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HomeMy WebLinkAboutORD 294ORD 294ê79wU ×Pïl ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTIONS 9120, 9120.11, 9120.2, 9120.21, 9120.22 9120.32, 9120.33, 9120.34, 9120.36, 9126 361, 9120.38, 9120.391, 9120.392, 9120.4 AND 9120.41 OF THE BALDWIN PARK MUNICIPAL ODE; REPEALING SECTIONS 9120.1, 9120.3 920.371, 9120.39,9121.9 AND 9120.91 F SAID CODE, RELATING TO ZONE VARIANC CONDITIONAL USE PERMITS, AND MASTS PLAN AMEN*MENTS. Z-178) THE CI'T'Y COUNCIL OF THE CITY OF ALDWIN PARK DOES ORDAIN AS FOLLOWS SECTION 1,, That Sections 91 9120.11, 9120.2, 9120.21, 9120.22, 91-10.32, 9120.33, 91 0,34, 9120.36, 9120.361, 9120.38, 9120.391, 9 0.392, 910.4 9a-1 d 9120.41 of the Baldwin Park Municipa Code, are' her by amended to read, respectively, as follo*s: l' 9120. Zone V riances.'/When practical difficulties, unnecessary hardships, or\,reult~ inconsistent with the general intent and purpose of this\chap- er occur by reason of the strict and literal interpre`~at On of any of its provisions, a zone variance may be grante i the manner hereinafter set forth in this part." 9120.11. Same.-,/Bu den of Proof. Before any zone variance shall be granted t e p icant must show, to the satisfaction of the Plan ng Co ission and the City Council, all of the following facts: 1) That tyre are excep Tonal or extraordinary circumstances or,/ conditions applicable to the property involved or to, ehe intended use f such property, which do not generally apply to other operty in the same zone; and 2) That such variance is necessary for the preservation and enjoyment of a subs antial property right possessed by other property and r similar circumstances in the same zone, but wh ch is denied to the property in question; and 3) That the granting of the variance will not ire materially detrimental to the public welfare or injurious to adjacent property;,,and 4) That the granting of the variance Vill not adversely effect the Master Plan of the City of Baldwin Park," 119120.2. Conditional Use Permits. Conditional Use Permits shall be granted n the manner hereinafter set forth in this Part." ORD 294ê79wU ×Pïl ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE 9120, 9120.11, 9120.2, 9120.21, 9120.22, 9120.32, 9120.33, 9120.34, 9120.36, 9120 01, 9120.38, 9120.391, 9120.392, 9120.4 AND 9120.41 OF THE BALDWIN PARK MUNICIPAL Y DE; AND REPEALING SECTIONS 9120.1, 9120.37, 91,20.371 AND 9120.39 OF SAID CODE; ADDING SECTIONS 9120.42 9120.43 SAID CODE, ALL RELATING TO ZONE VA ANCES AND CONDITIONAL USE PERMITS. THE CITY COUNCIL OF THE CITY OF iALDWIN PARK DOES ORDAIN AS FOLLOW: 9120.21, 912022, 20.32, 9120.33, 91,=20.34, 9120.36, 9120. 361, 9120.38, 9120:391 20.392, 9120.4 and 9120.41 are hereby amended to read, reskctively, as follows: 9120. Zone}' Variances. When practical difficulties, unnecessary hardsh ps, r results inconsistent with the general intent and purpose of this chaptOr occur by reason of the strict and literal interVretation of any of its provisions, a zone variance may be granted in the manner hereinafter set forth in this part." 9120.11. Same, B,urden of Proof. Before any zone variance shall be granted,'th pa p'~licant mmust show, to the satisfaction of the Planning pmmission and the City Council, all of the following facts: 1) That thgre are exgeptional or extraordinary circumstances or!conditions pplicable to the property involved or to the intended use of such property, whih do not generally apply to other property in the same zone; and 2) t such variance is necessary for the preservatiq and enjoyment of a substantial property right posossed by other property finder similar circumst4hces in the same zone, but',which is denied to the property in question; and 3) That the granting of the variance will not b6 materially detrimental to the public welfiyre or injurious to adjacent property; and 4) That the granting of the variance will not adversely effect the Master Plan of the City o£ Baldwin Park." 9120.2. Conditional Use Permits. Conditional Use Permits shall be granted in the manner hereinafter set forth in this Part." ORD 294ê79wU ×Pïl 9120.21. Same. ss to insure that the proposed use will be compatiblg tt h other existing and potential uses within the gee eral area." \a"9120.22. Same. Burden of Proof. Before 8ny Condi ional Use Permit is grante t e applican must show, o the satisfaction of the Planning Comr4asion and the City Council, the following facts: 1) That the site for the proposAd use is a quate in size and shape; and That the site has suffic~nt access to stre s and highways, adequate tn width and pave- ment typ to carry the quantity d quality of y traffic g erated by the propos use; and 3) T t the proposed u will not have an adverse effe t upon or adjaceat property. Conditions may be iosed upon te issuance of a Permit, to insure a compatib orderly/and efficient development in conformity with th intent,And purpose of this chapter." 