HomeMy Public PortalAboutCity Council_Ordinance No. 20-1039U_Extending moratorium on subdivision of parcel within MU-C district and existing buildings into non-residential tenant spaces and conversion of existing spaces_2/18/2020_RegularORDINANCE NO. 20-1039U
' 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 NOW
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 Council of the City of Temple City ordains as follows:
SECTION 1. Findings. The City Council finds as follows:
A. Pursuant to Government Code sections 36937 and 65858, the City Council of the City of
Temple City ("City') has adopted Ordinance No. 20-1038U as an urgency measure to establish a
moratorium on public market uses and the subdivision of tenant spaces and parcels within the Crossroads
Specific Plans' MU -C District (the "Interim Ordinance"). The 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 21, 2020.
B. Since then, the City has begun its studies on land use regulations related to public markets,
subdivisions of tenant spaces, and subdivisions of parcels, and has begun outreach to various stakeholders
within the MU -C District.
C. Pursuant to Government Code section 65858(d), the City has issued a report relative to
the steps taken to alleviate the conditions that necessitated the adoption of the Interim Ordinance, which
report is incorporated by this reference.
' D. However, further time is necessary for further studies, reports, and consideration of a
comprehensive ordinance and/or specific plan amendment, addressing regulation of such uses.
E. Pursuant to Government Code section 65858, the City may, after notice and a public
hearing, extend the Interim Ordinance for an additional 10 months and 15 days.
F. Failure to extend this moratorium would impair the orderly and effective implementation of
contemplated amendments to the Crossroads Specific Plan and the municipal code.
G. The City Council further finds that extension of 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. Extension of Moratorium. The recitals, text, moratorium and findings made in
Urgency Ordinance No. 20-1038U 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 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 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:
Ordinance 20-1039U
Page 2 of 3
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. This provision is not intended to prevent the lease or use of the building
in its current configuration; and
3. the use or conversion of existing spaces for public market use within the MU -C district.
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 or any extension, in accordance with State law.
SECTION S. 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 the moratorium for a period of 10 months and 15 days
(until the January 5, 2021 expiration date) unless extended by the City Council in accordance with California
Government Code section 65858.
SECTION 6. 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 February 18, 2020.
ATTEST:
Peggy Kuo, ityC erk
APPROVED ASTO FORM:
Gre rphy, City Attorney
Ordinance 20-1039U
Page 3 of 3
I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No.
20-1039U was introduced, passed, approved, and adopted at the regular meeting of the City Council of the
City of Temple City held on the February 18, 2020 by the following vote:
AYES:
Councilmember— Man, Stemquist, Yu, Chavez, Fish
NOES:
Councilmember — None
ABSENT:
Councilmember — None
ABSTAIN:
Councilmember — None
L-L�K�6AIL)
Peggy Kub, City Clerk