Ordinance No. 608 - Restricting Mini MallsORDINANCE NO. 608
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD RESTRICTING THE ESTABLISHMENT OF
MINI MALLS IN THE CITY OF ROSEMEAD AND DIRECTING
THE PLANNING COMMISSION TO INITIATE A STUDY WITH
RESPECT TO DEVELOPING APPROPRIATE ZONING
REGULATIONS GOVERNING SUCH USES
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS:
Section 1. While this ordinance remains in effect, no
building permits, business licenses, certificates of
occupancy or other permits authorizing the establishment of
mini malls within the City of Rosemead shall be issued.
Section 2. While this ordinance is in effect, no person,
firm, partnership, corporation, company or organization of
any kind shall commence or construct, or attempt to commence
or construct, any mini malls, or expansion thereof, or to
commence the operation of any above referenced project in
the City of Rosemead. This ordinance shall not apply to any
mini mall project issued a valid Building and Safety
Department permit or plan check receipt or to any mini mall
project reviewed and approved by the City of Rosemead
Planning Commission, as of July 14, 1987.
Section 3. For purposes of this ordinance, "mini mall
• project" shall mean any development with a site area of less
than forty-five thousand (45,000) square feet which is to be
improved with multiple uses or retail sales, retail services
or restaurants, or a combination of retail or industrial
uses, with the structure or structures located within ten
(10) feet of the rear and/or side lot line, and with surface
parking situated between the structure or structures and the
street. Commercial projects devoted to office use
exclusively shall be exempt from this definition.
Section 4. 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 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 Commission review of this subject. The
Council has been aware of problems with mini malls on major
commercial thoroughfares which have a detrimental impact on
surrounding properties with a potential of increasing this
negative impact in the future. Additionally, the City has
reviewed recent submittals for new mini mall developments
which exhibit questionable aesthetic design and for which,
with proliferation of mini mall development, the long-term
economic viability is questionable. Accordingly, there is a
current and immediate threat to the public welfare, and the
approval of subdivisions, rezonings, land use permits,
variances, building permits and business licenses for such
uses would result in a threat to the public welfare.
Section 5. 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:
1. 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 a variance would not be
materially detrimental to the public welfare as defined
above.
• Section 6. 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 is severable from the
remainder and that the remainder be given full force and
effect.
Section 7. Violation of this ordinance is a misdemeanor and
is punishable by a fine of not more than one thousand
dollars ($1,000) or by imprisonment in the County Jail for a
period of not more than six (6) months or by both such fine
and imprisonment. Each day during any portion of which any
violation of any provision of this ordinance is committed,
continued or permitted, constitutes a separate offense.
Section 8. The City Clerk shall certify to the adoption of
• this ordinance.
PASSED. APPROVED and ADOPTED this 14th day of July, 1987.
MAYOR
ATTEST:
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CITY CLERI