The URL can be used to link to this page

Home My Public Portal AboutOrdinance 03-886U1 1 ORDINANCE NO. 03 -886U AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY IMPOSING A MORATORIUM ON MEDIUM - DENSITY RESIDENTIAL (R -2) ZONED PROPERTIES BETWEEN ROSEMEAD BOULEVARD AND ENCINITA AVENUE AND SOUTH FROM THE EATON WASH TO THE SOUTHERN PACIFIC RAILROAD; SAID MORATORIUM SHALL BE PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE §65858 THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN AS FOLLOWS: SECTION 1. That the following described area of the City is in need of study: the area bounded by Rosemead Boulevard on the west, by Eaton Wash on the north, by Encinita Avenue on the east and by the Southern Pacific Railroad tracks on the south (hereinafter the "Study Area," as depicted on the attached map labeled **Exhibit "A "). That the study is required because of the prevalence in the past, existence at the present, and the expectation of becoming worse in the future of the following conditions: 1. The study area is substandard with regard to sewerage and outflow capacity. Several years ago, the City retained the services of a consultant to evaluate the entire City with regard to the adequacy of the sanitary sewer system. The consultant reported a limited number of deficiency areas, including the "study area ". The consultant reported that the "study area" was deficient and in need of additional capacity prior to allowing a number of additional connections. Over the past several years, the City has nonetheless permitted several additional connections, provided developers posted a cash deposit to offset anticipated costs associated with correcting the sewer deficiencies. The City has now determined that no additional projects should be approved which would require additional sewer connections until the deficiency is fully remedied. Based thereon, the City Council finds (pursuant to Government Code §65858) that it is necessary to halt further development so as to not overload the sewer capacity in the study area. Any such overload would be injurious to the health and safety of the residents of the "study area ". 2. An unusual street configuration causing dangerous curves, sight obstruction, blind intersections, high speeds and traffic congestion. 3. Both Sultana Avenue and Sereno Avenue have become a circulation shortcut for automobiles traveling from east/west to north /south thereby overloading the residential areas and causing noise and congestion not usually found in a residential area. 4. The area has a number of institutional uses, which conduct certain public and quasi -pubic events, which also contributes to traffic and parking congestion in the area. 5. Lack of playground space in the immediate area, tends to encourage children to play in the public street, thus posing a safety hazard. 6. In addition to "through neighborhood traffic ", the subject area has many new developments, which has resulted in increased density and increased traffic congestion. 7. Of primary concern is the cumulative impact of all the above - enumerated factors as well as contemplated new development, which could adversely and irreversibly impact the area. Imposing a moratorium against new development at this juncture would allow for the implementation of mitigation measures to address existing and anticipated environmental problems. Accordingly this moratorium is exempt from the requirements of CEQA. Ordinance No. 03 -886U Page 2 SECTION 2. Except as set forth below, no new construction or development entitlement shall be approved, authorized or commenced on any R -2 zoned property within "The Study Area ", except as specifically exempted below: 1. Issuance of ministerial building permits, except for the construction of any new dwelling unit(s). 2. Issuance of building permits for any residential development project, which has received approval from the Planning Commission and /or the City Council, including any previously approved subdivision map. 3. Approval of any final subdivision map, which was approved as a tentative subdivision map by the Planning Commission and /or the City Council prior to the effective date of the Ordinance. Specifically, the following tentative subdivision maps shall be exempt and may receive final map approval and issuance of building permits: • Tentative Tract Map 52641 • Tentative Tract Map 53978 • Tentative Tract Map 53969 • Tentative Tract Map 54183 • Tentative Parcel Map 26613 4. Tentative Tract Map 54302 and Conditional Use Permit 03 -1522 shall be exempt from this moratorium in that it was submitted on March 26, 2003, prior to enactment. of this moratorium. Said five (5) unit condominium project addresses as 5132 Sereno Drive may be considered on its own merits at noticed public hearings. SECTION 3. This ordinance shall take effect immediately upon adoption and shall be effective for a period of 45 days, unless extended by the City Council at a noticed public hearing. SECTION 4. This Ordinance shall take effect immediately. SECTION 5. The City Clerk shall certify to the passage and adoption of this urgency ordinance and cause the same to be published according to law. APPROVED AND ADOPTED on this 15th day of April, 2003. ATTEST: fr1CLA City Clerk r6 fLoi„fit Mayor 1 1 1 1 Ordinance No. 03 -886U Page 3 1, City Clerk of the City of Temple City, do hereby certify that the foregoing ordinance, Ordinance No. 03- 886U, was introduced as an Urgency Ordinance at the regular meeting of the City Council held on the 15th day of April, 2003, and was duly passed, approved and adopted by said Council at the regular meeting of the City Council held on the 15th day of April, 2003 by the following vote: AYES: Councilman - Arrighi, Capra, Wong, Zovak NOES: Councilman - Vizcarra ABSENT: Councilman -None )13/4 aiti-1( q---(2)-144)--ek City Clerk MORATORIUM STUDY AREA 317 0 • 13 P AN CHP ' Rt-71.--"" i; ; o . 13 1 413 AIR 5-1 4 os. 1CL gy. 530 37. 33. / .74 SE NO 37547 37547 C0 800 • v18 1017 95 - 96 4114 33• T3 13, 2114 21• Of 0 43. 4547• 33. 37. 31• >- 1- o • 31 6. • 00 10 9 17, r- 1••• (/9 , z 5 • SP 2i 4 22 • .4 2 21 15 18 2 7. 0 2 8 .10 11 5 14 ro 0/0 12 Er 553 5 158 • 0)7s. ..314 1 s 22 • .13 O CO ZS* '!°•ov'' Izrol */ 0 • 03, 413. ▪ 18 t • g 33. 35. 0. • 851 0 38 12 - I 16 21, z PM 162 74 1 i 401 1•21.-.1-^11L. 4= .H1.351430 33. 3.3• WW1 KE917 TR NO 38 313 •,,/, (CONDO' - 140 989-34-35 412 42/2 , I I I I I 43 2 t '1". 1> E PENTLAND 5T 12 • 34 Z 2 Z 3 4 = 3 0 - 5 qr. 9 73. • 1 es. 46, .x3 3103 • .33 _ • ISILACKL EY "ST. 05 I • 10 33. • Of • 35 132 20 44 1. r. 74 oo 38 .431 ,541 I 31 32 .10 .43 .02 .301 .3. '041 .04 .70 .131 • LA ROSA OA .20 410 v 01' 45* 54 400 4t 1 3/` ,ssT 1 S • 3,4. C XS° ‘so ;DIRT. ' e: 9 • 10 04, 32 234 kir/ s kOfil at tail 'To 011 • 59 . .041 03. . •se r! .50 .3.14 .331 .33 iti CC 5 H 4 3 N (s..1 m zM (CON001 TR 110 38349 ME; 98 6 -7 -8 C 1 -173 333133 cod U162 • 1 L " 2 127 0. 0 31. • DR :If 541 1635. I. .s• SE "--rsr 01. <------t79 117 •70 **4 r „, I •.. 11 3.• 100 I q/44 + 1 14 • '7: 1 DR /3 /3. If 0 0 p SE C 18 T IS RIIW .n. • 03, < 43 g_Cg 03 -NU 'R 0 SEG OE MB '35 27 42 EXHIBIT 'A' ORDINANCE NO. 03-886U 1 1