Ordinance No. 062 - Construction of Sidewalks, Curbs, and GuttersORDINANCE NO. 62
AN ORDINANCE OF THE CITY OF ROSEMEAD AMENDING
CHAPTER I OF ARTICLE Vill AND CHAPTER I OF
ARTICLE IX OF THE ROSEMEAD MUNICIPAL CODE BY
ADDING THERETO SECTIONS 8103 and 9103 RESPECTIVELY,
REQUIRING THE CONSTRUCTION OF SIDEWALKS, CURBS AND
GUTTERS IN CONJUNCTION WITH BUILDING CONSTRUCTION
AND PROVIDING FOR A VARIANCE PROCEDURE PERTAINING
THERETO
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS:
Section I. The Rosemead Municipal Code is amended by
adding a new section 8103 to Chapter I of Article VIII thereof
to read:
"Section 8103. Re uirement for Construction of Side-
curbs-and cutters to ontunction with ut inq onstru
on.
(a) The City Council of the City of Rosemead finds
that there are areas within said city where sidewalks, curbs
and gutters are lacking; that the lack of adequate sidewalks,
curbs and gutters is detrimental to the public health, safety
and welfare, by the creation of pedestrian and vehicular
traffic hazards, poor drainage and difficulty in street clean-
ing and maintenance; that the construction of additional
buildings or dwellings (other than additions, garages and
accessory buildings having less than fifty percent of the
square footage of existing construction) will, in most instances
substantially aggravate or add to such traffic, drainage and
street cleaning and maintenance problems, unless sidewalks,
curbs and gutters are provided concurrently with such con-
struction; and that the public health, safety and welfare
will be best protected by requiring the construction of side-
walks, curbs and gutters in all instances of new construction.
(b) Any owner, lessee or agent constructing or causing
the construction of a building or dwelling (other than addi-
tions, garages or accessory buildings having less than fifty
percent (50%) of the square footage of existing construction),
shall also construct or cause to be constructed sidewalks,
curbs and gutters in accordance with the city standards and
specifications on file in the office of the city clerk, unless
sidewalks, curbs and gutters already exist along all street
frontages of the lot or lots on which the building or dwelling
is to be constructed; provided, however, that in areas not
divided into one-half acre or smaller lots, sidewalks, curbs
and gutters need only be installed along that portion of the
street which fronts on the improved portion of said lot or
lots.
(c) Street as used in this section shall include
privately owned and maintained rights-of-way where the same
are open for general public use and for general vehicular
traffic.
(d) The building inspector shall not issue a certi-
ficate of occupancy or accept any structure for public utility
connection until the provisions of this section have been
complied with or a variance therefrom has been obtained, pur-
suant to the provisions of Section 9103 of this Code.
Section 2. The Rosemead Municipal Code is further
amended yb adding a new Section 9103 to Chapter I of Article
IX thereof, to read:
di
tion 9103. Variance Procedure in
unction witn buitaina uonstru
•
(a) Any person desiring to obtain a variance from the
provisions of section 8103 of this Code (Requirement for Con-
struction of Sidewalks, Curbs and Gutters in Conjunction with
Building Construction) may file with the Planning Commission
a written application therefor, The Planning Commission shall
give the applicant for such variance an opportunity to be
heard if he so desires, and thereafter may grant or deny the
application for the variance or may grant the same upon such,
conditions as the Planning Commission deems necessary for the
preservation of the safety, health or property of the general
public.
(b) The Planning Commission upon such application, or
in its own motion-, may grant a_variance from the provisions of
ihi's section for one or more of.the following reasons;
(i) The construct,ion."of sidewallks or curbs and
gutters in the area involved is included in a
budgeted city project or"wi"thin an approved
assessment district.
(H) Because of the peculiar circumstances of the
property, the development of the surrounding
property, or because of other similar reasons
such sidewalks or curbs and gutters can be best
constructed through use of an assessment pro-
ceeding.
(iii) Because of the location of the property, the
terrain or condition thereof, or other similar
reasons, the construction of sidewalks or curbs
and gutters would be impractical or unnecessary
or would impose undue hardship on the owner of
the property.
(.c) Within fifteen (15) days after receipt of
wr•itten,not)ce,ofg,the"decision,of,the,"Planning Commission.~on-
Cerring,suchrvariance ap'plication,- any person affe6ted.6e:reby,
inpluding;'gny ci",ty offi`cial,may appeal to.-the-City Council,
by~filing"with'-t~e'City Clerk'a notice of appeal.- Except in
case of an;appeal,~filed by a c:i:ty official;-such: notice,of,t.,
appeal-shal'l.be accompanied by a;$10, 00 filing fee:
(d):'.Unless the City Council, within 'thirty (30) days
after noti'ce of appeal has been filed, determines to grant a
hearing or to refer the matter back•.to the Planning Commission,
for rehearing, the appeal shall be deemed dismissed and the
decision of the Planning Commission shall thereupon become
final,.
(e) ff the City Counci 1 `determines to"hiear the'appeal,
ten 00) days written notice of such, hearing shall be mailed,
d~ reg,i,s.t&ed or:,.,oert'Vfi;ed tea11 "to-,th&'appel lant =and to al Y
persons who requested such notice at the time of the hearing
upon the:'application for varlance before the Planning
Commission:
(f) The City Council may consider the appeal on the
record, if any, made before the Planning Commission, or de
novo; and thereafter the City Council may refer the matter
back to the Planning Commission for further consideration
or may reverse, affirm or modify the decision of the Planning
Commission subject to the same standards and limitations
imposed upon the Planning Commission by this section. Except
as herein expressly otherwise provided, the decision of the
City Council shall be final.
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PASSED, APPROVED AND ADOPTED this
1961.
AYES:
COUNCILMEN:
NOES:
COUNCILMEN:
ABSENT:
COUNCILMEN:
day
A Y KSEMEEAD
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ATTEST:
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