Ordinance No. 185 - Construction of Sidewalks, Curbs, and GuttersORDINANCE NO. 185
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS:
Section 1. Sections 8110 and 8111 of Chapter 1 of
Article V111 of the Rosemead Municipal Code are hereby amended
AN ORDINANCE OF THE CITY OF ROSEMEAD
AMENDING THE REQUIREMENTS FOR CONSTRUCTION
OF SIDEWALKS, CURBS AND GUTTERS IN
CONJUNCTION WITH BUILDING CONSTRUCTION
AND PROVIDING FOR A LIMITED MODIFICATION
PROCEDURE PERTAINING THERETO, AND AMENDING
CHAPTER 1 OF ARTICLE V111 OF THE ROSEMEAD
MUNICIPAL CODE
to read:
8110
uiremen
id
Cutters. Plantino of Street Irees in uonluncrion
w
0
(a) The City Council finds that there are areas in all
zones within said City where sidewalks, curbs,
gutters and street trees are lacking; that the lack
of adequate sidewalks, curbs, gutters, and street
trees is detrimental to the public health, safety
and welfare, by the creation of pedestrian and
vehicular traffic hazards, poor drainage and dif-
ficulty in street cleaning and maintenance; that
the construction of additional buildings, dwellings,
additions, garages, or accessory buildings will,
in most instances, substantially aggravate or add
to such traffic, drainage, street cleaning, and
maintenance problems, unless sidewalks, curbs,
gutters, and street trees are provided concur-
rently with such construction; and that the public
health, safety and welfare will be best protected
and served by requiring the construction of side-
walks, curbs, and gutters, and the installation
of street trees in all instances of new construction.
(b) Any owner, lessee, occupant or agent constructing
or causing the construction, in any zone, of any
building, dwelling, building addition or repair
(whether interior o+ exterior) garage, carport, or
other accessory building or structure (excluding
swimming pools) estimated by the Building Depart-
ment, on building plans, to have value of $2,000.00
or more, shall construct sidewalks, curbs, gutters,
and shall install street trees in accordance with
City Standards, unless sidewalks, curbs, gutters,
and street trees already exist, on the street
frontage of the parcel of land on which the build-
ing or structure is to be constructed; except that
on lots exceeding one half acre in size, said
sidewalks, curbs,gutters, and street trees need
be installed only along that portion of the street
fronting the improved portion of the subject lot.
Removal of existing street trees located where
establishment of sidewalk, curb, or gutter is
required,shall be provided by the City.
(c) When public right of way is needed to establish
sidewalks, curbs, gutters, and street trees to
City Standards, the applicant shall, prior to the
issuance of a building permit, submit an irrevo-
cable offer to dedicate the necessary street fron-
tage.
(d) The Director of Planning and the Building Inspec-
tor shall not issue a Certificate of Occupancy
nor accept any structure for public utility con-
nection, nor approve any structure or improvement
for use unless and until the provisions of this
section have been complied with or a bond or cash
in sufficient sums to insure the installations
required in subsection (b) hereof is filed with
and accepted by the Planning Department of the
City, or a modification therefrom has been ob-
tained, pursuant to the provisions of section
8111 of this code.
8111. Limited Modification Procedure in Connection with
ui
in Co e Re uirements or Construction o Side-
wa
s, Curbs 6utters and P antin o Street Trees in
on
iunction with building Construction.
Ca)
Any person desiring to obtain a modification from
the provisions of section 8110 of this Code (Requ-
irement for Construction of Sidewalks, Curbs, and
Gutters, and Planting of Street Trees in Conjunc-
tion with Building Construction) may file with the
Planning Commission a written application therefor.
