Chapter 153 — ZONING CODE

The title of this chapter shall be known as the “Baldwin Park Zoning Code,” or the “Zoning Code.” (Ord. 1346, passed 5-2-12)

This Zoning Code is established to regulate the use of land within the city in an orderly manner consistent with the goals, objectives and policies of the Baldwin Park General Plan and to protect the public health, safety, comfort, welfare and general prosperity of the city and its residents through classifying, designating, regulating and restricting the use of land, buildings and structures.

(Ord. 1346, passed 5-2-12)

Words, terms and phrases used in this chapter shall have the meanings usually ascribed to them, or as defined or used in state planning and zoning laws, or as defined in subchapter 153.220, Definitions, of this chapter. For the purposes of this chapter, unless the context clearly indicates otherwise, the following shall apply:

• (A) Tense. Words in the present tense include the future.

• (B) Singular number. Words in the singular number include the plural.

• (C) Plural number. Words in the plural number include the singular.

• (D) Mandatory terms. The terms SHALL , WILL and MUST , are mandatory.

• (E) Gender neutral terms. The term HIS is gender neutral and means his or her.

• (Ord. 1346, passed 5-2-12)

This chapter provides the legislative framework to enhance and implement the goals, policies, plans, principles and standards of the General Plan.

(Ord. 1346, passed 5-2-12)

(A) Effect on other codes. The provisions of this chapter shall not be interpreted to repeal, amend, modify, alter or change any other code that is not specifically repealed, amended, modified, altered or changed.

(B) Other applicable statues, codes and regulations. Nothing in this chapter shall be interpreted to authorize the use of a lot or parcel in any way that is in violation of any other applicable statute, code or regulation.

(C) More restrictive provisions apply. Whenever the provisions of this chapter are different from the provisions of any other ordinance or adopted code, the more restrictive provisions shall apply, except as the same may be superseded by resolution or ordinance.

(D) Effect on permits, licenses and approvals. The rights granted by any permit, license or other approval under any ordinance repealed by this chapter shall be continued, but in the future, to the extent permitted by law, such rights shall be exercised in accordance with the provisions of this chapter.

(E) Effect on easements, covenants and agreements. The provisions of this chapter are not intended to abrogate any easements, covenants or other existing agreements which are more restrictive than the provisions of this chapter.

(F) Redevelopment plan standards supersede. Whenever an area of the city has been included in an approved redevelopment plan, or specific plan adopted pursuant to Cal. Gov’t Code §§ 65000 et seq. , and if such plan contains any standards relating to land usage, such standards shall supersede the provisions of this chapter. (Ord. 1346, passed 5-2-12)

When a project is determined to be subject to the provisions of the California Environmental Quality Act (CEQA), the application shall be reviewed in accordance with the provisions of this chapter, the CEQA (Cal. Pub. Res. Code §§ 21000 et seq. ), the CEQA Guidelines (Cal. Gov’t Code §§ 15000 et seq. ) and any environmental guidelines adopted by the city.

(Ord. 1346, passed 5-2-12)

The provisions of this chapter shall be interpreted and deemed as the minimum requirements necessary and the maximum potential limits for the protection of the public health, safety, comfort, convenience and general welfare of the city and its residents, unless the context of a specific regulation clearly provides otherwise. (Ord. 1346, passed 5-2-12)

If any section, subsection, subdivision, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional. (Ord. 1346, passed 5-2-12)

153.020 ADMINISTRATION AND ENFORCEMENT

(A) Planning division functions. Pursuant to Cal. Gov’t Code § 65100, the city establishes a planning division to carry out the land use and planning functions of this jurisdiction. As designated by this chapter the following participates in the planning process:

• (1) City Council.

• (2) Planning Commission

(3) Design Review Committee. The Design Review Committee shall be composed of the Director of Community Development, the City Engineer, a representative of the Police Department and City Planner as the chairperson.

• (4) Zoning Administrator. The Director of Community Development, the Director of Public Works or a designated representative shall act as the Zoning Administrator.

• (5) City Planner.

