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Home My WebLink AboutORD 592ORD 592ÜÂh£Ÿjì¿¼IORDINANCE NO. 592 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING CERTAIN OF PROCEDURAL PROVISIONS OF THE CITY'S ZONING REGULATIONS. THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. That Sections 9475, 9476, 9477, 9478, 9479, 9480, 9492 and 9495 of the Baldwin Pdrk Municipal Code are hereby repealed and rescinded. SECTION 2. That Sections 9475, 9476, 9477, 9478, 9479, 9480, 9492 and 9495 are hereby added t6 the Baldwin Park Municipal Code to read, respectively, as follows: 9475. Filing Fees. Each application for a conditional use permit, a zone variance or for a modification thereof, shall be accompanied by a filing and processing fee in the sum of $125; provided, however, that the filing and processing fee for a Minor Variance1, as defined in Section 9479 or for a modification, relating to a Minor Variance, shall be $25." / 947 6. Zoning Administrator. The position of Zoning Administrator for the City of Baldwin Park is hereby created. In the absence of a contrary direction by the City Council, the Director of Planning shall serve as the Zoning Administrator for said City without additional compensation. The function of said Zoning Administrator shall be to hear and consider all applications for minor variances, as hereinafter described, and all applications for modifications relating thereto." 9477. Notice and Hearing Requirements. a) Conditional Use Permits. Zone Variances. Hearings for conditional use permits and zone variances, other than minor zone variances, shall be set for hearing before the Planning Commission of the City. b) Minor Zone Variances. Hearings on applications for minor zone variances shall be set before the Zoning Administrator. c) Conduct of Hearings. Hearings sha11 be conducted in accordance with the provisions of this Code and other applicable law. Such hearings may be continued from time to time as may be deemed necessary by the hearing body. BIB] 37946-U01 ORD-U02 592-U02 LI2-U03 FO31548-U03 FO31623-U03 DO31640-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 592ÜÂh£Ÿjì¿¼IORDINANCE NO. 592 d) Notices. Notice of hearings on zone variances, minor zone variances and conditional use permits shall be given in the following manner: 1) Content. All notices required pursuant to this Section shall contain a description of the property to which it relates, a brief description of the pro- posed use and the date, time and place of the hearing upon such matter. 2) Hearings. Planning Commission and City Council hearings on zone variances, minor zone variances and conditional use permits shall be given as follows: a) Publication. By publication at least once, not less than ten 10) days prior to the date of the hearing, in a newspaper of general circulation within the City; and b) Posting. By posting, not less than ten 10) days prior to the date of the hearing, in ffront of the subject property, and at intervals, not to exceed 100 feet, on each side of the street or streets on which the subject property abuts, for a distance of at least 300 feet in each direction from the external boundaries of the subj ect property; and c) Mailing. By United States mail, postage prepaid, addressed 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 equalized assessment roll of the County of Los Angeles. 3) Hearings Before Zoning Administrator Notice of hearings on minor zone variances, conducted before the Zoning Administrator, shall be given to the owners of real property located within a radius of 100 ft. of the external boundaries of the property to which such minor zone variance relates, by United States mail, postage prepaid, addressed to such owners as is shown on the last equalized assessment roll of the County of Los Angeles." 2 BIB] 37946-U01 ORD-U02 592-U02 LI2-U03 FO31548-U03 FO31623-U03 DO31640-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 592ÜÂh£Ÿjì¿¼IORDINANCE NO. 592 9478. ACTION ON APPLICATIONS. a) Planning Commission Action. Within thirty 30) days following a public hearing upon a variance or conditional use permit appli- cation, the Commission shall, by resolution, approve, conditionally approve or deny the same. Said resolution shall contain a statement of facts upon which the decision is based. On the day following the adoption of the resolution by the Commission, the Director shall forward a copy thereof, by United States mail, postage prepaid, addressed to the'applicant at his fast known address. The decision of the Planning Commission shall be final and conclusive upon the tenth 10) day following the date of adoption of the resolution of the Commission, or upon the day following the next regularly scheduled Council meeting, whichever date is the latest, in the absence of the filing of a written appeal, in the manner hereinafter specified. b) Action by Zoning Administrator. Within fren(10 days following tlie close of a public hearing upon a minor zone variance, the Zoning Administrator shall approve, conditionally approve or deny the same. His action shall be in written form and shall contain a brief state- ment of facts upon which such determination is based. Not later than the day following the rendering of such determination, the Zoning Administrator shall forward a co^y of his decision by United States mail, postage prepaid, addressed to the applicant at his last known address. The decision of the Zoning Administrator shall be final and conclusive upon the tenth 10th) day following the date of said determination, or upon the day following the next regularly scheduled City Council meeting, whichever date is the latest, in the absence of the filing of written appeal in the manner hereinafter specified." 