The Planning Commission shall give the applicant
•
for such modification an opportunity to be heard
If he so desires, and thereafter may grant or deny
the application for the modification, 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
on its own motion, may grant a modification from
the provisions of section 8110 for one or mire of
the following reasons:
i. The construction of sidewalks, curbs or
gutters or installation of street trees,
in the area involved is included in a
budgeted city project or within an approv-
ed assessment district.
ii. Because of the peculiar circumstances of
the property, the development of the sur-
rounding property, or because of other
similar reasons such sidewalks, curbs,
gutters, or street trees can be best con-
structed or installed through use of an
assessment proceeding.
iii. Because of the location of the property
the terrain or condition thereof, or
other similar reasons, the construction
of sidewalks, curbs or gutters or instal-
lation of street trees, would be imprac-
tical or unnecessary or would impose undue
hardship on the owner of the property.
(c) Within fifteen (15) days after receipt of written
notice of the decision of the Planning Commission
concerning such modification application, any
person affected thereby may appeal to the City
Council, by filing a notice of appeal with the
City Clerk. Except in case of an appeal filed by
a governmental body or school district, such
notice of appeal shall be accompanied by a $50.00
filing fee.
(d) Unless the City Council, within thirty (30) days after
notice 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) If the City Council determines to hear the appeal, ten
(10) days written notice of such hearing shall be mailed
by certified mail to the appellant and to all persons
who, requested such notice at the time fo the hearing
upon the application for modification 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.
PASSED, APPROVED and ADOPTED this 11th day of October, 1966.
MAYOR OF THE CITY OF ROSEM AD
ATTEST:
CITY CLERK
0
ORDINANCE NO. 185
AN ORDINANCE OF THE CITY OF ROSEMEAD
AMENDING THE REQUIREMENTS FOR CONSTRUCTION
OF SIDEWALKS, CURBS AND GUTTERS IN
CONJUNCTION WITH BUILDING CONSTRUCTION
AND PROVIDING FOR A LIMITED MODIFICATION
PROCEDURE PERTAINING THERETO, AND AMENDING
CHAPTER 1 OF ARTICLE Vill OF THE ROSEMEAD
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS:
Section 1. Sections 8110 and 8111 of Chapter 1 of
0
0
Article Vill of the Rosemead Municipal Code are hereby amended
to readx
8110.
(a) The City Council finds that there are areas in all
zones within said City where sidewalks, curbs,
gutters and street trees are lacking; that the lack
of adequate sidewalks, curbs, gutters, and street
trees is detrimental to the public health; safety
and welfare, by the creation of pedestrian and
vehicular traffic hazards, poor drainage and dif-
ficulty in street cleaning and maintenance; that
the construction of additional buildings, dwellings,
additions, garages, or accessory buildings will,
in most instances, substantially aggravate or add
to such traffic, drainage, street cleaning, and
maintenance problems, unless sidewalks, curbs,
gutters, and street trees are provided concur-
rently with such construction; and that the public
health, safety and welfare will be best protected
and served by requiring the construction of side-
walks, curbs, and gutters, and the installation
of street trees in all instances of new construction.
(b) Any owner, lessee, occupant or agent constructing
or causing the construction, in any zone, of any
building, dwelling, building addition o repair
(whether interior or exterior) garage, carport, or
other accessory building or structure (exc uding
swimming pools) estimated by the Building Depart-
ment, on building plans, to have value of $2,000.OC
or more, shall construct sidewalks, curbs, gutters,
and shall install street trees in accordance with
City Standards, unless sidewalks, curbs, gutters,
and street trees already exist, on the street
frontage of the parcel of land on which the build-
ing or structure is to be constructed; except that
on lots exceeding one half acre in size, said
sidewalks, curbs,gutters, and street trees need
be installed only along that portion of the street
fronting the improved portion of the subject lot.
Removal of existing street trees located where
establishment of sidewalk, curb, or gutter is
required shall be provided by the City.
(c) 'When public right of way is needed to establish
sidewalks, curbs, gutters, and street trees to
City Standards, the applicant shall, prior to the
issuance of a building permit, submit an irrevo-
cable offer to dedicate the necessary street fron-
tage.
