Ordinance No. 611 - Establishing Mini MallsORDINANCE NO. 611
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD EXTENDING THE
MORATORIUM CREATED BY ORDINANCE NO. 608
ON 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 extension of ordinance no. 608 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 ten months and fifteen 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.
Since adoption of Ordinance No. 608, the Planning Department has
initiated a review of the existing municipal codes which regulate
mini-malls, but has not had adequate time to bring the matter to
the Planning Commission:-
Section 5. The Planning Department and Planning Commission
are directed to conduct a study of the appropriate zoning
regulations for mini malls.
Section 6. 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 7. 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 8. 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 9. The City Clerk shall certify to the adoption of
this ordinance.
PASSED. APPROVED and ADOPTED this 25th day of August, 1987.
MAYOR
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