HomeMy Public PortalAbout9B COMMERCIAL SUBDIVISIONCity Council
February 5, 2013
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will identify short-and long-term goals. The economic development strategy will also
look to allocate the City's $8 million economic development fund into programs. In
the meantime, the City has been taking other more immediate steps in this regard,
such as considering code amendments to remove unnecessary regulatory
impediments to economic development.
3. On November 13, 2012, the Planning Commission conducted a noticed public
hearing and made a recommendation to the City Council to approve a code
amendment that would modify Section 9633: "Development Standards and Design
Criteria" so as to allow the subdivision of shopping centers and mini-malls in
commercial and industrial zones (Attachment "C"). The commission's resolution to
this effect states that "allowing shopping centers and mini-malls to develop with the
option to subdivide would promote economic development and therefore be a
benefit to the public health, safety and welfare ."
4. On January 30, 2013, a City Council Public Hearing notice regarding the proposed
code amendment to Section 9633 was published in the Temple City Tribune.
ANALYSIS:
Recent code amendments for economic development. In line with the City Council 's
objective to promote the economic development of the community, the City Council and
Planning Commission identified the need to review and update the City's parking
standards and other restrictions that could constrain national businesses from
relocating to Temple City. Staffs research indicated that some national retailers have
minimum parking requirements and staff therefore proposed various code amendments
to the Planning Commission and City Council to address these constraints.
The Planning Commission and City Council also approved code amendments that
relaxed parking standards for outdoor dining; reduced the size of non-residential
parking spaces; and established compact parking, bicycle and motorcycle parking
standards.
Current proposal. Also in line with economic development objectives, staff is currently
proposing an amendment to Municipal Code Section 9633 intended to remove an
unnecessary constraint to economic development in the community's commercial and
industrial zones. This proposed amendment would modify a provision in the municipal
code that limits commercial subdivisions to professional and medical office
developments only and does not permit subdivision of shopping centers or mini-malls.
This was recently brought to staffs' attention by an inquiry from "The Gateway" project
(a commercial retail center planned for development at a prominent site on the
northeast corner of Rosemead Boulevard and Las Tunas Drive) concerning the
possibility of subdividing the property to accommodate a request from a national retailer
City Council
February 5, 2013
Page 3
and prospective anchor tenant for the project.
Purpose. It is staffs understanding that the intent of the municipal code in precluding
shopping centers and mini-malls from being subdivided is to promote their design and
operation as an integral whole with common maintenance and a common parking field
serving the development as a whole, without the fragmentation of individual
ownerships. However, many well-designed and well-operated commercial centers
provide for individual ownership of store "pads" in a condominium-type subdivision with
common or separate single ownership of parking fields, mall buildings with multiple
tenants and other shared facilities within the center as a whole.
Staff conducted a survey of neighboring cities and discovered that none of those
contacted had a similar restriction on commercial or industrial subdivisions. In fact, all of
the neighboring cities have a similar definition for "condominium", as follows:
"Condominium" shall mean an estate in real property consisting of an undivided interest
in common in a parcel of real property together with a separate interest in space in a
residential, industrial or commercial building; such as, an apartment, office or store.
The purpose of the proposed code amendment would be to allow for such condominium-
type ownerships, where appropriate and viable, within in a commercial center that also
contained common facilities. Per Section 9633.A.5 and 9202 of the City's Municipal Code,
all condominium projects, including commercial/office condominium projects, would be
required to obtain approval of a conditional use permit. Therefore, the entitlement process
for shopping centers or mini-malls would remain the same; the subdivision component
would require approval of a tentative tract or parcel map in conjunction with the
conditional use permit.
Staff assessment. In light of the foregoing analysis, it is staff's assessment that the
current provisions of Municipal Code Section 9633 precluding any subdivision of
commercial centers places an unnecessary constraint on development in the
commercial and industrial zones. By modifying the current provision as proposed, the
City would accommodate the potential for commercial or industrial development to
propose individual ownership sites within a project, while still providing for single or
common ownership of common facilities (parking fields, pedestrian access areas,
landscaped areas, etc.) within the project as a whole.