(d) The Director of Planning and the Building Inspec-
tor shall not issue a Certificate of Occupancy
nor accept any structure for public utility con-
nection, nor approve any structure or improvement
for use unless and until the provisions of this
section have been complied with or a bond or cash
in sufficient sums to insure the installations
required in subsection (b) hereof is filed with
and accepted by the Planning Department of the
City, or a modification therefrom has been ob-
tained, pursuant to the provisions of section
8111 of this code.
81'11. Limited Modification Procedure in Connection with
ers and Nlantina or Street Trees in
unction with Buildinq Construc
(a) Any person desiring to obtain a modification from
the provisions of section 8110 of this Code (Requ-
irement for Construction of Sidewalks, Curbs, and
Gutters, and Planting of Street Trees in Conjunc-
tion with Build.ing Construction) may file with the
Planning Commission a written application therefor.
The Planning Commission shall give the applicant
for such modification an opportunity to be heard
if he so desires, and thereafter may grant or deny
the application for the modification, 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
on its own motion, may grant a modification from
the provisions of section 8110 for one or m.re of
the following reasons:
i. The construction of sidewalks, curbs or
gutters or installation of street trees,
in the area involved is included. in a
• budgeted city.project or within an approv-
ed assessment district..
ii. Because of the peculiar circumstances of
the property, the development of the sur-
rounding property, or because of other
similar reasons such sidewalks, curbs,
gutters, or street trees can be best con-
structed or installed through use of an
assessment proceeding.
iii.. Because of the location of the property
the terrain or condition thereof, or
other similar reasons, the construction
of sidewalks,.curbs or gutters or instal-
lation of street trees, would be imprac-
tical or unnecessary or would impose undue
hardship on the owner of the property.
(c) Within fifteen (.15) days after receipt of written
notice of the decision of the Planning Commission
concerning such modification application, any
person affected thereby may appeal to the City
Council, by filing a notice of appeal with the
City Clerk.. Except in case of an appeal filed by
a governmental body or school dist.rict,.such
notice of appeal shall be accompanied by a $50.00
filing fee...
„
(d) Unless the City Council, within thirty (30) days after
notice 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) If the City Council determines to hear the appeal, ten
(10) days written notice of such hearing shall be mailed
by certified mail to the appellant and to all persons
who, requested such notice at the time fo the hearing
upon the application for modification 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.
PASSED, APPROVED and ADOPTED this 11th day of October, 1956.
•
MAYOR OF THE CITY OF RO MEAD
ATTEST:
C I T Y CLERK
0
ORDINANCE NO. 185
AN ORDINANCE OF THE CITY OF ROSEMEAD
AMENDING THE REQUIREMENTS FOR CONSTRUCTION
OF SIDEWALKS, CURBS AND GUTTERS IN
CONJUNCTION WITH BUILDING CONSTRUCTION
AND PROVIDING FOR A LIMITED MODIFICATION
PROCEDURE PERTAINING THERETO, AND AMENDING
CHAPTER 1 OF ARTICLE Vill OF THE ROSEMEAD
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS:
Section 1. Sections 8110 and 8111 of Chapter 1 of
Article Vill of the Rosemead Municipal Code are hereby amended
to read:
8110. Requireme
Gutters. Nlantina of street Irees in Gonlunction
w
\J
0
(a) The City Council finds that there are areas in all
zones within said City where sidewalks, curbs,
gutters and street trees are lacking; that the lack
of adequate sidewalks, curbs, gutters, and street
trees is detrimental to the public health, safety
and welfare, by the creation of pedestrian and
vehicular traffic hazards, poor drainage and dif-
ficulty in street cleaning and maintenance; that
the construction of additional buildings, dwellings,
additions, garages, or accessory buildings will,
in most instances, substantially aggravate or add
to such traffic, drainage, street cleaning, and
maintenance problems, unless sidewalks, curbs,
gutters, and street trees are provided concur-
rently with such construction; and that the public
health, safety and welfare will be best protected
and served by requiring the construction of side-
walks, curbs, and gutters, and the installation
of street trees in all instances of new construction.
