CC - Item 2A - Extending Ordinance # 804 Imposed A moratorium On The Issuance Of Any Permits OrEntitlements For Specified Location On Valley Boulevard And Declaring The Urgency thereofTO: HONORABLE MAYOR
AND MEMBERS OF
ROSEMEAD CITY COUNCIL
TRIPEPI, CITY MAN
DATE: August 1, 2000
FROM: DRANK G
SUBJECT: ORDINANCE NO. 810 —AN ORDINANCE OF THE CITY
COUCIL OF THE CITY OF ROSEMEAD - EXTENDING
ORDINANCE NO. 804 WHICH IMPOSED A MORATORIUM
ON THE ISSUANCE OF ANY PERMITS OR
ENTITLEMENTS FOR SPECIFIED LOCATIONS ON
VALLEY BOULEVARD AND DECLARING THE URGENCY
THEREOF
Ordinance No. 810 has been drafted to extend Urgency Ordinance No. 804, which was
adopted by the City Council on May 9, 2000. This urgency ordinance was adopted to
allow staff sufficient time to study the land use classifications of certain areas along Valley
Boulevard. These two areas are generally described as the northeast corner of Temple
City and Valley Boulevards and the southeast corner of Rio Hondo Avenue and Valley
Boulevard. This moratorium was put in ,place to allow staff time to study the general plan
and zoning classifications of the properties and make any appropriate changes. Proposed
changes include amending the general plan and zoning map land use classifications from
industrial to commercial. City staff recommends that the City Council adopt this urgency
ordinance for an additional six -month period to allow planning department staff to.process
a City initiated general plan amendment and zone change for the outlined properties.
RECOMMENDATION
It is recommended that the City Council waive reading in full and adopt Ordinance No.
810
COUNCIL
Attachments:
L. Ordinance 804
2. Ordinance 802
AUG 0 8 2000
ITEM No. -r • A
ORDINANCE NO. 810
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD EXTENDING ORDINANCE
NO. 804 WHICH IMPOSED A MORATORIUM ON THE
ISSUANCE OF ANY PERMITS OR ENTITLEMENTS FOR
SPECIFIED LOCATIONS ON VALLEY BOULEVARD AND
DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
FOLLOWS:
SECTION 1 . The City Council finds, determines and declares:
(A) On May 9, 2000 the City Council considered and passed Ordinance No. 804 which ,
imposed a 90 -day moratorium on the issuance of any permits or entitlements exceeding $25,000
for specified properties on Valley Boulevard; and
(B) The City Council wishes to continue Ordinance No. 804 in effect for the properties
specified on Exhibit "A" to this Ordinance, and to allow the moratorium to expire for those other
properties that were specified in Ordinance No. 804 as subject to the moratorium; and
(C) On August 8, 2000 the City Council conducted a duly noticed public hearing
regarding the proposed extension of the moratorium imposed by Ordinance No. 804; and
(D) The City Council has received a report from the city staff that recommends that the
moratorium be continued for an additional ninety days to allow for Planning Department and
Planning Commission review and recommendations to the City Council.
SECTION 2 . Ordinance No. 804, duly adopted by the City Council on May 9, 2000, is
hereby extended for an additional one - hundred eighty day period for those properties specified
on Exhibit "A" hereto.
SECTION 3 . The City Council hereby finds that there exists a current and immediate
threat to the public safety, health and welfare should this interim ordinance not be enacted to
extend Ordinance No. 804 in that the lack of current development regulations for such uses is a
current and immediate threat to the public safety, health and welfare, and the approval of permits
for such uses, without public input and proper regulations regarding the siting and development
of such uses would result in a threat to the public safety, health and welfare.
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.
sr * »asr� *sit
PASSED, APPROVED and ADOPTED this 8th day of August, 2000.
