Ordinance No. 595 - Establishing Hotels and MotelsnRDTNANCE NO. 595
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AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD RESTRICTING THE
ESTABLISHMENT OF HOTELS AND MOTELS IN
THE CITY OF ROSEMEAD AND DIRECTING THE
PLANNING COMMISSION TO INITIATE A STUDY
WITH RESPECT TO DEVELOPING APPROPRIATE
ZONING REGULATIONS GOVERNING SUCH USES
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS:
Section 1. :chile this ordinance remains in effect, no building
permits, business licenses, certificates of occupancy or other
permits authorizing the establishment of hotels or motels within
the City of Rosemead shall be issued.
Section 2. While this ordinance is in effect, no person, firm
partnership, corporation, company or organization of any kind
shall commence or construct, or attempt to commence or construct,
any hotel or motel, or expansion thereof, or to commence the
operation of any above referenced businesses in the city of
Rosemead. This ordinance shall not apply to any business
establishment lawfully engaged in a hotel or motel operation or
the construction thereof, as of January 27, 1987.
Section 3. For purposes of this ordinance, "hotel" and "motel"
shall have the same meaning as contained in the Rosemead Zoning
Code.
Section 4. 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 City Council finds and determines that the moratorium imposed
by this ordinance is enacted to protect and preserve the public
health, safety and welfare of the local business community and
residents of the community pending completion of a Planning
Commission review of this subject. The Council has been aware of
problems with hotels and motels on major commercial thoroughfares
which have
a detrimental impact on surrounding properties with
a potential of increasing this negative impact in
the future. Additionally, the City has reviewed
recent submittals for new motel developments which
exhibit questionable aesthetic design and for
which, with proliferation of motel and hotel
development, the long-term economic viability is
questionable. Accordingly, there is a current and
immediate threat to the public welfare, and the
approval of subdivisions, rezonings, land use
permits, variances, building permits and business
licenses for such uses would result in a threat to
the public welfare.
Section 5. 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 would
result in practical difficulties or unnecessary
hardships inconsistent with the general purpose and
intent of the moratorium: and
• Z. That there are exceptional circumstances
or conditions applicable to the development that do
not apply generally to the other projects covered
by this moratorium; and
3. That the granting of a variance would not
be materially detrimental to the public welfare as
defined above.
Section 6. 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 be severable from the
remainder and that the remainder be given full force and
effect.
Section 7. 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.
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Section 8. The City Clerk shall certify to the adoption
of this ordinance.
PASSED, APPROVED and ADOPTED this 27th day of January,
1987.
ATTEST:
CITY CLE
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Q'C~ e~::)
61 / MAYOR
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