CC - Item 3A - Extension Ordinance 873 Prohibiting Approval of Mixed-Used CommercialROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCI
FROM: JEFF STEWART, INTERIM CITY MANAGER
DATE: APRIL 28, 2009
SUBJECT: EXTENSION OF URGENCY ORDINANCE NO. 873 TO PROHIBIT THE
APPROVAL OF MIXED-USE COMMERCIAL AND RESIDENTIAL
DEVELOPMENTS
SUMMARY
On March 24, 2009, pursuant to Government Code section 65858, the Rosemead City
Council enacted Urgency Interim Ordinance No. 873, which imposed a moratorium on
the approval of applications for land use entitlements for mixed-use
residential/commercial developments for a period of 45 days. During this 45 day
period, staff has begun to study substantial health and safety issues regarding the
inconsistencies between the City's current zoning regulations and recently adopted
General Plan, as they relate to mixed-use development. Due to ongoing concerns, the
limited 45 day period has not provided a sufficient amount of time to address the
potential adverse impacts that such developments may present if left unregulated.
Therefore, such factors warrant the City Council's consideration of the adoption of
Urgency Interim Ordinance 874 to extend Urgency Interim Ordinance No. 873 for a
period of ten (10) months and fifteen (15) days.
Staff Recommendation
Staff recommends that the City Council introduce and conduct the first reading (by title
only) of a City Council Ordinance in Attachment A, and adopt, as an urgency measure
pursuant to California Government Code section 65858 (b) Ordinance No. 874 entitled
"An ordinance of the City Council of the City of Rosemead, California, extending the
Interim Urgency Ordinance adopted by Ordinance 873 prohibiting the approval of
entitlements for mixed-use commercial and residential developments and making
findings in support thereof."
ANALYSIS
Residential/Commercial mixed-use development is now an allowed use in the General
Plan. However, the current Zoning Code does not provide
regulate such developments. Approval of such projects could
health and safety impacts on the community if they are no
development standards.
adequate provisions to
have substantial adverse
t regulated with specific
ITEM NO. *5_4
APPROVED FOR CITY COUNCIL AGENDA:
Council Meeting
28, 2009
a2of3
In the limited time allotted under the initial 45 day Urgency Interim Ordinance, staff has
begun to compile and study the health and safety issues regarding mixed-use
developments in the City of Rosemead.
Staff has identified immediate adverse impacts on health and safety because the
recently amended General Plan permits the construction of residential units in the
mixed-use developments in areas where the existing Zoning Code permits the
establishment of uses with late night hours, 24-hour operations or the operation of
businesses which have late night or early morning deliveries, businesses which serve
alcohol, play music or have outdoor seating. These businesses could include bars,
dance clubs, convenience stores and certain retailers. Furthermore, the General Plan
also permits the construction of residential/commercial mixed-use developments in
areas where the existing Zoning Code allows light manufacturing and industrial uses.
These businesses include, but are not limited to, auto repair facilities, machine shops,
and distribution plants. Staff has found that these uses are inconsistent with residential
uses and are an immediate threat to the safety and health of the residents which would
live above or next to such uses. As further provided in the findings of Ordinance 874,
staff has not found any other means, aside from the extension of the interim Ordinance,
to mitigate these adverse impacts on the health and safety of residents which would live
in the mixed-use developments.
In addition to the staff analysis described above, on April 14, 2009, the City Council
approved the creation of a subcommittee of Council members to work with City staff to
study the zoning regulations and the General Plan to further identify and address the
conflicts that exist regarding such mixed-use developments. While the City has begun
the process of studying and preparing possible changes to the General Plan and/or the
City's zoning code, the process to complete the implementation of such changes,
including possible public hearings before the Planning Commission and the City Council
and orderly adoption of appropriate revisions, will require more time. Given the amount
of time needed to prepare a possible General Plan amendment and/or
residential/commercial mixed-use development standards and/or zoning code
amendments, the City Council should consider the adoption of Urgency Interim
Ordinance 874 to extend Urgency Interim Ordinance 873 for a period of ten (10) months
and fifteen (15) days until March 22, 2010.
LEGAL REVIEW
This staff report has been reviewed and approved by the City Attorney.
City Council Meeting
April 28, 2009
Page 3 of 3
PUBLIC NOTICE PROCESS
This item was posted as a public hearing notice at all public posting locations on April
16, 2009.
Prepared by:
Sheri Bermejo
Principal Planner
Manager
Attachment A: Ordinance No. 874
Attachment B: Ordinance No. 873
ORDINANCE NO. 874
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA, EXTENDING THE INTERIM
URGENCY ORDINANCE ADOPTED BY ORDINANCE 873
PROHIBITING THE APPROVAL OF ENTITLEMENTS FOR
MIXED-USE COMMERCIAL AND RESIDENTIAL
DEVELOPMENTS AND MAKING FINDINGS IN SUPPORT
THEREOF.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, FINDS AS
FOLLOWS:
SECTION 1 FINDINGS.
