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CC - Item 3D - Amending The Rosemead Municipal Codestaf epor TO: HONORABLE MAYOR AND MEMBERS OF ROSEMEAD CITY COUNCIL FROM: FRANK G. TRIPEPI, CITY MANAGER DATE: JUNE 13, 2000 URGENCY ORDINANCE NO. 808 - AMENDING THE ROSEMEAD MUNICIPAL CODE BY DELETING THE REQUIREMENT OF CURB, GUTTER, AND SIDEWALK INSTALLATION FOR CONSTRUCTION PROJECTS Staff is suggesting repeal of the municipal code section, which mandates-the construction of - curbs, gutters, and sidewalks during substantial new constructions ($10,000 or more valuation). As the Council is aware, substantially all of the city now has curbs and gutters. As to sidewalks, the Staff is suggesting that the city act as facilitator when neighborhoods wish to construct sidewalks. Staff would organize meetings, provide engineering assistance,etc.-This approach - would replace the current practice of requiring the installation of sidewalk in each case where there is, substantial. new construction. The current policy requiring such installation has not provided completion of sidewalks in the neighborhoods that do not have them. The proposed amendment retains the requirement of street tree planting for new construction as well-as-the-enclosure ofunused-driveway approaches.- - - - - Staff recommends the adoption of Ordinance No. 808 as an urgency measure as several appeals ,ending to the sidewalk installation requirement and at least one occupancy permit may be delayed if this ordinance is not immediately effective. I have attached a copy of the existing ordinance. RECOMMENDATION That the City Council waive reading in full and adopt Ordinance No. 808 rN 13 2000 ' i ORDINANCE NO. 808 AN URGENCY ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF- ROSEMEAD AMENDING THE ROSEMEAD MUNICIPAL CODE BY DELETING THE REQUIREMENT OF CURB, GUTTER, AND SIDWALK INSTALLATION FOR CONSTRUCTION PROJECTS. 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, carj9ok 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 (l 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. 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 iequired -in-- ubsection B of this section is filed with"arid - 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) 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. B. The Planning Commission upon such application, or on its own motion, may grant a modification from the provision of Section 15.040.040 for one or more of the following reasons: 1. The installation of street trees, in the area involved is included in a budgeted city project or within an approved assessment district. 2 Because of the location of the property the terrain or condition thereof, or other similar reasons, the 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- applicatiorf, any person affected thereby mayappeal-to the City Council, by filing a notice of appeal with the City Clerk. Except in case of an appeal filed by a governmental 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, determined to grant a hearing or to refer the matter back to the Planning Commission for rehearing the appeal shall be deemed dismissed and the decision of the Planning Commission shall thereupon become final. E. If the City Council determines to hear the appeal, ten days written notice such hearing shall be mailed by certified mail to the appellant and to all persons who requested such notice at the time l 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 novo; 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 for this ordinance, there will be a detrimental effect on the public health, safety, and welfare. For these reasons, the public health, safety, and welfEe require thit 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. Section 4. The City Clerk shall certify to the adoption of this Ordinance. PASSED, APPROVED and ADOPTED this 13' day of June, 2000. Margaret Clark, Mayor ATTEST: 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 Meehan- 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 buildin-- 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). 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, 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- - 15.04.030 Building code fees. mated-by the.Building Department on-building - - Notwithstanding the provisions of Section plans to have a-value of ten thousand dollars. 