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CC - Item 3A - Extension Ordinance 873 Prohibiting Approval of Mixed-Used CommercialROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCI FROM: JEFF STEWART, INTERIM CITY MANAGER DATE: APRIL 28, 2009 SUBJECT: EXTENSION OF URGENCY ORDINANCE NO. 873 TO PROHIBIT THE APPROVAL OF MIXED-USE COMMERCIAL AND RESIDENTIAL DEVELOPMENTS SUMMARY On March 24, 2009, pursuant to Government Code section 65858, the Rosemead City Council enacted Urgency Interim Ordinance No. 873, which imposed a moratorium on the approval of applications for land use entitlements for mixed-use residential/commercial developments for a period of 45 days. During this 45 day period, staff has begun to study substantial health and safety issues regarding the inconsistencies between the City's current zoning regulations and recently adopted General Plan, as they relate to mixed-use development. Due to ongoing concerns, the limited 45 day period has not provided a sufficient amount of time to address the potential adverse impacts that such developments may present if left unregulated. Therefore, such factors warrant the City Council's consideration of the adoption of Urgency Interim Ordinance 874 to extend Urgency Interim Ordinance No. 873 for a period of ten (10) months and fifteen (15) 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. 874 entitled "An ordinance of the City Council of the City of Rosemead, California, extending the Interim Urgency Ordinance adopted by Ordinance 873 prohibiting the approval of entitlements for mixed-use commercial and residential developments and making findings in support thereof." ANALYSIS Residential/Commercial mixed-use development is now an allowed use in the General Plan. However, the current Zoning Code does not provide regulate such developments. Approval of such projects could health and safety impacts on the community if they are no development standards. adequate provisions to have substantial adverse t regulated with specific ITEM NO. *5_4 APPROVED FOR CITY COUNCIL AGENDA: Council Meeting 28, 2009 a2of3 In the limited time allotted under the initial 45 day Urgency Interim Ordinance, staff has begun to compile and study the health and safety issues regarding mixed-use developments in the City of Rosemead. Staff has identified immediate adverse impacts on health and safety because the recently amended General Plan permits the construction of residential units in the mixed-use developments in areas where the existing Zoning Code permits the establishment of uses with late night hours, 24-hour operations or the operation of businesses which have late night or early morning deliveries, businesses which serve alcohol, play music or have outdoor seating. These businesses could include bars, dance clubs, convenience stores and certain retailers. Furthermore, the General Plan also permits the construction of residential/commercial mixed-use developments in areas where the existing Zoning Code allows light manufacturing and industrial uses. These businesses include, but are not limited to, auto repair facilities, machine shops, and distribution plants. Staff has found that these uses are inconsistent with residential uses and are an immediate threat to the safety and health of the residents which would live above or next to such uses. As further provided in the findings of Ordinance 874, staff has not found any other means, aside from the extension of the interim Ordinance, to mitigate these adverse impacts on the health and safety of residents which would live in the mixed-use developments. In addition to the staff analysis described above, on April 14, 2009, the City Council approved the creation of a subcommittee of Council members to work with City staff to study the zoning regulations and the General Plan to further identify and address the conflicts that exist regarding such mixed-use developments. While the City has begun the process of studying and preparing possible changes to the General Plan and/or the City's zoning code, the process to complete the implementation of such changes, including possible public hearings before the Planning Commission and the City Council and orderly adoption of appropriate revisions, will require more time. Given the amount of time needed to prepare a possible General Plan amendment and/or residential/commercial mixed-use development standards and/or zoning code amendments, the City Council should consider the adoption of Urgency Interim Ordinance 874 to extend Urgency Interim Ordinance 873 for a period of ten (10) months and fifteen (15) days until March 22, 2010. LEGAL REVIEW This staff report has been reviewed and approved by the City Attorney. City Council Meeting April 28, 2009 Page 3 of 3 PUBLIC NOTICE PROCESS This item was posted as a public hearing notice at all public posting locations on April 16, 2009. Prepared by: Sheri Bermejo Principal Planner Manager Attachment A: Ordinance No. 874 Attachment B: Ordinance No. 873 ORDINANCE NO. 874 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, EXTENDING THE INTERIM URGENCY ORDINANCE ADOPTED BY ORDINANCE 873 PROHIBITING THE APPROVAL OF ENTITLEMENTS FOR MIXED-USE COMMERCIAL AND RESIDENTIAL DEVELOPMENTS AND MAKING FINDINGS IN SUPPORT THEREOF. 