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HomeMy WebLinkAboutORD 593ORD 593ÜÂh£Ÿj쿼IORDINANCE NO. 593 AN OROIN^ICE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK MENDING CERTAIN OF THE ZONING REGULATIONS OF THE CITY WITH REFERENCE TO A PRECISE PLM REVIEW, c-4^ THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION I. That Sections 9460 through 9465, Inclusive, and Sections 9573, 9603, 9613, 9629 end 9636, of the Baldwin Park Municipal Code ye hereby repealed and rescinded* SECTION 2. That Part IV of Chapter IV, entitled Precise P»w Review", consisting of Sections 9460 through 9469, inclusive, is hereby added to Article IX of the Baldwin Park Municipal Code, to read, respectively, as follows: PART IV PRECISE PLAN REVIEW" Section 9460. PRECISE PLAN REVIEW. a» App H caH on to R-3 and C Zones. A precise plan review shall be required prior to the issuance of any building permit for any new building or structure or for the alteration of any existing building or structure. If; 1) fhe building permit valuation relating to such permit exceeds S5.000.00; and 2) the building,or structure to which such permit relates is located, or is proposed for location, upon any lot classified in any of the following zones within the City; R-3, C-P, C-l, C-2, wd C-M. b) Application to M-Zones, A precise plan review shall be required for any new use, or any change In occupancy as defined In the Building Code, located or to be located on any lot classified In the M-R, M~l and M-2 Zones* c) Procedure. Whenever a precise plan review is required by this Part, the same shall be processed in accordance with the provisions hereof. Section 9461, PURPOSE. In adopting the provisions of this Part, the City Council has heretofore determined that uses In the multiple residential, commercial and manufacturing zones. If permitted without the precise plan review procedure, would, or might, create; a) demands beyond the capacity of existing streets and street Improvements serving properties proposed for such developments, which may result In pedestrian and vehicular congestion, and inadequate access for emergency vehicles; and/or BIB] 37946-U01 ORD-U02 593-U02 LI2-U03 FO31548-U03 FO31623-U03 DO31641-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 593ÜÂh£Ÿj쿼IORDINANCE NO. 593 b) a disproportion between the tax revenue derived from such property and the cost of municipal services required to be provided thereto; and/or r c) incompatibility with surrounding and adjacent uses, or proposed uses of land, by reason of improperly located buildings or structures, or inadequate or inappropriate screening, fencing or landscaping, or poor design in the exterior appearance of the building proposed to be erected resulting in a decrease in value of both improved and unimproved adjacent properties. Accordingly, the precise plan review provided for in this Part, is necessary and is required to protect the public interest, convenience and necessity, in order to eliminate, insofar as possible, the problems above referred to, Section 9462. CONTENTS OF PRECISE PLAN. A precise plan review shall be' Initiated by the owner of the property proposed for development, or his agent, submitting to the Director an application, in a form provided by the Director, containing the following: 1) the name, address and telephone number of the applicant, and of the person who prepared the plan; and 2) the street address and a brief legal description of the property involved, and the names of the nearest streets which intersect the street or strbets on which the subject property is located; and 3) the number of lots involved, if more than one, and the lot dimensions and total area; and 4) the location, proposed use, size, height, floor plans, elevations, type of materials to be used for the exterior walls of all proposed and existing buildings on the subject lot or lots; and 5) the location, height and type of materials to be used in the construction of all walls and fences; and 6) the location, number of spaces, dimensions and circulation pattern of all proposed off-street parking and loading areas; and 2- BIB] 37946-U01 ORD-U02 593-U02 LI2-U03 FO31548-U03 FO31623-U03 DO31641-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 593ÜÂh£Ÿj쿼IORDINANCE NO. 593 7) the location of pedestrian and vehicular streets and access ways; and 8) the location, size, height, and type of lighting, if any, for advertising s igns; and 9) the location of any outdoor lighting fixtures; and 10) a detailed plan for the land- scaping of the development, including the location and height of screen planting, and a statement setting forth the method by which such landscaping and fencing shall be main- tained after installation; and 11) a grading plan for the entire development; and 12). the location, or proposed location, of all physical features, including, blit not limited to, such items as fire fighting facilities, utility facilities, drainage and sewage structures, Section 9463. DUTIES OF DIRECTOR, Upon receipt of an application tor a precise plan review, the Director shall refer copies of such application