Ordinance No. 808 - Deleting Requirements of Curb, Gutter, and Sidewalk InstallationsORDINANCE NO. 808
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD AMENDING THE ROSEMEAD MUNICIPAL CODE BY
DELETING THE REQUIREMENT OF CURB, GUTTER, AND SIDWALK
INSTALLATION FOR CONSTRUCTION PROJECTS.
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THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS:
Section 1. Sections 15.04.040 and 15.04.050 of the Rosemead Municipal Code are
hereby amended to read as follows:
15.040.040 Planting of street trees; closure of driveway approaches not in use.
• A. The City Council finds that there are areas in all zones within the city where street trees are
lacking (or in such condition as to need repair or replacement). The lack of street trees is detrimental
to the public health, safety and welfare. The public health, safety and welfare will be-best protected
and served by requiring the installation of street trees in instances of substantial new construction.
B. Any owner, lessee, occupant or agent constructing or causing the construction, in any zone,
of any building, dwelling, building addition or repair (whether interior or exterior), garage, carport or
other accessory building or structure (excluding swimming pools) estimated by the Building
Department on building plans to have a value of ten thousand dollars ($10,000.00) or more (except
building permits for reconstruction as a result of fire damage or acts of God such as earthquakes and
storms), shall close all driveway approaches not in use or which are considered unsafe for ingress or
egress and shall install street trees in accordance with city standard, unless street trees already exist,
on the street frontage of the parcel of land on which the building or structure is to be constructed.
When public right-of-way is needed to establish street trees to city standards, the applicant shall,
prior to issuance of a building permit, submit an irrevocable offer to dedicate the necessary street
frontage.
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C. The Director of Planning and the Building Official shall not issue a certificate of occupancy
nor accept any structure for public utility connection, nor approve any structure or improvement for
use unless and until the provisions of this section have been complied with or a bond or cash in
sufficient sums to insure the installation required in subsection B of this section is filed with and
accepted by the Planning Department of the city, or modification therefrom has been obtained,
pursuant to the provisions of Section 15.04.050 (Ord. 764 § 2 (part), 1995: prior code § 8104)
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15.04.050 Limited modification procedure - Planting of street trees.
A. Any person desiring to obtain a modification from the provision of Section 15.04.040 may
file with the Planning Commission a written application. The Planning Commission shall give the
applicant for such modification an opportunity to be heard if he or she so desires, and thereafter may
grant or deny the application for the modification, or may grant the same upon such conditions as the
Planning Commission deems necessary for the preservation of the safety, health or property of the
general public.
of the hearing upon the application for modification before the Planning Commission.
F. The City Council may consider the appeal on the record, if any, made before the Planning
Commission, or de trove; and thereafter the City Council may refer the matter back to the Planning
Commission for further consideration or may reverse, affirm or modify the decision of the Planning
Commission subject to the same standards and limitations imposed upon the Planning Commission
• by this section. Except as herein expressly otherwise provided the decision of the City Council Shall
be final. (Ord. 764 § 2 (part), 1995: prior code § 8105)
Section 2. The City Council determines that a number of appeals to the requirements of
construction of sidewalks (current Rosemead Municipal Code § 15.04.040) are pending. In at least
one case, an occupancy permit would be not able to be issued pending a determination of the appeal
or repeal of the requirement. The Council further determines that absent an immediate effective date
0 for this ordinance, there will be a detrimental effect on the public health, safety, and welfare. For
these reasons, the public health, safety, and welfare require that this ordinance take effect
immediately. This is an urgency ordinance.
Section 3. If any provision of this ordinance is held to be unconstitutional, it is the intent of
the City Council that such portion of this ordinance is be severable from the remainder and that the
remainder be given full force and effect.
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15.04.020
"Health Code" or "Los Angeles County
Health Code" shall mean the Health Code as
adopted by Section 8.04.010 as amended.
"Health Officer" shall mean the Health
Officer of the city of Rosemead.
