CC - Item 5C - Second Reading of Ordinance No. 982 Regulating Vacant Lots & MCA 18-03TO: 'THE I IONORABLE MAYOR AND CITY C.OUNCII.
FROM: GLORIA MOLLEDA, CITY MANAGER
DATE: SEPTEMBER 25, 2018
SUBJECT: ORDINANCE NO. 982 — SECOND READING AND ADOPTION: ON
REGULATING VACANT LOTS AND MUNICIPAL CODE
AMENDMENT 18-03
SUMMARY
On September 11, 2018 the City Council Conducted a public hearing and introduced Ordinance
No. 982 by title, amending chapter 17.68 of the Rosemead Municipal Code relating to the
regulation of vacant lots.
STAFF RECOMMENDATION
It is recommended that the City Council approve the second reading and adoption of Ordinance
No. 982 by title only. entitled:
AN ORDINANCE OFTHECITY COUNCII., OF THE CITY OF ROSEMEAD,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING
VARIOIJS SECTIONS, OF CHAPTER 17.68 (FENCES, WALLS, AND
LANDSCAPE SCREENING) OF TITLE 17 (ZONING), AND ADDING
CHAPTER 8.48, (V"AC"ANT LOTS) 01"FITLE 8 (HEALTH AND SAFETY) OF
THE ROSEMEAD MUNICIPAL CODE REGI-ILATING VACANT L01"S
FISCAL IMPACT - None
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
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Ericka Hernandez., City Clerk
Attachment A: Ordinance No. 982
AGENDA ITEM NO. 5.0
Attachment A
AN ORDINANCE OF' THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
AMENDING VARIOUS SECTIONS OF CHAPTER 17.68 (FENCES,
WALLS, AND LANDSCAPE SCREENING) OF TITLE 17 (ZONING), AND
ADDING CHAPTER 8.48 (VACANT LOTS) OF TITLE 8 (HEALTH AND
SAFETY) OF THE ROSEMEAD MUNICIPAL CODE RE GULATING
VACANT LOTS,
WHEREAS, the City is authorized by Article X1, Section 5 and Section 7 of the State
Constitution to exercise the police power of the State by adopting regulations to promote public
health, public safety and general prosperity; and
WHEREAS, Section 38771 of the California Government Code 38,771 authorizes the City
through it,, legislative body to declare actions and activities that constitute a public nuisance; and
WHEREAS, Section 17,152.060 of the Rosemead Municipal Code provides the criteria
for a Zoning Code Amendment.; and
WHEREAS, Sections 6,5854 and 65855 of the California Government Code and Section
17.152.040 of the Rosemead Municipal Code authorizes, the Planning Commission to review and
make recommendations to the City Council regarding amendments to the City's Zoning Code; and
WHEREAS, Section 17.152.050 of the Rosemead Municipal. Code authorizes the City
Council to approve amendments to the City's Zoning Code; and
WHEREAS, adoption of the Vacant Lot Ordinance amends Title 17 of the Rosemead
Municipal Code and adds "Chapter 8.48 — Vacant Lots", which sets requirements and provisions
for vacant lots; and
WHEREAS, on August 20, 2018, the Planning Commission held a duly noticed J)Ublic
hearing and recommended approval of Municipal Code Amendment 18-03 to the City Council;
and
WHEREAS, on August 30, 2018, a notice was published in the Rosemead Reader and
notices were posted in six public locations, specifying the availability of the proposal, and the date,
time, and location of the public hearing for Municipal Code Amendment 18-03; and
WHEREAS, on September 11, 2018, the City Council field a duly noticed and advertised
public hearing to receive oral and written testimony relative to Municipal Code Aluendinent 18-
03; and
WHEREAS, the City Council has sufficiently considered all testimony presented to them
in order to make the following determination;
THE CITY COUNCIL OF THE CITY OF it. OSEMEAD HEREBY ORDAINS AS
FOLLOWS:
SECTION 1, The City Council finds and declares as follows:
A. Compliance with California Environmental Quality Act.. This Ordinance is exempt
from additional environniental review under the: California Environmental Quallty, Act (California
Public Resources Code §§ 21000, et seq., "CEQA"") and CE'QA:re gulations (14 California Code
of Regulations §§ 15000. Et seq.) because it establishes rules and procedures to pen -nit operation
of existing facilities; consists only of minor revisions and clarifications to existing regulations and
specification ot'procedures, related thereto; and consists of actions taken to assure the maintenance,
protection and enhancement of the environment. This Ordinance, therefore, does not have the
potential to cause significant effects on the environment. (14 California Code of Regulations §§
15060(c)(2), 15061(b)(3)) Furthern,iore, this Ordinance is categorically, exeryipt fi,om further.
