Loading...
CC - Item 8A - Extension of Interim Urgency Ordinance Adopted by Ordinance 873J ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: MARCH 9, 2010 SUBJECT: EXTENSION OF INTERIM URGENCY ORDINANCE ADOPTED BY ORDINANCE 873 AND EXTENDED BY ORDINANCE 874 PROHIBITING THE APPROVAL OF ENTITLEMENTS FOR MIXED-USE COMMERCIAL AND RESIDENTIAL DEVELOPMENTS SUMMARY On March 24, 2009, pursuant to Government Code section 65858, the Rosemead City Council enacted Urgency Ordinance No. 873 (Attachment A), which imposed a moratorium on the approval of applications for land use entitlements for mixed-use commercial and residential developments for a period of 45 days (the "Initial Ordinance"). On April 28, 2009, the City Council enacted Urgency Ordinance No. 874 (Attachment B), which extended the moratorium for an additional period of 10 months and 15 days (the "First Extension"). In the time allotted under the Initial Ordinance and the First Extension, staff has compiled and is continuing to study the substantial health and safety issues regarding the inconsistencies between the City's current zoning regulations and the City's adopted General Plan, as it relates to residential and commercial mixed-use developments. Over the last twelve months, the City has hired a land use consultant and created a subcommittee of Council members to work with staff to study the zoning regulations and General Plan to identify and address conflicts that exist regarding mixed-use developments permitted under the existing General Plan and uses under the zoning code. Due to a change in the General Plan Work Revision Program the twelve month period has not provided a sufficient amount of time to complete the required tasks. Additional time is needed to address the reclassification of parcels that are currently designated for mixed-use development in the existing General Plan to other land use designations. Therefore, such factors warrant the City Council's consideration of the adoption of Interim Urgency Ordinance 888 (Attachment C) to extend the Interim Urgency Ordinance adopted by Ordinance 873 and extended by Ordinance 874 for an additional period of one year (March 21, 2011). ITEM NO. APPROVED FOR CITY COUNCIL AGENDA: City Council Meeting March 9, 2010 Page 2 of 3 STAFF RECOMMENDATION Staff recommends that the City Council introduce (read by title only) a City Council Ordinance in Attachment C, and adopt, as an urgency measure pursuant to California Government Code section 65858 (b) Ordinance No. 888 entitled "An Ordinance of the City Council of the City of Rosemead, California, extending the Interim Urgency Ordinance adopted by Ordinance 873 and extended by Ordinance 874 prohibiting the approval of entitlements for mixed-use commercial and residential developments and making findings in support thereof." ANALYSIS The Planning Division and the City Council Subcommittee have been working on a comprehensive General Plan Work Revision Program to address the appropriate location for mixed-use development in the City. The work program entails General Plan text and map revisions, preparation of residential/commercial mixed-use development standards and guidelines, a zoning code map revision, and an environmental review. The Planning Division continues to make progress on this project. As outlined in the 10 Day Report" (Attachment D), in the time allotted under the initial interim ordinance and extension ordinance, staff has compiled and is continuing to study the substantial health and safety issues regarding the inconsistencies between the City's current zoning regulations and the City's recently adopted General Plan as it relates to residential and commercial mixed-use developments. The recent sale of two large properties in the City, the "Auto Auction" and "Barr Lumber" sites (8001 Garvey Avenue, 8614 Valley Boulevard, and 3900 and 3910 Walnut Grove Avenue), has also prompted staff to reorganize the General Plan Work Revision Program. The Auto Auction and Barr Lumber sites total approximately 20 acres of land which have the potential of providing opportunity for a variety of tax generating commercial uses. These parcels are currently designated for mixed-use residential/commercial development in the existing General Plan. New designations need to be identified for these parcels, as the subcommittee has recommended that these parcels not be designated for mixed-use development. For this reason, staff will be incorporating a new High Intensity Commercial land use designation on these properties in the General Plan as a land use tool to control development on these sites with the objective of augmenting the City's economic base. This new task in the General Plan Work Revision Program has required additional time. The extension of this moratorium will allow staff the time needed to prepare the necessary ordinances and plans to address the health and safety issues identified due to the inconsistencies between the City's current zoning code and General Plan. It is anticipated that a proposed General Plan Amendment will be reviewed by the City Council on April 13, 2010. Once the General Plan Amendment has been adopted, a City Council Meeting March 9, 2010 Page 3 of 3 adopted, a similar review of the City's zoning code will be completed in order to adopt standards for mixed-use development. The municipal code amendments for mixed-use development standards, mixed-use guidelines, and zoning map revisions will follow in early spring. LEGAL REVIEW This staff report has been reviewed and approved by the City Attorney. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: Submitt ed b Sheri Bermejo an ong Principal Planner ommunity Development Director Attachment A: Ordinance No. 873 Attachment B: Ordinance No. 874 Attachment C: Ordinance No. 888 Attachment D: 10-Day Report ORDINANCE NO. 873 AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, PROHIBITING THE APPROVAL OF APPLICATIONS FOR LAND USE ENTITLEMENTS FOR MIXED-USE COMMERCIAL AND RESIDENTIAL DEVELOPMENTS. 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, 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 considering or studying or intends to study within a reasonable time. 8. 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 the compatibility, consistency and aesthetics of mixed use commercial and residential developments within the City. D. The City has received applications, and it is reasonably foreseeable that the City will continue to receive development applications, for mixed use commercial and residential developments, which could affect the compatibility and aesthetics of the surrounding area and environment if approved prior to review and possible amendment of the zoning code. E. In order to allow City staff the time necessary to investigate and further study and analyze the current zoning code and recently amended General Plan and how mixed use commercial and residential development projects are permitted, the City finds that it is necessary to establish an interim zoning ordinance. SECTION 2: INTERIM ORDINANCE. Neither staff, any commission, or the City Council shall approve any land use entitlement for a residential mixed use or 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 required to be issued by the City prior to construction of the project. Nothing in this ordinance prohibits the processing of applications of land use entitlements. ATTACHMENT A SECTION 3: 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 4: 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 5: EFFECTIVE DATE. This interim ordinance shall take effect immediately upon its adoption and shall continue in effect for forty-five (45) days from the date of its adoption by not less than a four-fifth's vote of the Rosemead City Council, and shall thereafter be of no further force and effect, 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. SECTION 6: 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 y day of Gri,~ 2009. Margo t Clark Mayor ATTEST: r) Gloria Molleda, city Cler APPROVED AS TO FORM: Joseph M. Monte , City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) I, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that Ordinance No. 873 was duly and regularly approved and adopted by the Rosemead City Council on the 24th of March 2009, by the following vote to wit: Yes: Armenta, Clark, Low, Ly No: Taylor Absent: None Abstain: None Aaic(d Gloria Molleda City Clerk ORDINANCE 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 considering 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. . ATTACHMENT B 94847-_464 -1155 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 shop's, 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 safe ty.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 LA #4847-3464-1155 VI 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. LA 94847-3461-1155 vI 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. 22LA ~ C" Margare lark, Mayor ATTEST: -LC't 'v' oria Molleda, City Clerk APPROVED AS TO FORM: 'So-sepli M. Mont City Attorney LAS 4847.1464-1135 rl STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } SS. CITY OF ROSEMEAD } 1, 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: Annenta, Clark, Low, Ly, Taylor No: None Absent: None Abstain: None Gloria Molleda City Clerk ORDINANCE NO. 888 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, EXTENDING THE INTERIM URGENCY ORDINANCE ADOPTED BY ORDINANCE 873 AND EXTENDED BY ORDINANCE 874 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 considering or studying or intends to study within a reasonable time. B. The City of Rosemead ("City") in 2008 reviewed and amended its General Plan, and is in the process of undertaking a similar review of both its General Plan and 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's 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 effective for 45 days, unless extended following a public hearing. E. On April 28, 2009, also pursuant to Government Code § 65858, the City Council adopted interim Ordinance No. 874, extending the prohibition set forth in Ordinance No. 873 for an additional 10 months and 15 days. F. Pursuant to Government Code § 65858, the City Council may, following a noticed public hearing, extend interim Ordinance No. 873 for an additional one (1) year following the conclusion of the additional 10 months and 15 days. ATTACHMENT C LA #4813-8712-7301 v I DRAFT G. In order to allow City staff and the City Council the time necessary to finish their investigation and to complete their study and analysis of the current zoning code and the recently amended General Plan so as to 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. H. The factual basis to support the adoption of Ordinance No. 873 and Ordinance No. 874 continues to apply to this Ordinance. 