Pass: 6,776 / 55.45% Yes votes ...... 5,445 / 44.55% No votes

See Also: Index of all Measures

Impartial Analysis from RICHARD L. ADAMS II City Attorney

Ordinance 2174, which is the subject of the referendum, was passed by the City Council to amend the Amended Redevelopment Plan for Downtown Revitalization Redevelopment Project No. 1 (“Plan”) to clarify an ambiguity in the Plan. The Plan was originally amended and adopted on November 3, 1976. The purpose of the Plan amendment is to clarify that commercial and residential uses, which are part of a mixed-use development, are permitted within the project area.

The ambiguity exists due to the fact that Section V.B of the Plan designates certain uses that are allowed in the Plan Area as follows: “...persons other than governmental agencies will be permitted to develop and use property within the Project Area only for retail commercial sales uses, commercial service facilities, professional office facilities, and religious facilities as they exist.” Absent from this designation are residential uses in any form. However, in Section V.D of the Plan there is a provision that states as follows: “The provisions of the Zoning Ordinance of the City of South Pasadena as they now exist, or may hereafter be amended, shall specifically apply to the property within the Project Area.” Subsequent to the adoption of the Plan, the Zoning Code was amended and the Zoning Code now allows mixed-use residential in the Project Area, subject to a conditional use permit. Therefore, the question becomes, are residential uses consistent with the Plan, since the Zoning Code allows mixed-use residential?

Ordinance 2174, which is the subject of Measure SP, resolves the ambiguity by amending the Plan with the following language: “Commercial uses and residential uses, which are part of a mixed-use development, are permitted in the Project Area to the extent allowed by the provisions of the City of South Pasadena General Plan and Zoning Ordinance, as they now exist and may hereafter be amended.” Therefore, if Measure SP is passed, the ambiguity will be clarified and mixed-use residential will be allowed in the Project Area. If Measure SP is not passed, the ambiguity will remain and it is unclear what impact, if any, the lack of this clarifying amendment will have on mixed-use residential projects developed within the Project Area. This is due to the fact that the Redevelopment Plan provides that the Zoning Code as “amended, shall specifically apply to the property within the project area.” Therefore, an interpretation of this provision can be made that since residential use is currently allowed in the Zoning Code such use is consistent with the Redevelopment Plan. However, as long as there is an ambiguity in the Redevelopment Plan there is the possibility of litigation to resolve the ambiguity.

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City of South Pasadena