"Mechanical Code" shall mean the Mechan-
ical Code as adopted by Chapter 15.16 as
amended.
"Occupancy" shall mean the purpose for
which a building is used or intended to be
used. The term shall also include the building
or room housing such use. "Change of occu-
pancy" includes a change of tenant or user in
any commercial or industrial use.
"Plumbing Code" shall mean the Plumbing
Code as adopted by Chapter 15.12 as amend-
ed.
"Special Inspector" shall mean a person
holding a valid certificate of registration. (Ord.
764 § 2 (part), 1995: prior code § 8101)
15.04.030 Building code fees.
Notwithstanding the provisions of Section
15.04.010, fees for plan check, inspection and
other miscellaneous services shall be based on
the most current fee set forth by Los Angeles
County, Title 26, Fees and shall be increased
by fifty (50) percent. (Ord. 764 § 2 (part),
1995: prior code § 8102)
15.04.040 Construction of sidewalks,
curbs and gutters and
planting of street trees.
A. The City Council finds that there are
areas in all zones within the city where side-
walks, curbs, gutters and street trees are lack-
ing (or in such condition as to need repair or
replacement). The lack of adequate sidewalks,
curbs, gutters and street trees is detrimental to
the public health, safety and welfare by the
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creation of pedestrian and vehicular traffic
hazards, poor drainage and difficulty in street
cleaning and maintenance; that the construc-
tion of additional buildings, dwellings, addi-
tions, garages or accessory buildings, will, in
most instances, substantially aggravate or add
to such traffic, drainage, street cleaning and
maintenance problems, unless sidewalks,
curbs, gutters and street trees are provided in
conformity with present standards of the city,
and that the public health, safety and welfare
will be best protected and served by requiring
the construction of sidewalks, curbs and gut-
ters, and the installation of street trees in all
instances of new construction.
B. Any owner, lessee, occupant or agent
constructing or causing the construction, in
any zone, of any building, dwelling, building
addition or repair (whether interior or exteri-
or), garage, carport or other accessory building
or structure (excluding swimming pools) esti-
mated by the Building Department on building
plans to have a value of ten thousand dollars,
($10,000.00) or more (except building permits
for reconstruction as a result of fire damage or
acts of God such as earthquakes and storms),
shall close all driveway approaches not in use
or which are considered unsafe for ingress or
egress; shall construct sidewalks, curbs, gutters
and shall install street trees in accordance with
city standard, unless sidewalks, curbs, gutters
and street trees already exist, on the street
frontage of the parcel of land on which the
building or structure is to be constructed; and
such improvements substantially conform to
city standards and are in good condition and
repair; except that on lots exceeding one-half
acre in size, said sidewalks, curbs, putters and
street trees need be installed only along that
portion of the subject lot. Removal of existing
street trees located where establishment of
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sidewalk, curb or gutter is required shall be
provided by the city.
C. When public tight-of-way is needed to
establish sidewalks, curbs, gutters and street
trees to city standards, the applicant shall,
prior to the issuance of a building permit,
submit an irrevocable offer to dedicate the
necessary street frontage.
D. The Director of Planning and the Build-
ing Inspector shall not issue a certificate of
poccupancy nor accept any structure for public
utility connection, nor approve any structure
or improvement for use unless and until the
provisions of this section have been complied
with or a bond or cash in sufficient sums to
insure the installations required in subsection
B of this section is filed with and accepted by
the Planning Department of the city, or modi-
fication therefrom has been obtained, pursuant
to the provisions of Section 15.04.050. (Ord.
764 § 2 (part), 1995: prior code § 8104)
15.04.050 Limited modification
procedureConstruction of
sidewalks, curbs, gutters and
planting of street trees.
A. Any person desiring to obtain a modifi-
cation from the provisions _ of Section
15.04.040 may file with the Planning Commis-
sion a written application. The Planning Com-
mission shall give the applicant for such modi-
fication an opportunity to be heard if he or she
so desires, and thereafter may grant or deny
the application for the modification, or may
grant the same upon such conditions as the
Planning Commission deems necessary for the
preservation of the safety, health or property
of the general public.
