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HomeMy Public PortalAboutOrdinance 79-4781 ORDINANCE NO. 79 -478 AN ORDINANCE OF THE CITY OF TEMPLE CITY ENACTING AN INTERIM ZONING ORDINANCE PURSUANT TO THE PRO- VISIONS OF SECTION 65858 OF THE CALIFORNIA GOVERN- MENT CODE IMPOSING A MORATORIUM ON NEW USES RELATED TO, AND ON BUILDING AND OCCUPANCY PERMITS FOR CONDO- MINIUMS, STOCK COOPERATIVES AND OTHER SIMILAR USES PENDING PLANNING COMMISSION STUDIES WITH RESPECT THERETO. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN: SECTION 1, The City Council does hereby find and determine that the Planning Department of this City has heretofore undertaken in good faith studies to determine the appropriate zoning regulations for condominiums, stock cooperatives, and other similar dwellings in order to prescribe necessary regulations to assure optimum development and to safeguard against socio- economic imbalance and interference with the uses of neighboring properties, and to assure proper housing stock. SECTION 2. The City Council finds further than the recom- mendations of the Planning Commission on such matters should be forthcoming within the next few months, and that to permit con- struction of new condominiums, stock cooperatives, and other similar dwellings, prior to the consummation of said studies, would in large measure emasculate the benefits to be derived from such studies, and would be contrary to the best interest and general welfare of the residents of this City. SECTION 3. Pending completion of such studies and the recom- mendations of the Planning Commission, and pursuant to the provisions of Section 65858 of the Government Code, a moratorium is hereby imposed, in the City of Temple City, upon: (1) the construction of condominiuins, stock cooperatives, and other similar dwellings, and (2) tentative subdivision maps and parcel maps relating thereto; and any and all provisions of the Temple City Municipal Code authorizing such construction or maps are hereby suspended. SECTION 4. This Ordinance shall remain in effect for a period of 60 days, and the Officials of this City are directed not to issue any building permits for such construction nor approve such Maps during the term of this Ordinance. SECTION 5. This Ordinance shall become immediately effective pursuant to the provisions of Section 658.58 of the Government Code and for the reasons above stated, and is adopted pursuant to the authority of Anderson v. Pleasant Hills, 229 CA 2d 508; Metro Realty v. Co. of Eldorado, 222 CA 2d 5D8; Hunter v. Adams, 180 CA 2d 511; 44 A. G. Ops. 14; and Slater v, Los Angeles, 238 CA 2d 864. SECTION 6. In order not to penalize applications for such construction or Maps now pending before the Planning Commission, Council or Building Department, such applicants may apply to the City Council for relief from the moratorium imposed by this Ordinance. Such application shall be processed by the City Council at the next scheduled meeting, without fee or requisite noticed public hearing, and if the City Council determines that to not exempt such application from the moratorium imposed hereby would constitute an unnecessary hardship, it may provide for such exemption in terms and conditions appropriate to protect the public interest and welfare, and thereafter such matter may be processed without regard to such moratorium. Maps Ordinance No. 79 -478 - Page 2 which have already received final tentative map or parcel map approval shall be automatically exempted. SECTION 7. The City Clerk of the City of Temple City shall certify to the passage and adoption of this Ordinance and to its approval by the Mayor and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED this 7th day of August, 1979. ATTEST: C ie Deputy City Clerk I hereby certify that the foregoing Ordinance was duly adopted by the City Council of the City of Temple City at a regular meeting held on the 7th day of August, 1979, by the following vote: AYES: Councilmen - Atkins, Gillanders, Merritt, Tyrell NOES: Councilmen - Dennis ABSENT: Councilmen -None 6,7__- Chie Deputy City Clerk 1