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Home My WebLink AboutORD 1186ORD 1186$Í;¢f4ž"ORDINANCE NO. 1186 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING AN AMENDMENT TO CHAPTER 153 OF THE CITY'S MUNICIPAL CODE ADDING SECTION 153.040 RELATING TO THE REGULATION OF CANOPY STRUCTURES, WHICH WILL INCLUDE BUT ARE NOT LIMITED TO ADDING DEFINITIONS PERTAINING TO TEMPORARY CANOPIES, LOCATION CRITERIA, DESIGN STANDARDS, REGULATIONS. AMORTIZATION PERIODS FOR EXISTING CANOPIES AND APPLICATION PROCEDURES AND REQUIREMENTS FOR THE PLACEMENT OF TEMPORARY CANOPIES APPLICANT: CITY OF BALDWIN PARK; CASE NO. AZC-146) THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the City Council of the City of Baldwin Park does hereby find. determines and declares as follows: WHEREAS, the City of Baldwin Park hereinafter Applicant) heretofore filed an application Application") requesting approval of an amendment to the municipal code Sections 153.040 Residential District Requirements) relating to the regulation of canopy structures which will include but are not limited to adding definitions pertaining to temporary canopies, location criteria, design standards, regulations, amortization periods for existing canopies and application procedures and requirements for the placement of temporary canopies; and WHEREAS, on April 17, 2002. the City Council conducted a duly noticed public hearing upon said application; and WHEREAS, in recent years there has been a growing proliferation of temporary canopy structures being erected within the public view of the residential neighborhoods throughout the City of Baldwin Park; and WHEREAS, temporary canopy structures can detract from the overall quality and appearance of the City's residential neighborhoods and the City is desirous to establish regulations to control these impacts; and WHEREAS, the proposed changes provide for the protection of health. safety, and welfare of the residents of Baldwin Park; and BIB] 37638-U01 ORD-U02 1186-U02 LI2-U03 FO8535-U03 FO8938-U03 DO8951-U03 C5-U03 ORDINANCES-U03 1/16/2003-U04 ROBIN-U04 ORD 1186$Í;¢f4ž"Ordinance 1186 Page 2 WHEREAS, the permit requirements and restrictions imposed by these regulations are reasonably necessary to protect the health, safety, and welfare of the citizens of the City; and WHEREAS, the Planning Commission upon giving the required notice. did conduct a duly noticed public hearing on March 26. 2002 as prescribed by law, at which time the Planning Commission adopted Resolution No. PC 02-11. recommending that the City Council approve the Negative Declaration of Environmental Impact and the amendment to the City Municipal Code AZC- * 146); and WHEREAS, the Crty Council conducted a duty noticed hearing upon said matter, and based upon the evidence presented, it was determined that the public interest, necessity, convenience and general welfare require the approval of the amendments to the Municipal Code. SECTION 2. That Chapter 153 entitled Zoning Code, is hereby amended to apply Section 153.040 to Part I, General Provisions of the Residential District Requirements to read as follows: 153.040 TEMPORARY CANOPY STRUCTURES A) Definitions. For the purpose of this Section, the following definitions shall apply unless the context dearly indicates or requires a different meaning. Canopy Structures" are a sheet of flexible material, fabric or membrane such as nylon, plastic or other similar material that is supported by or attached to a frame having a location on the ground and made of fiberglass, metal, wood or plastic or any other similar material. Canopy structures may be used as tents or to provide shelter or covering for storage of automobiles, boats, recreational vehicles, or other similar uses. Canopy structures include but are not limited to. prefabricated canopies ready-made for simple assembly and canopies which are built, constructed or composed of parts joined together in some definite manner, but excludes awnings attached to buildings and temporary coverings used to protect property during government-ordered aerial sprayings. City" shall mean the City of Baldwin Park Director of Community Development" means the duly appointed and acting Director of Community Development of the City. Erect" shall mean to build, construct, attach, hang. place, suspend, paint or affix. BIB] 37638-U01 ORD-U02 1186-U02 LI2-U03 FO8535-U03 FO8938-U03 DO8951-U03 C5-U03 ORDINANCES-U03 1/16/2003-U04 ROBIN-U04 ORD 1186$Í;¢f4ž"Ordinance 1186 Page 3 Public right-of-way" means that portion of the street, sidewalk and/or parkway that is owned by the City. B) Location Criteria. 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: Canopy structures with a projected canopy area of no greater than 200 square feet, a height no greater than eight 8) feet, and a length of no greater than twenty 20) feet may be permitted in a rear yard area that is fully screened by fencing or shrubs at least six 6) feet in height. C) Repair and Maintenance. Canopy structures shall be maintained in good condition. Tom fabric, 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. Reflective, mirrored type covering material shall be prohibited. D) Amortization Period. Any canopy structure within the view of the public right-of-way, located within any residential zone, shall be removed from the site within ninety 90) days of the adoption of this Ordinance by the City Council. Should a violation be received on any canopy structure, the property will be issued a thirty 30) day notice to completely remove the canopy from the site. E) Special Temporary Permit. A temporary permit may be issued for the placement of a temporary canopy once a year per property not to exceed a period of five 5) days with review and approval of the Planning Division. SECTION 3 The City Council at the time of the public hearing on the above matter reviewed and considered the proposed Negative Declaration of Environmental Impact. The City Council, based upon its public review, does hereby find that said Negative Declaration has been prepared and was considered pursuant to the provisions and guidelines of the California Environmental Quality Act and hereby recommends adoption of the Negative Declaration since there is no substantial evidence that the project wilt have a significant impact on the environment. SECTION 4 That this ordinance shall go into affect and be in full force and operation from and after thirty 30) days after its final reading and adoption. BIB] 37638-U01 ORD-U02 1186-U02 LI2-U03 FO8535-U03 FO8938-U03 DO8951-U03 C5-U03 ORDINANCES-U03 1/16/2003-U04 ROBIN-U04 ORD 1186$Í;¢f4ž"Ordinance 1186 Page 4 PASSED AND APPROVED on this 1st day of May. 2002. Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK I. ROSEMARY M. RAMIREZ, Chief Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council held on April 17, 2002 and was adopted by the City Council at Its regular meeting held on May 1, 2002 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ROSEMARY M. RAMIREZ. CMC Chief Deputy City Clerk Bill Van Cleave. Linda Gair, Ricardo Pacheco, Mayor Pro Tern Marten Garcia and Mayor Manuel Lozano None None None BIB] 37638-U01 ORD-U02 1186-U02 LI2-U03 FO8535-U03 FO8938-U03 DO8951-U03 C5-U03 ORDINANCES-U03 1/16/2003-U04 ROBIN-U04