1. 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 businesses include but are not limited to, auto repair facilities, machine shops, and distributing plants. J. 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. K. 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. L. 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. M. On March 9, 2010, the City Council conducted a duly notice public hearing concerning the adoption of this Ordinance. LAN4813-8712-7301 vl DRAFT 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 was already being processed by the City as of March 24, 2009, 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 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. 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 4. 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 5: EFFECTIVE DATE. This interim ordinance shall take effect immediately upon the expiration of Ordinance No. 874 and shall continue in effect for one year from such date, through and including March 21, 2011. This Ordinance shall be of no further force and effect after such date. LA 44813-8712-7301 v1 DRAFT SECTION 6: 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 gm day of March , 2010. Margaret Clark, Mayor ATTEST: Gloria Molleda, City Clerk APPROVED AS TO FORM: Joseph M. Montes, City Attorney LA 94813-8712-7301 vl DRAFT 10 DAY REPORT ON THE CITY OF ROSEMEAD'S SECOND EXTENSION OF A MORATORIUM ON THE APPROVAL OF APPLICATIONS FOR LAND USE ENTITLEMENTS FOR MIXED-USE COMMERCIAL AND RESIDENTIAL DEVELOPMENTS BACKGROUND On March 24, 2009, pursuant to Government Code section 65858, the Rosemead City Council enacted Urgency Ordinance No. 873, which imposed a moratorium on the approval of applications for land use entitlements for mixed-use commercial and residential developments for a period of 45 days (the "Initial Ordinance"). On April 28, 2009, the City Council enacted Urgency Ordinance No. 874, which extended the moratorium for an additional period of 10 '/z months (the "First Extension"). This report is submitted in compliance with subsection (d) of Government Code section 65858, which requires the issuance of "a written report describing the measures taken to alleviate the conditions which led to the adoption of the ordinance." EXTENSION 1. In the time allotted under the Initial Ordinance and the First Extension, staff has compiled and is continuing to study the substantial health and safety issues regarding the inconsistencies between the City's current zoning regulations and the City's recently adopted General Plan as it relates to residential and commercial mixed-use developments. 2. Staff identified immediate health and safety concerns because the recently amended General Plan permits the construction of residential units in the mixed use developments in areas where the existing zoning code permits the establishment of uses with late night hours, 24-hour operations or the operation of businesses which have late night or early morning deliveries, businesses which serve alcohol, play music, or have outdoor seating. These businesses could include bars, dance clubs, convenience stores, and certain retailers. Staff has found that these uses are inconsistent with residential uses unless appropriately regulated and are an immediate threat to the safety and health of the residents which would live above or next to such uses. 3. The City Council has approved the creation of a subcommittee of Councilmembers to work with City staff to study the zoning regulations and General Plan to further identify and address the conflicts that exist regarding mixed-use residential and commercial developments permitted under the General Plan and uses under the zoning code . 4. That subcommittee has been processing a new zoning regulation addressing mixed-use development, but continued study of the inconsistencies and the potential remediation of these inconsistencies will require additional time before the new ATTACHMENT D Report on Mixed-Use Zoning Page 2 of 2 regulation may be adopted. Additionally the subcommittee has been working on further General Plan amendments to improve the land use compatibility inconsistencies. RECOMMENDATION Due to the on-going conditions and concerns noted in this report, staff recommends adoption of the Second Extension Ordinance. If adopted by the City Council, the Second Extension Ordinance would extend the moratorium on the approval of applications for land use entitlements for mixed-use commercial and residential developments for a period of 1 year.