HomeMy WebLinkAboutORD 1277ORD 127779wV ×P @ ^ ORDINANCE NO. 1277
AN INTERIM ORDINANCE OF THE CITY OF BALDWIN
PARK DECLARING A MORATORIUM ON THE CREATION
OF FLAG LOT SUBDIVISIONS, AND DECLARING THE
URGENCY THEREOF
WHEREAS, following the updating of the General Plan of the City of Baldwin Park in
November of 2002, the City Council directed the Planning Department to review the City's
zoning code and zoning maps to assure that they are consistent with the revised General
Plan Land Use Map and other provisions of the General Plan, as well as internally
consistent, understandable, and in compliance with all applicable federal and state law;
and
WHEREAS, the Planning Department has undertaken the preliminary steps required
for such work, including but not limited to the preparation of an Administrative Draft of the
Zoning Code, and is actively proceeding with the studies required to implement the City
Council's direction; and
WHEREAS, an area of particular concern has been determined through the initial
work undertaken by the Planning Department that the City presently has insufficient
standards for flag lot subdivisions; and
WHEREAS, the City has been and is studying flag lot subdivisions and the
appropriate mechanisms to regulate such uses, and the City Council anticipates that
zoning proposals relating thereto will be brought forward for hearing by the Planning
Commission and the City Council within a reasonable time.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
ORDAINS AS FOLLOWS:
SECTION 1. The City Council hereby adopts each recital set forth above as a
finding of the City Council.
SECTION 2. That a Flag Lot' subdivision shall be defined as a lot which is located
to the rear of another lot, except for an extension thereof, not less than 15 feet in width,
which is utilized for direct access for a public street for such flag lot.
SECTION 3. The City Council further finds that the creation of flag lot subdivisions
without appropriate mechanisms, as permitted by law, to regulate such uses constitutes a
current and immediate threat to the public health, safety or welfare in that such uses are
not consistent with the City's recently adopted General Plan in which Policy 2.4 of the Land
Use Element prohibits future flag lot subdivisions and strives to achieve single-family infill
projects which complement the surrounding neighborhood setting.
ORD 127779wV ×P @ ^ Ordinance No. 1277
Page 2
SECTION 4. Pursuant to Government Code 65858, the City Council hereby
declares a moratorium on the creation of flag lot subdivisions within the City and on the
issuance of any permits, approvals, or entitlements for use for such development, including
but not limited to subdivisions, use permits, variances, building permits, or any other
applicable permit or entitlement for use which is required in order to comply with the City's
zoning ordinances or with Baldwin Park Municipal Code Chapter 124. The moratorium
declared and established by this Section 4 shall remain in effect until the effective date of
new zoning requirements for flag lot subdivisions are adopted by the City Council, or until
45 days after the date of enactment of this ordinance, whichever comes first. Said
moratorium shall not apply to subdivision applications which have been deemed complete
on or before the effective date of this ordinance.
SECTION 5. This ordinance is an interim ordinance and shall take effect
immediately. This is an interim ordinance adopted pursuant to Section 65858, subdivision
a) of the Government Code and shall expire forty-five 45) days after the date hereof
unless extended pursuant to the provisions of said section.
SECTION 6. If any part or provision of this ordinance or its application to any person
or circumstance is held invalid, the remainder of this ordinance, including the application of
such part or provision to other persons or circumstances, shall not be affected and shall
continue in full force and effect. To this end, the provisions of this ordinance are severable.
APPROVED, PASSED AND ADOPTED this 21St day o ec mber, 2005.
MA N
MAY R
ORD 127779wV ×P @ ^ Ordinance No. 1277
Page 3
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 1277 was adopted as an urgency matter at
a regular meeting of the City Council held December 21, 2005, by the following vote of the
Council:
AYES: COUNCILMEMBERS: Anthony J. Bejarano, Marlen Garcia, Mayor
Pro Tern David J. Olivas and Mayor Manuel
Lozano
NOES: COUNCILMEMBERS: Ricardo Pacheco
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNC EMBERS: NONE
ROSEMARY M. R MI Z, CIVIC
CHIEF DEPUTY CITY CLERK
BIB]
38790-U01
ORD-U02
1277-U02
LI2-U03
FO8535-U03
FO62476-U03
DO84121-U03
C5-U03
ORDINANCES-U03
3/13/2006-U04
ROBIN-U04