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 and extend, 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 health and safety issues relating to compatibility between mixed-use developments which have residential uses and uses permitted under the existing zoning code. The incompatible uses will create health and safety issues if residential uses permitted under the General Plan are not reconciled with the City existing zoning regulations. D. On March 24, 2009, pursuant to Government Code § 65858, the City Council adopted interim urgency Ordinance No. 873 prohibiting the approval of mixed-use residential and commercial developments. Such ordinance, by law, was only effective for 45 days, unless extended following a public hearing. E. Pursuant to Government Code § 65858, the City Council may, following a noticed public hearing, extend interim Ordinance No. 873 for an additional ten (10) months and fifteen (15) days following the conclusion of the initial 45 days. F. In order to allow City staff and the City Council the time necessary to investigate and further study and analyze the current zoning code and the recently amended General Plan and address the health and safety concerns relating to the inconsistent uses permitted under each document the City Council desires to extend Interim Ordinance No. 873. LA #4947-3464-11 35 % I EXHIBIT A G. The factual basis to support the adoption of Ordinance No. 873 continues to apply to this Ordinance. H. In addition to the facts and findings in Ordinance No. 873, subsection (c) of §65858 requires that the City's ordinance contain findings that the approval of developments with multi-family residential uses would have a specific, adverse impact upon the public health or safety. The substantial specific adverse impacts in this instance will be on residents in the approved mixed-use developments who would be living next to or directly above conflicting uses permitted under the City's existing zoning regulations. These conflicting and adverse uses include businesses with extended late or early morning hours, 24 hour businesses, businesses which serve alcohol, businesses which play music, or permit outdoor dining or seating, businesses which have large truck deliveries or deliveries occurring in the early morning or late night hours. Additional specific, adverse impacts on health and safety exist because the General Plan permits the construction of mixed-use developments with residential uses in areas where the existing zoning code allows light manufacturing and industrial uses. These business include but are not limited to, auto repair facilities, machine shops, and distributing plants. 1. This interim ordinance is necessary to avoid the approval of mixed-use developments with residential uses in locations where the zoning code permits inconsistent uses with adverse impacts on the health and safety of the residents living in proposed mixed-use developments. Further, no other feasible alternatives exist which can prevent the construction of mixed-use developments in areas where these above described adverse uses are currently permitted under the zoning code. J. The City Council finds these facts, in addition to those discussed in the staff report to the Ordinance satisfy the requirements of subsection (c) section 65858. K. Pursuant to the requirements of California Government Code §65858 (d) a report was drafted, and made available to the public, relative to the steps taken to alleviate the conditions that necessitated the adoption of Ordinance No. 873. L. On April 28, 2009, the City Council conducted a duly notice public hearing concerning the adoption of this Ordinance. SECTION 2: INTERIM ORDINANCE. Neither staff, any commission, or the City Council shall approve any land use entitlement for a residential/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 LA #4847-3464-1155 v I required to be issued by the City prior to construction of the project. Nothing in this ordinance prohibits the processing of applications for land use entitlements. SECTION 3. 10 DAY REPORT. If the City Council desires to extend this Ordinance, at least 10 days before this Ordinance expires, the City Council shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of this Ordinance. SECTION 4. 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 5. 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 6: EFFECTIVE DATE. This interim ordinance shall take effect immediately upon the expiration of Ordinance No. 873 and shall continue in effect for 10 months and 15 days from such date, through and including March 22, 2010. This Ordinance shall be of no further force and effect after such date, 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. LA #4847-3464-1155 vl SECTION 7: 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. Margaret Clark, Mayor ATTEST: Gloria Molleda, City Clerk APPROVED AS TO FORM: Joseph M. Montes, City Attorney LA #4847-3464-1155 vI 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. EXHIBIT B 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 y day of 2009. ' VAX_1 ~ G&_-L Marga • t Clark , Mayor ATTEST: Gloria Molleda, City Cler ADDDn%/CM AC T!l Ct-NMRA. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) I, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that Ordinance No. 873 was duly and regularly approved and adopted by the Rosemead City Council on the 24th of March 2009, by the following vote to wit: Yes: Armenta, Clark, Low, Ly No: Taylor Absent: None Abstain: None '~'ZACLt'-n a C~\Lv-rl Q, Gloria Molleda City Clerk