9479. MINOR VARIANCE. The term minor zone variance' shall mean a zone variance relating to any lot which is classified in Zone R-l, Zone R-2 or Zone R-3, which proposes all or any of the following: a) Side Yards. Reductions of the required width of side yard by twenty 20%) or less; or b) Rear Yards. Reduction of tequired depth of rear yard by twenty-five 25%) or less; or c) Lot Area. Reduction of lot area require- ments by ten \±0^) or less, d) Fence Height. Increase the height of side or rear walls or fences up to eight 8) feet. 3- BIB] 37946-U01 ORD-U02 592-U02 LI2-U03 FO31548-U03 FO31623-U03 DO31640-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 592ÜÂh£Ÿjì¿¼I ORDINANCE NO. 592 9480. APPEALS. The applicant, or any other person, aggrieved by the decision of the Zoning Administrator or Planning Commission in conjunction with action taken on a variance or conditional use permit, may file a written letter of appeal with the City Clerk prior to such action becoming final, appealing the decision of the Zoning Administrator or Planning Commission to the City Council. Upon receipt of such a written letter of appeal, the City Clerk shall set the matter foit" hearing upon the Council agenda at the next most convenient meeting of the Council. Notices of the hearing shall be given by the City Clerk in the same manner as notices are given for Planning Commission hearings, as hereinbefore set forth. The City Council, by motion, carried by at least three 3) votes, made at any time 9 prior to effective date of the action of the Zoning Administrator or Planning Commission as hereinbefore set forth, may appeal to itself any such decision. A motion of the Council to this effect shall be deemed an appeal from such decision for all purposes." 9492. AMfeNDMENTS INITIALED BY PROPERTY OWNEto, The Director shall prepare a suitable application form, entitled Request for Amendment to the Baldwin Park Zoning Code9, and shall assist any applicant in preparing the Request form. Any such amendment shall be accepted for filing by the Director only upon the payment by the applicant of a filing and processing fee in the sum of $200 for the first lot included in such application and $10 for each additional lot included in said application. Any applicant may, in writing, withdraw his request at any time during the processing of such request;, provided, however, that there shall be no refund of any fees paid in connection therewith." 9495. APPEAL. The decision of the Conmission in the case of a denial of a proposed reclassification or amendment, shall be final and conclusive, in the absence of an appeal, as hereinafter provided, ten 10) days after the adoption of its resolution, or upon the day following the next regularly scheduled meeting of the City Council whichever occurs latest. Any person aggrieved by the decision of the Commission in such case, may appeal the same to the City Council by filing a written letter of appeal with the City Clerk, together with the payment of a filing and processing fee in the sum of $100. The Council, by motion, may set such matter for a hearing de novo before it; in such cases, the matter shall be deemed to be appealed to the Council for all purposes. Upon the filing of such an appeal the City Clerk shall immediately advise the Director thereof, who shall thereupon transmit to the City Clerk the Commission files in connection with said matter. 4- BIB] 37946-U01 ORD-U02 592-U02 LI2-U03 FO31548-U03 FO31623-U03 DO31640-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 592ÜÂh£Ÿjì¿¼IORDINANCE NO. 592 SECTION 3. That the City Clerk shall certify the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. 1971. PASSED AND APPROVED this 19th day of M«y ATTEST: /L^ City Clerk STATE OP CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK I. THEJLMA L. BALKUS. City Clerk of the City of Baldwin Park, do hereby Certify that the foregoing Ordinance No. 592 was regularly Introduced and placed upon Its first reading at a regular meeting of the City Council on the j5th day of May 1971 That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the l9th day of May 1971. by the following vote: CoONClCTBT AYE" TOT 0- 7B—— MUNC1LHEN wr Nxn N,V. Xff BLEMETT X2 McCjftON x HMILTON X MAYOR GREGORY X KING XI EeTVoJ X ndlcai Ie AB Abs Bit V. Hot V! Itfng THELMA L. &ALKUS, City Clerk BIB] 37946-U01 ORD-U02 592-U02 LI2-U03 FO31548-U03 FO31623-U03 DO31640-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04