A. Government Code §65858 authorizes the City Council to adopt and
extend, as an urgency measure, an interim ordinance prohibiting any uses which
may be in conflict with general plan, specific plan and zoning proposals which the
City is considering or studying or intends to study within a reasonable time.
B. The City of Rosemead ("City") recently reviewed and amended its
General Plan, but has not undertaken a similar review of its zoning code in order
to ensure consistency or to adopt standards for mixed use development.
C. The City is concerned with health and safety issues relating to
compatibility between mixed-use developments which have residential uses and
uses permitted under the existing zoning code. The incompatible uses will create
health and safety issues if residential uses permitted under the General Plan are
not reconciled with the City existing zoning regulations.
D. On March 24, 2009, pursuant to Government Code § 65858, the
City Council adopted interim urgency Ordinance No. 873 prohibiting the approval
of mixed-use residential and commercial developments. Such ordinance, by law,
was only effective for 45 days, unless extended following a public hearing.
E. Pursuant to Government Code § 65858, the City Council may,
following a noticed public hearing, extend interim Ordinance No. 873 for an
additional ten (10) months and fifteen (15) days following the conclusion of the
initial 45 days.
F. In order to allow City staff and the City Council the time necessary
to investigate and further study and analyze the current zoning code and the
recently amended General Plan and address the health and safety concerns
relating to the inconsistent uses permitted under each document the City Council
desires to extend Interim Ordinance No. 873.
LA #4947-3464-11 35 % I
EXHIBIT A
G. The factual basis to support the adoption of Ordinance No. 873
continues to apply to this Ordinance.
H. In addition to the facts and findings in Ordinance No. 873,
subsection (c) of §65858 requires that the City's ordinance contain findings that
the approval of developments with multi-family residential uses would have a
specific, adverse impact upon the public health or safety. The substantial
specific adverse impacts in this instance will be on residents in the approved
mixed-use developments who would be living next to or directly above conflicting
uses permitted under the City's existing zoning regulations. These conflicting
and adverse uses include businesses with extended late or early morning hours,
24 hour businesses, businesses which serve alcohol, businesses which play
music, or permit outdoor dining or seating, businesses which have large truck
deliveries or deliveries occurring in the early morning or late night hours.
Additional specific, adverse impacts on health and safety exist because the
General Plan permits the construction of mixed-use developments with
residential uses in areas where the existing zoning code allows light
manufacturing and industrial uses. These business include but are not limited to,
auto repair facilities, machine shops, and distributing plants.
1. This interim ordinance is necessary to avoid the approval of
mixed-use developments with residential uses in locations where the zoning
code permits inconsistent uses with adverse impacts on the health and safety of
the residents living in proposed mixed-use developments. Further, no other
feasible alternatives exist which can prevent the construction of mixed-use
developments in areas where these above described adverse uses are currently
permitted under the zoning code.
J. The City Council finds these facts, in addition to those
discussed in the staff report to the Ordinance satisfy the requirements of
subsection (c) section 65858.
K. Pursuant to the requirements of California Government Code
§65858 (d) a report was drafted, and made available to the public, relative to the
steps taken to alleviate the conditions that necessitated the adoption of
Ordinance No. 873.
L. On April 28, 2009, the City Council conducted a duly notice public
hearing concerning the adoption of this Ordinance.
SECTION 2: INTERIM ORDINANCE. Neither staff, any commission, or the
City Council shall approve any land use entitlement for a residential/commercial
mixed-use project, unless at least one entitlement for such project is already
being processed by the City as of the effective date of this Ordinance, in which
case additional approvals for such project may be issued. As used herein "land
use entitlements" includes any and all licenses, permits or other approvals
LA #4847-3464-1155 v I
required to be issued by the City prior to construction of the project. Nothing in
this ordinance prohibits the processing of applications for land use entitlements.
SECTION 3. 10 DAY REPORT. If the City Council desires to extend this
Ordinance, at least 10 days before this Ordinance expires, the City Council shall
issue a written report describing the measures taken to alleviate the condition
which led to the adoption of this Ordinance.
SECTION 4. SEVERABILITY. The City Council hereby declares that the
provisions of this Ordinance are severable and if for any reason a court of
competent jurisdiction shall hold any sentence, paragraph, or section of this
Ordinance to be invalid, such decision shall not affect the validity of the
remaining parts of this Ordinance.
