Ordinance No. 637 - Establish Mini MallsAp
ORDINANCE NO. 637
FOLLOWS:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD REPEALING ORDINANCE NO. 627 WHICH
IMPOSED A MORATORIUM ON THE ESTABLISHMENT OF
MINI-MALLS IN THE CITY.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
Section 1. The City Council finds, determines and declares:
(a) That on July 14, 1987, the City Council enacted a
moratorium on the establishment of mini-malls in
the City as described in Exhibit "A" hereto, which
is incorporated herein by this reference; and
(b) That on August 25, 1987, the City Council extended
the moratorium; and
(c) That on June 28, 1988, the City /Council again
extended the moratorium; and
(d) That on December 13, 1988, the City Council
• introduced Ordinance No. 635, AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING
MINI-MALL REGULATIONS.
(e) That on January 10, 1989, the City Council adopted
Ordinance No. 635 which will become effective
February 9, 1989.
Section 2. The City Council finds that the moratorium will
no longer be necessary upon the effective date of Ordinance No. 635.
Section 3. Ordinance No. 627, imposing and extending a
temporary moratorium on mini-malls, is hereby repealed effective February
9, 1989, at which time Ordinance No. 635 imposing new regulations for
mini-malls will be effective.
Section 4. The City Clerk shall certify to the adoption of
this Ordinance and shall cause the same to be processed according to law.
PASSED, APPROVED and
ATTEST:
R-88-101:5
24TH,.DAY_.OF.;JANUARY.,, -1989. p -
I hereby certify that the foregoing Ordinance
No. 637 was introduced at a regular meeting of
the City Council of the City of Rosemead held
on the 10th day of January, 1989, and was duly
adopted by said City Council at their regular
meeting held on the 24th day of January, 1989,
by the following vote:
Yes: DeCocker, Taylor, Bruesch, McDonald
No: None
Absent: Imperial
Abstain: None
Qt~ elk-
C Y CLERK
.•,l EXHIBIT "A"
ORDINANCE NO. 627
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD EXTENDING THE
f MORATORIUM CREATED BY -ORDINANCE NOS.
608 AND 611 ON THE ESTABLISHMENT OF MINI
MALLS IN THE CITY OF ROSEMEAD AND
DIRECTING THE PLANNING COMMISSION TO
CONTINUE 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 nos. 608 and 611 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 beimproved
with multiple uses or retail sales, retail services or
restaurants, or a combination of retail or industrial uses and
which are developed into a commercial complex with surface
parking situated on the same property. 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 twelve months thereafter unless
•
earlier terminated. The facts constituting the current and
immediate threat to the public welfare necessitating an urgency
i
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
safety and welfare of the local business community and
health
,
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 Nos. 608 and 611, 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.
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Section 5. The Planning Department and Planning Commission
are directed to continue the 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,2-8,th day of June, 1988.
ATTEST:
/ CITY CLERK
I hereby certify that the foregoing Ordinance No. 627 was duly and regularly
adopted by the City Council of the City of Rosemead at a regular meeting
thereof held on the 28th day of June, 1988, by the following vote:
Yes:
DeCocker,
No:
None
Absent:
None
Abstain:
None
Taylor, Bruesch, McDonald, Imperial
C/ CLERK
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