CEQA review under 14 Cal. Code Regs. §§ 15301, 1,5305, and 15308.
SECTION 2. Findings. The City Council UIERE13Y l'INDS AND DETERMINES that
facts do CXISt toa justify aapproving WuiCipaal Code Amendment 18-03, in accordance with Section
17.152.060 of the Rosemead MUlliCipal Code as follows:
A. The proposed arriendinent is consistent with the General Plan and any applicable
specific plan,
FINDING:The proposed amendi-nent is consistent with the goals, policies, and objectives
of the General Plan. It is a goal of the [..and Use Element of the General Plan to enhance and
maintain the quality and character of Rosemead's residential neighborhoods and to revitalize
b
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underperforming commercial corridors, To ensure that the residential character is maintained.
In
General Plan Policy 1.3 necessitates the City to actively proniote the maintenance of properties
and building through code enforcement. To ensure that the cornmercial and industrial districts in
the City are maintained, General Plan Policy 2.6 necessitates the City to rigorously enforce
property niaintenance standards f(',)r commercial and industrial properties. The proposed code
amendment will provide the City with additional tools to maintain vacant or abandoned properties
in all residential, commercial, and industrial zones. This ordinance will protect neighborhoods
from negative impacts associated with vacant buildings and lots. Accordingly, the proposed
amendment would improve community aesthetics as itwould require the responsible party or
designee to submit a Vacant Lot Landscape and Irrigation Plan for review,, iinplernent the approved
plan, and provide regular maintenance of the landscaping. In addition, the improved aesthetics
would be less intimidating for passing pedestrians, while increased landscaping, would provide
additional passive cooling benefits.
B. Thep amendment mendmen
t will anent be detrimental to the public interest, health, safety,
convenience, or welfcare of the City; and
FINDING':'The proposed amendment will not be (Jetrin-ictual to the public interest, health,
safety, convenience, or welfare of the City, as vacant lots were previously regulated in the Zoning
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Code under Chapter 17.68 (Fences, Walls, and Landscaping Screening). The proposed aniendnient
is in the public's best interest as it establishes inininluni standards of accountability oil the
responsible parties or other responsible parties of vacant lots in order to Protect the health, safety,
convenience, and welfare of the cu:►niniunity, The City has found that vacant lots cause harin to
the health, welfare, and safety of the connnunity, including an increase in honieless encampments,
criminal activity, litter,graffiti, and depreciating the property value of adjacent and neighboring
properties. The proposed aniendinellt, Would protect the health, safety, and welfare ofthe City by
requiring regular maintenance of the property and prornote accountability by requiring vacant lot
registration.
C. 'File proposed airiendinent is internally consistent with other applicable provisions of'
[the] Zoning Code.
FINDING: The Ciity's ability to exercise its, powers in accordance with Article X1, §
7 of the California Constitution to regulate land use is well-established. This ordinance is intended
to regulate aesthetics, traffic, parking, public peace, nand other, sirnilar, matters related to public
health, safety, and welGare. The proposed aniendilient is internally, consistent with other applicable
provisions of" the Zoning Code. All applicable references to vacant lots have been revised to be
consistent with the new standards pertaining to vacant lots.
1�
SECTION 3. Code Amendment. Chapter 17.68 ofTnle 17 is HEREBY AMENDED as
follows:
Chapter 17.68 FE NCES, WALLS, AND LANDSCAPE SCREENING
Sections:
17.68.01.0 Purpose and applicability.
17. 8.020 Permit requirements.
17.68.030 11eight limitations — residential development.
17.6 .040 Ileight limitations — commercial, industrial, residential/conimerciall mixed-use
or connnercial/industriall mixed-use development.
17.6 .050 Retaining walls.
17.68.060 Fencing for residential or nonresidential sports facilities.
17.68.071) Determining height.
17.68.080 Prohibited fencing materials.
17.68.090 Fencing of hazardous areas.
17.68.100 Fences, on lots that are under construction, or being demolished.
17.68.110 Re(juirement for construction of a six-foot high, masonry wall.
17.68,010 Purpose and applicability.
