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CC - Approving Ordinance 802 - Box 065TO: HONORABLE MAYOR AND MEMBERS OF ROSEMEAD CITY COUNCIL FROM: FRANK G. TRIPEPI, CITY MANAGER DATE: MARCH 28, 2000 SUBJECT: URGENCY ORDINANCE NO. 802 - A 45 DAY MORATORIUM ON THE ISSUANCE OF USE ENTITLEMENTS AND BUILDING PERMITS IN EXCESS OF $25,000 FOR NEW CONSTRUCTION AT FOUR INTERSECTIONS ALONG VALLEY BOULEVARD City staff supports the proposed moratorium and recommends that the City Council adopt this urgency ordinance for a 45 day period and direct staff to study the land use issues. RECOMMENDATION Waive reading in full and adopt Ordinance No. 802 COUNCIL AGENDA MAR 2 S 2000 ITEM No..-/~ • F MAR-22-00 WED 16;48 GRC-COPENHAVER, INC. FAX NO. 9093967913 Memorandum To: Frank Tripepi, City Manager from: Stephen Copenhaver, President Date: March 21, 2000 Subject: Recommended Building Moratorium P. 02 Our recent efforts in reviewing portions of Valley Boulevard for various proposed uses such as a location for a name brand coffee shop, expansion of an existing dinner house restaurant, a supermarket anchored shopping center, relocation parcels for industrial uses and sites for public uses have brought to the forefront several land use problems in the corridor. Unfortunately, Valley Boulevard in Rosemead has areas of mixed use parcels, industrial development, wholesale oriented businesses, older non- conforming residential development and many examples of incompatible uses being located in proximity to each other. The above described conditions, in our opinion, are a disincentive to investors seeking business. locations and development sites. The existing municipal zone designations are very outdated and allow such a broad range of uses that the City is extremely limited in its ability to control incompatible uses or to maintain the retail integrity of prime locations on the Boulevard. Given that Valley Boulevard is the primary east-west arterial through the City and the best location for highway and neighborhood oriented retail in the City, the current municipal planning controls are unable to provide the protections that investors require and the incentives required for Rosemead to effectively compete for business with other cities in the region. Similarly, the City's General Plan does not adequately address the community's goals for the entirety of Valley Boulevard. It is our recommendation that the City prevent further incompatibilities. and lost opportunities and consider adopting a building moratorium that allows interior building improvements and minor exterior improvements up to a specified dollar value but places a moratorium on more extensive building until the City has MAR-22-00 WED 16:49 GRC-COPENHAVER, INC. FAX NO. 9093967913 Recommended Building Moratorium March 21, 2000 Page 2 P. 03 the opportunity to review existing regulations and develop new municipal code provisions required to enhance the subject corridor. These new code provisions could result in updating current zoning and development standards or could take the form of a statutory Specific Plan that designates land use and development standards. Each new parcel that is improperly developed in a critical section of Valley Boulevard is multiplying the adverse impacts found today. Without the proper plarming controls to regulate land use and enforce modern commercial development standards the City cannot adequately plan for development on Valley Boulevard. Consequently, we believe that a building moratorium for a limited period of time to allow for the review of current and to develop new land use and development standards on portions of Valley Boulevard would prove to be very. productive to the long term viability of the corridor. . There are four areas that we are extremely concerned with that are illustrated on the attached map labeled Exhibit "A". It is our recommendation that the City consider adopting a moratorium on significant new construction in these areas to permit a thorough study of land use and development standards. attachments: CC: SENT-BY: WALLIN KRESS REISMAN : 3-21- 0 :12`31PM (310) 450-05011- 626 :307 92143:# 6/ 1 EXHIBIT "A" The following geographic areas are subject to the moratorium enacted by Rosemead City Council Ordinance No. 802: 1. The northeast and southeast comer of Valley and Temple City Boulevards. APN's 8577-009-018 through 8577-009-0031;8578-001-001 through 8578-001-003. 