Mayor
ATTEST:
City Clerk
2
EXHIBIT "A"
The following geographic areas are subject to the moratorium enacted by Rosemead City Council
Ordinance No. 810:
1. The mortheast corner of Valley and Temple City Boulevards.
APN `s: 8577- 009 -(025 through 030)
APN's : 8477- 009 -(049, 050, 052, 053)
2. The southeast corner of Valley Boulevard and Rio Hondo Avenue
APN's: 8593 -001 -001 through 004
APN's 8593- 001 -(010, 014, 035, 038, 040, 042, 046)
TO: HONORABLE MAYOR
AND MEMBERS OF
ROSEMEAD CITY COUNCIL
FROM: FRANK G. TRIPEPI, CITY MANAGER
DATE: MAY 9, 2000
SUBJECT: ORDINANCE NO. 804 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD EXTENDING ORDINANCE NO. 802 WHICH IMPOSED A MORATORIUM
ON THE ISSUANCE OF ANY PERMITS OR ENTITLEMENTS FOR SPECIFIED
LOCATIONS ON VALLEY BOULEVARD AND DECLARING THE URGENCY THEREOF
Ordinance No. 804 has been drafted to extend Urgency Ordinance No. 802, which was adopted at
by the Rosemead City Council on March 28, 2000. This urgency ordinance was adopted to allow
staff sufficient time to study four important intersections along Valley Boulevard that are
scheduled for new development activity. Ordinance No. 804 will extend Ordinance 802 for a
period of ninety days.
Staff is recommending that two of the four locations that were originally included in the
moratorium be removed at this time. These two locations include the northwest corner of Valley
and Rosemead Boulevards and the southwest corner of Valley Boulevard and Walnut Grove
Avenue (see attached map). Both of these locations are currently zoned and have a general plan
designation of "commercial ".
City staff will, need the additional three months to study the remaining two intersections to
determine if the current general plan designations and zoning designations are the most
appropriate land use categories for these areas. Also development standards for these zones will
be reviewed. -
RECOMMENDATION
Staff recommends that the City Council adopt Ordinance No. 804
A each ments:
1. Ordinance No. 804
2. Map and parcel exhibits
3. Staff Report & Ordinance No. 802, dated March 28, 2000
;Y V J 20 00
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ITEM ado.
2 -- . � 1
ORDINANCE NO. 804
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD EXTENDING ORDINANCE
NO. 802 WHICH IMPOSED A MORATORIUM ON THE
ISSUANCE OF ANY PERMITS OR ENTITLEMENTS FOR
SPECIFIED LOCATIONS ON VALLEY BOULEVARD AND
DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
FOLLOWS:
SECTION 1 . The City Council finds, determines and declares:
(A) On March 28, 2000 the City Council considered and passed Ordinance No. 802
which imposed a 45 -day moratorium on the issuance of any permits or entitlements exceeding
$25,000 for specified properties on Valley Boulevard; and
(B) The City Council wishes to continue Ordinance No. 802 in effect for the properties
specified on Exhibit "A" to this Ordinance, and to allow the moratorium to expire for those other
properties that were specified in Ordinance No. 802 as subject to the moratorium; and
(C) On May 9, 2000 the City Council conducted a duly noticed public hearing regarding
the proposed extension of the moratorium imposed by Ordinance No. 802; and
(D) The City Council has received a report from the city staff that recommends that the
moratorium be continued for an additional ninety days to allow for Planning Department and
Planning Commission review and recoinnendations to the City Council.
SECTION 2 . Ordinance No. 802, duly adopted by the City Council on March 28, 2000,
is hereby extended for an additional ninety day period for those properties specified on Exhibit
"A" hereto.
SECTION 3 . The City Council hereby finds that there exists a current and immediate
threat to the public safety, health and welfare should this interim ordinance not be enacted to
extend Ordinance No. 802 in that the lack of current development regulations for such uses is a
current and immediate threat to the public safety, health and welfare, and the approval of permits
for such uses, without public input and proper regulations regarding the siting and development
of such uses would result in a threat to the public safety, health and welfare.
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.
PASSED, APPROVED and ADOPTED this 9th day of May, 2000.
