CC - Item 8B - Ordinance Repealing Moratorium on Approval of Land Use Entitlements for Mixed-Use Residential Commercial DevelopmentsROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: MAY 25, 2010
SUBJECT: ORDINANCE REPEALING MORATORIUM ON APPROVAL OF LAND
USE ENTITLEMENTS FOR MIXED-USE RESIDENTIAL COMMERCIAL
DEVELOPMENTS
SUMMARY
The proposed ordinance would repeal the existing moratorium on the approval of land
use entitlements for mixed-use residential commercial developments in its entirety.
STAFF RECOMMENDATION
Staff recommends that the City Council adopt the proposed ordinance, which is subject
to a 4/5ths City Council approval requirement.
DISCUSSION
As the City Council is aware, Interim Urgency Ordinance 888 (Attachment A), which
prohibits the approval of applications for land use entitlements for mixed-use
commercial and residential developments in the City, was adopted on March 9, 2010 to
extend the Interim Urgency Ordinance adopted by Ordinance No. 873, and extended by
Ordinance No. 874, until March 21, 2011. This purpose of the recent extension was to
allow staff additional time to revise land use designations for mixed-use projects in the
City to more accurately reflect the City's desire to locate mixed-use projects in "nodes"
around commercial areas.
The work plan to achieve this goal has been completed. On April 13, 2010, the City
Council adopted General Plan Amendment No. 09-01, which designated four "nodes" in
the City for mixed-use development with limitations on both residential density and
building height. On May 11, 2010, the City Council adopted Ordinance No. 891, which
rezoned the areas designated by General Plan Amendment No. 09-01 so that the
Zoning Code and General Plan would be consistent. On May 11, 2010, the City Council
adopted Ordinance No. 889, which created residential/commercial development
standards for mixed use projects.
With the completion of the General Plan Amendment, the rezoning of the parcels
designated for mixed-use projects, and the adoption of the development standards for
ITEM NO. 8~
City Council Meeting
May 25, 2010
Pace 2 of 2
such projects the City no longer has a need for a moratorium. Therefore, such factors
warrant the City Council's consideration of the adoption of Ordinance 898 (Attachment
B) to repeal the Interim Urgency Ordinance 888 in its entirety. If adopted, the
ordinance would have an effective date of June 11, 2010.
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:
Sheri Bermejo
Principal Planner
Attachments:
Submitted by:
kelopment Director
A. Ordinance 888
B. Ordinance 898
ORDINANCE NO. 898
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, REPEALING ORDINANCE NO. 888
WHEREAS, pursuant to Government Code 65858 the City Council of the City of
Rosemead adopted as an urgency matter Ordinance No. 873 prohibiting the
approval of applications for land use entitlements for mixed-use commercial and
residential projects in the City for a period of forty-five (45) days.
WHEREAS, pursuant to Government Code 65858 the City Council adopted
Ordinance No. 874 extending the prohibitions in Ordinance No. 873 for an
additional ten (10) months and fifteen (15) days.
WHEREAS, pursuant to Government Code 65858 the City Council adopted
Ordinance No. 888 enacting a final extension of the prohibitions in Ordinance No.
873 for an additional period of one (1) year.
WHEREAS on April 13, 2010 the City Council adopted General Plan Amendment
No. 09-01 setting forth revised land use designations for mixed-use projects in
the City to more accurately reflect the City's desire to locate mixed-use projects
in "nodes" around commercial areas.
WHEREAS, on May 11, 2010 the City Council adopted Ordinance No. 891
rezoning the areas designated by General Plan Amendment No. 09-01 so that
the Zoning Code and General Plan would be consistent.
WHEREAS, on May 11, 2010 the City Council adopted Ordinance No. 889
creating residential/commercial development standards for mixed use projects.
WHEREAS, with the completion of the General Plan Amendment, the rezoning of
the parcels designated for mixed-use projects, and the adoption of the
development standards for such projects the City no longer has a need for a
moratorium on such projects.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD
DOES ORDAIN AS FOLLOWS:
SECTION 1. In accordance with Government Code Section 65858 (c), a
legislative body may adopt or extend any interim ordinance only if there is a
current and immediate threat to the public health, safety, or welfare, and that the
approval of use permits, variances, building permits, or any other applicable
entitlement for use which is required in order to comply with a zoning ordinance
would result in that threat to public health, safety, or welfare. All public health,
safety, and welfare concerns that were present when the initial interim urgency
ordinance was adopted have been eliminated with the completion of General
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Plan Amendment No. 09-01 , the adoption of Ordinance No. 891 rezoning the
areas designated by General Plan Amendment No. 09-01 so that the Zoning
Code and General Plan would be consistent with respect to mixed-use projects,
and the adoption of Ordinance No. 889 creating residential/commercial
development standards for mixed use projects. With no further threat to the
public health, safety, and welfare, there is no further need for a moratorium on
mixed-use projects.
SECTION 2. Ordinance 888 as applied to the City shall be repealed in its
entirety, and this Ordinance 898 shall become effective on June 11, 2010, as
adopted by at least a four-fifths (4/5) vote of the City Council.
SECTION 3. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance, is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have adopted this Ordinance, and
each section, subsection, subdivision, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid
or unconstitutional. ,
SECTION 4. The City Clerk shall certify as to the adoption of this
Ordinance and shall cause a summary thereof to be published within fifteen (15)
days of the adoption and shall post a certified copy of this Ordinance, including
the vote for and against the same, in the Office of the City Clerk, in accordance
with Government Code Section 36933.
PASSED, APPROVED, AND ADOPTED this 25th day of May, 2010.
Gary Taylor, Mayor
ATTEST:
Gloria Molleda
City Clerk
APPROVED AS TO FORM:
Joe Montes
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF ROSEMEAD )
CITY CLERK'S CERTIFICATION OF
THE ADPOTION OF ORDINANCE
I, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify
that the foregoing Ordinance No. 897 was introduced and adopted, as an
urgency measure pursuant to California Government Code section 36937 (b), at
a regular meeting of the City Council on the 11`h day of May, 2010 by the
following roll-call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Gloria Molleda
CITY CLERK
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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. 673 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 A
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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.
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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.
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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 9th day of March , 2010.
Margaret Clark, Mayor
ATTEST:
Gloria Molleda, City Clerk
APPROVED AS TO FORM:
Joseph M. Montes, City Attorney
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