• (B) Duties assigned. Responsible agencies shall perform duties as assigned by this subchapter and subchapter 153.210, Administrative Procedures.

• (Ord. 1346, passed 5-2-12)

The City Council shall have the following responsibilities with respect to the implementation of this chapter:

• (A) Appoint Planning Commission. Appoint members of the Planning Commission.

• (B) Planning Commission appeals. Act as the appeal body on decisions made by the Planning Commission.

• (C) Applications. Hear and act upon applications for specific plans, Zoning Code text and map amendments, General Plan amendments and development agreements.

• (D) Amendments. Direct planning-related policy amendments and special studies as necessary or desired.

(E) Other powers and duties. Exercise other powers and duties as are prescribed by state law or local ordinance.

• (Ord. 1346, passed 5-2-12)

The Planning Commission shall have the following responsibilities:

• (A) Zoning Administrator appeals. Act as the appeal body on decisions made by the Zoning Administrator.

• (B) Design Review Committee appeals. Act as the appeal body on decisions by the Design Review Committee.

• (C) Conditional use permits and variances. Hear and act upon applications for conditional use permits and variances.

(D) Recommendations to city council. Hear and make recommendations to the City Council on applications for specific plans, Zoning Code text and map amendments, General Plan amendments, development agreements and other related planning studies.

(E) Zoning Code amendment studies and recommendations. Initiate studies of amendments to the Zoning Code and make recommendations to the City Council for amendments to the Zoning Code.

(F) Historic Resource Advisory Committee. Act as the Historic Resource Advisory Committee and perform the following duties:

• (1) Regularly survey the city to recommend to the City Council that certain areas, buildings or structures be designated as historically significant.

• (2) Publish and regularly update a register of historic properties, buildings and districts.

• (3) Recommend to the City Council steps to encourage public understanding of and involvement in the unique architectural and environmental heritage of the city through educational and interpretive programs.

(4) Encourage the protection, retention and use of any designated or potential historic properties, buildings and districts.

(5) Recommend and encourage the protection, enhancement, appreciation and use of structures of historical, cultural, architectural, community or aesthetic value that have not been designated as historic buildings but deserve recognition to acknowledge their importance to the city. The Committee may recommend to the City Council steps desirable to recognize these structures without imposing any regulations or controls upon them.

• (6) Encourage cooperation between public and private cultural heritage groups.

• (7) Review and approve redevelopment plans and make recommendations to the City Council regarding proposed historic properties, buildings or districts within the area covered by such plan.

• (8) Notify all public agencies and public utilities that own or may acquire property, including easements and public right-of-way in the city, of the existence of historic properties, buildings and districts.

(G) Other powers and duties. Exercise other powers and duties as are prescribed by state law, local ordinance or as directed by the City Council.

• (Ord. 1346, passed 5-2-12)

The Design Review Committee shall hear and act upon applications for design review, as further provided in Part 2 of § 153.210. This committee shall be composed of the Director of Community Development, the City Engineer or designee, the Building Official, a representative of the Police Department, a representative of the Fire Department and the City Planner who will serve as the chairperson.

(Ord. 1346, passed 5-2-12)

The Zoning Administrator shall be a city staff person designated by the Director of Community Development as the Zoning Administrator. The Zoning Administrator shall have the following responsibilities:

(A) City Planner appeals. Act as the appeal body for of decisions made by the City Planner, unless otherwise provided in this chapter

(B) Zoning Code interpretations and administrative adjustments. Hear and act upon applications for Zoning Code interpretations and administrative adjustments.

(C) Other powers and duties. Exercise other powers and duties as directed by the City Council.

(Ord. 1346, passed 5-2-12)

The Director of Public Works hears and acts upon applications for wireless facility encroachment permits. (Ord. 1346, passed 5-2-12)

The City Planner shall have the following responsibilities:

(A) Record and maintain. Maintain the Zoning Code, Zoning Map and records of zoning actions and interpretations.

(B) Recommend on Zoning Code interpretations. Hear and make recommendations to the Zoning Administrator on Zoning Code interpretations.