The following standards are intended tO ensure that afl fences, walls, and hedges provide the
desired privacy, safety, and quality design. The standards are also intended to ensure that fences,
walls, and landscape screening do not create a public safety hazard or nUisance. Fences, walls,
hedges, shrubs or similar materials used for screening shall be consistent with the following
requirements.
17.68.020 Permit requirements.
A. Residential zones. A fence pert -nit shall be required to install new or replacement fencing or
masonry walls in any residential zone. No permit shall be required for the planting of
landscape screening.
B. Nonresidential zones. An administrative site plan review shall be required to install new or
replacement fencing or masonry walls on nonresidential property. No permit shall be required
for the planting of landscape screening.
17.68.030 Height limitations - residential development.
A. Fences and Walls.
1. In the R-1, R-2, and R-3 zones no fence or wall located in a rear or side yard ,,hall exceed
a height of six (6) feet.
2. In the R-1, R-2, and R-3 zones no fence or wall located in the required front yard shall
exceed a height of four (4) feet.
3. On a reversed corner lot, no fence or wall or located within five (5) feet of the street side
or within ten (10) feet of the rear line between the street and the established setback line
on the key lot to the rear, shall exceed a height of four (4) feet.
4. Walls and fences shall be kept in good condition and properly maintained.
B. Landscape Screening.
1. Landscape screening in residential rear or side yards shall not be subject to, a height limit,
except for landscape screening on reversed corner lots. On a reversed corner lot, no hedge
or other landscape screening material located within five (5) feet of the street side or within
ten (10) feet of the rear line between the: street and the established setback line on the key
lot to the rear, shall. exceed a height of four (4) feet.
2. Landscape screening located within the required front yard shall not exceed a height of
four (4) feet.
3. Landscape screening shall not encroach onto a curb or sidewalk or over a lot line.
17.68.040 Height limitation - commercial, industrial, residential/commercial mixed-use
or commercial/industrial mixed-use development.
A. A six (6) foot high solid masonry wall shall be constructed and maintained along any side or
rear lot line adjacent to residentially zoned or used property, school or park. The wall shall be
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not less than three (3) feet but not more than four (4) feet in height where it is actjacent to a
required residential front yard setback.
13, Within the (,- L C-3, C-4, CBD�, and CI -MU zones,,, walls located within ten (1 t)) feet of any
public right-of-way shall not exceed a height of three (3) feet.
C. Within the .M- I zone,,, a solid wall not less than six (6) feet in height and no more than eight (8)
feet in height shall be erected along the property fine separating the 111-1 zone from any
residential zone or use, school, park or commercial zone. However, the wall shall riot be more
than four (4) feet in height where it adjoins a front yard setback of any residential or
commercial property.
D. Any outdoorarea used for storage shall be completely enclosed by a solid,, decorative masonry
wall and a solid gate not less than six (6) feet in height. The Cc rnmunity Developnient Director
niay approve the substitution of a fictice or decorative wall where such fence or wall provides
adequate visual clearance,, is structurally adequate, and is equivalent in decorative al.)pearance.
In no event shall the height of such storage exceed the height of the wall or 1ence enclosing the
storage area.
E. Walls shall have a decorative color and texture consistent with the architectural style and
materials of the commercial or industrial development. Architectural and other treatiment of
the wall is required.
1. Where new walls are erected in locations visible from a public right-of-way, the use of full
dimension caps, pilasters, and changes in wall surfaces (staggering) shall be applied.
2In locations where walls might invite vandalism car graffiti, landscaping should be provided
along the walls.
F Walls and fences shall be kept in good condition and properly maintained.
Cl. Landscape screening shall not encroach onto a Curb or sidewalk or aver lot line.
17.68. 050 Retaining walls.
A. Where there is a necessary retaining wall for a lot. that is above a sidewalk or at, the top of a
curb grade, addit1cmal wall height up to three (3) feet may be allowed, subject to a Site Plan
and Design Review approval. The triaximurn height for a combination retaining wall and fence
shall be seven (7) feet.
B. The non -retaining portion of the fence or wall corribination cannot exceed four (4) I-eet.
C. The retaining portion of the fence or wall combination cannot exceed four (4) feet.
D. Extensions above f(.)Lir (4) feet, as ineaSiUred from the sidewalk, or top of the curb, shall be
constructed of wrought iron or other non -obscuring inaterials determined to be acceptable,
subject to the Site Plan and Design Review application.