SECTION 5. URGENCY. This Ordinance is hereby declared to be an urgency
measure within the meaning of Government Code Section 36937 as necessary
for the immediate protection of the public health, safety and welfare. This
Council hereby finds that there is a current and immediate threat to the public
health, safety and welfare. This Ordinance shall go into effect immediately upon
its adoption.
SECTION 6: EFFECTIVE DATE. This interim ordinance shall take effect
immediately upon the expiration of Ordinance No. 873 and shall continue in
effect for 10 months and 15 days from such date, through and including March
22, 2010. This Ordinance shall be of no further force and effect after such date,
unless, after notice pursuant to Government Code Section 65090 and public
hearing, the Rosemead City Council extends this said interim ordinance pursuant
to Government Code Section 65858.
LA #4847-3464-1155 vl
SECTION 7: NOTICE OF ADOPTION. The City Clerk shall certify to the
adoption of this ordinance and shall cause the same to be posted as required by
law.
PASSED, APPROVED AND ADOPTED this day of ,
2009.
Margaret Clark, Mayor
ATTEST:
Gloria Molleda, City Clerk
APPROVED AS TO FORM:
Joseph M. Montes, City Attorney
LA #4847-3464-1155 vI
ORDINANCE NO. 873
AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ROSEMEAD, CALIFORNIA, PROHIBITING
THE APPROVAL OF APPLICATIONS FOR LAND USE
ENTITLEMENTS FOR MIXED-USE COMMERCIAL AND
RESIDENTIAL DEVELOPMENTS.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, FINDS AS
FOLLOWS:
SECTION 1 FINDINGS.
A. Government Code § 65858 authorizes the City Council to adopt, as
an urgency measure, an interim ordinance prohibiting any uses which may be in
conflict with general plan, specific plan and zoning proposals which the City is
considering or studying or intends to study within a reasonable time.
B. The City of Rosemead ("City") recently reviewed and amended its
General Plan, but has not undertaken a similar review of its zoning code in order
to ensure consistency or to adopt standards for mixed use development.
C. The City is concerned with the compatibility, consistency and
aesthetics of mixed use commercial and residential developments within the City.
D. The City has received applications, and it is reasonably foreseeable
that the City will continue to receive development applications, for mixed use
commercial and residential developments, which could affect the compatibility
and aesthetics of the surrounding area and environment if approved prior to
review and possible amendment of the zoning code.
E. In order to allow City staff the time necessary to investigate and
further study and analyze the current zoning code and recently amended General
Plan and how mixed use commercial and residential development projects are
permitted, the City finds that it is necessary to establish an interim zoning
ordinance.
SECTION 2: INTERIM ORDINANCE. Neither staff, any commission, or the
City Council shall approve any land use entitlement for a residential mixed use or
commercial mixed use project, unless at least one entitlement for such project is
already being processed by the City as of the effective date of this Ordinance, in
which case additional approvals for such project may be issued. As used herein
"land use entitlements" includes any and all licenses, permits or other approvals
required to be issued by the City prior to construction of the project. Nothing in
this ordinance prohibits the processing of applications of land use entitlements.
EXHIBIT B
Ordinance to be invalid, such decision shall not affect the validity of the
remaining parts of this Ordinance.
SECTION 4: URGENCY. This Ordinance is hereby declared to be an urgency
measure within the meaning of Government Code Section 36937 as necessary
for the immediate protection of the public health, safety and welfare. This
Council hereby finds that there is a current and immediate threat to the public
health, safety and welfare. This Ordinance shall go into effect immediately upon
its adoption.
SECTION 5: EFFECTIVE DATE. This interim ordinance shall take effect
immediately upon its adoption and shall continue in effect for forty-five (45) days
from the date of its adoption by not less than a four-fifth's vote of the Rosemead
City Council, and shall thereafter be of no further force and effect, unless, after
notice pursuant to Government Code Section 65090 and public hearing, the
Rosemead City Council extends this said interim ordinance pursuant to
Government Code Section 65858.
SECTION 6: NOTICE OF ADOPTION. The City Clerk shall certify to the
adoption of this ordinance and shall cause the same to be posted as required by
law.
PASSED, APPROVED AND ADOPTED this y day of
2009.
' VAX_1 ~ G&_-L
Marga • t Clark , Mayor
ATTEST:
Gloria Molleda, City Cler
ADDDn%/CM AC T!l Ct-NMRA.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that
Ordinance No. 873 was duly and regularly approved and adopted by the Rosemead City
Council on the 24th of March 2009, by the following vote to wit:
Yes: Armenta, Clark, Low, Ly
No: Taylor
Absent: None
Abstain: None
'~'ZACLt'-n a C~\Lv-rl Q,
Gloria Molleda
City Clerk