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HomeMy Public PortalAbout11) 8A Adoption of Urgency Ordinance No 20-1039U to Extend the Moratorium Prohibiting Public Market Uses and SubdivisionAGENDA ITEM 8.A. COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: February 18 , 2020 TO: T he Honorable City Council FROM: Bryan Cook, City Manager By : Scott Reimers , Interim Community Development Director SUBJECT: ADOPTION OF URGENCY ORDINANCE NO. 20 -1039U TO EXTEND THE MORATORIUM , PROHIBITING WITHIN THE MU-C ZONE PUBLIC MARKET USES AND THE SUBDIVISION OF PARCELS AND TENANT SPACES, FOR 10 MONTHS AND 15 DAYS RECOMMENDATION: The City Council is requested to introduce , read by title , waive further reading , and adopt Urgency Ordinance No . 20-1039 U (Attachment "A ") extending t he moratorium prohibiting within the MU-C zo ne public market uses and the subdivision of parcels and tenant spaces for 10 months and 15 days . BACKGROUND: 1. On December 5, 2017 , the City Council adopted Ordina nce 17-1029 adopting the Crossroads Specific Plan ("CSP"). The CSP was based on a multi-year commu nity outreach effort with existing property owners with in the CSP and community members to envision an area that fun ctio ned as a cohesive, active , vital , mixed- use area where community members could l ive , work , recreate , and shop . 2. On J anuary 7 , 2020 , the City Counci l adopted U rgency Ord in ance 20-1 038 U which enacted a 45 -day moratorium within the MU-C zo ne o n public market uses and the subdivision of parcels and tenant spaces . 3 . On February 6 , 2020 , a notice of pub lic hearing to extend the moratori um was published with the Temple City Tribun e . ,-------------~---- City Council February 18 , 2020 Page 2 of 4 ANALYSIS: Th e CSP is a regu latory land use document that provides a vis ion , goals, objectives , policies , and implementation meas ures to create a neighborhood with : • A diversity of hous ing options ; • A unique mix of reta il shops , services , restaurants , and entertainment; • Open spaces ; • Infrastructure for multiple modes of transportation ; and • Connections with the Eaton Wash. Th e area is intended to be a source of com mun ity pride ; a place where residents bring visiting family and fri e nd s , meet ne ighbors , and e nj oy the quality of l ife Temple City has to offer. To ach ieve this v1s1on the Genera l Plan focused growth away from single-fam ily residential ne ighbo rhood s and toward the CSP . In turn, the CSP focused growth in the MU-C zone which is particularly well suited for growth as it co nta ins low-density development, is buffered from si ngl e-family zones , and conta i ns a grouping of large parcels . Goal "LU 14" states , "Goa l LU 14 : Mixed Use Districts . Well-designed and co h esive districts and corridors con taining an integrated mix of residenti a l with c ommercial and/or office uses that crea te vibrant and safe pe destrian-act ive e nvironments in Temple City , reducing automobil e use , pollution , and greenhouse gas emiss ions " (emphasis added). It is much easi e r to create cohes ive and i ntegrated development w ithin one large parcel a nd amongst a group of larg e parce ls . One hindran ce to this goal , however, is that the CSP does not address minimum parcel a nd tenant sizes . The s ubd ivis ion of existin g lots and tenant spaces c ou ld pos e a t h reat to meeting the CSP objectives of creating an integrated and cohes ive mixed-use district. In addition , smaller parcels and tenant spa ces make m ixe d -use development less financially feasible a nd can create practical hurdles to a s uccessful development. Additionally, there is a new trend in th e market gaining popularity in which larger commercia l spaces are subd ivided to crea te a c reati ve , fun , experienc e -foc used destination that combin es reta il, food , and entertainment/experience-based busi nesses operating in small b ooth -li ke spaces . Examples of such a use include : • Indiana Colony at 59 East Colorado Boulevard in Pa sadena ; • Steelcraft at 3768 Long Beach Boulevard in Long Beach ; and • Grand Ce ntral Market at 3 17 So uth Broadway in Los Angeles . This "p ubli c market" concept usually in c ludes a va ri ety of owner-operated shops , stal ls , or booths , each with its own spec ialty . Un fortu nate ly , ne ith e r the Municipal Code nor the CSP defines or regulates th is type of public market use and there is no comprehens ive set of regulatio ns for the creation of non -residential tenant spaces w ith in larger commercial spaces . If regulations are not created , it may inhibit the CSP 's obj ect iv e s . City Council February 18 , 2020 Page 3 of 4 California Government Code Section 65858 allows a city to adopt an urgency ordinance to establish a moratorium on development that may be inconsistent with zoning regulations being contemplated by the city . The urgency ordinance lasts for 45 days , and therefore , Urgency Ordinance No. 20-1 038U is set to expire