to the Engineering and Building Departments of the City, and to the proper official of the Los Angeles County Consolidated Fire Protection District, for review, The Director shall approve the precise plan if he finds that all of the following standards are met: 1) Emergency Access and Equipment. That the precise plan makes adequate provision for access by emergency and service vehicles to all portions of the site of the proposed development, and provides for the installation and maintenance of fire hydrants, standpipes, fire protection and illumination devices, in sufficient number and of proper type to insure adequate protection to the buildings and structures in the proposed develop- ment and the health, safety, and welfare of the persons occupying the same; and + 2) Street Improvements. That the precise plan shows that the street Improvements or streets abutting the lot on which the proposed development is to be located, are of a sufficient type to service the proposed use; in this respect, the Director shall determine the adequacy of such street improvements based upon the City's standard 3" BIB] 37946-U01 ORD-U02 593-U02 LI2-U03 FO31548-U03 FO31623-U03 DO31641-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 593ÜÂh£Ÿj쿼IORDINANCE NO. 593 plans and specifications relating thereto, as set forth in that certain document entitled City of Baldwin Park, Department of Public Works, Division of Engineering, Standard Drawings", dated February 17, 1969; and 3) Landscaping^ Walls, Fences and Screening.That the precise plan shall provide for the installation and maintenance of such landscaping, walls, fences and/or screen planting as may be required to prevent the proposed development from materially impairing the value of improved and unimproved surrounding and adjacent real property to the exterior boundaries of the lot proposed for such development; and 4) Design of Buildings and Structures, That the precise plan shaTi demonstrate that the design proposed for the buildings and structures of the proposed development are not so inappropriate as to have a materially detrimental effect on the value of improved and unimproved real property within the immediate vicinity of the proposed development; and 5) Location of Buildings and Structures, That the precise plan shall show the location of all proposed and existing buildings and structures on the subject property, and shall demonstrate that the said location thereof will be compatible with the development as proposed, and with surrounding and adjacent existing uses of property in the immediate vicinity; and 6) Compliance with Laws. That th^ development as depicted by the precise plan, is in compliance with all applicable laws, including, but not limited to, the City's zoning regulations. The Director may conditionally approve any precise plan which does not, on its face, comply with all of the foregoing; such con- ditions shall be so imposed to insure that the development will be rendered in compliance with said standards above set forth. If the Director finds that the precise plan as sub- mitted cannot be made to conform with the standards above set forth, he shall disapprove the precise plan as submitted. The action of the Director upon a precise plan shall be in written form. Written notice of the Director's action shall forthwith be mailed to the appli- 4- BIB] 37946-U01 ORD-U02 593-U02 LI2-U03 FO31548-U03 FO31623-U03 DO31641-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 593ÜÂh£Ÿj쿼IORDINANCE NO. 593 cant at the address indicated upon his appli- cation, Such written notice shall recite th6 findings upon which the Director's action was based and the conditions imposed, if any; a copy of such notice shall be fileid with the City Clerk, The Director's action shall be final and conclusive on the 10th day after the mailing of such notice, unless within saiiji period of time, an appeal is perfected, appealing the decision of the Director to the Planning Commission. Section 9464. APPEAL TO PLANNING COMMISSION^ The applicant may lle a written letter of appeal with the Secretary of the Planning Commission prior to the Director's action becoming final, appealing his decision to the Planning Commission, An appellate filing and processing fee in the sum of $50o00 shall be paid at, or prioir to, the time of filing such an appeal• Section 9465. COMMISSION ACTION ON APPEALS• Where an appeal is perfected, appealing the decision of the Director with regard to a precise plan, the Secretary shall set the same for a hearing before the Planning Commission at its next most convenient meeting. The Secretary shall given written notice of the time and place of such hearing to the applicant and to the owner of each lot which abuts the lot or lots which are proposed for development pursuant to the precise lan. The Planning Commission shall conduct a de novo hearing upon said matter, and shall approve, disapprove or conditionally approve the precise plan as submitted and as acted Upon by the Director. The Commission in acting upon such a plan shall observe the standards applicabfe to the Director's