CC - Item 2A - Ordinance # 804 Extending Ordinance # 802 impossing a Moratorium On The Issuance Of Any Permits Or Entitlements For Specified Locations On Valley Boulevard And Declaring The Urgency ThereofJ
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TO: HONORABLE MAYOR
AND MEMBERS OF
ROSEMEAD CITY COUNCIL
FROM: FRANK G. TRIPEPI, CITY MANAGER
DATE: MAY 9, 2000
SUBJECT: ORDINANCE NO. 804 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD EXTENDING ORDINANCE NO. 802 WHICH IMPOSED A MORATORIUM
ON THE ISSUANCE OF ANY PERMITS OR ENTITLEMENTS FOR SPECIFIED
LOCATIONS ON VALLEY BOULEVARD AND DECLARING THE URGENCY THEREOF
Ordinance No. 804 has been drafted to extend Urgency Ordinance No. 802, which was adopted at
by the Rosemead City Council on March 28, 2000. This urgency ordinance was adopted to allow
staff sufficient time to study four important intersections along Valley Boulevard that are
scheduled for new development activity. Ordinance No. 804 will extend Ordinance 802 for a
period of ninety days.
Staff is recommending that two of the four locations that were originally included in the
moratorium be removed at this time. These two locations include the northwest corner of Valley
and Rosemead Boulevards and the southwest corner of Valley Boulevard and Walnut Grove
Avenue (see attached map). Both of these locations are currently zoned and have a general plan
designation of "commercial ".
City staff will need the additional three months to study the remaining two intersections to
determine if the current general plan designations and zoning designations are the most
appropriate land use categories for these areas. Also development standards for these zones will
be reviewed.
RECOMMENDATION
Staff recommends that the City Council adopt Ordinance No. 804.
Attachments:
1. Ordinance No. 804
2. Map and parcel exhibits
3. Staff Report & Ordinance No. 802, dated March 28, 2000
COUNCIL i " ;GENDA
MAY 0 J 2000
ITEM No. 4 - A .
ORDINANCE NO. 804
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD EXTENDING ORDINANCE
NO. 802 WHICH IMPOSED A MORATORIUM ON THE
ISSUANCE OF ANY PERMITS OR ENTITLEMENTS FOR _
SPECIFIED LOCATIONS ON VALLEY BOULEVARD AND
DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS
FOLLOWS:
SECTION 1. The City Council finds, determines and declares:
(A) On March 28, 2000 the City Council considered and passed Ordinance No. 802
which imposed a 45 -day moratorium on the issuance of any permits or entitlements exceeding
$25,000 for specified properties on Valley Boulevard; and
(B) The City Council wishes to continue Ordinance No. 802 in effect for the properties
specified on Exhibit "A" to this Ordinance, and to allow the moratorium to expire for those other
properties that were specified in Ordinance No. 802 as subject to the moratorium; and
(C) On May 9, 2000 the City Council conducted a duly noticed public hearing regarding
the proposed extension of the moratorium imposed by Ordinance No. 802; and
(D) The City Council has received a report from the city staff that recommends that the
moratorium be continued for an additional ninety days to allow for Planning Department and
Planning Commission review and recommendations to the City Council.
SECTION 2. Ordinance No. 802, duly adopted by the City Council on March 28, 2000,
is hereby extended for an additional ninety day period for those properties specified on Exhibit
"A" hereto.
SECTION 3. The City Council hereby finds that there exists a current and immediate
threat to the public safety, health and welfare should this interim ordinance not be enacted to
extend Ordinance No. 802 in that the lack of current development regulations for such uses is a
current and immediate threat to the public safety, health and welfare, and the approval of permits
for such uses, without public input and proper regulations regarding the siting and development
of such uses would result in a threat to the public safety, health and welfare.
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 be severable from the remainder
and that the remainder be given full force and effect.
PASSED, APPROVED and ADOPTED this 9th day of May, 2000.
ATTEST:
City Clerk
2
Mayor
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EXHIBIT "A" XkL_e�'
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The following geographic areas are subject to the moratorium enacted by
Rosemead City Council Ordinance No. 802:
1. The northeast and southeast corner of Valley and Temple City Boulevards.
a. APN 8577 - 009 -018 through 8577- 009 -031
b. APN 8578 -001 -001 through 8578- 001 -003
2. The southeast corner of Valley Boulevard and Rio Hondo Avenue.
APN 8593- 001 -001 through 8593- 001 - 004/010/014/035 /038/040/046
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TO: HONORABLE MAYOR
AND MEMBERS OF
ROSEMEAD CITY COUNCIL
FROM: FRANK G. TRIPEPI, CITY MANAGER
DATE: MARCH 28, 2000
SUBJECT: URGENCY ORDINANCE NO. 802 — A 45 DAY nIORATORIUII ON THE
ISSUANCE OF USE ENTITLEMENTS AND BUILDING PERJAIITS IN
EXCESS OF $25,000 FOR INTW CONSTRUCTION AT FOUR
INTERSECTIONS ALONG VALLEY BOULEVARD
City staff supports the proposed moratorium and recommends that the City Council adopt this
urgency ordinance for a 45 day period and direct staff to study the land use issues.