on February 21 , 2020 . However, if a jurisdiction prov ides notice pursuant to Section 65090 and holds a public hearing , it can extend a moratorium for an additional 10 months and 15 days. An additional extension can be adopted for another year . The total time period for a moratorium cannot exceed two years . Any extension also requires a four-fifths vote for adoption . If extended , the moratorium would continue to apply to the following actions : • The subdivision of any parcel within the MU -C zone ; • The creation of new, non-residential tenant spaces within existing retail uses within the MU-C district ; and • The use or conversion of existing spaces for public market uses within the MU -C zone . The moratorium would not apply to subdivisions for the purpose of developing a mixed - use project as these projects would clearly meet the objectives of the CSP . To ensure that actions are not taken that are inconsistent or contrary to the goals and policies of the CSP staff recommends that the City Council extend the moratorium by adopting Urgency Ordinance 20-1 039U , which extends the expiration date of the current moratorium for 1 0 months and 15 days . This should provide enough time to prepare regulations for the Planning Commission and City Council consideration . The Planning staff will continue to use the time under the moratorium to explore how other cities have handled these issues and , if possible, to create draft regulations regarding the subdivision of land and tenant spaces within the MU-C zone of the CSP that assist in supporting the CSP's objectives . This may include minimum sizes for lot and tenant space subdivisions and developing a definition and regulations for public market uses . To date , city staffs research has focused on the issue of commercial tenant subd iv isions . Staff has contacted cities throughout the San Gabriel Valley . Cities d irectly surrounding Temple City tend to have a minimum unit s ize , ranging from 800 to 1,000 square feet. Cities , such as San Dimas and Glendora, that do not have a h istory of indoor swap meets and the subdivision of commercial spaces into small units tend not to have such limitations . Some cities require multi-tenant commercial structures to apply for a conditional use permit. One city requires an anchor tenant to take up a certain percentage of the existing retail space that is proposed for subdivision . Staff will need additional time to continue its research on the issues involved in the morato rium and plan to continue such research over the next few months. City Council February 18 , 2020 Page 4 of 4 STRATEGIC GOALS: The moratorium furthers the City Stra tegic Goals of Good Governance , Public Health and Safety , and Quality of Life . The moratorium is necessary to protect t he public health , safety, and welfa re until s uch time th at the City Counci l considers and adopts co mprehens ive an d permanent reg ul ation s . FISCAL IMPACT : Adopting the proposed urgency ordinance would not have any impact on the Fiscal Year 2019-20 City Budget. ATTACHMENT: A. Urgency Ordi nance No . 20 -1 039 U ATTACHMENT A ORDINANCE NO. 20 -1 039U AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, EXTENDING THE MORATORIUM ON THE SUBDIVISION OF ANY PARCEL WITHIN THE MU-C DISTRICT, THE SUBDIVISION OF EXISTING BUILDINGS INTO NON-RESIDENTIAL TENANT SPACES , AND THE CONVERSION OF EXISTING SPACES TO, OR THE CREATION OF , NEW PUBLIC MARKET USES , FOR A PERIOD OF 10 MONTHS AND 15 DAYS The City Counc il of th e Ci t y of Temple City ordains as follows : SECTION 1. Fi ndings . The City Cou ncil f i nd s as foll ows: A. Pursuant to Government Code sections 36937 and 65858, the City Co uncil of the City of Temple City ("City") ha s adopted Ordinance No . 20-1 038 U as an urg ency measure to establish a moratorium on pub l ic ma rket uses and the subdivision of tenant spaces and parcels within the Crossroads Specific Plans ' MU -C District (the "Int erim Ordinance"). Th e Interim Ordinance , by law , is effective for only 45 days from the adoption date of January 7, 2020 and is therefore set to expire on February 2 1, 2020 . B . Since th en , th e City has begun its studies on land use regulat ions related t o public ma rkets , su bdivis ions of tenant spaces , and subdivisions of parce ls , and has begun outreach to various stakeho ld ers within the MU -C District. C . Pursuant to Government Code section 658 58 (d), the City ha s issued a report relative to the steps taken to alleviate the conditions t hat necessita t ed th e adoption of the Interim Ordinance , which report is incorporated by th is refere nce . D . However, furt her time is ne cess ary for furth er stud ies, reports , and cons ideration of a co mprehensive o rd inance and /or specific plan amendment, addressing regulation of suc h uses . E . Pursuant to Government Code sectio n 658 58 , th e City may , after notice and a pub li c hearing , ex ten d th e In terim Ordi nan ce fo r an additional 10 