9120.32. Hearin s \ except as otherwise provided herein, every app cation or a zone variance and a Conditional Use Permit Ss 1 be set for public hearing before the Planning Co ss on and the City Council. Said hearings may be cg6tinu d by the Planning Commission or the City Council as- is nec ssary.°' 9120.33. Sett n of Publ'c Hearin s. The time of Public Hearings Variances an nctional Use Permits shall be set by tt Planning Director for the Planning Commission, and b~j the City Clerk for the City Council." 9120.34./,"Notices. Notices of\. the time and place of public he a lngs on Zone Variances and Conditional Use Permits s, all be given in the folll+bwing manner: 1) Publication.. By publics ion at least once not mss tan ten 10) days prior to the dat of the hearing, in a newspaper c'rculated wit, in the City; and 2) Posting. By posting, not less than ken 10) days prior to the date of the hearing, in /front of the subject property, and at inte als not to exceed 100 feet on each side of the stre t on which subject property abutts, for a distanc of at least 300 feet in each direction from the'`, external boundaries of subject property; and ORD 294ê79wU ×Pïl 3) Mailing. By a mailing, postage prepaid to the owner property within a radius of 300 feet from the external boundaries of the subjec property, addressed to said owners as shown on the latest available assessment roll of the Count f Los Angeles. i N tices shall contain a description of the subject propert a brief description of the proposed se, and the date time and place of the hearing.' 912 36. Planning Commission Action. Within forty 40) days llowzng a public hearing on a ariance or Conditional se Permit, the Planning Co ssion shall, by resolutio recommend the granting or dental of such. matter to the City Council. Said'resol tiof°,hall indicate the Bets upon which said_rec mmendation_is based. f S 9120.361. otice of Plannin Commission's Recommendation. tin ten 1 ys following the adoption or-Me re! lution by the Planning Commission, the Planning Directs shall mail a copy of the resolution to the applicant at e address shown on his application." 9120.38. Cit Council Action. Within thirty 30) days following tfie a op ion, t e Planning Commission's resolution of recommenda ion, the City Council shall conduct a public hearing 10 the Variance or Conditional Use Permit." 9120.391. Dete nat n b City Council. The City Council shall ren er ifs ec on granting or denying the Variance or ConditioUse P it within forty 40) days following its publi-~ hearing. ts decision shall be by resolution, which s ll contain,the facts supporting the action. The actio of the City kouncil shall be final and conclusive." f 9120.392. Notice of City Cou cil's Decision. Within ten 10y ays following the e opt on o t o resolution byjthe Council, the City d%erk shall mail a copy of itp( resolution to the appli44nt at his last known address 912 4. Revocation of Variances a5A Conditional Use Perm ts. Upon recommendation y t e ann ng irecto-p', the Planning Commission shall co duct a public/hearing to determine whether a Variance or Conditional Use Permit, should be revoked. The hearing shal~'be noticed in the manner provided for ih Section 912~.34. After said hearing, the Commission sC}all revoke thp' Variance or Conditional Use Permit, if it Knds any opre of the following facts present: 1) That the Variance or Permit was ob pined by fraud; ORD 294ê79wU ×Pïl ORDINANCE NO. 294 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALD4NIN PARK AMENDING SECTIONS 9120, 9120,11, 9120.2, 9120.21, 9120.22, 9120.32, 9120.33, 9120.34, 9120.36, 9120.361, 9120.38, 9120.391, 9120,392, 9120.4 AND 9120.41 OF THE BALDWIN PARK MUNICIPAL CODE; AND REPEALING SECTIONS 9120.1, 9120.37, 9120.371, 9120.39, 9121.9 AND 9121.91 OF SAID CODE, RELATING TO ZONE VARIANCES, CONDITIONAL USE PERMITS, AND MASTER PLAN AMENDMENTS; AND DECLARING THE SAME TO BE AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY Z-178) THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. That Sections 9120, 9120.11, 9120.2, 9120.21, 9120.22, 9120.32, 9120.33, 9120.34, 9120.36, 9120.361, 9120.38, 9120.391, 9120.392, 9120.4 and 9120.41 of the Baldwin Park Municipal Code are hereby amended to read, respectively, as follows: 9120. Zone Variances. When practical difficulties, unnecessary hardships, or results inconsistent with the general intent and purpose of this chapter occur by reason of the strict and literal interpretation of any of its provisions, a zone variance may be granted in the manner hereinafter set forth in this part." 9120.