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PC - 1979-08 - Amendment clarifying Rosemead Municipal Code 9106.33PC RESOLUTION NO. 79-8 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF ROSEMEAD AN AMENDMENT CLARIFYING ROSEMEAD MUNICIPAL CODE § 9106.33 DEFINING THE OPEN SPACE REQUIREMENTS FOR CONDOMINIUM PROJECTS. THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD HEREBY RESOLVES: WHEREAS, the definition of open space for condominium projects affects the density of development, fire safety, useable open space for all residents of the project, separation and insulation of adjacent uses from noise, and the aesthetics quality of the environment within the City, and WHEREAS, § 9106.33 of the Rosemead Municipal Code defines open space as including any private or common open space, and excluding front yard setback, but does not exclude sideyard setbacks, from the computation of such open space, and WHEREAS, on February 5, 1979, the Commission, approved a policy of excluding side yard setbacks from the, computation of either private or common open space, and WHEREAS, the e is sufficient ambiguity in the present language of 8 9106.33 to warrant formal amendment of its provisions NOW THEREFORE BE IT RESOLVED THAT Section 1. The Planning Commission of the City of Rosemead recommends to the City Council of the City of Rosemead that Rosemead Municipal Code §9106.33 Open Space be amended to read as follows: Section 9106.33 O enen Spaace. There shall be provided a minimum of 400 square feet of private and or common.open space, or any combination thereof per unit exclusive of front or "side yard setbacks, off street parking or vehicular accessways. Section 2. The Planning Commission finds this matter to be tec nica in nature, but serious in its consequences, having a substantial impact.upon the health, welfare, safety and aesthetic environment of the City because inclusion of side yard setbacks in the open space computation will dramatically increase density, and urban congestion as well as detract from the amount of physically useable space availalbe to residents of condominium projects while increasing fire risks, noise and disruption to adjacent properties. Section 3. For the reasons setforth in §2 of this reso ut~ the Planning Commission requests that the City Council Rpf the City of Rosemead adopt the amendment contained in S1 hereof by urgency ordinance. PASSED, APPROVED, AND ADOPTED this February , 1979. 20 day of c CHAIRMAN, ROBERT T. RITCHIE CERTIFICATION I hereby certify that the foregoing is a true copy of the Resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting held on February 20, 1979 by the following vote: AYES: Handy, Lowrey, Ritchie, Cleveland, DeTora NOES: None ABSENT: ABSTAIN: