Ordinance No. 610 - Construction of Multiple DwellingsORDINANCE NO. 610
0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD RESTRICTING THE CONSTRUCTION OF
MULTIPLE DWELLINGS IN THE R-2 ZONE 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. While this ordinance remains in effect, no
building permits, business licenses, certificates of
occupancy or other permits authorizing the construction of
multiple dwellings in the R-2 zone within the City of
Rosemead shall---be issued.
Section 2. While this- ordinance is in effect;. no per:srn,
firm, partnership, corporation, company or organization of
any kind shall commence or construct, or attempt to commence
or construct, any multiple dwellings in the R-2 zone, or
expansion thereof, or to commence the operation of any above
referenced project in the City of Rosemead. This ordinance
shall not apply to any multiple dwellings project issued a
valid Building and Safety Department permit or plan check
receipt or to any multiple dwellings project reviewed and
approved by the City of Rosemead Planning Commission, as of
August.ll, 1987.
Section 3. For purposes of this ordinance, "multiple
dwellings" shall mean any development which is constructed
in a zone designated as Light Multiple Residential (R-2)
zone and is constructed at a density -greater than 6000
square feet of land area per unit. Single Family
Residential projects or additions to single family dwellings
which do not increase the total number of units which are
built to R-1 standards and located in the Light Multiple
Residential (R-2) zone, shall be exempt from the provisions
of this definition.
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 multiple dwellings
in the R-2 zone 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 multiple dwellings in the
R-2 zone which exhibit excessive densities. With continued
construction, the long-term land use density in the R-2 zone
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 -
...2. 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 grantit,g 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 is 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 •._Ipunishable''.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-.1.imprisonment.Each: day. during. any portionof which any
violation..- of. any..,- provision_of::this:_ordinance"- is -committed,
continued or, permitted; constitutes=a.,separate offense.
Section '8. The City Clerk-shall certify to-the-adoption of
this ordinance.
PASSED;,-APPROVED and.ADOPTED,.this-llth day of August:, 1987.
ATTEST: -
Y MAYOR