PC - 1977-07 - Adoption of Amended Section 9192 of the Rosemead Municipal Code, Regarding the Relocation of Buildings•
9
RESOLUTION 77-7
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROSEMEAD RECOMMENDING TO THE
CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTION
OF AMENDED SECTION 9192 OF THE ROSEMEAD
MUNICIPAL CODE, REGARDING THE RELOCATION OF
BUILDINGS
THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. The Ptanning Commission does hexeby 6.Lnd
determine TQ RpU Y-ic hean.ing was duty conducted on Apn.Lt 4,
1977, ihothe Couneit Chambexs o6 the Rosemead City Hatt, 8838
Boutevand, Rosemead„ Cati6onn.La, and that notice o6 the time,
ptace and puapose o6 the a6onesaid heanLng was given according
Law.
and
Vattey
date,
to
Section 2.. The Peann.ing Commission 6unthex binds and
de-tenmines x a.t acts do exist substantiating that the attached
amendment to the Rosemead Zoning Regulations z3~ in the pubtie
in.tehes-t and the genenat wet6ane witt be served and good zoning
pnac.t.Lces wiF-Z be 6ottowed in appnovat o6 this amendment.
Section 3 . , The Ptanning Commission binds that a
Negative Dec ana (on was pnepaned in compt.Lance with the Cati6oania
Envi) onmen.tat 2uat.L.ty Act, (CEQA), the Guidet.Lnes 6oh the
Imptemen-ta.t.Lon o6 CEQA and Rosemead Resotu,tion 75-28,
Section 4. The Secne.tany shatt een-ti6y to the adoption
o6 this Resoso und transmit copes .theneo6 to the City Ctekk
o6 the City o6 Rosemead.
ADOPTED THIS 4th DAY OF April , 1977.
DZ
CHAIRMAN
PLANNING COMMISSION
CERTIFICATION
I hereby cehti6y .tha.tt,the 6onegoing is a ,ticue copy o6 the
Resotu-t.Lon adopted by the Ptanning Comm- s,5ion o6 the City o6
Rosemead at .Cts negutan meeting held on April 4 1977
by the 6ottowing vote:
AYES: Lowrey, Cianciola, DeTora, Ritchie, Tury
NOES: None.
ABSTAIN: None
ABSENT: None
PLrNNING COMMISSION
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ROSEMEAD
AMENDING THE ZONING ORDINANCE AND
AMENDING THE ROSEMEAD MUNICIPAL CODE
THE CITY.COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS:
Section 1. Part XXXIII of Article IX of the Rosemead
Municipal ole is amended to read:
91.92:.. Approval D?o={eYis=~rng-`bizfld'fng='o-r=struc-tiira; or-sect- oni-rthereof-;-
shall be moved or relocated upon a site in the City of Rosemead
without first obtaining the approval of the Rosemead Planning
Commission.
1
9192.2 Filing Fee. (Not Refundable). Prior to or at the time of filing
any application for a permit to move a building or structure, a
..fee of one hundred fifty dollars ($150.00) shall be paid by the
Applicant to defray the reasonable cost of.investigations and other
services.required by the Planning Department pursuant to this
chapter. The filing fee provided in this section shall be in
addition to other 'permits and/or fees which are required to erect,
construct, enlarge,.alter, repair, improve, and convert any
structural, electrical, plumbing and heating work required for
any building, or to demolish any building or structure pursuant
to other applicable laws or.ordinances.
NOTE: THIS IS A FEE, NOT A PERMIT. THE FILING
FE'E~ I-SNOT`-RE=FTJNDA'BLE , EvE1" THOUGH'' THE=="
RELOCATION PERMIT MAY BE DENIED.
3
9192.4 Hearing on Application/Notices -.Upon the filing of the
application referred to in the preceding section, the
Planning Director shall set the matter for public hearing
before the Planning Commission, At least 10 (ten) days
before the hearing, the Planning Department shall cause
notice thereof to be posted in a conspicuous place on the
property towhich it is proposed to move such building.
Such notice shall be no smaller than 22" X 28"
I
and shall be headed NOTICE OF PROPOSED BUILDING RELOCATION:
in letters not less than "4" "(four) inches in height' and
also stating the time and place of the public hearing on
the application for relocation permit. He shall also cause
notice of the hearing to be mailed to the owners of all
contiguous and cornering real property, including such real
property on the opposite side of any public alley.
r
5
9192.6 Conditions
The.person named in the application as the person who will
move the building or structure to be moved or removed shall
furnish evidence of publ'ic.liability insurance covering
injuries to persons and property by reason of the proposed
moving- or -removing of said" building'' in a 'reasonable amount-
to to be approved by the Director of Planning, but in no event
less than ten thousand dollars..($10,000.00).
2. No Relocation Permit shall be issued unless the applicant .
therefor shall first post a bond with the Director of Planning
executed by the owner of the premises where the building is
to be located, as principal, and a .surety company authorized to
do business in California, as surety. The bond shall be joint
and several and shall name the City of Rosemead as obligee,
and shall be in an amount equal to the estimated cost, plus
ten percent, of the work required to be done in order to comply
with the conditions of the Relocation Permit as estimated by
the Director of Planning.
A cash bond may be posted in lieu of the surety bond, but
upon the same terms and I conditions. The bond shall be
conditional as follows:
7
•
8 . Prior to the issuance of a Moving permit from the
Los Angeles County Road Department, Applicant must submit
to the Rosemead Planning Department a signed and notarized
"Affidavit of Acceptance of Conditions."
8a
such cash deposit shall, upon the completion of the work, be returned
to the depositor, or to his successors or assigns, after deducting
the cost of the work plus ten percent thereof.
(e) When any default has occurred on the part of the principal
(Applicant) under the preceding.provisions, the surety (Bonding
Company) shall have the option, in lieu of completing the work
required,to demolish the building or structure and to clear, clean,
and restore the site. If the surety (Bonding Company) shall fail
to complete the work or demolish the building or structure and to
clear, clean and restore the site as herein provided,.the City shall
have. the.. same option,..
(f) The term of each bond posted pursuant to this section shall
begin upon
the
date of the posting
thereof and
shall end
upon
the
completion
to
the satisfaction of
the Planning
Commission
of
the
performance of all the terms and conditions of the Relocation
Permit. Such completion shall be evidenced by a statement thereof
signed by the building inspector, a copy of which will be sent to
any surety (Bonding Company) or principal (Applicant) upon request.
When a cash bond has been posted, the cash shall be returned to the
depositor, or to his successor or assigns, upon the completion of
the project, except any portion thereof that may have been used or
deducted as elsewhere in this section provided.
10
9192.9 Appeal. The action of the Planning Commission in acting upon
an application for a permit hereunder shall be final and
conclusive unless an appeal is filed in writing with the
City Council by the Applicant or other aggrieved party within
,ten days after decision. The City Council, upon receipt of .
written appeal, shall conduct a public hearing
on the matter and the action of the City Council following
such hearing shall be final and conclusive.
PASSED, APPROVED AND ADOPTED THIS DAY OF , 1977.
ATTEST:
12