CC - Item 4A - Interim Urgency Ordinance No. 873ROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: OLIVER CHI, CITY MANAGER 6L&L-Ge^1
DATE: MARCH 24, 2009
SUBJECT: INTERIM URGENCY ORDINANCE NO. 873 TO PROHIBIT THE APPROVAL
OF RESIDENTIAL/COMMERCIAL MIXED USE PROJECTS
SUMMARY
Recently, it was requested that staff explore the possibility of drafting an interim urgency
ordinance prohibiting the approval of residential/commercial mixed-use projects for City Council
consideration.
As the City Council may recall, an updated General Plan was approved on October 14, 2008
that changed the land use designations along the major arterials in Rosemead to allow for
mixed-use residential/commercial development. Although the updated General Plan currently
allows for high density residential mixed-use development, the City's current Zoning Code does
not adequately address appropriate development standards for these types of projects.
Developing such standards is a time consuming process and involves input from the City
Council, the Planning Commission, and the community.
Such a factor warrants City Council consideration of an interim urgency ordinance which would
prohibit the approval of residential/commercial mixed-use projects that have not already
received a land use entitlement from the City. Approval of Ordinance No. 873 (Attachment A)
by a four-fifths vote would prohibit approval of any entitlements for mixed-use projects for a
period of 45-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. 873 entitled "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."
ANALYSIS
Commercial/residential mixed-use development is now an allowable use in the general plan. In
order to be able to process these types of projects, the zoning code must be updated to include
appropriate development standards. Approval of projects under the current zoning could have a
negative impact on surrounding areas and could result in inconsistencies with the general plan.
It is anticipated that this process could take several months.
ITEM NO.
APPROVED FOR CITY COUNCIL AGENDA: 0
City Council Meeting
March 24, 2009
Page 2 of 2
The City Council may elect to temporarily prevent the approval of future mixed-use projects
while the zoning code is reviewed and the potential new development standards are being
prepared through the adoption of an interim urgency ordinance pursuant to Government Code
section 65858(b), which allows for such adoption after notice and an opportunity for the public to
be heard on the matter. Government Code § 65858(b) states that, with a four-fifths vote, the
City Council may enact an interim ordinance which would establish a limit on any applications or
issuance of any entitlements for mixed-use projects under the Act for a period of 45-days.
Normally, Government Code § 65858(b) also allows for the ordinance to be extended, following
public hearing, for up to an additional 22 months and 15 days. However, it should be noted that
recent amendments in the law relating to interim ordinances which result in prohibiting the
development of multi-family housing will prevent the City from being able to extend the interim
ordinance unless it is able to establish that there will be a specific, adverse impact upon the
public health or safety. Under state law, a "specific, adverse impact" means a significant,
quantifiable, direct, and unavoidable impact, based on objective, identified written public health
or safety standards, policies, or conditions as they existed at the time the City adopted the
interim ordinance. The City must also be able to make findings that the interim ordinance is
necessary to mitigate or avoid the specific, adverse impact identified as just described. Lastly,
the City must be able to find that there is no feasible alternative to satisfactorily mitigate or avoid
the specific, adverse impact as well or better, with a less burdensome or restrictive effect, than
the adoption of the proposed interim ordinance.
At this time, staff has not found any objective, identified written public health or safety
standards, policies, or conditions which can be cited to in support of an extension of the interim
ordinance. Staff will continue exploring whether there are such standards or written policies. If
none can be found an extension as to residential mixed use projects would not be authorized
under State law.
LEGAL REVIEW
This staff report has been reviewed and approved by the City Attorney.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Manager
Attachment A - Interim Urgency Ordinance No. 873
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.
SECTION 3: 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 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 day of
2009.
, Mayor
ATTEST:
Gloria Molleda, City Clerk
APPROVED AS TO FORM:
Joseph M. Montes, City Attorney