Ordinance No. 874 - Extending the Interim Urgency Ordinance Adopted by No 873 Prohibiting the Approval for Mixed-Used Commercial & Residential DevelopmentsORDINANCE NO. 874
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, EXTENDING THE INTERIM
URGENCY ORDINANCE ADOPTED BY ORDINANCE 873
PROHIBITING THE APPROVAL OF ENTITLEMENTS FOR
MIXED-USE COMMERCIAL AND RESIDENTIAL
DEVELOPMENTS AND MAKING FINDINGS IN SUPPORT
THEREOF.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, FINDS AS
FOLLOWS:
SECTION 1 FINDINGS
A. Government Code §65858 authorizes the City Council to adopt and
extend, as an urgency measure, an interim ordinance prohibiting any uses which
may be in conflict with general plan, specific plan and zoning proposals which the
City is donsidering or studying or intends to study within a reasonable time.
B. The City of Rosemead ("City") recently reviewed and amended its
General Plan, but has not undertaken a similar review of its zoning code in order
to ensure consistency or to adopt standards for mixed use development.
C. The City is concerned with health and safety issues relating to
compatibility between mixed-use developments which have residential uses and
uses permitted under the existing zoning code. The incompatible uses will create
health and safety issues if residential uses permitted under the General Plan are
not reconciled with the City existing zoning regulations.
D. On March 24, 2009, pursuant to Government Code § 65858, the
City Council adopted interim urgency Ordinance No. 873 prohibiting the approval
of mixed-use residential and commercial developments. Such ordinance, by law,
was only effective for 45 days, unless extended following a public hearing.
E. Pursuant to Government Code § 65858, the City Council may,
following a noticed public hearing, extend interim Ordinance No. 873 for an
additional ten (10) months and fifteen (15) days following the conclusion of the
initial 45 days.
F. In order to allow City staff and the City Council the time necessary
to investigate and further study and analyze the current zoning code and the
recently amended General Plan and address the health and safety concerns
relating to the inconsistent uses permitted under each document the City Council
desires to extend Interim Ordinance No. 873. .
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G. The factual basis to support the adoption of Ordinance No. 873
continues to apply to this Ordinance.
H. In addition to the facts and findings in Ordinance No. 873,
subsection (c) of §65858 requires that the City's ordinance contain findings that
the approval of developments with multi-family residential uses would have a
specific, adverse impact upon the public health or safety. The substantial
specific adverse impacts in this instance will be on residents in the approved
mixed-use developments who would be living next to or directly above conflicting
uses permitted under the City's existing zoning regulations. These conflicting
and adverse uses include businesses with extended late or early morning hours,
24 hour businesses, businesses which serve alcohol, businesses which play
music, or permit outdoor dining or seating, businesses which have large truck
deliveries or deliveries occurring in the early morning or late night hours.
Additional specific, adverse impacts on health and safety exist because the
General Plan permits the construction of mixed-use developments with
residential uses in areas where the existing zoning code allows light
manufacturing and industrial uses. These business include but are not limited to,
auto repair facilities, machine shops, and distributing plants.
1. This interim ordinance is necessary to avoid the approval of
mixed-use developments with residential uses in locations where the zoning
code permits inconsistent uses with adverse impacts on the health and safety. of
the residents living in proposed mixed-use developments. Further, no other
feasible alternatives exist which can prevent the construction of mixed-use
developments in areas where these above described adverse uses are currently
permitted under the zoning code.
J. The City Council finds these facts, in addition to those
discussed in the staff report to the Ordinance satisfy the requirements of
subsection (c) section 65858.
K. Pursuant to the requirements of California Government Code
§65858 (d) a report was drafted, and made available to the public, relative to the
steps taken to alleviate the conditions that necessitated the adoption of
Ordinance No. 873.
L. On April 28, 2009, the City Council conducted a duly notice public
hearing concerning the adoption of this Ordinance.
SECTION 2: INTERIM ORDINANCE. Neither staff, any commission, or the
City Council shall approve any land use entitlement for a residential/commercial
mixed-use project, unless at least one entitlement for such project is already
being processed by the City as of the effective date of this Ordinance, in which
case additional approvals for such project may be issued. As used herein "land
use entitlements" includes any and all licenses, permits or other approvals
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required to be issued by the City prior to construction of the project. Nothing in
this ordinance prohibits the processing of applications for land use entitlements.
SECTION 3. 10 DAY REPORT. If the City Council desires to extend this
Ordinance, at least 10 days before this Ordinance expires, the City Council shall
issue a written report describing the measures taken to alleviate the condition
which led to the adoption of this Ordinance.
SECTION 4. SEVERABILITY. The City Council hereby declares that the
provisions of this Ordinance are severable and if for any reason a court of
competent jurisdiction shall hold any sentence, paragraph, or section of this
Ordinance to be invalid, such decision shall not affect the validity of the
remaining parts of this Ordinance.
SECTION 5. URGENCY. This Ordinance is hereby declared to be an urgency
measure within the meaning of Government Code Section 36937 as necessary
for the immediate protection of the public health, safety and welfare. This
Council hereby finds that there is a current and immediate threat to the public
health, safety and welfare. This Ordinance shall go into effect immediately upon
its adoption.
SECTION 6: EFFECTIVE DATE. This interim ordinance shall take effect
immediately upon the expiration of Ordinance No. 873 and shall continue in
effect for 10 months and 15 days from such date, through and including March
22, 2010. This Ordinance shall be of no further force and effect after such date,
unless, after notice pursuant to Government Code Section 65090 and public
hearing, the Rosemead City Council extends this said interim ordinance pursuant
to Government Code Section 65858.
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SECTION 7: NOTICE OF ADOPTION. The City Clerk shall certify to the
adoption of this ordinance and shall cause the same to be posted as required by
law.
PASSED, APPROVED AND ADOPTED this ZS day of 2009.
)n-. Chit,, !1
Margare lark, Mayor
ATTEST:
oria Molleda, City Clerk
APPROVED AS TO FORM:
ose M. Monte , City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, California, do hereby
certify that the foregoing Urgency Ordinance No. 874 was regularly introduced and
placed upon its first reading at a regularly meeting of the City Council on the28th of
April, 2009. That after said Ordinance was duly adopted and passed by the following vote
to wit:
Yes: Armenia, Clark, Low, Ly, Taylor
No: None
Absent: None
Abstain: None
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Glona Molleda
City Clerk