Moreover, the City Attorney has advised that the City's current restriction of commercial
subdivision conflicts with state statutes embodied in the Subdivision Map Act. Section
66427 of the Subdivision Map Act obligates each jurisdiction to treat commercial
airspace condominiums no differently than leased commercial space. Therefore, the
proposed code amendment is necessary for the municipal code to be in compliance
with state legislation per the Subdivision Map Act.
CEQA. It is staff's assessment that the proposed code amendment is categorically
exempt from an environmental assessment pursuant to the California Environmental
City Council
February 5, 2013
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Quality Act (CEQA) Guidelines per Section 15061(b)(3) for actions that could not have
any significant effect on the environment. In this case, the proposed code amendment
relates only to options for land ownership within a commercial development, which
options could not themselves have any significant direct impact on the physical
environment.
CONCLUSION:
The proposed code amendment to allow the subdivision of shopping centers and mini-
malls in commercial and industrial zones will augment options available for commercial
retail developers to attract national tenants and would thereby promote economic
development in the community . Furthermore, the code amendment is necessary for the
Municipal Code to coincide with the State of California Subdivision Map Act. Therefore,
the City Council is requested to approve the Categorical Exemption from CEQA and
introduce Ordinance No. 13-967 for first reading by title only.
FISCAL IMPACT:
This item does not have an impact on the Fiscal Year (FY) 2012-13 City Budget.
ATTACHMENTS:
A. PC Staff Report dated November 13, 2012, and attachments thereto
B. Draft Ordinance No. 13-967
C. Planning Commission Minutes dated November 13, 2012
Tem__ple Attachment A ~uty MEMORANDUM
Staff Report
TO: PLANNING COMMISSION DATE: NOVEMBER 13,2012
FROM: STEVEN M. MASURA f WI
DIRECTOR OF COMMUNITY DEVELOPMENT
BY: ADAM L. GULICK Ai.J;)
ASSOCIATE PLANNER
SUBJECT: PUBLIC HEARING: CONSIDERATION OF CHANGES TO THE
MUNICIPAL CODE TO MODIFY SECTION 9633: DEVELOPMENT
STANDARDS AND DESIGN CRITERIA THAT WOULD ALLOW THE
SUBDIVISION OF SHOPPING CENTERS AND MINI-MALLS IN
COMMERCIAL ZONES.
BACKGROUND
On April 28, 2011 , as part of the City's two year work plan, the City Council established a
list of objectives focusing on eight goals, with Economic Development being one of them.
On May 15, 2012, the City Council allocated $8 million of its $21 .7 million general fund
reserve for Economic Development. Staff is in the process of finalizing a project scope for
the City's two-year economic development strategy that will identify short-and long-term
goals. The economic development strategy will also look to program the City's $8 million
Economic Development fund.
Staff looked at potential Municipal Code constraints that detract national businesses from
relocating to Temple City. Staff discovered that some national retailers have minimum
parking requirements and we therefore proposed various code amendments to the
Planning Commission and City Council to address these constraints. The Planning
Commission and City Council agreed with staff's recommendation and approved code
amendments that relaxed parking standards for outdoor dining, reduced the size of non-
residential parking spaces, and established compact parking, bicycle and motorcycle
parking standards.
Staff recently discovered a provision in the Municipal Code that does not permit
commercial subdivisions for shopping centers or mini-malls, and limits commercial
subdivisions to professional and medical office developments. This was discovered after
the Gateway project inquired about subdividing their property to accommodate a request
from their prospective national anchor tenant.
DISCUSSION
Staff believes that the provision restricting commercial subdivisions to professional and
medical office buildings places an unnecessary constraint on development in
Planning Commission : November 13, 2012 2
Public Hearing: Modify Section 9633: Development Standards and Design Criteria
commercial zones. By modifying the current provision, the City would create options for
developers or property owners to capably finance their development. A developer or
property owner would be able to sell a portion (parcel or lot) of their development to an
individual business or corporation, rather than selling the whole shopping center or
development to an individual or investment group.
An analogy could be made that this provision is similar to the City having a restriction for
multi-family developments limiting them to apartment rentals, rather than allowing them
to be subdivided into individual units. Staff feels that there would be fewer buyers
interested in an apartment complex, as opposed to ind ividual units, which is more
profitable .
