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
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