(1. Same. Burden of Proof. Before any zone variance shall be granted, the applicant must show, to the satisfaction of the Planning Commission and the City Council, all of the following facts: 1) That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of such property, which do not generally apply to other property in the same zone; and 2) That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property under similar circumstances in the sane zone, but which is denied to the property in question; and 3) That the granting of the variance will not be materially detrimental to the public welfare or injurious to adjacent property; and 4) That the granting of the variance will not adversely effect the Master Plan of the City of Bald- win Park." 9120.2. Conditional Use Perms s. Conditional Use Permits shall be granted in the manner hereinafter set forth in this Part." ORD 294ê79wU ×Pïl 9120.21. Same. PurRose. The purpose of any Conditional Use Permit, issued pursuant to this Part, is to insure that the proposed use will be compatible with other existing and potential uses within the general area." 9120.22. Same. Burden of Proof. Before any Conditional Use Permit is granted, the applicant must show, to the satisfaction of the Planning Commission and the City Council, the following facts: 1) That the site for the proposed use is adequate in size and shape; and 2) That the site has sufficient access to streets and highways, adequate in width and pave- ment type to carry the quantity and quality of traffic generated by the proposed use; and 3)' That the proposed use will not have an adverse effect upon or adjacent property. Conditions may be imposed upon the issuance of a Permit, to insure a compatible, orderly and efficient development in conformity with the intent and purpose of this chapter." 9120.32. Hearings. Except as otherwise provided herein, every application for a zone variance and a Conditional Use Per- mit shall be set for public hearing before the Planning Commission and the City Council. Said hearings may be continued by the Plan- ning Commission or the City Council as is necessary." 9120.33. Setting of Public Hearings. The time of Public Hearings for Variances and Conditional Use Permits shall be set by the Planning Director for the Planning Commission, and by the City Clerk for the City Council." 9120.34. Notices Notices of the time and place of public hearings on Zone Variances and Conditional Use Permits shall be given in the following manner: I) Publication. By publication at least once, not less than ten 10) days prior to the date of the hearing, in a newspaper circulated within the City; and 2) Posting. By posting, not less than ten 10) days prior to the date of the hearing, in front of the subject property, and at intervals not to exceed 100 feet on each side of the street on which subject property abutts, for a distance of at least 300 feet in each direction from the external boundaries of subject property; and 3) Mailing. By a mailing, postage prepaid, to the owners of property within a radius of 300 feet from the external boundaries of the subject property, addressed to said owners as shown on the latest available assessment roil of the County of Los Angeles. Notices shall contain a description of the subject property; a brief description of the proposed use, and the date, time and place of the hearing." ORD 294ê79wU ×Pïl 9120,36, Planning Commission Action, Within twenty 20) days following a public hearing on a Variance or Conditional Use Permit, the Planning Commission shall by resolution, recommend the granting or denial of such matter to the City Council. Said resolution shall indicate the facts upon which said recommendation is based. 9120.361. Notice- of Planning Commission's Recommendation. Within ten 10) days following the adoption of the resolution by the Planning Commission, the Planning Director shall mail a copy of the resolution to the applicant at the address shown on his application." 9120.38. City Council Action. Within twenty 20) days following the adoption of the Planning Commissionts resolution of recommendation, the City Council shall conduct a public hearing on the Variance or Conditional Use Permit." 9120.391. Determination by City Council. The City Council shall render its decision granting or denying the Variance or Conditional Use Permit within twenty 20) days following its public hearing. Its decision shall be by resolution, which shall contain the facts supporting the action. The action of the City Council shall be final and conclusive." 9120.392. Notice of City Council's Decision. Within ten 10) days following the adoption of the resolution by the Council, the City Clerk shall mail a copy of its resolution to the applicant at his last known address." 9120.4. Revocation of Variances and Conditional Use Permits. Upon recommendation by the Planning Director, the City Council shall conduct a noticed public hearing to determine whether a Variance or Conditional Use Permit, should be revoked. If the Council finds any one of the following facts to be present, it shall revoke the Variance or Conditional Use Permit: 1) that the Variance or Permit was obtained by fraud; or 2) that the use for which such approval was granted is not being exercised; or 3) that the use for which such approval was granted has ceased to exist, or has been suspended for a period of six 61 months or more; or 4) that the permit or variance granted is being, or has been, exercised contrary to the terms and conditions of such approval or in violation of any law; or 5) that the use for which the approval was granted is so exercised as to be detrimental to the public health or safety, or as to constitute a