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CC - Item 2A - Extending Ordinance # 804 Imposed A moratorium On The Issuance Of Any Permits OrEntitlements For Specified Location On Valley Boulevard And Declaring The Urgency thereofTO: HONORABLE MAYOR AND MEMBERS OF ROSEMEAD CITY COUNCIL TRIPEPI, CITY MAN DATE: August 1, 2000 FROM: DRANK G SUBJECT: ORDINANCE NO. 810 —AN ORDINANCE OF THE CITY COUCIL OF THE CITY OF ROSEMEAD - EXTENDING ORDINANCE NO. 804 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. 810 has been drafted to extend Urgency Ordinance No. 804, which was adopted by the City Council on May 9, 2000. This urgency ordinance was adopted to allow staff sufficient time to study the land use classifications of certain areas along Valley Boulevard. These two areas are generally described as the northeast corner of Temple City and Valley Boulevards and the southeast corner of Rio Hondo Avenue and Valley Boulevard. This moratorium was put in ,place to allow staff time to study the general plan and zoning classifications of the properties and make any appropriate changes. Proposed changes include amending the general plan and zoning map land use classifications from industrial to commercial. City staff recommends that the City Council adopt this urgency ordinance for an additional six -month period to allow planning department staff to.process a City initiated general plan amendment and zone change for the outlined properties. RECOMMENDATION It is recommended that the City Council waive reading in full and adopt Ordinance No. 810 COUNCIL Attachments: L. Ordinance 804 2. Ordinance 802 AUG 0 8 2000 ITEM No. -r • A ORDINANCE NO. 810 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD EXTENDING ORDINANCE NO. 804 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 May 9, 2000 the City Council considered and passed Ordinance No. 804 which , imposed a 90 -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. 804 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. 804 as subject to the moratorium; and (C) On August 8, 2000 the City Council conducted a duly noticed public hearing regarding the proposed extension of the moratorium imposed by Ordinance No. 804; 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. 804, duly adopted by the City Council on May 9, 2000, is hereby extended for an additional one - hundred eighty 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. 804 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. sr * »asr� *sit PASSED, APPROVED and ADOPTED this 8th day of August, 2000. Mayor ATTEST: City Clerk 2 EXHIBIT "A" The following geographic areas are subject to the moratorium enacted by Rosemead City Council Ordinance No. 810: 1. The mortheast corner of Valley and Temple City Boulevards. APN `s: 8577- 009 -(025 through 030) APN's : 8477- 009 -(049, 050, 052, 053) 2. The southeast corner of Valley Boulevard and Rio Hondo Avenue APN's: 8593 -001 -001 through 004 APN's 8593- 001 -(010, 014, 035, 038, 040, 042, 046) 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 A each ments: 1. Ordinance No. 804 2. Map and parcel exhibits 3. Staff Report & Ordinance No. 802, dated March 28, 2000 ;Y V J 20 00 l ITEM ado. 2 -- . � 1 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 recoinnendations 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. Mayor ATTEST: City Clerk 2 _� I �- - - tI r.:o n . ��_ EXHIBIT "A" The following geographic areas are subject to the moratorium enacted by Rosemead City Council Ordinance No. 804: 1. The mortheast corner of Valley and Temple City Boulevards. APN 's: 8577- 009 -(025 through 030) APN's : 8477- 009 -(049, 050, 052, 053) 2. The southeast corner of Valley Boulevard and Rio Hondo Avenue APN's: 8593- 001 -001 through 004 APN's 8593- 001 -(010, 014, 035, 038, 040, 042, 046) TO: HONORABLE MAYOR AND MEMBERS OF ROSEMEAD CITY COUNCIL FROM: FRANK G. TRIPEPI, CITY MANAGER � DATE: MARCH 28, 200D SLBJECT: URGENCY ORDINANCE NO. S02 — A 4S DAY MORATORIUT4 ON THE ISSUANCE OF USE ENTITLEMENTS AND BUILDING PERAIITS ITT EXCESS OF $25,000 FOR NENV 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. RECONINIE- NDATION - Waive reading in full and adopt Ordinance No. 802 (l ' f ;iAR ti �U00 ITEMNr-). MAR 7'22 -00 WED 16 :48 GRC- COPENNAVER, INC. rAH NO. 9093967913 P.02 Memorandum To: Frank `lripepi, City Manager Flom: Stephen Copenhaver, President Da(e: March 21, 2000 Subjeet• Recommended Building Moratorium 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 mired 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 Walley 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 nor 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 allm s interior building improvements and minor exterior improvements up ro a specified dollar value but places a 111oratori11111 OIl more cxterL:J've building until the Ciiy -has MAR -22 -00 WED 16:49 GRC- COPENHAVER, 1140, FAX 140, 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. ollnchmcnL: CC: �EVT E1': K'.dLIIN KRESS REI tiMAN 3 -21- U :1 2-30PM 13101 450-11506- ( c. : ^ '31.17 9211 2 ORDINANCE NO. 802 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 525,000 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 COU OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: Section 1. . Wlule this ordinance remains in effect, no building permits valued at more than 525,000, 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. Section 2. Pursuant to the provisions of Section 65853 of the Goverruuent Code of the State of California, this is an urgency interim zoning ordinance. This ordinance shall take effect immediately and shall expire forty -five (45) days thereafter unless extended by- -the City Council SENT BY: n'ALLIN KRESS REISMAN : 3 -21- 0 :12:30PM (3101 950 -0506- 626 307 921tu# 3/ @l 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 reco(nmendations in the redcvelopment plan. Development at a1c 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 dueat to the public welfare: Section 3. The City Cowicil may grant relief from the provisions of this moratorium _ ordinmice upon recommendation of the Plamning Co(ranission, subject fo a finding of the following: 2 ' SENT IiALLIN KPESS REISMAN : 3 -21- U :12:31PM 13101 950 -05(16- 626 307 9216:# 9; 6 1. The strict application of the provisions of the moratorium to a particular project would result in practicai difficulties unnecessary hardships inconsistent with the general purpose and intent of the moratorium; and 2. That there are exceptional circumstances or conditions applicable to the dcvelopment that do not apply gcnerally 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. S ection 4. If any provision of - this ordinance is held to be unconstitutional, it is the intent of the Citv 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 certiry to the adoption of this Ordinuice. II'ALLIN KREV FEISAfAN : 3 -21- U :19:31PM 13101 950 -0506- 646 307 PASSED, APPROVED and ADOPTED this 28th -day of March, 2000. Mayor ATTEST: City Clerk a - EXHIBIT "A" The following geographic areas are subject to the moratorium enacted by Rosemead City Council Ordinance No. 802: The northeast corner of Valley and Temple City Boulevards APN `s: 8577- 009 -(025 through 030) APN's : 8477- 009 -(049, 050, 052, 053) The southeast corner of Valley Boulevard and Rio Hondo Avenu APN's: 8593- 001 -(001 through 004) APN's 8593 -001 -(010, 014, 035, 038, 040, 042, 046) The northeast corner of Valley and Rosemead Boulevards APN's: 5391- 012 -(036 through 039) The Southwest corner of Valley Boulevard and Walnut Grove Avenu APN's: 5371 - 011 -(015 through 017) D) (D f • t Y '' II� k7fli ..................... ............ (D C3 v D Cl) > I CD Co 0 C D CD > U) , (D Yes: Bruesch, Taylor, Clark, Vasquez, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. APPROVAL OF MINUTES: JUNE 27, 2000 REGULAR MEETING MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCIL IMPERIAL that the Minutes of the Regular Meeting of June 27, 2000, be approved as corrected. Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. PRESENTATIONS: None ORAL COMMUNICATIONS FROM TIIE AUDIENCE - None II. PUBLIC HEARINGS An explanation of the procedures for the conduct of the two public hearings was presented by the City Attorney. Woo ORDINANCE NO. 810 — AN ORDINANCE EXTENDING ORDINANCE NO. 804 WHICH IMPOSED A MORATORIUM OF THE ISSUANCE OF PERMITS ENTITLEMENTS AT SPECIFIED LOCATION ON VALLEY BOULEVARD AND DECLARING THE URGENCY THEREOF — ADOPT Frank Tripepi, City Manager, presented the staff report. The Mayor opened the public hearing for those in the audience wishing to speak on this item. Kevin Chuang, 2095 S. Leo Avenue, stated that he is representing Bottlemate, Inc., and that this warehouse project has had approval from the Planning Commission since September, 1999. Mr. Chuang asked the Council to consider releasing the moratorium to allow his project to move forward. There being no one else wishing to speak, the Mayor closed the public hearing. MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN VASQUEZ that the Council waive reading in full and adopt Ordinance No. 810. Before vote could result, more discussion ensued. Councilman Taylor asked what the status of the moratorium is. Brad Johnson, Planning Director, responded that the Planning Department is currently studying the land use in that area and talking with the various architects and developers that are proposing projects. Mr. Johnson stated that the proposed changes include amending the general plan and zoning map land use classification from industrial to commercial land use designation as there are no longer any large parcels along Valley Boulevard. Councilman Vasquez called for the question. COAMS -8 -00 Page #2 Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, Imperial No: None Absent: None Abstain: None ..;17"he Mayor declared said motion duly carried and so ordered. Councilman Bruesch asked for a staff report on the two properties that were left off of the moratorium — Walnut Grove and Valley, and Valley and Rosemead. B. PUBLIC HEARING: RESOLUTION NO. 2000 -43 — A RESOLUTION OF THE CITY OF ROSEMEAD, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089 Frank Tripepi, City Manager, presented the staff report. The Mayor opened the Public hearing for those in the audience wishing to speak. There being no one wishing to speak, the Mayor closed the Public Hearing. MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN VASQUEZ that the Council adopt Resolution No. 2000 -43. Before vote could result, more discussion ensued. Councilman Bruesch asked if the City will receive mitigation credits for changing the shuttle bus routes to accommodate the new senior housing. Mr. Bruesch requested that efforts be made in urging seniors to use the shuttles and the bus pass program. In conclusion, Mr. Bruesch requested information on what the TDM Credit Claims represent. At this time, the question was called for. Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. 111. LEGISLATIVE A. RESOLUTION NO. 2000 -42 - CLAIMS AND DEMANDS The following Resolution was presented to the Council for adoption. RESOLUTION NO. 2000 -42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ALLOWING CERTAIN CLAIMS AND DEMANDS IN THE SUM OF $167,507.28 NUMBERED 31329 TIIROUGFI 31367 MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN VASQUEZ that the Council adopt Resolution No. 2000 -42. Vote resulted: CC%HN 8 -8 -00 Page 113