Mayor
ATTEST:
City Clerk
2
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EXHIBIT "A"
The following geographic areas are subject to the moratorium enacted by Rosemead City Council
Ordinance No. 804:
1. The mortheast corner of Valley and Temple City Boulevards.
APN 's: 8577- 009 -(025 through 030)
APN's : 8477- 009 -(049, 050, 052, 053)
2. The southeast corner of Valley Boulevard and Rio Hondo Avenue
APN's: 8593- 001 -001 through 004
APN's 8593- 001 -(010, 014, 035, 038, 040, 042, 046)
TO: HONORABLE MAYOR
AND MEMBERS OF
ROSEMEAD CITY COUNCIL
FROM: FRANK G. TRIPEPI, CITY MANAGER �
DATE: MARCH 28, 200D
SLBJECT: URGENCY ORDINANCE NO. S02 — A 4S DAY MORATORIUT4 ON THE
ISSUANCE OF USE ENTITLEMENTS AND BUILDING PERAIITS ITT
EXCESS OF $25,000 FOR NENV 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.
RECONINIE- NDATION -
Waive reading in full and adopt Ordinance No. 802
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ITEMNr-).
MAR 7'22 -00 WED 16 :48 GRC- COPENNAVER, INC. rAH NO. 9093967913 P.02
Memorandum
To:
Frank `lripepi, City Manager
Flom:
Stephen Copenhaver, President
Da(e:
March 21, 2000
Subjeet•
Recommended Building Moratorium
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 mired 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 Walley
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
nor 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 allm s interior building improvements
and minor exterior improvements up ro a specified dollar value but
places a 111oratori11111 OIl more cxterL:J've building until the Ciiy -has
MAR -22 -00 WED 16:49 GRC- COPENHAVER, 1140, FAX 140, 9093967913 P. 03
Recommended Building Moratorium
March 21, 2000
Page 2
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 planning 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.
ollnchmcnL:
CC:
�EVT E1': K'.dLIIN KRESS REI tiMAN 3 -21- U :1 2-30PM 13101 450-11506- ( c. : ^ '31.17 9211 2
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 525,000 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 COU OF THE CITY OF ROSEMEAD DOES ORDAIN AS
FOLLOWS:
Section 1. . Wlule this ordinance remains in effect, no building permits valued at more
than 525,000, 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 2. Pursuant to the provisions of Section 65853 of the Goverruuent 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: n'ALLIN KRESS REISMAN : 3 -21- 0 :12:30PM (3101 950 -0506- 626 307 921tu# 3/ @l
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 reco(nmendations in the redcvelopment plan. Development at
a1c 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
dueat to the public welfare:
Section 3. The City Cowicil may grant relief from the provisions of this moratorium _
ordinmice upon recommendation of the Plamning Co(ranission, subject fo a finding of the
following:
2
' SENT IiALLIN KPESS REISMAN : 3 -21- U :12:31PM 13101 950 -05(16- 626 307 9216:# 9; 6
1. The strict application of the provisions of the moratorium to a
particular project would result in practicai difficulties unnecessary hardships
inconsistent with the general purpose and intent of the moratorium; and
2. That there are exceptional circumstances or conditions applicable to the
dcvelopment that do not apply gcnerally 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.
S ection 4. If any provision of - this ordinance is held to be unconstitutional, it is the intent
of the Citv 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 certiry to the adoption of this Ordinuice.
II'ALLIN KREV FEISAfAN : 3 -21- U :19:31PM 13101 950 -0506- 646 307
PASSED, APPROVED and ADOPTED this 28th -day of March,
2000.
Mayor
ATTEST:
City Clerk
a -
EXHIBIT "A"
The following geographic areas are subject to the moratorium enacted by Rosemead City Council
Ordinance No. 802:
The northeast corner of Valley and Temple City Boulevards
APN `s: 8577- 009 -(025 through 030)
APN's : 8477- 009 -(049, 050, 052, 053)
The southeast corner of Valley Boulevard and Rio Hondo Avenu
APN's: 8593- 001 -(001 through 004)
APN's 8593 -001 -(010, 014, 035, 038, 040, 042, 046)
The northeast corner of Valley and Rosemead Boulevards
APN's: 5391- 012 -(036 through 039)
The Southwest corner of Valley Boulevard and Walnut Grove Avenu
APN's: 5371 - 011 -(015 through 017)
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Yes:
Bruesch, Taylor, Clark, Vasquez, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
APPROVAL OF MINUTES: JUNE 27, 2000 REGULAR MEETING
MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCIL IMPERIAL that the
Minutes of the Regular Meeting of June 27, 2000, be approved as corrected. Vote resulted:
Yes:
Bruesch, Taylor, Clark, Vasquez, Imperial
No:
None
Absent:
None
Abstain:
None
The Mayor declared said motion duly carried and so ordered.