17.68.060 Fencing for residential or nonresidential sports facilities.
To enclose tennis courts or similar sports areas located within the rear lot, fences over six (6) feet
in height shall be permitted, provided that any portion of the fence or structure which is higher
than six (6) feet shall be composed of wire mesh or other material whose vertical service is not
n -tore than ten (10) percent solid, unless safety necessitates otherwise, Such additional wire mesh
or similar material shall be subJect to site plan approval,
17.68.070 Determining height.
A. General.
'The height offences, walls, and hedges shall be rneaSUred as the vertical distance from the
ground elevation or, finished grade of the property on which the fence or wall is erected to the
highest point of the fence or wall. To allow for variation in topography on a parcel, the
height of fence or wall may vary intermittently up to six (6) inches.
B. Difference in grade height between two parcels.
Where there is a difference in the ground elevation or finished grade between two (2)
adjoining parcels of less than two (2) feet, the height ofany fence or wall constructed along
the common property line shall be determined by using the finished grade ofthe highest
aqjioining parcel. When there is a difference in ground level between two (2) adjoining
Parcels of two (2) feet or more, the height of the fence shall be determined by the Community
Development Director. The Community Development Director shall consider the physical
and visual height impact on abutting parcels.
17.68.080 Prohibited fencing materials.
A. Residential zones.
The following fencing materials shall be prohibited in all residential zones: barbed or razor
wire, electrified wire, chicken wire and similar small -gauge wire or mess product, chain-link
fencing, or other materials hazardous to wildlife.
1. Exceptions., Chain-link fencing shall be a permitted fencing material for:
a. The screening of side yard areas that are not visible froni the public right-of-way
and rear yard areas; and
b, j 'he temporary screening of lots under construction or being demolished in
accordance with Section 17.68.1()().
2. All chain-link fences in existence at the time of the adoption of this Part shall be deerned
legal non -conforming as set forth in Chapter 17.72 and the properties 01.1 which they have
been placed shall be permitted to undertake maintenance, repair, and replacement,
consistent with the requirements of that Chapter.
B. Cominerci at, industrial, residential/comrnercial in i x ed- use zones, commercial/industrial mixed
use. The following fencing materials are prohibited in all commercial, industrial,
residential/commercial, and commercial/industrial zones: barbed or razor wire, electrit'ied
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wire, chicken wire and similar small gauge wire or mesh product, plastic, and chain-link
fencing, or other niaterials, hazardous to wildlife.
I. Exceptions, Chain-link fencing shall be a pernutted fencing material for-
a 'I'lie screening of side, yard areas that are not visible front the pUbhC right-of-way
and rear yard areas-,
la. The ternporary screening of lots under construction or being demolished in
accordance with Section 17.68.100; and
c. To enclose an area where as solid wall or fence would create a physical hazard (i.e.
the c(�)ntainrnent of mechanical equipment under an electrical transmission right-of-
way). The use of chain -fink fencing in this circurnstance is subject to the: review
and approval cal" the. Community Development Director.
17.68.,090 Fencing of hazardous areas.
A fence or wall si,x (6) feet or greater in height may be required along the perinieter of all areas
which, by reasons of conditions ofthe property or physical hazards, such as frequent flooding,
erosion, excavation, or grade separation, are considered by the CorrinlUnity Developaient
Director to be dangerous to the public health and safety,
17.68.100 Fences on lots that are tinder construction, or being demolished.
For the purposes of this subsection, "under constructioil" and ""demolish"" shall be defined pursuant
to the Los Angeles County Building Code as adopted by the City,
A. All property that is under construction, or being deniolished shall be totally enclosed around
the perimeter by as fence that is a ininirriurn of six (6) feet in height as measured from adjacent
property, SLIIajCCJ to the appro%,ral of the Coniniunity Developi-rient Director or other designated
officials.
B. The required fence shall be adequately constructed from chain link, lumber, masonry or other
approved materials. The fence shall be entirely self-supportingand shall not encroach or utilize
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structures or fencing on any adjacent property without prior written approval of the adjacent
owner.
C. The fence shall be installed prior to the initiation ofany construction or demolition and shall
be continuously nj,
aintained in good condition.
