CC - Item 5A - Councilmember Request Urgency Ordinance Moratorium Building Permits•
TO: HONORABLE MAYOR
AND MEMBERS
ROSE ME CITY COUNCIL
FROM: BILL OWE, CITY MANAGER
DATE: APRIL 5, 2005
•
RE: COUNCILMEMBER REQUEST FOR URGENCY ORDINANCE
IMPOSING MORATORIUM ON ISSUANCE OF BUILDING PERMITS
AND OTHER ENTITLEMENTS ON PARCEL 2 OF PARCEL MAP 7577
(WAL-MART REAL ESTATE BUSINESS TRUST DEVELOPMENT)
At the request of Councilman John Tran, this item has been placed on the City Council
agenda for discussion and possible action. Attached is a copy of a draft urgency
ordinance, prepared by the City Attorney, which would impose a moratorium on the
issuance of building permits or other entitlements for Parcel 2 of Parcel Map 7577
(Wal-Mart Real Estate Business Trust).
If approved, this ordinance would take effect immediately and expire forty-five days
thereafter, unless extended by the City Council after notice and public hearing.
Additionally, the ordinance would direct the Planning Department to initiate a study
with respect to developing an appropriate land use classification for the parcel.
As this is an urgency interim zoning ordinance it requires a four-fifths vote of the City
Council for passage.
COUNCIL
APR 12 2005
ITEM No
•
ORDINANCE NO.
•
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD IMPOSING A 45-DAY MORATORIUM
ON THE ISSUANCE OF BUILDING PERMITS OR OTHER
ENTITLEMENTS FOR PARCEL 2 OF PARCEL MAP 7577 IN THE
CITY OF ROSEMEAD AND DIRECTING THE PLANNING DEPARTMENT
TO INITIATE A STUDY WITH RESPECT TO DEVELOPING AN
APPROPRIATE LAND USE CLASSIFICATION FOR SAID PARCEL
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS:
Section 1. While this ordinance remains in effect no building permits valued at more
than $25,000, design reviews, subdivisions or other entitlements shall be accepted for filing or
processed for Parcel 2 of Parcel Map 7577 (the "Parcel"), which said Parcel is shown on Exhibit
"A", attached hereto and incorporated herein by this reference.
Section 2. Pursuant to the provisions of Section 65858 of the Government Code of the
State of California, this is an urgency interim coning 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
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of the local business community and residents of the community pending
completion of a Planning Department review of appropriate General Plan land use
and Zoning Code classifications for the Parcel. By Resolution 2004-37, the City
Council approved, over strong neighborhood opposition, a General Plan
Amendment changing the land use designation of the Parcel from Office/Light
Industrial to Commercial. The City Council now wishes to re-examine whether a
commercial land use is appropriate for the Parcel, and to consider as alternatives a
Residential or light Office/Light Industrial classification. Pending completion of
the study by the Planning Department the Council wishes to temporarily suspend
permit issuance and entitlements for the Parcel. Without such a suspension, a
retail commercial development will be constructed and that use would
substantially interfere with the tranquility or the adjacent residential
neighborhood. Such development prior to 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 threat to the public welfare.
Section 3. 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:
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
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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 an exception would not be materially detrimental to
the public welfare as defined above.
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 he 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
Parcel and to make recommendations it deems necessary regarding zoning and general plan land
use classification.
Section 6. The City Clerk shall certify to the adoption of this Ordinance.
PASSED, APPROVED and ADOPTED by a vote of not less than four-fifths of the City Council
this day of April, 2005
ATTEST:
Mayor
City Clerk
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EXHIBIT "A"
S.C.E. CO. PROPERTY
CITY OF ROSEMEAD COUNTY OF LOS ANGELES
ix'kl IL!;, Ff}ISON
DATE: 01 /31 /01 File Name: 2000reo 13612.DWC