15.04.0101fees' for plan check, inspection and (S 10,000.00) or more (except building permits - othermiscellaneous services shall bebased on - for reconstruction as a result of fire damage or - the most current fee set forth by Los Angeles acts of God such as earthquakes and storms), County, Title 26_,-Fees and shall be increased- shall,close all dri veway-approaches . not in use. - by fifty (50) percent. (Ord. 764 § 2 (part), or which are considered unsafe for ingress or - - - 1995: ,I or code § 8102) _ egress; shall construe[ sidewalks, curbs,.ouners a- _ o and shall install street trees in accordance with - 15:04.040'-"Construction of sidewalks =ci[ standard, unless sidewalks,-I bs, gutters y , curbs and gutters and and street trees already exist, on the street planting of street trees. frontage of the parcel of land on which the building or structure is to be constructed; and A. The City Council finds that there are such improvements substantially conform to areas in all zones within the city where side- city standards and are in good condition and walks, curbs, gutters and street trees are lack- repair; except that on lots exceeding one-half ing (or in such condition as to need repair or acre in size, said sidewalks, curbs, gutters and replacement). The lack of adequate sidewalks, street trees need be installed only along that curbs, gutters and street trees is detrimental to portion of the subject lot. Removal of existing the public health, safety and welfare by the street trees located +vhere establishment of 272 15.04.040 sidewalk, curb or gutter is required shall be a modification from the provision of Section provided by the city. 15.04.040 for one or more of the following C. When public right-of-way is needed to reasons: establish sidewalks, curbs, gutters and street 1. The construction of sidewalks, curbs or trees to city standards, the applicant shall, gutters or installation of street trees, in the prior to the issuance of a building permit, area involved is included in a budgeted city submit an irrevocable offer to dedicate the project or within an approved assessment dis- necessary street frontage. trict. D. The Director of Planning and the Build- 2. Because of the peculiar circumstances ing Inspector shall not issue a certificate of of the property, the development of the sur- poccupancy nor accept any structure for public rounding-property,_or_because-of-other-similar- - - - utility connection, nor approve any structure reasons such sidewalks, curbs, gutters or street or improvement for use unless and until the trees can be best constructed or installed provisions of this section have been complied through use of an assessment proceeding. with or a bond or cash in sufficient sums to 3. Because of the location of the property insure the installations required in subsection. the terrain or condition thereof, or other simi- B of this section is filed with and accepted by Jar reasons, the construction of sidewalks, the Planning Department of the city, or modi- curbs or gutters or installation of street trees, fication therefrom has been obtained, pursuant would be impractical or unnecessary or would to the_proy_isions of Section 15.04.050. (Ord.--- _ impose-undue-hardship-on the-owner-of the- - 764 § 2 (part), 1995: prior code § 8104) property _ - - - C. Within fifteen (15) days after receipt of - 15.04.050 Limited modification written notice of the decision of the Planning ` ► procedure-Construction of Commission concerning such modification - - - sidewalks, curbs, gutters and- ' --application; any person affected thereby may planting of street trees. appeal to the City Council,,by filing a notice A.. -Any person desiring_to obtain a modifi-- of appeal with the City Clerk. Except in case_ cation from the provisions of Section of an appeal filed by a governmental body or 15.04.040 may file with the Planning Commis- school district, such notice of appeal„shall_be-----:_ - sion a written application. The Planning Com- accompanied by a fifty dollar ($50.00) filing - =missiori shall kive the applicant for such modi __:fee - - - - - fication an opportunity to be heard if he or she D. Unless the City Council, within thirty so desires, and thereafter may grant or deny (30) days after notice of appeal has been-filed, he application for the modification, or may determines to grant a hearing or to refer the grant the same upon such conditions as the matter back to the Planning Commission for Planning Commission deems necessary for the rehearing the appeal shall be deemed dis- preservation of the safety, health or property missed and the decision of the Planning Com- of the general public. mission shall thereupon become final. B. The Planning Commission upon such E. If the City Council determines to hear application, or on its own motion, may grant the appeal, ten days written notice of such hearing shall be mailed by certified mail to the 271 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:-. Jprior code § 8105) 15.04.060 Violations-Penalties. 'Every person vidlatifig'any provision of the. 77 _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= _me_anor.=-Upon_ conviction. thereof=fie-or- she shall be punishable by a fine not to exceed one_thousand. dollars.($1,000:00)~orimprison ---.one-thousand s- 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) 274