(b) Any owner, lessee, occupant or agent constructing
or causing the construction, in any zone, of any
building, dwelling, building addition or repair
(whether interior or exterior) garage, carport, or
other accessory building or structure (exc hiding
swimming pools) estimated by the Building Depart-
ment, on building plans, to have value of $2,000.OC
or more, shall construct sidewalks, curbs, gutters,
and shall install street trees in accordance with
City Standards, unless sidewalks, curbs, gutters,
and street trees already exist, on the street
frontage of the parcel of land on which the build-
ing or structure is to be constructed; except that
on lots exceeding one half acre in size, said
sidewalks, curbs,gutters, and street trees need
be installed only along that portion of the street
fronting the improved portion of the subject lot.
Removal of existing street trees located where
establishment of sidewalk, curb, or gutter is
required shall be provided by the City.
(c) When public right of way is needed to establish
sidewalks, curbs, gutters, and street trees to
City Standards, the applicant shall, prior to the
issuance of a building permit, submit an irrevo-
cable offer to dedicate the necessary street fron-
tage.
(d) The Director of Planning and the Building Inspec-
tor.shall not issue a Certificate of Occupancy
nor accept any structure for public utility con-
nection, nor approve any structure or improvement
for use unless and until the provisions of-this
section have been complied with or a bond or cash
in sufficient sums to insure the installations
required in subsection (b) hereof is filed with
and accepted by the Planning Department of the
City, or a modification therefrom has been ob-
tained, pursuant to the provisions of section
8111 of this code.
8111. Limited Modification Procedure in Connection with
Bui
inq Codas or Construction o Side-
walks, _Curbs, ;utters and Planting of Street Trees in
Conj
unction with Building ConstFHMt n.
(a)
Any person desiring to obtain a modification from
the provisions of section 8110 of this Code (Requ-
irement for Construction of Sidewalks, Curbs, and
Gutters, and Planting of Street Trees in Conjunc-
tion with Building Construction) may file with the
Planning Commission a written application therefor.
The Planning Commission shall give the applicant''.-.
for such modification an opportunity to be heard
if he so desires, and thereafter may grant or deny
the application for the modification, 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
on its own motion, may grant a modification from
the provisions of section 8110 for one or mi.re of
the following reasons:
I. The construction of sidewalks, curbs or
gutters or installation of street trees,
in the area involved is included in a
budgeted city project or within an approv-
ed assessment district.
ii. Because of the peculiar circumstances of
the property, the development of the sur-
rounding property, or because of other
similar reasons such sidewalks, curbs;
gutters, or street trees can be best con-
structed or installed through use of an
assessment proceeding.
iii. Because of the location of the property
the terrain or condition thereof, or
other similar reasons, the construction
of sidewalks, curbs or gutters or instal-
lation of street trees, would be imprac-
tical or unnecessary or would impose undue
hardship on the owner of the property.
(c) Within fifteen (15) days after receipt of written
notice of the decision of the Planning Commission
concerning such modification application, any
person affected thereby may appeal to the City
Council, by filing a notice of appeal with the
City Clerk. Except in case of an appeal filed by
a governmental body or school district, such
notice of appeal shall be accompanied by a $50.00
filing fee.
(d) Unless the City Council, within thirty (30) days after
notice 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) If the City Council determines to hear the appeal, ten
(10) days written notice of such hearing shall be mailed
by certified mail to the appellant and to all persons
who, requested such notice at the time fo the hearing
upon the application for modification 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.
PASSED, APPROVED and ADOPTED this 11th day of October, 1966.
MAY F THE CITY OF RO EMEAD
ATTEST:
CITY CLERK
U