(C) Administrative functions. Conduct administrative functions authorized by the Zoning Code, including distribution and receipt of permit applications and corresponding fees; application review and public noticing; determination and issuance of administrative permits and approvals; and preparation of staff reports.

(D) Public participation. Provide information to the public and facilitate public participation on planning matters.

(E) Other powers and duties. Exercise other powers and duties as are prescribed by state law, local ordinance or as directed by the City Council.

(Ord. 1346, passed 5-2-12)

(A) Authority. If ambiguity arises concerning the meaning or applicability of any provision of the Zoning Code, the Zoning Administrator shall have the responsibility to review pertinent facts, determine the intent of the provision and to issue an administrative interpretation for the provisions in question pursuant to § 153.210, Administrative Procedures. The Zoning Administrator shall then issue an official interpretation that shall be in writing and cite the interpreted provisions, along with an explanation of the meaning or applicability of the provision in the circumstances that caused the need for interpretation. An administrative record of all such decisions made by the Zoning Administrator shall be maintained.

(B) Appeals. Interpretations by the Zoning Administrator may be appealed to the designated appeal authority pursuant to § 153.210.020, Administrative Procedures.

(Ord. 1346, passed 5-2-12)

(A) Zoning Code enforcement. The City Manager shall designate the Code Enforcement Officer or Officers who, along with the Planning Commission, Director of Community Development, Director of Public Works, City Planner, Police Department and all other officials charged with the issuance of licenses or permits, shall enforce the provisions of the Zoning Code.

(B) Public nuisances. Any building or structure erected or maintained, or any use of property contrary to the provisions of the Zoning Code, shall be declared to be unlawful and a public nuisance subject to abatement pursuant to chapter 95, Nuisances, of the Baldwin Park Municipal Code.

(C) Zoning Code violations. Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any provisions of the Zoning Code or failing to comply with any order or regulation made hereunder, shall be subject to the penalties set forth in § 10.99 of the Baldwin Park Municipal Code. (Ord. 1346, passed 5-2-12)

153.030 ESTABLISHMENT OF ZONES

The city is divided into the zones, as shown in the chart below, for the purposes of classifying, regulating, restricting and separating the use of land, buildings and structures; regulating and limiting the type, height and bulk of buildings and structures; and regulating areas of yards and other open areas abutting and between buildings and structures.

(Ord. 1346, passed 5-2-12; Am. Ord. 1506, passed 8-2-23)

The Zoning Map known as the “Official Zoning Map of the City of Baldwin Park” dated April 11, 2012, as subsequently amended, and on file with the City Clerk, is adopted herein by reference and shall hereafter exist pursuant to and as an integral part of this chapter. The Zoning Map shall be maintained to reflect the current zoning of the city.

(Ord. 1346, passed 5-2-12)

Where uncertainty exists as to the exact zone boundaries, the following rules shall apply:

(A) Rights-of-way included in zone. A street, alley, railroad right-of-way, watercourse channel or other right-of-way included on the zoning maps, unless otherwise indicated, shall be included within the zone of the adjoining property on either side thereof.

(B) Rights-of-way centerline as boundary. Where a street, alley, railroad right-of-way, watercourse channel or other right-of-way serve as a boundary between to or more zones, the centerline of that right-of-way shall be considered the boundary between zones.

(C) Lines and limits boundaries. When the zone boundaries approximately follow lots lines, section lines or city limits, these lines shall be considered the boundaries.

(D) Boundary interpretation authority. Where the boundary splits a lot or parcel, or uncertainty exists, the exact boundary shall be determined by written decision of the Zoning Administrator.

(E) Right-of-way vacation. When the street, alley or right-of-way that serves as a zone boundary is vacated, the

new zone boundary shall be at the new property line. Where the vacation does not result in a new property line, the zone boundary shall be determined by written decision of the Zoning Administrator.

(F) Annexations. Areas annexed to the city shall come into the city as their existing zone designation. If there is no prior designation, the Zoning Administrator shall determine the nearest comparable zone for the area. The Zoning Map shall then be amended to show the new city limits and zone.

(Ord. 1346, passed 5-2-12)

153.040 RESIDENTIAL ZONES