B. The Planning Commission upon such
application, or on its own motion, may grant
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15.04.040
a modification from the provision of Section
15.04.040 for one or more of the following
reasons:
1. The construction of sidewalks, curbs or
gutters or installation of street trees, in the
area involved is included in a budgeted city
project or within an approved assessment dis-
trict.
2. Because of the peculiar circumstances
of the property, the development of the sur-
rounding property, or because of other similar
reasons such sidewalks, curbs, gutters or street
trees can be best constructed or installed
through use of an assessment proceeding.
3. Because of the location of the property
the terrain or condition thereof, or other simi-
lar reasons, the construction of sidewalks,
curbs or gutters or installation of street trees,
would be impractical or unnecessary or would
impose undue hardship on the owner of the
property.
C. Within fifteen (15) days after receipt of
written notice of the decision of the Planning
Commission concerning such modification
application, any person affected thereby may
appeal to the City Council, by filing a notice
of appeal with the City Clerk. Except in case
of an appeal filed by a pvemmental body or
school district, such notice of appeal shall be
accompanied by a fifty dollar ($50.00) filing
fee.
D. Unless the City Council, within thirty
(30) days after notice of appeal has been filed,
determines to grant a hearing or to refer the
matter back to the Planning Commission for
rehearing the appeal shall be deemed dis-
missed and the decision of the Planning Com-
mission shall thereupon become final.
E. If the City Council determines to hear
the appeal, ten days written notice of such
hearing shall be mailed by certified mail to the
15.04.050
appellant and to all persons who requested
such notice at the time of the hearing upon the
application for modification before the Plan-
ning Commission.
F. The City Council may consider the ap-
peal on the record, if any, made before the
Planning Commission, or de novo; and there-
after the city council may refer the matter
back to the Planning Commission for further
consideration or may reverse, affirm or modify
the decision of the Planning Commission
• subject to the same standards and limitations
imposed upon the Planning Commission by
this section. Except as herein expressly other-
wise provided, the decision of the City Coun-
cil shall be final. (Ord. 764 § 2 (part), 1995:
prior code § 8105)
15.04.060 Violations-Penalties.
Every person violating any provision of the
1998 California Building Code as amended by
Title 26 Los Angeles Building Code and ap-
pendices, adopted by reference. by Section
15.04.010, or of any permit or license granted
• thereunder, or any rules or regulations promul-
gated pursuant thereto, is guilty of a misde-
meanor. Upon conviction thereof he or she
shall be punishable. by a fine not to exceed
one thousand dollars ($1,000.00) or imprison-
ment not to exceed six months, or by both
such fine and imprisonment. The imposition
of such penalty for any violation shall not
excuse the violation or permit it to continue.
Each day that a violation occurs shall consti-
tute a separate offense. (Ord. 793 § 3, 1999)
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Section 4. The City Clerk shall certify to the adoption of this Ordinance.
PASSED, APPROVED and ADOPTED this 13' day of June, 2000.
yo"'Ot- c - C~-
Margaret Clark, Mayor
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ATTEST:
City Clerk
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF ROSEMEAD
I, Nancy Valderrama, City Clerk of the City of Rosemead, do hereby certify that the
• foregoing Ordinance No. 808 being:
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD AMENDING THE ROSEMEAD MUNICIPAL CODE BY DELETING
THE REQUIRMENT OF CURB, GUTTER, AND SIDEWALK INSTALLATION FOR
CONSTRUCTION PROJECTS
was duly adopted at a regular meeting of the Rosemead City Council on the 13°i day of June,
2000, by the following vote to wit:
YES: COUNCILMEMBERS, VASQUEZ, BRUESCH, CLARK, IMPERIAL,
TAYLOR
NO: NONE
ABSENT: NONE
18 ABSTAIN: NONE
C TTY CLE