action as hereinabove set forth. The decision of the Planning Commission shall be final and conclusive, in the absence of an appeal taken in the time and manner hereinaftea- prescribed. The said Commission decision shall be final on the 10th day following the mailing of the notice of such decision by the Secretary of the Planning Commission. The Secretary of the Planning Commission shall give notice of such decision of the Commission forthwith, Section 9465.1. APPEAL TO CITY COUNCIL. The applicant may file a written letter of appeal with the City Clerk prior to the Planning Commission's action becoming final, appealing its decision to the City Council. An appellate filing and processing fee in the sum of $50.00 shall be paid at, or prior to, the time of filing such an 5- BIB] 37946-U01 ORD-U02 593-U02 LI2-U03 FO31548-U03 FO31623-U03 DO31641-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 593ÜÂh£Ÿj쿼IORDINANCE NO. 593 appeal. The City Council, by motion, may, at any time prior to the Commission's action becoming final, appeal to itself any Commission decision on any precise plan review application. A motion of the Council to this effect shall be deemed an appeal from the decision of the Planning Commission. Section 9465.2. COUNCIL ACTION ON APPEALS. Where an appeal is perfected, appealing the decision of the Planning Commis- sion with regard to a precise plan, th6 City Cl6rk shall set the same for a hearing before the City Council at its next most convenient meeting. The City Clerk shall give the pame type of notice as is required in the case of a precise plan hearing before the Planning Commission. The City Council shall conduct a de novo hearing upon said matter, and shall approve, disapprove or conditionally approve the precise plan as submitted and as acted upon by the Planning Commission. The City Council shall utilize the same standards in passing on such matters on appeal as the Commission is required to do under the pro- visions of this Part. The decision of the City Council shall be final and conclusive, Section 9465.3. ZOI^E VARIANCE AND/OR CONDITIONAL USE PERMIT PPLICATIONg":—Hone of the provisions contained in this Part shall preclude any applicant from filing contempora- neously with an application for a precise plan review an application for a zone variance and/or conditional use permit, if required, in the time and manner provided for in this Code, Section 9466. HEARINGS. Hearings before the Planning Cocanission or the City Council on precise plans shall not be considered formal public hearings. However, in reviewing an application for a precise plan review, the Commission and Council shall examine the appli- cation, the Director's files and staff reports and recommendations, if any, and shall give the applicant or his agent, and all other interested parties a reasonable opportunity to be heard with regard to such matter. Section 9467. PRECISE PLAN. COMPLIANCE REQUIRED. Where approval or conditional approval is obtained as to a precise plan review, such precise plan as approved, shall govern the development of t'he property to which such precise plan review relates. No person shall construct, reconstruct or alter any building or structure except in'compliance with such precise plan as approvedo 6- BIB] 37946-U01 ORD-U02 593-U02 LI2-U03 FO31548-U03 FO31623-U03 DO31641-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 593ÜÂh£Ÿj쿼IORDINANCE NO. 593 Section 9468. MODIFICATION OF PRECISE PLAN. Any precise plan, atter adoption, may be amended in the same manner as such precise plan was first approved pursuant to the pro- visions of this Part, Section 9469. EXPIRATION OF APPROVAL. Where a precise plan has been approved, cne owner or person entitled to possession of che property to which the same relates shall exercise substantial rights under such precise plan review approval within one 1) year after the effective date of such approval, or such other time limit as may be imposed as a con- dition of approval by the granting body. If such substantial exercise of rights does not take place within such time permitted therefor, such precise plan shall be null and void. SECTION 3. adoption of this published in the That the City Clerk shall certify the Ordinance and cause the same to be manner prescribed by law. PASSED AND APPROVED this 19th day of May 1971. ATTEST: i^^ THELMA L. BALKUS. CITY CLERK STATE OP CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK I. THL1.HA L BALKUS. City Clerk of the City of Baldwin Park. do hereby Certify that the foregoing Ordinance No. 595 was regularly Introduced and placed upon Its first reading at a regular meeting of the City Council on the 5th day of May 1971. That. thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 19th day of May 1971. by the following vote: CutJIcllHEN AYE" NAT TV7 AB—— COUNC1LHPI wr NATT nm AB BLEWETT X2 McCARON X HAMILTON X MAYOR GREGORY X KING XI tes-Voi r~t ndlcat e AB Abs ent V. Hot V king 2^ 6^ THEDTOT. BALKUS. C11V CLERK BIB] 37946-U01 ORD-U02 593-U02 LI2-U03 FO31548-U03 FO31623-U03 DO31641-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04