2. The northwest comer of Valley and Rosemead Boulevards. APN's 5391-012-036 through 5391-012-039. 3. The southeast comer of Valley Boulevard and Rio Hondo. APN's 8593-001-001 through 8593-001-004, 8593-001-010,8593-001-014, 8593-001-035, 8593-001-038, 8593-001- 040, and 8593-001-046. 4. The southwest corner of Valley Boulevard and Walnut Grove Avenue. APN's 5371- 011-015 through 5371-011-017. 5 I~ L III r\ 1 ~t 4 l r SENT BY: WALLIN KRESS REISMAN : 3-21- 0 :12:30PM : 13101 950-0506- 626 31.17 921x:# 2! i. ORDINANCE NO. 802 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD IMPOSING A 45-DAY MORATORIUM ON THE ISSUANCE OF ANY PERMITS OR OTHER ENTITLEMENTS WITH THE EXCEPTION OF BUILDING PERMITS VALUED AT $25,000 OR LESS AT FOUR DESIGNATED AREAS ON VALLEY BOULEVARD AND DIRECTING THE PLANNING DEPARTMENT TO INITIATE A STUDY WITH RESPECT TO DEVELOPING APPROPRIATE ZONING CLASSIFICATIONS AT SUCH DESIGNATED AREAS THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: Section . While this ordinance remains in effect, no building permits valued at more than $25,000, design reviews, subdivisions or other entitlements shall be accepted for filing or processed for the four areas on Valley Boulevard described on Exhibit ":A", attached hereto and incorporated herein by this reference. Section . Pursuant to the provisions of Section 65858 of the Government Code of the State of California, this is an urgency interim zoning ordinance. This ordinance shall take effect immediately and shall expire forty-five (45) days thereafter unless extended by the City Council SENT BY: WALLIN KRESS REISMAN : 3-21- 0 :12:30PM : (310) 950-0506- 62t; 307 921ft::# 31 6 after notice and public hearing. The facts constituting the current and immediate threat to the public welfare necessitating an urgency ordinance are as follows: The City Council finds and determines that the moratorium imposed by this ordinance is enacted to protect and preserve the public health, safety and welfare of the local business community and residents of the community pending completion of a Planning Department review of appropriate zoning classifications for the four areas referenced in Exhibit "A". A redevelopment plan is scheduled for consideration by the City Council and Rosemead Redevelopment Agency within the next sixty (60) days. Pending consideration of the redevelopment plan for Valley Boulevard, the Council wishes to temporarily suspend permit issuance and entitlements for the four subject areas. Development, per the proposed requirements of the redevelopment plan, is critical to the success of the effort to revitalize Valley Boulevard. The Planning Department needs to review the existing zoning and general plan designations of the subject areas for conformance to the recommendations in the redevelopment plan. Development at the subject areas, without such a Planning Department review of zoning and general plan classification would be a current and immediate threat to the public welfare, and the approval of permits without proper review would result in a threat to the public welfare. Section . The City Council may grant relief from the provisions of this moratorium ordinance upon recommendation of the Planning Commission, subject to a finding of the following: 2 SENT BY: WALLIN KRESS REISMAN : 3-21- 0 :12:31PM 13101 450-OSOG- 626 307 9-2216:# 4/ 6 I. The strict application of the provisions of the moratorium to a particular project would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of the moratorium; and 2. That there are exceptional circumstances or conditions applicable to the development that do not apply generally to the other projects covered by this moratorium; and 3. That the granting of an exception would not be materially detrimental to the public welfare as defined above. Section 4. If any provision of this ordinance is held to be unconstitutional, it is the intent of the City Council that such portion of this ordinance be severable from the remainder and that the remainder be given full force and effect. Section 5. The Planning Department is hereby directed to commence a study of the subject areas and to make recommendations it deems necessary regarding zoning and general plan land use classification. Section 6. The City Clerk shall certify to the adoption of this Ordinance. 3 SL-N] L'1': 9ALLIN KRESS REISMAN : 3-21- 0 :12:31PM 13101 950-0506- PASSED, APPROVED and ADOPTED this 28th day of March, 2000. 62E 307 9214.1:# Fi 11 Mayor ATTEST: City Clerk 4