Staff does not know why a restriction was placed on shopping centers and mini-malls
that prevent them from being subdivided, as numerous cities allow shopping centers to
be subdivided. Upon further research, it appears that the City's commercial subdivision
restriction actually conflicts with the Subdivision Map Act. It appears that Section 66427
of the California Government Code essentially obligates the City to treat commercial
airspace condominiums no different than leased commercial space . Therefore, the
proposed code amendment is necessary for the City's Code to be in compliance with
the Subdivision Map Act.
Per Section 9633.A.5 and 9202 of the City's Municipal Code, all condominium projects ,
including commercial/office condominium projects , would be required to obtain approval
of a conditional use permit. Therefore, the entitlement process for shopping centers or
mini-malls would remain the same; the subdivision component would require approval
of a tentative tract or parcel map.
RECOMMENDATION
Staff recommends that the Planning Comm ission make a recommendation that the City
Council approve the code amendment, as modified in the attached draft ordinance . The
proposed code amendment is Categorically Exempt from the California Environmental
Quality Act (CEQA) per section 15061 (b)(3), which states that the proposed code
amendment will have no effect on the environment as it is creating a method of
financing for shopping centers and mini-malls in commercial zones.
ATTACHMENTS
1. T em pie City Municipal Code, Section 9633: Development Standards and Design
Criteria
2. California Government Code, Section 66427
3. Staff Draft Resolution No . 12-2365 PC
4. Draft Ord inance 12-9xx
5. Preliminary Exemption Assessment
Sterling Codifiers , Inc. Page 1 of 1
9633: DEVELOPMENT STANDARDS AND DESIGN CRITERIA:
A . Commercial/Office Condominiums: Any commercial/office subdivision (either new
construction or conversion) shall comply with the following development standards and
criteria:
1 . Condominium projects shall be permitted in all C and M zones.
2. Commercial/office condominium projects shall be restricted to professional and
medical office buildings with at least ten thousand (1 0,000) square feet of floor area
and with two (2) or more stories. Shopping centers and mini-malls shall not be
permitted as condominium projects.
3. The minimum unit size for all units within a professional or medical office building shall
be one thousand (1,000) square feet.
4. Condominium projects shall be in compliance with all development criteria contained in
the applicable zoning classification and shall be in compliance with the parking
requirements based upon use.
5. All commercial/office subdivisions shall be subject to a conditional use permit in
accordance with sections 9200 through 9250 of this title.
B. Industrial/Manufacturing Condominiums: Any industrial/manufacturing subdivision (either
new construction or conversion) shall comply with the following development standards
and criteria:
1 . Condominium projects shall be permitted in all M zones .
2. Industrial and manufacturing condominium projects shall be restricted to
manufacturing and industrial complexes with at least ten thousand (1 0,000) square
feet of floor area.
3. The minimum unit size for all units within a manufacturing or industrial complex shall
be two thousand (2,000) square feet.
4. Condominium projects shall be in compliance with all development criteria contained in
applicable zoning classification and shall be in compliance with the parking
requirements based upon use.
5. All industrial or manufacturing subdivisions shall be subject to a conditional use permit
in accordance with sections 9200 through 9250 of this title. (1960 Code; amd. Ord. 93-
728)
http://www .sterlingcodifiers .com/codebook/printnow . php 11/9/2012
GOVERNMENT CODE
SECTION 66425-66431
66425 . The necessity for tentative, final and parcel maps shall be
governed by the provisions of this chapter .
66426. A tentative and final map shall be required for all
subdivisions creating five or more parcels, five or more condominiums
as defined in Section 783 of the Civil Code, a community apartment
project containing five or more parcels, or for the conversion of a
dwelling to a stock cooperative containing five or more dwelling
units, except where any one of the following occurs:
(a) The land before division contains less than five acres, each
parcel created by the division abuts upon a maintained public street
or highway, and no dedications or improvements are required by the
legislative body.
(b) Each parcel created by the division has a gross area of 20
acres or more and has an approved access to a maintained public
street or highway.
(c) The land consists of a parcel or parcels of land having
approved access to a public street or highway, which comprises part
of a tract of land zoned for industrial or commercial development,
and which has the approval of the governing body as to street
alignments and widths.