D. Signs stating "PRIVATE PROPERTY, NOTRESPASSING" shall be posted on the fence.
E. The provisions of' this section shall not apply to a fence or wall as re(JUired by any law or
regulation of the state of California or any agency thereof.
17.68.110 Requirement for construction of a six-foot high masonry wall.
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The City Council l'i rids that there are areas within the City where corriniercial zones abut residential
zones and the construction of as block wall is necessary to protect such residential areas.
Any owner, lessee, Occupant or agent constructing or causing the construction of any building,
building addition, acccssory building, or repairs estirnaled by the Building Deparlincrit to have a
value of ten thousand dollars ($10,000.00) or rnore upon any cornmercially used and zoned lot
adjacent to property zoned and used f6r residential purposes shall cons(ruct as six-foot high
rnasonry wall along the property line where the corninercially zoned lot has a coninion or rear lot
line with a residentially zoned property.
Any person dc,.,,iiring to obtain as niodification from the Provisions of this section jnay file with the
Planning Coninussion as writtert application, citing the reasons for such request, 'rhe Planning
Commission shall give the applicant for such modification an opportunity to be heard if lie or she
so desires, and thereafter may grant or deny the application for- the modification, or irtay, grant the
same upon such conditions as the Planning Commission deenis necessary f()r the preservation of
the safety, health or property of the general public.
Any interested person may appeal the decision of the Plaru
nning Cornission to (fie City Council
to (r,11
by filing an appeal pursuant apter 17.160 (Appeals and Requests for Review) of this code.
SECTION 4. Code Amendment. Chapter 8.48 (Vacant Lots) shall be added to Title 8 of
the Rosemead Municipal Code to read as follows.
Chapter 8.48 VACANT LOTS
Sections:
8.,48.010 Purpose.
X1.4 .020 Definitions.
8.48.030 City Standards.
8.48.040 Implernentation.
8.48.050 Noncompliance Declared Nuisance.
8.48.060 Exemption.
8.48.010 Purpose.
The purpose of this section is to regtilate vacant lots in the (lity in order to protect residential and
corriniercial areas frorn becoming blighted due to the lack ofadequate inainteriance and security,
and to establish rninitnurn standards of accountability on the responsible parties of' vacant lot in
order to protect the health, welfare,, and safety of the C0111111LInity.
8.4,8.020 Dermitions.
AS used in this chaplet-, the following definitions shall apply;
"Responsible Party" nicans and includes any person having legal title to, or who leases, rents,
occupies or has charge, control or possession of, any real property in the city, including all persons
shown as owners on the: last equalized assessment roll of (fie Los Angeles COLInty Assessor's
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Office. Responsible parties include persons, with powers of attorney, executors of` estates, trustees,
or who are courtappointed administrators, conservators, guardians or receivers. A responsible
party of personal property shall be any person who has legal title, charge, control, or possession
of, such property.
"Vacant Lot" means any property that, is either:
(1) Uniniproved; or
(2) Improved with an existing building or structure that is abandoned, vacant and/or
unoccupied for more than 30, days.
8.48.03O City Standards.
A. Unimproved Vacant. Lots.
1. Landscaping.
a. The responsible party of as vacant lot that was never developed or became vacant after
pre-existing buildings, structures, or impervious surfaces were removed, must provide
as Va
cant Lot Landscape all(] Irrigation Plat), along with the appropriate City fees, to
tile (:"OMMUnity Development Department for review and approval.
b. Upon approval of as Vacant Lot Landscape and Irrigation Plan, vacant lots must be
improved and maintained at all times in accordance with the approved plan and the
following provisions:
A MinfillUrn ten -foot wide landscape area must be maintained oil all perimeters
of vacant lot located adJacent to all, streets, alleys, or other public rights-of-
way,
2) Landscaped areas must be planted with natural, drought -tolerant vegetation
consisting of a combination of trees, shrubs, and groundcover, subject to
approval of tile ("I(I)Irrimunity Development Department. Stich landscape
materials must rnauitain as ITIHInIlUm height of two feet.
3) The vacant lot must be improved with an operable automatic irrigation systern
for tile ground cover, which must be installed and iriaintained in good condition
by the responsible party at all times.
4), Any dead or dying vegetation, as well as any broken, malfunctioning Irrigation
Components, on the lot must be replaced by, the responsible party or designee,
within 72 hours of discovery or notification by the City. The responsible party
or designee, must inspect the property at reasonable intervals and take other
steps to reasonahly ensure that there are no dead or dying vegetation nor any
broken, malfunctioning irrigation corilponents on the lot.