nuisance. The action of the Council shall be final and conclusive," 9120.41. Expiration, Any Variance or Conditional Use Permit shall be null and void if the use permitted thereunder is not exercised within the time specified in the resolution approving such Variance or Conditional Use Permit, or if no time is specified, if the same is not exercised within six 6) months from the date said Variance or Permit is granted. Where exercise of the Variance or Conditional Use Permit involves construction, or re-construction, such construction or re- construction must be commenced within sixty 60) days from the date of granting of said Variance or Conditional Use Permit, or the same shall be null and void. The Planning Commission, upon good cause shown by the applicant, may extend the time limitations imposed by this Section for a period of not to exceed sixty 60) days." ORD 294ê79wU ×Pïl SECTION 2. Sections 9120.1, 9120.37, 9120.371 and 9120.39 are hereby repealed and rescinded. SECTION 3. That this ordinance shall take effect imme- diately upon adoption. That the above provisions of the Baldwin Park Municipal Code, as amended, shall apply to all zone Variance and Conditional Use Permit applications on which final action has not yet been taken. SECTION 4-. That this ordinance is declared to be an urgency measure, within the meaning of Section 37936 of the Government Code of the State of California. A declaration of the facts constituting the urgency, is as follows: a) That the present procedure for the granting and revocation of Conditional Use Permit and Zone Variance, as set forth in the Baldwin Park Municipal Code, is inadequate; and b) That said present provisions do not represent good administrative practices; and c) That this ordinance is urgently required to properly protect the public peace, safety and general welfare. SECTION 5. The City Clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. PASSED and APPROVED this 27 day of August 1963, i Mayor ATTEST: City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK 1, THELMA L. BALKUS, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance was duly adopted by the City Council of said City and signed by the Mayor at a regular Council meeting held on the 27 day of August 1563, by the follcwing vote: AYES: COUNCILMEN BISHOP, MOREHEAD TAYLOR, AND MAYOR BLOXHAM NOES: COUNCILMEN NONE ABSENT: COUNCILMEN HOLMES Thelma L. Balkus, City Clerk ORD 294ê79wU ×Pïl ORO. NO. 294. CERTIFICATE OF POSTING STATE OF CALIFORNIA ODUNTY OF LOS ANGELES SS; CITY OF BALDWIN PARK i hereby CERTIFY that i am the duly elected and qualified City Clerk of the City of Baldwin Park; that on the 30 day of August 196 3, 1 caused to be posted in three conspicuous places a copy of Ordinance No. 294, as required by law and the Baldwin Park Municipal Code. T ELMA L. BALKU City Clerk SEAL) Subscribed and sworn is belie me this Public State of California Prirciin. Los Angeles County EVA ELDER PUGH, Notary Public, State Of C3';fo!'. F'- r,'"LI ifire, Los Angeles County 6,-1967 4657 North Merced Ave., Baldwin Park, Calif. ORD 294ê79wU ×Pïl RESOLUTION NO. 63- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING THE GENERAL PLAN OF SAID CITY AGP-15) THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLONS SECTION That the City Council of the City of Baldwin Park does, hereby,find, determine and declare, as follows: a) That the Planning Commission of the City of Baldwin Park, after holding a duly noticed public hearing, has recommended a change in the City's General Plan, as hereinafter indicated. b) That the City Council, after conducting a duly noticed public hearing on said recommendation, has determined that the public interest requires that said amendment be made. SECTION 2. That the General Plan for the City of Baldwin Park is hereby amended, in the manner shown on that certain map marked AGP-15", attached hereto, and incorporated herein by reference. SECTION 3. That the City Clerk shall certify to the adoption of this Resolution, and forward copies hereof, to the Secretary of the Planning Commission. ADOPTED and APPROVED this day of 1963, Hub H. Bloxham, Mayor ATTEST: Thelma L. Balkus, City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK 1, THELMA L. BALKUS, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly adopted by the City Council of the City of Baldwin Park and signed by its Mayor at a meeting thereof held on the day of 1963, by the following vote, to wit: AYES: COUNCILMEN NOES: COUNCILMEN ABSENT: COUNCILMEN Thelma L. Balkus, City Clerk I~C~ 3 ORD 294ê79wU ×Pïl I t I AVE. G R AC't N J C!1 g~ v y,-a N O Z Q O AV E. Q MONTEREY 9 t s p. t n 2 AGF»lS F AM8 iDIl= TD mASM PLAN INZ2LAM BY BAIDW PASN PIJNN OQHM SSION TO MATE FROM H&U000RH= L ON PARK It RISmw TO IOW 1 $Lrt R TZAL US gI T WITHIN THE AREA E~ HX M= 1VSNUE Am= THE ON TSC War; WNTEW ON r; RMNA BIMXYARD OA MB NORT'A; AND I~ R. STMT ON THC SOUTH, ay 0, 200 t. CASE NO. AGP-15 DATE 8-20-63 DRAWN BY E. s; BIB] 39008-U01 ORD-U02 294-U02 LI2-U03 FO31549-U03 FO94593-U03 DO94818-U03 C5-U03 ORDINANCES-U03 10/17/2006-U04 ROBIN-U04