Ordinance No. 612 - Construction of Multiple DwellingsORDINANCE NO. 612
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD EXTENDING ORDINANCE NO. 610 WHICH
IMPOSED RESTRICTIONS ON THE CONSTRUCTION OF
MULTIPLE DWELLINGS IN THE R-2 ZONE (An Urgency
Ordinance)
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council finds, determines and
declares:
(a) During the period the moratorium on new
construction of multiple dwellings in the R-2 zone was
effective, the Planning Commission held a duly noticed public
hearing and recommended the adoption of Ordinance No. 609, which
requires more lot area to build multiple dwellings; and
(b) On August 25, 1987, the City Council held a
duly noticed public hearing on said Ordinance No. 609; and
(c) After completing the public hearing, the City
Council introduced ordinance No. 609 on August 25, 1987; and
(d) That to prevent a "gap" between the effective
• date of the new regulations and the moratorium, it is necessary
to extend ordinance No. 610 for a brief period;.and
(e) That a subsequent ordinance will be prepared
to finalize the rules under which projects in progress will be
allowed to proceed and which will repeal the moratorium
ordinance effective upon the effective date of Ordinance No.
609.
Section 2. While this ordinance, extending Ordinance
No. 610, 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 3. While this ordinance, extending Ordinance
• No. 610, 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 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 11, 1987.
Section 4. For purpose 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 5. This ordinance shall take effect
immediately and shall expire sixty (60) days thereafter unless
earlier terminated by a City Council Ordinance.
Section 6. 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 granting of a variance would not be materially
detrimental to the public welfare as defined above.
Section 7. 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 8. 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 9. The City Clerk shall, certify to the
adoption of this ordinance.
PASSED, APPROVED and ADOPTED this 22nd day of
September, 1987.
MAYOR
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