months and 15 days. F . Fa ilu re to ex tend this morat oriu m would impair t he orde rly and effective implementation of contemplated amendments to the Cross ro ads Spec ifi c Pla n and t h e municipal code . G. The C ity Council furt her finds that extensio n of this morato riu m is a matter of lo cal and City -wide importan ce and is not directed towards any particular perso n or entity . SECTION 2. Env iro nmental Review . The Ci ty Co uncil finds that this ordinance is not subject to the Ca lifornia Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not res ult in a direct or reasonably foreseeab le i ndirect physical change in the environment) and 15060(c)(3) (t he activity is not a project as defin ed in Section 15378) of the CEQA Guidelines , California Code of Regulations , Title 14 , Chapter 3, b ecause it has no potential for res ulting in physical c hang e to the envi ronment , direct ly or indirectly ; rather it prevents changes in the environment pending the comp letion of the con t emplated specific plan or municipal code review. SECTION 3. Extension of Moratorium . The re c itals , text , moratorium and findings made in Urgency Ordinance No . 20-1 038U are reaffirmed , readopted and incorporated into this ordinance by reference . In accordance with Government Code section 65858(a), and pursuant to the findings stated above , the City Council hereby : (1) finds that there exists a current and immediate threat to the public health , safety , and welfare requiring th is interim urgency ordinance; (2) finds that this ordinance is necessary for the immediate preservation of the public peace , health , and safety as set forth herein ; and (3 ) declares and extends this moratorium , necessary for the immediate preservation of the public health , safety and welfare , as set forth below : A. For a period of 10 months and 15 days from February 21 , 2020 , no permits , licenses , approvals, or entitlements may be issued for: 1. the subdivis ion of any parcel within the MU -C district ; 2 . the creatio n of new non -residential tenant spaces within ex isting retail uses with in the MU-C district; and 3. the use or conversion of existing spaces for pub li c market use w ithin the MU-C d istrict. B . The following definitions apply to this ordinance : "Mixed-use project" means mixed use projects integrating resident ial and commercia l uses in accordance with the standards outlined in the Crossroads Specific Plan . "Public market" means a diverse medley of owner-operated shops or stalls , selling any combinat ion of groceries , baked goods , flowers , beverages , arts and crafts , and other types of items . C . Exception . This ord inance will not apply to a subd iv ision for the pu rpose of developing a mixed-use project. SECTION 4. Study and Report . City staff is directed to study and analy ze issues related to minimum parcel s izes , regulations applicable to "public markets", and reg u lations applicab le to non -resident ial tenant spaces , within the MU -C district , in preparation for potential modifications to the Crossroads Specific Plan . Staff is directed to prov ide a written report to the Ci ty Counci l at least ten days prior to the expiration of this ordinance or any extension , in accordance with State law . SECTION 5. Effective Date and Duration . This ordinance is an urgency o rd i nance enacted under California Government Code se ction 65858(a ). Th is urgency ordinance is effective upon adoption by a 4/5th vote of the City Council and will extend the moratorium for a period of 10 months and 15 days (until the January 5 , 2021 expiration date) unless extended by the C ity Council in accordance w ith Cal ifornia Gove rnment Code section 65858 . SECTION 6. Severability . If any section , s ubsection , sentence, c lause , or phrase of th is ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction , s uch decision w ill not affect the valid ity of the re maining portions of this ordinance . The C ity Coun c il hereby decl are s that it would have passed t h is Ordinan ce 20-1 0 39U Page 2 of 3 ordinance and each and every section, subsection , sentence , clause , or phrase not declared invalid or unconstitutional without regard to whether any portion of th e ordinance would be subsequently declared invalid or unconstitutional. SECTION 7. Publicati on . The City Clerk is directed to certify th is ordinance and cause it to be publ ished in the manner required by law. PASSED, APPROVED, AND ADOPTED February 18, 2020 . Nanette Fish , Mayor ATTEST: APPROVED AS TO FORM : Peggy Kuo , City Clerk Greg Murphy, City Attorney I , Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No. 20-1 039U was introduced , passed, approved , and adopted at the regular meeting of the C ity Council of the City of Temple City held on the February 18, 2020 by the following vote : AYES: NOES : ABSENT: ABSTAIN : Councilmember- Councilmember- Counci lmembe r- Councilmember- Peggy Kuo , C ity Clerk Ordinan ce 20-1 039U Page 3 of 3