HomeMy Public PortalAboutOrdinance 03-887U1
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ORDINANCE NO. 03 -887U
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TEMPLE CITY EXTENDING 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. Ordinance No. 03 -886U was adopted by this City Council on April 15, 2003
for a period of 45 days as an urgency ordinance under California Government Code Section
65858 imposing (pursuant to the findings set forth therein) a moratorium for the above described
study area. The purpose and intent of the moratorium is to prevent the further development of
this residential neighborhood until the City has an opportunity to re- assess the existing
infrastructure capabilities and to re- examine the appropriateness of the zoning and zoning
standards. The Council finds that said Ordinance No. 03 -886U and this Ordinance No. 03 -887U
are exempt from CEQA, both as emergency and temporary actions.
Section 2. The Council further finds that progress has been made since the adoption of
Ordinance 03 -886U. Staff has begun the process of identifying study parameters and outlining a
strategy for assessing the adequacy of the existing infrastructure to accommodate new residential
development under the existing zoning criteria. Among other things, a traffic study will be
conducted of the area and a sewer reconstruction fee will be put in place to address those
specific areas of concern. Other possible areas of inadequacy such as inadequate water flow or
electrical service will be rectified or scheduled for future remedial action.
Section 3. It is necessary that Ordinance 03 -886U be extended beyond the initial 45 -day
period in order to protect against potential adverse impacts and long -term cumulative adverse
impacts. Staff has published the requisite Notice for a hearing on April 18, 2003 for an extension
of 10 months and 15 days beyond the initial 45 -day period.
Section 4. The purpose, intent and necessity for this moratorium is set forth in
Ordinance 03 -886U and is further discussed in the City Council staff report dated May 6, 2003 as
well as above.
Section 5. 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:
Ordinance No. 03 -887U
Page 2
• 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 6. Ordinance 03 -886U is hereby extended for an additional period of 10 months
and 15 days to April 15, 2004, based upon the findings contained in Ordinance No. 03 -886U and
this Ordinance as well as findings enumerated in the City Council Staff report and findings
discussed at the City Council meetings of April 15, 2003 and May 6, 2003 relative to this matter.
The findings made in Ordinance 03 -886U are repeated herein.
Section 7. The City Clerk shall certify to the passage and adoption of this urgency
Ordinance and shall cause the same to be published according to law.
Section 8. The effective date of this urgency ordinance shall be May 6, 2003.
PASSED, APPROVED, AND ADOPTED on this 6th day of May, 2003.
r-oC
ayor
ATTEST:
ncIAJu-{-2,
City Clerk
I, City Clerk of the City of Temple City, do hereby certify that the foregoing urgency
ordinance, Ordinance No. 03 -887U, was introduced as an urgency ordinance at a regular meeting
of the City Council of the City of Temple City held on the 6th day of May, 2003, and was duly
passed, approved and adopted by said Council, at a regular meeting of the City Council held on
the 6th day of May, 2003 by the following vote:
AYES: Councilmember - Arrighi, Capra, Wong, Zovak, Vizcarra
NOES: Councilmember -None
ABSENT: Councilmember -None
City Clerk
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