing the City Council to review and consider the approval of the attached amendment; and WHEREAS, the City Council hereby specifically finds that the provisions of the amendment are consistent with the General Plan of the City; and WHEREAS, the City Council hereby specifically finds that the amendment is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole; and WHEREAS, the City Council hereby specifically finds that the amendment is consistent with the provisions of California Government Code §§ 36931 — 36937; and WHEREAS, as required by law, the City Council gave first reading to the proposed ordinance on June 20, 2018. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. The City Council hereby amends in their entirety Part 7 of Chapter 150 of Title 15 of the Baldwin Park Municipal Code, to read as set forth in Exhibit A hereto, which is incorporated herein by this reference. SECTION 2. The City Council hereby finds and determines all the amendments, deletions, and additions to the Permit Issuance are necessary due to the following: 1. The proposed amendment is consistent with the General Plan goals, objectives, and policies, other adopted plans or policies applicable to the amendment. The proposed amendment intends to strengthen the existing language in the code by establishing clarity regarding construction time frames, permit expirations, and time extension procedures. The Code currently enables the City Staff to implement and exercise all of these listed actions. This amendment will set clear parameters for the construction phases in order to ensure that permits are executed in a timely and efficient manner. Greater precision and a clearly defined process will allow for more effective and meaningful implementation of the Municipal Code. 2. The proposed amendment supports the protection of the public health, safety, comfort, welfare and general prosperity of the city and its residents. The proposed amendment makes changes to the construction permitting process, which will apply to all applicants throughout the City of Baldwin Park. The intent is to prevent the stagnation and/or abandonment of construction sites. By encouraging efficiency vis-b-vis the amendment, the City will limit the nuisances inherent in construction projects such as noise, visually unattractive sites, vibrations, dust, litter, loitering, and so forth. Furthermore, as development is completed in a more efficient timeframe, the surrounding areas and City in general will be able to begin enjoying the benefits from each development sooner. 3. The proposed amendment 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. The amendment applies to the City at large and not to any specific areas, neighborhoods, individuals, or businesses in particular. The procedural changes are not expected to produce any adverse physical effects in the City. 4. The proposed amendment is consistent with the provisions of California Government Code §§ 36931 - 36937. Pursuant to the City Attorney's Office along with review by the Planning Division Staff, the amendment (Exhibit A) is consistent with California Government Code Sections 36931 - 36937. SECTION 3. The City Council hereby approves and adopts the amendment, in the form as attached hereto as Exhibit "A", and authorizes and directs the Mayor to sign it in the name of the City of Baldwin Park. SECTION 4. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final reading and adoption. First read at a regular meeting of the City Council of the City of Baldwin Park held on the 20th day of June and adopted and ordered published at a regular meeting of said Council on the 18th day of July, 2018. PASSED, APPROVED, AND ADOPTED 's 18th day of - ,, 2018. o MANUEL I 0 MAYOR 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 was introduced and placed upon its first reading at a regular meeting of the City Council on June 20th, 2018. Thereafter, said Ordinance No. 1428 was duly approved and adopted at a regular meeting of the City Council on July 18th, 2018 by the following vote to wit: AYES: COUNCIL MEMBERS: Baca, Garcia, Lozano, Pacheco, Rubio NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ABSTAIN: i COUNCIL M BERS: NONE AL JA D' AVILA CITY CLERK