RECO.kIMENDATION
Naive reading in full and adopt Ordinance No. 802
COlJMCIL
KIIAR 2 �UOJ
ITEM No. 11L • /—E
MAR 722 -00 WED 16:48
GRC- COPENNAVER, INC,
Memorandum
FAX NO, 9093967913
To:
Frank Tripepi, City Manager
prom
Stephen Copenhaver, President
paw.
March 21, 2000
5ubjeet
Recommended Building Moratorium
P. 02
Our recent efforts in reviewing portions of Valley Boulevard. for
various proposed uses such as a location for a name brand coffee
shop, expansion of an existing dinner house restaurant, a
supermarket anchored shopping center, relocation parcels for
industrial uses and sites for public uses have brought to the
forefront several land use problems in the corridor. Unfortunately,
Valley Boulevard in Rosemead has areas of mixed use parcels,
industrial development, wholesale oriented businesses, older non -
conforming residential development and many examples of
incompatible uses being located in proximity to each other.
The above described conditions, in our opinion, are a disincentive to
investors- seeking business. locations and development sites. The
existing municipal zone designations are very outdated and allow
such a broad range of uses that the City is extremely limited in its
ability to control incompatible uses or to maintain the retail
integrity of prime locations on the Boulevard. Given that Valley
Boulevard is the primary east -west arterial through the City and
the best location for highway and neighborhood oriented retail in
the City, the current municipal planning controls are unable to
provide the protections that investors require and the incentives
required for Rosemead to effectively compete for business with
other cities in the region. Similarly, the City's General Plan does
not adequately address the community's goals for the entirety of
Valley Boulevard.
It is our recommendation that the City prevent further
incompatibilities and lost opportunities and consider adopting a
building moratorium that allows interior building improvements
and minor exterior improvements up to a specified dollar value but
places a moratorium on more extensive building until the City has
MAR -22 -00 WED 16:49 GRC- COPENHAVER, INC, FAX N0, 9093967913 P.03
Recommended Building Moratorium
March 21, 2000
Page 2
the opportunity to review existing regulations and develop new
municipal code provisions required to enhance the subject corridor.
These new code provisions could result in updating current zoning
and development standards or could take the form of a statutory
Specific Plan that designates land use and development standards.
Each new parcel that is improperly developed in a critical section of
Valley Boulevard is multiplying the adverse impacts found today.
Without the proper planning controls to regulate land use and
enforce modern commercial development standards the City cannot
adequately plan for development on Valley Boulevard.
Consequently, we believe that a building moratorium for a limited
period -of time to allow for the review of current and to develop new
land use and development standards -on portions of Valley
Boulevard would prove to be very productive to the long term
viability of the corridor. There are four areas that we are
extremely concerned with that are illustrated on the attached map
labeled Exhibit "A ". It is our recommendation that the City
consider adopting a moratorium on significant new construction in
these areas to permit a thorough study of land use and development
standards.
otfschments:
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SENT 6Y: N'ALLIN KRESS RE SMAN : 3 -21- U :12:30PM i310i 950 -U5U6-
ORDINANCE NO. 802
r ;26 307 921Eu# 21 1;
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ROSEMEAD IMPOSING A 45 -DAY
MORATORIUM ON THE ISSUANCE OF ANY PERMITS OR
OTHER ENTITLEMENTS WITH THE EXCEPTION OF
BUILDING PERMITS VALUED AT $25,000 OR LESS AT
FOUR DESIGNATED AREAS ON VALLEY BOULEVARD
AND DIRECTING THE PLANNING DEPARTMENT TO
INITIATE A STUDY WITH RESPECT TO DEVELOPING
APPROPRIATE ZONING CLASSIFICATIONS AT SUCH
DESIGNATED AREAS
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 the four areas on Valley Boulevard described on Exhibit "A ", attached hereto and
incorporated herein by this reference.
