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Ordinance No. 660 - Building and Other Permits.2 n~ ORDINANCE NO. 660 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD EXTENDING THE MORATORIUM CREATED BY ORDINANCE NO. 658 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 extension of Ordinance No. 658 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 ten months and fifteen 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. 660 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 27th day of February , 1990. MAYOR ATTEST: CITY CLERK I hereby certify that the foregoing ordinance No. 660 was duly and regularly adopted as an urgency ordinance by the City Council of the City of Rosemead at a regular meeting thereof held on the 27th day of February, 1990, by the following vote: Yes: No: Absent: Abstain: COY CLE DeCocker, Taylor, McDonald, Bruesch, Imperial ;None None None dI / RK 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: 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. 0rd658 40