HomeMy Public PortalAboutCity Council_Ordinance No. 20-1038U_Establishing a moratorium on subdivision of any parel within the MU-C District and existing buildings into non-residential tenant spaces_1/17/2020_RegularI
ORDINANCE NO. 20-1038U
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY,
ESTABLISHING A MORATORIUM ON THE SUBDIVISION OF ANY PARCEL WITHIN
THE MU -C DISTRICT AND THE SUBDIVISION OF EXISTING BUILDINGS INTO NOW
RESIDENTIAL TENANT SPACES
The City Council of the City of Temple City ordains as follows:
SECTION 1. Findings. The City Council finds as follows:
A. Government Code section 65858 allows the City of Temple City ("City") to immediately protect
and preserve the public peace, health, welfare by prohibiting any uses that may be in conflict
with a contemplated general plan, specific plan or zoning proposal that the legislative body,
planning commission or planning department is considering.
B. On December 5, 2017, the City Council adopted Ordinance No. 17-1029, which adopted the
Crossroads Specific Plan. The Crossroads Specific Plan addresses development and
infrastructure projects at the intersection of two of the Temple City community's primary streets
— Las Tunas Drive and Rosemead Boulevard.
C. The Crossroads Specific Plan establishes four districts: the Neighborhood Transition (NT)
district; the Commercial Core (CC) district; the Mixed -Use Core (MU -C) district; and the Mixed -
Use Boulevard (MU -6) district.
' D. The MU -C district is intended to provide for the development of an active mixed-use
environment for Temple City and San Gabriel Valley residents to live, work, dine, be
entertained, recreate, and relax. Mixed-use buildings are encouraged in the MU -C district, to
further integrate commercial uses with multi -family residential units. To serve that purpose,
one of the Crossroads Specific Plan's policies is to encourage the MU -C district to be
developed in a comprehensive, no -piecemeal manner that establishes a critical mass of
residents, employees, and visitors in the area.
E. Furthermore, in accordance with the Temple City 2050 Mid -Century Plan, one of the goals and
policies for the City's mixed-use districts, including the Crossroads Specific Plan area, is to
establish development standards to assure that mixed-use development is constructed in a
cohesive manner that minimizes impacts attributable to the adjacency of differing uses. This
includes minimum parcel and building sizes, number of housing units, residential and non-
residential square footages, and relationships and setbacks between uses.
F. Currently, approximately 91% of the Crossroads Specific Plan area properties are privately -
owned, smaller -scale parcels that are less than 1.25 acres in size. The remaining nine percent
of the properties are parcels larger than 1.25 acres in size, the majority of which are located
within the MU -C district.
G. While the vision, policy, and goals of the MU -C district involve transitioning that district into an
active, mixed-use environment, the Crossroads Specific Plan's MU -C district does not
specifically address minimum parcel sizes that may assure that mixed -used development is
constructed in a cohesive manner. Failure to address minimum parcel sizes may result in a
proliferation of smaller sized parcels that may be inconsistent with the vision, policy, and goals
of the MU -C district because they are not large enough to support the development of mixed-
use properties, resulting in further piecemeal development of the MU -C district.
H. Furthermore, changing market trends appear to be moving towards creative and fun
experience -focused destinations that combine retail, food, and experiences through the
creative use of tenant spaces within a larger commercial property. This concept is often
Ordinance 20-1038U
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described as a "public market" that consists of owner -operated shops or stalls within a larger
commercial space, selling a variety of items. However, neither the Crossroads Specific Plan, '
nor the municipal code, defines or regulates this type of "public market" use, and there is no
comprehensive set of regulations for the creation of non-residential tenant spaces within larger
commercial spaces. Failure to address development standards for such uses may inhibit the
Crossroads Specific Plan's policy to promote the development of diverse retail, personal
service, and restaurant uses that may serve the anticipated mixed-use development within the
MU -C district.
As a result, the City Council finds that the current regulatory scheme in the Crossroads Specific
Plan is inadequate in addressing minimum parcel sizes, public markets, and non-residential
tenant spaces, in a manner that furthers the goals and visions of the MU -C district. The City
intends to study, within a reasonable time, land use regulations and amendments to zoning
regulations contained within the Crossroads Specific Plan, to better implement the MU -C
district's vision and develop mixed-use buildings in a comprehensive, non -piecemeal manner.
These regulations may include re-evaluating the minimum size limitations for parcels within the
MU -C district, developing "public market" concepts referenced in the current Crossroads
Specific Plan, and implementing certain development standards for subdividing existing spaces
into new non-residential tenant spaces within the MU -C district.
J. A moratorium with an initial period of 45 days will permit City staff to undertake an initial
investigation of these matters and recommend a course of action to the City Council, while
avoiding the potential adverse impacts associated with activities that may arise as the City
develops its permanent regulations.
K. Failure to adopt this moratorium would impair the orderly and effective implementation of
contemplated amendments to the Crossroads Specific Plan and the municipal code. '
L. The City Council further finds that this moratorium is a matter of local and City-wide importance
and is not directed towards any particular person or entity.
SECTION 2. Environmental Review. The City Council finds that this ordinance is not subject to
the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result
in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the
activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly; rather it prevents changes in the environment pending the completion of
the contemplated specific plan or municipal code review.
SECTION 3. Declaration of Moratorium. 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 this 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 imposes a temporary moratorium for the
immediate preservation of the public health, safety and welfare as set forth below:
A. For a period of 45 days from the date of adoption of this ordinance, no permits, licenses,
approvals, or entitlements may be issued for:
1. the subdivision of any parcel within the MU -C district;
2. the creation of new non-residential tenant spaces within existing retail uses within
the MU -C district; and
3. the use or conversion of existing spaces for public market use within the MU -C ,
district.
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B. The following definitions apply to this ordinance:
"Mixed-use project" means mixed use projects integrating residential and commercial 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
combination of groceries, baked goods, flowers, beverages, arts and crafts, and other types of items.
C. Exception. This ordinance will not apply to a subdivision for the purpose of developing a
mixed-use project.
SECTION 4. Study and Report. City staff is directed to study and analyze issues related to
minimum parcel sizes, regulations applicable to "public markets", and regulations applicable to non-
residential tenant spaces, within the MU -C district, in preparation for potential modifications to the
Crossroads Specific Plan. Staff is directed to provide a written report to the City Council at least ten days
prior to the expiration of this ordinance, in accordance with State law.
SECTION 5. Effective Date and Duration. This ordinance is an urgency ordinance enacted
under California Government Code section 65858(a). This urgency ordinance is effective upon adoption
by a 4/5th vote of the City Council and will extend for a period of 45 days from the date of adoption at which
time it will automatically expire unless extended by the City Council in accordance with California
Government Code section 65858.
SECTION S. Severability. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance and each and every section, subsection,
sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 7. Publication. The City Clerk is directed to certify this ordinance and cause it to be
published in the manner required by law.
PASSED, APPROVED, AND ADOPTED January 7, 2020.
ATTEST:
Peggy Kuo, City Clerk
.n pml, - �m I r, r,:
APPROVED AST FORM:
re phy, City Attomey
I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No.
20-1038 was introduced, passed, approved, and adopted at the regular meeting of the City Council of the
City of Temple City held on the January 17, 2020 by the following vote:
AYES:
Councilmember — Man,
NOES:
Councilmember — None
ABSENT:
Councilmember — None
ABSTAIN:
Councilmember — None
Sternquist, Yu, Chavez, Fish
Ordinance 20-1038U
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Peggy Kuo, ttitV 0(6rk