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2. Fencing.
A four -toot high with anti -graffiti coating (if feasible) white rail fence approved by the
Community Development Department must be, located behind all required perimeter
landscaping., All fencing mustbe provided with as gate to allow access to the vacant lot for
emergency access. As deemed necessary by `eta ft' for health,, safety, or general welfare
reasons, as security fence of a maxinIUM Of six (6) feet per approval by the Community
Developinent Director may be required around vacant properties.
3. Maintenance.
a. The vacant lot must be maintained free of litter, weeds, graffiti, debris, and the
stockpiling of any material at all times. The responsible party or designee, must inspect
the property at reasonable intervals and take other steps to reasonably ensure thatt no
litter, weeds, graffiti, debris Or materials stockpiling collects or is maintained on the
lot.
K All fOnCifIg must be rnaintained in good condition at all times by the responsible party
or designee, Any on-site graffiti must be remove(,] by the responsible party or designee,
within 24 hours of discovery or notification by the City. The responsible party or
designee, must inspect 1he property at reasonable intervals for any on-site graffiti and
take other steps to reasonably ensure that there are no on-site graffiti.
B, Improved Vacant Lots,
1. Vacant lots improved with existing can -situ buildings or structures that are vacant,
abandoned, or unoccupied for snore than 30 (lays, as determined by the Community
Development Director, niust, be improved and maintained at all times in the same manner
its set forth in the "Unimproved Vacant Lots" subsection of this secti(:)n, however, the
C0111111LInity Development Director may tri()dify the landscaping requirements if the
landscaping requirements are deemed Unnecessary or unsuitable for an improved vacant
lot.
2. In addition, such vacant lots must be maintained as follows:
a. All on-site buildings or structtires must he maintained in good condition at all times.
Damage to any on-site buildings or .structure; must be abated within ten days by the
responsible party or designee upon discovery or City notification. An alternative
abaternent period may he granted if deemed necessary by the Corninunity F)evelopment
Director, if the responsible party:
I ) Demonstrates that physical improvernents towards ren-iedying the site or
buildings/structures reasonably require more than ten days- and
2) SUbrnits as written re(luest to the Community Development Director justifying
the requested time extension and detailing the scope of work to be completed
within such time.
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b. The vacant lot inust be ade(Ituately secured at all times to prevent illegal dumping,
criminal activity, vandalism, graffiti, on-site loitering, and any and all ollier attractive
nuisances to the satisfaction of the Community Developrilent Director.
C, Vacant Lots in C ORjUnction with all Approved Project.
Before the City issues a demolition perrint on array lot in which the construction of a new
building, structure, parking lot, or impervious surface is not scheduled tea commence within 30
days after demolition, the responsible party or designee must submit a Vacant Lot Landscape
and Irrigation Man for review and approval by the Community Development Department,
along with the appropriate City fees, The Community Development Department may impose
any conditions of approval oil the vacant lot landscape and irrigation plan to ensure that the lot
will be adequately maintained during the time that it is vacant. Upon approval of the plan, the
landscape and irrigation iniprovetuents to the vacant lot, as, specified oil the approved plan,
must be completed to the satisfaction of the Community Development Department, within 30
days after approval of the plans.
8.48.040 Implementation.
AAll vacant lots, regardless of how they became vacant, (hat are existing at the firne this section
becornes effective must comply with this section within 60 days after the City provides notice
alerting the responsible party or operator of the requirements of this section. f`or put -poses of
this section, the responsible party or operator is deenred to have been provided notice five days
after such notice be resiled by first class and certified mail to the owner(s) shown oil the last
assessment roll of the county. The failure of any person to receive this notice does not affect
the validity of any proceedings under this section. A 30 -day tinie extension may be granted by
the 0:nrimunity Development Director for good cause as determined by the C.'orn.munity
Development Director.
13. The responsible party shall complete and submit a vacant lot registration application on as farmLI
made available by the Community Developmera Department within 60 days, after the lot
becomes vacant: or within 60 days after the effective date of this section, whichever is later. At
the time of registration, all annual fee, as established by resolution of the City Council, shall
be paid to defray the cost of administering* this section. 'rhe CortimunityDevelopment Director
shall have the authority to make specific fee exemptions in a ease where the responsible party
has agreed to allow the property to be used and operated for a specific corturruni(y serving use
arid specific firriefrarne approved by the City of Rosernead.