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Section 2. Pursuant to the provisions of Section 65858 of the Government Code of the
State of Catifornia, this is an urgency interim zoning ordinance. This ordinance shalt take effect
imniediately and shall expire forty -five (45) days thereafter unless extended by the City Council
.'SENT L'Y: WALLIN KRESS REISMAN : 3 -21- U :12:30PM i31U1 950 -05(16- 626 307 9215:# 3/ 6
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 Department review of appropriate zoning classifications
for the four areas referenced in Exhibit "A ". A redevelopment plan is scheduled
for consideration by the City Council and Rosemead Redevelopment Agency
within the next sixty (60) days. Pending consideration of the redevelopment plan
for Valley Boulevard, the Council wishes to temporarily suspend permit issuance
and entitlements for the four subject areas. Development, per the proposed
requirements of the redevelopment plan, is critical to the success of the effort to
revitalize Valley Boulevard. The Planning Department needs to review the
existing zoning and general plan designations of the subject areas for
conformance to the recommendations in the redevelopment plan. Development at
the subject areas, without such 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
tlueat to the public welfare.
Section 3. The City Council may grant relief from the provisions of this moratorium
ordinance upon recommendation of the Planning Corrunission, subject to a finding of the
following: —
2
SENT BY: IYALLIN
KRESS REISMAN
: 3 -21- o :12:31PM (310) 950 -0506— 828 30i7
9215:# 9/ 6,
—
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 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 be 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
subject areas 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.
* * * * * * * * **
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SEN7 BY: iVALLIN KRESS REISMAN : 3 -21- U :12:31PM 131U1 950 - 0506- 626 307 9210:# tii 1.
PASSED, APPROVED and ADOPTED this 28th-day of March,
2000.
ATTEST:
City Clerk
Mayor
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EXHIBIT "A"
The following geographic areas are subject to the moratorium enacted by Rosemead City Council
Ordinance No. 802:
1. The northeast and southeast corner of Valley and Temple City Boulevards.
a. APN 8577- 009 -018 through 8577- 009 -031
b. APN 8578- 001 -001 through 8578- 001 -003
2. The northeast corner of Valley and Rosemead Boulevards.
a. APN 5391- 012 -036 through 5391- 012 -039
3. The southeast corner of Valley Boulevard and Rio Hondo Avenue.
a. APN 8593- 001 -001 through 8593- 001 - 004/010/014/035 /038/040/046
4. The southwest corner of Valley Boulevard and Walnut Grove Avenue.
a. APN 5371- 011 -015 through 5371- 011 -017
ORDINANCE NO. 804 — ENTENDIG ORDINANCE NO. 802 WHICH
IMPOSED A MORATORIUM ON THE ISSUANCE OF ANY PERMITS
OR ENTITLEMENTS FOR SPECIFIED LOCATIONS ON VALLEY
BOULEVARD DECLAREDING THE URGENCY THEREOF
The following Ordinance was presented to the Council for adoption:
ORDINANCE NO. 804
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
EXTENDING ORDINANCE NO. 802 WHICH IMPOSED A MORATORIUM
ON THE ISSUANCE OF ANY PERMITS OR ENTITLEMENTS FOR
SPECIFIED LOCATIONS ON VALLEY BOULEVARD AND DECLARING
THE URGENCY THEREOF
Frank Tripepi, City Manager, presented the staff report.
The Mayor opened the Public Hearing for those in the audience wishing to make any
comments on this item. There being no one wishing to speak, the Mayor closed the Public ..
MOTION BY COUNCILMAN IMPERIAL, SECOND BY COUNCILMAN BRUESCH
that the Council adopt Ordinance No. 804. Before vote could result, more discussion ensued.
Councilman Taylor stated that he objected to this item when it was before the Council
last month because of the developer -that was interested in developing the area at Temple City —_
- - -- and- Valley Boulevards. Mr.- Taylor explained that -at that'tirhe he had requested that the
developer come into City Hall the next morning to file an appeal. Mr. Taylor asked if anyone -
came in regarding that property. — -
Mr. Tripepi responded that no one has come into City Hall regarding that property.
— - - Councilman Taylor asked if that area will be changed to a commercial zone? Mr. Taylor
__ -_— explained -that since -the owner or- developer -is not interested in pursuing their project, then that
area would be better suited as a commercial zone.
Councilman Bruesch called for the question. Vote resulted:
Yes: Bruesch, Taylor, Clark, Vasquez, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
B. PUBLIC HEARING REGARDING ADOPTION OF THE PROPOSED
CONSOLIDATED PLAN AND ANNUAL FUNDING PLAN FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME
PROGRAMS
MOTION BY COUNCILMAN IMPERIAL, SECOND BY COUNCILMAN
VASQUEZ that the Council approve the revised funding for the four largest public service
agencies; approve the 2000 -2005 Consolidated Plan and Annual Funding Plan for FY 2000-
2001; authorize the City Manager to execute all appropriate certifications and submit to HUD.
Vote resulted:
Yes: Bruesch, Taylor, Clark, Vasquez, Imperial
No: None
Absent: _ None _
Abstain: None
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