HomeMy Public PortalAboutCity Council_Ordinance No. 04-894U_Moratorium extension on medium-density residential zoned properties between Rosemead Blvd and Encinita Avenue_4/6/2004_Regular1
ORDINANCE NO. 04 -894U
AN EXTENSION OF 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 -887U was adopted by this City Council on May 6, 2003; this
Ordinance extended Ordinance No. 03 -886U, which was adopted by the City Council on April 15, 2003 in
order to enact a 45 -day moratorium in accordance with California Government Code Section 65858.
The purpose and intent of the moratorium is to prevent the further development of this residential
neighborhood until the City has an opportunity to correct existing infrastructure capabilities and to address
traffic and circulation issues. The Council finds that said Ordinance No. 03 -886U, Ordinance No. 03-
887U and this Ordinance No. 04 -894U are exempt from CEQA, as emergency and temporary actions.
Section 2. The Council further finds that progress has been made since the adoption of
Ordinance 03 -886U and 03 -887U. Extensive studies, research, field surveys and inspections were
conducted; it was concluded that the area in question has an existing sewer capacity deficiency and is
impacted adversely by so- called "cut- through" traffic. Additionally, the existing lot configurations greatly
impede quality new development; specific design and architectural criteria need to be crafted to effectuate
quality future development.
Section 3. It is necessary that Ordinance 03 -886U and 03 -887U be extended for an additional
period of one (1) year. This extension of the moratorium is necessary because of 1) existing sewer
capacity deficiencies in the area; and 2) adverse impacts associated with cut - through traffic.
Section 4. A public hearing notice regarding this one -year extension of the existing moratorium
was noticed in the San Gabriel Valley Weekly Newspaper. Additionally, public hearing notices were
mailed, by first -class mail to all property owners of R -2 zoned parcels as shown on the latest Tax
Assessor's roll and to all residents /occupants in the same area based upon addresses.
Section 5. The purpose, intent and necessity for this moratorium is set forth in Urgency
Ordinance 03 -886U and Ordinance No. 03 -887U as well as this Ordinance. Furthermore, the issues
relative to new residential development and construction are documented in numerous Staff reports to the
City Council as well as City Council minutes. In particular, the need to extend the current moratorium is
documented in the City Council minutes of March 16, 2004 and April 6, 2004.
Section 6. No new construction or development entitlements shall be approved, authorized or
commenced on any R -2 zoned property within the "Moratorium Study Area ", as illustrated on the attached
map, 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.
Ordinance No. 04 -894U
Page 2
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 this
Ordinance. Specifically, the following tentative subdivision maps shall be exempt and may
receive final map approval and issuance of building permits:
• Tentative Tract Map 53969 (5050- 50581/2 Sereno Dr.)
• Tentative Tract Map 54183 (5221 -5231 Sereno Dr.)
• Tentative Parcel Map 26613 (5232 -5234 Sereno Dr.)
• Tentative Tract Map 54302 (5132 Sereno Dr.)
4. Issuance of building permits for any new dwelling unit where the building construction plans
were submitted for building plan check prior to enactment of the original Ordinance on April
15, 2003. Specifically, building permits may be issued for the construction of a new dwelling
at 5129 Sultana Avenue and 9031 Acaso Drive.
Section 7. Ordinance 03 -886U and 03 -887U are hereby extended for one (1) year to April 15,
2005, based upon the findings contained in Ordinance No. 03 -886U, 03 -887U and this Ordinance as well
as findings enumerated in the City Council Staff reports and findings discussed at the City Council
meetings relative to this matter.
Section 8. 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 9. The effective date of this urgency Ordinance shall be April 6, 2004.
PASSED, APPROVED, AND ADOPTED on this 6th day of April, 2004.
ATTEST:
City Clerk
MAYOR P-26(1----
R66
I, City Clerk of the City of Temple City, do hereby certify that the foregoing urgency Ordinance,
Ordinance No. 04 -894U, 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 April, 2004, and was duly passed, approved and
adopted by said Council at a regular meeting held on the 6th day of April, 2004 by the following vote:
AYES: Councilmember - Vizcarra, Wong, Arrighi, Zovak
NOES: Councilmember -Capra
ABSENT: Councilmember -None
ABSTAIN: Councilmember -None
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City Clerk
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