Ordinance No. 898 - Repealing Ordinance No. 888ORDINANCE 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 25`h day of May, 2010.
Gary lor, Mayor
ATTEST: t~ I
Gloria Molleda
City Clerk
APPROVED AS TO FORM:
Joe ontes
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD 1
I, Gloria Molleda, City Clerk of the City of Rosemead, California, do hereby certify that the
foregoing Ordinance No. 898 was duly and regularly approved and adopted by the City Council on
the 25th of May, 2010 by the following vote to wit:
Yes: Armenta, Clark, Low, Ly, Taylor
No: None
Abstain: None
Absent: None
~ 'A 6,11 Q& )NXA Lei
Gloria Molleda
City Clerk
ROSEMEAD 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. 82--L
City Council Meeting
May 25, 2010
Page 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:
$ubmitted by:
Community elopment Director
A. Ordinance 888
B. Ordinance 898