Ordinance No. 658 - Building and Other PermitsORDINANCE NO. 658
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ROSEMEAD IMPOSING A MORATORIUM ON
ISSUANCE OF BUILDING AND OTHER PERMITS FOR CERTAIN
USES OF PROPERTIES WITHIN SPECIFIED AREAS OF THE
CITY AND DIRECTING THE PLANNING COMMISSION TO
INITIATE A STUDY WITH RESPECT TO THE PROPER ZONING
AND GENERAL PLAN LAND-USE DESIGNATION OF THE
SUBJECT PROPERTIES
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS:
Section 1. While this Ordinance remains in effect, no building permits
shall be issued and no applications for subdivisions, rezonings, land use
permits, variances, or design reviews shall be accepted for construction of
improvements, other than repairs and corrections necessary to secure public
safety, with respect to the properties within the City of Rosemead described in
Exhibit "A" hereto, which is incorporated herein by this reference.
Section 2. Pursuant to the provisions of Section 65858 of the Government
Code of the State of California, this-is an urgency interim zoning ordinance.
This ordinance shall take effect immediately and shall expire forty-five (45)
days thereafter unless extended by the City Council after notice and public
hearing. The facts constituting the current and immediate threat to the public
welfare necessitating an urgency ordinance are as follows:
The property described on Exhibit "A" is predominantly utilized for
• single family dwelling purposes. The City has received several requests for
multi-family apartment development which appear to be inconsistent with the
existing adjacent single family land uses. Those inconsistencies include
but are not limited to, increased density, increases in on-street parking,
traffic, and congestion in the surrounding area. Accordingly, there is a
current and immediate threat to the public welfare, and the approval of
subdivisions, rezonings, land use permits, variances, design reviews, and
building and business licenses for such uses would result in a threat to
the public welfare. The City Council finds that development of the
property with uses and densities presently permitted by its present zoning
would result in a threat to orderly development of the City.
Section 3. The Planning Department and Planning Commission are directed to
conduct a study of the appropriate zoning and General Plan Land-Use Designation
for those properties depicted on Exhibit "A".
Section 4. The City Council may grant relief from the provisions of this
moratorium ordinance upon recommendation of the Planning Commission, subject to
a finding of the following:
1. The strict application of the provisions of the moratorium to a
particular project or property would result in practical difficulties
or unnecessary hardships inconsistent with the general purpose and
intent of the moratorium; and
2. That there are exceptional circumstances or conditions applicable to
the proposed development that do not apply generally to the other
projects covered by this moratorium; and
3. That the granting of an exception would not be materially detrimental
to the public welfare as defined above.
Section 5. If any provision of this ordinance is held to be
unconstitutional or otherwise invalid, it is the intent of the City Council
that such portion of this ordinance be severable from the remainder and that
the remainder be given full force and effect.
Ordinance No. 658
Page 2
Section 6. Violation of this ordinance is a misdemeanor and is punishable
by a fine of not more than one thousand dollars ($1,000) or by imprisonment in
the County Jail for a period of not more than six (6) months or by both such
fine and imprisonment. Each day during any portion of which any violation of
any provision of this ordinance is committed, continued or permitted,
constitutes a separate offense. .
Section 7. The City Clerk shall certify to the adoption of this ordinance.
PASSED, APPROVED and ADOPTED this 23rd day of January , 1990.
c 4A
MAYOR
ATTEST:
CITY CLERK
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I hereby certify that the foregoing urgency Ordinance No: 658 was duly and
regularly adopted by the City Council of the City of Rosemead at a regular meeting
thereof held on the 23rd day of January, 1990, by the following vote:
Yes: DeCocker, Taylor, McDonald, Bruesch, Imperial
No: None
Absent: None
Abstain: None
Y CLERK
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EXHIBIT "A"
LEGAL DESCRIPTION
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All of Parcel\:,,e through 4, Parcel Map No. 7244, in the City of Rosemead,
County of Los les, State of California, as per map filed in Book 75, page
71, of Parcel Min the Office of the Recorder of said County.
Together with ortions of Lots 3, 4, 5, and 6, Block 9, of Rosemead, in
the City of ad, County of Los Angeles, State of California, as per map
recorded in B1, Page 114 and 115, of Maps, in the Office of the Recorder
of said County, particu rly described as follows:
The ea.00 feet of aid Lot 3.
Togethth the west 18 76 of the north 260.00
feet od Lot 5.
Also her with the wes 60.00 feet of the south 260 feet of said
Lot 5.
The no62.5 feet of the east 5 feet of said Lot 4.
Togethith the north.262.5 feet of the west 110.26 feet of said Lot
6.
Lot 1, Tract 38481, within the City of osemead, County of Los Angeles,
State of Calia, as per map filed in Book 9 0, Pages 75 and 76 of Maps, in
the Office of tcorder of said County.
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EXHIBIT "A"
LEGAL DESCRIPTION
Parcel 1:
All of Parcels 1 through 4, Parcel Map No. 7244, in the City of Rosemead,
County of Los Angeles, State of California, as per map filed in Book 75,
page 71, of Parcel Maps, in the Office of the Recorder of said County.
Together with those portions of Lots 3, and 5, Block 9, of Rosemead, in the
City of Rosemead, County of Los Angeles, State of California, as per map
recorded in Book 21, Pages 114 and 115, of Maps, in the Office of the
Recorder of said County, more particularly described as follows:
The east 185.00 feet of said Lot 3.
Together with the west 187.76 of the north 260.00 feet of said Lot 5.
Also together with the west 60.00 feet of the south 290 feet of said Lot 5.
Excepting from the above-mentioned property, those portions within
dedicated street.
Parcel 2:
All of Lot 1, Tract No. 38481, in the City of Rosemead, County of Los
Angeles, State of California, as per map filed in Book 970, Pages 75 and 76
of Maps, in the Office of the Recorder of said County.
• Together with those portions of Lots 4 and 6, Block 9, of Rosemead, in the
City of Rosemead, County of Los Angeles, State of California, as per map
recorded in Book 21, Pages 114 and 115, of Maps, in the Office of the
Recorder of said County, more particularly described as follows:
The east 185,00 feet of the north 292.50 feet of said Lot 4.
Together with the east 110.26 feet of the west 187.76 feet of the north
292.50 feet of said Lot 6.
Excepting from the above-mentioned property, those portions within
dedicated street.
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