PRESENTATIONS: None
ORAL COMMUNICATIONS FROM TIIE AUDIENCE - None
II. PUBLIC HEARINGS
An explanation of the procedures for the conduct of the two public hearings was
presented by the City Attorney.
Woo ORDINANCE NO. 810 — AN ORDINANCE EXTENDING ORDINANCE
NO. 804 WHICH IMPOSED A MORATORIUM OF THE ISSUANCE OF
PERMITS ENTITLEMENTS AT SPECIFIED LOCATION ON VALLEY
BOULEVARD AND DECLARING THE URGENCY THEREOF — ADOPT
Frank Tripepi, City Manager, presented the staff report.
The Mayor opened the public hearing for those in the audience wishing to speak on this
item.
Kevin Chuang, 2095 S. Leo Avenue, stated that he is representing Bottlemate, Inc., and
that this warehouse project has had approval from the Planning Commission since September,
1999. Mr. Chuang asked the Council to consider releasing the moratorium to allow his project
to move forward.
There being no one else wishing to speak, the Mayor closed the public hearing.
MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN VASQUEZ
that the Council waive reading in full and adopt Ordinance No. 810. Before vote could result,
more discussion ensued.
Councilman Taylor asked what the status of the moratorium is.
Brad Johnson, Planning Director, responded that the Planning Department is currently
studying the land use in that area and talking with the various architects and developers that are
proposing projects. Mr. Johnson stated that the proposed changes include amending the general
plan and zoning map land use classification from industrial to commercial land use designation
as there are no longer any large parcels along Valley Boulevard.
Councilman Vasquez called for the question.
COAMS -8 -00
Page #2
Vote resulted:
Yes:
Bruesch, Taylor, Clark, Vasquez, Imperial
No:
None
Absent:
None
Abstain:
None
..;17"he Mayor declared said motion duly carried and so ordered.
Councilman Bruesch asked for a staff report on the two properties that were left off of the
moratorium — Walnut Grove and Valley, and Valley and Rosemead.
B. PUBLIC HEARING: RESOLUTION NO. 2000 -43 — A RESOLUTION OF
THE CITY OF ROSEMEAD, CALIFORNIA, FINDING THE CITY TO BE
IN CONFORMANCE WITH THE CONGESTION MANAGEMENT
PROGRAM (CMP) AND ADOPTING THE CMP LOCAL
IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA
GOVERNMENT CODE SECTION 65089
Frank Tripepi, City Manager, presented the staff report.
The Mayor opened the Public hearing for those in the audience wishing to speak. There
being no one wishing to speak, the Mayor closed the Public Hearing.
MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN
VASQUEZ that the Council adopt Resolution No. 2000 -43. Before vote could result, more
discussion ensued.
Councilman Bruesch asked if the City will receive mitigation credits for changing the
shuttle bus routes to accommodate the new senior housing. Mr. Bruesch requested that efforts be
made in urging seniors to use the shuttles and the bus pass program. In conclusion, Mr. Bruesch
requested information on what the TDM Credit Claims represent.
At this time, the question was called for. Vote resulted:
Yes: Bruesch, Taylor, Clark, Vasquez, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
111. LEGISLATIVE
A. RESOLUTION NO. 2000 -42 - CLAIMS AND DEMANDS
The following Resolution was presented to the Council for adoption.
RESOLUTION NO. 2000 -42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF
$167,507.28 NUMBERED 31329 TIIROUGFI 31367
MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN
VASQUEZ that the Council adopt Resolution No. 2000 -42. Vote resulted:
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