8.48.050 Noncompliance Declared Nuisance.
A. Failure to corriply with any of the applicable reciLhi-ernents in this section constitute public
nuisances and abatement proceedings may proceed to gain compliance in accordance with the
provisions (,Wthis section.
B. Failure to comply with the City Standards or any other applicable requirements in this section
may result in any combination of the following actions by the City of Roseniead:
1.1
The City ofRosemead may take action to bring the property into compliance, as set forth
in this section, which may include, but not limited to, niaintaining the cleanliness of the,
property, installing fencing, and/or rehabilitating the existing landscaping. The responsible
party or designee shall submit full payment to the City of Rosernead for the cost of all work
completed by the City of Rosernead. The amount of such payment xvill be provided on an
invoice to the responsible party by the City of'Rosernead,
2. Any fees or costs not paid when due may be specially assessed against the property
involved. If' the fee or invoice amount is specially assessed against the property, said
assessment may be collected and shall be subject to the same pcnaaIties and the sarne
procedure and sale in case of delinquency, as provided for ordinary real property taxes. All
laws applicable to the levy, collection, and enforcement of real property Laxes are
applicable to the special assessment.
3. The City of Rosemead may cause as notice of lien to be recorded against the property. The
notice of lien shall, at minimum, identify the: record owner or possessor of the property, set
forth the last known address of the record owner or possessor, a description of the real
property subject to the lien, and the amount of the fees or oasts assessed against the
property,
C The City may pursue any other remedies or enforcement action(s) provided in the
Municipal Code,
8.48.060 Exemption.
Any vacant lot that is undergoing construction or any vacant lot t'(:,)r which as building, permit has
Z=
been issued and has riot expired is exciript frorn the requirements of this section. This exemption
does not apply to any extension,,,, modifications, or changes to as building permit that extend the
building permit beyond the initial expiration period provided by this code.
SECTION 5. Cmistruction. This Ordinance must be broadly constructed in order to
achieve the purposes stated in this Ordinance. It is the, City Council's intent that the provisaons, of'
this Ordinance be interpreted or implemented by the City and others in a manner that facilitates
(lie purposes set forth in this Ordinance.
SECTION 6. Eiiforceability. Repeal ofany provision of the RMC does not affect any
penalty, forfeiture, or liability incurred berore, or prechide prosecution and imposition of penalties
for any violation occurring before this Ordniance's, effective date. Any such repealed part will
remain in 1"Lill force and effect for sustainitig action or proseCLaing violations occurring; before the
effective date of this (Hinance.
SECTION 7. Severability.The City Council hereby declares that, should any provision,
Sion,
section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part
thereof, be rendered or declared invalid or unconstitutional by any final court action in a court of
competerujurisdiction car by reason of any preemptive legislation, such decision or action shall not
affect the validity of' the remaining section or portions, sal' the Ordinance or part thereof. The City
Council hereby declares that it would have independently adopted the remaining provisions,
12
sections, subsections, paragraphs,, sentences, clauses, phrases, or words of this Ordinance
irrespective of the faact that, any one or more provisions, sections, subsections, para-naphs,
sentences, clauses, phrases, or words ruay be declared invalid or unconstitutiowd.
SECTION 8. Effective Date. This Ordinance shall take effect thirty (30) days after its
adoptiou.
SECTION 9. Publication. 'rhe, City Clerk shall certify to the adoption of this Ordinauce
and Shall publish a surnmary of this Ordinance and post as certified copy of the full Ordinance in
the office of the City Clerk at least five (lays prior to the adoption and within 15 (lays after adoption
of the Ordinance, the City Clerk shall publish as summary of the Ordinance with the names of the
Council Members votlug for an(] against the Ordinance. This Ordinance shall take effect thirty
(301) days after the (]ate of its adol)tjon.
PASSED, APPROVE'D, AND ADOPTED by the City Council of the City of Rosemead,
County of Los Angeles of the State of'Californi,'t on September 25, 2018.
AYES,
NOES:
ABSENT:
ABSTAIN:
Ericka Hernandez, City Clerk
APPROVEDAS TO FORM:
Rachel H. Richinan, City Attorney
Burke, Williams & Sorensen, Ll....I)
x
Steveu Ly, Mayor