CC - Item 5D - Subcommittee to Discuss Mixed UseROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCI
FROM: JEFF STEWART, INTERIM CITY MANAGER
DATE: APRIL 14, 2009
SUBJECT: APPOINTMENT OF A CITY COUNCIL SUBCOMMITTEE TO DISCUSS MIXED-
USE GUIDELINES
SUMMARY
On March 24, 2009, the City Council adopted urgency Ordinance No. 873 (Attachment A)
prohibiting the approval of applications for land use entitlements for mixed-use commercial and
residential developments for a period of 45 days. (That Ordinance will expire by its terms on
May 8, 2009.) Mayor Clark has requested that afollow-up item be agendized to further discuss
the direction of the City Council with regard to all future mixed-use development projects and
projects that are currently in the development process but have not yet received an entitlement.
While there are several options available to the City Council to address future mixed-use
development in Rosemead, at this time, the City Council may want to consider appointing a sub-
committee consisting of two (2) City Council members and staff to discuss these options and
make recommendations to the full City Council. They include, but are not limited to the
following:
1. Amend the Land Use Element of the General Plan to prohibit residential/commercial
mixed-use development in the City;
2. Amend the Land Use Element of the General Plan to allow for residential/commercial
mixed-use development in certain areas of the City and authorize staff to prepare
mixed-use development standards;
3. Leave the current Land Use Element of the General Plan as is and authorize staff to
prepare mixed-use development standards.
It should be noted that that if the City Council elects to amend the General Plan to either prohibit
residential/commercial mixed-use development or allow for it in certain areas in the City, the
General Plan amendment process will take several months and may require the expertise of an
outside consultant to prepare the amendment and a detailed environmental analysis pursuant to
the California Environmental Quality Act (CEQA). It is estimated that an amendment to the
Land Use element (but not including the development of mixed-use development standards) will
cost approximately $35,000 (including any required environmental analysis).
Staff Recommendation
Staff is requesting that the City Council provide further direction related to processing all current
and future residential/commercial mixed-use projects.
'~~'EIVI N®. ~_
APPROVED FOR CITY COUNCIL AGENDA:
Ciry Council Meeting
April 14, 2009
Page 2 of 2
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.
Submit
Bri n S eki
Assistant City 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 ahy 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 afour-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