(d) Each parcel created by the division has a gross area of not
less than 40 acres or is not less than a quarter of a quarter
section .
{e) The land being subdivided is solely for the creation of an
environmental subdivision pursuant to Section 66416.2.
{f) A parcel map shall be required for those subdivisions
described in subdivisions (a), (b), {c), (d}, and (e).
66426.5. Any conveyance of land to or from a governmental agency ,
public entity, public utility, or subsidiary of a public utility for
conveyance to that public utility for rights-of-way shall not be
considered a division of land for purposes of computing the number of
parcels. For purposes of this section, any conveyance of land to or
from a governmental agency shall include a fee interest, a leasehold
interest, an easement, or a license .
66427. (a) A map of a condominium project, a community apartment
project, or of the conversion of five or more existing dwelling units
to a stock cooperative project need not show the buildings or the
manner in which the buildings or the airspace above the property
shown on the map are to be divided, nor shall the governing body have
the right to refuse approval of a parcel, tentative, or final map of
the project on account of the design or the location of buildings on
the property shown on the map that are not violative of local
ordinances or on account of the manner in which airspace is to be
divided in conveying the condominium.
(b) A map need not include a condominium plan or plans, as defined
in subdivision (e) of Section 1351 of the Civil Code , and the
governing body may not refuse approval of a parcel, tentative, or
final map of the project on account of the absence of a condominium
plan .
(c) Fees and lot design requirements shall be computed and imposed
with respect to those maps on the basis of parcels or lots of the
surface of the land shown thereon as included in the project.
(d) Nothing herein shall be deemed to limit the power of the
legislative body to regulate the design or location of buildings in a
project by or pursuant to local ordinances.
(e) If the governing body has approved a parcel map or final map
for the establishment of condominiums on property pursuant to the
requirements of this division, the separation of a three -dimensional
portion or portions of the property from the remainder of the
property or the division of that three-dimensional portion or
portions into condominiums shall not constitute a further subdivision
as defined in Section 66424, provided each of the following
conditions has been satisfied:
(1) The total number of condominiums established is not increased
above the number authorized by the local agency in approving the
parcel map or final map.
(2) A perpetual estate or an estate for years in the remainder of
the property is held by the condominium owners in undivided interests
in common, or by an association as defined in subdivision (a) of
Section 1351 of the Civil Code, and the duration of the estate in the
remainder of the property is the same as the duration of the estate
in the condominiums .
(3) The three-dimensional portion or portions of property are
described on a condominium plan or plans, as defined in subdivision
(e) of Section 1351 of the Civil Code.
66427.1. (a) The legislative body shall not approve a final map for
a subdivision to be created from the conversion of residential real
property into a condominium project, a community apartment project,
or a stock cooperative project, unless it finds as follows:
(1) Each tenant of the proposed condominium, community apartment
project , or stock cooperative project, and each person applying for
the rental of a unit in the residential real property, has received
or will have received all applicable notices and rights now or
hereafter required by this chapter or Chapter 3 (commencing with
Section 66451) .
(2) Each of the tenants of the proposed condominium, community
apartment project, or stock cooperative project has received or will
receive each of the following notices:
(A) Written notification, pursuant to Section 66452.18, of
intention to convert, provided at least 60 days prior to the filing
of a tentative map pursuant to Section 66452 .
(B) Ten days' written notification that an application for a
public report will be, or has been, submitted to the Department of
Real Estate, that the period for each tenant's right to purchase
begins with the issuance of the final public report, and that the
report will be available on request.
(C) Written notification that the subdivider has received the
public report from the Department of Real Estate. This notice shall
be provided within five days after the date that the subdivider
receives the public report from the Department of Real Estate .
(D) Written notification within 10 days after approval of a final
map for the proposed conversion.
(E) One hundred eighty days' written notice of intention to
convert, provided prior to termination of tenancy due to the
conversion or proposed conversion pursuant to Section 66452.19, but
not before the local authority has approved a tentative map for the
conversion . The notice given pursuant to this paragraph shall not
alter or abridge the rights or obligations of the parties in
performance of their covenants, including, but not limited to, the
provision of services, payment of rent, or the obligations imposed by
Sections 1941, 1941 .1, and 1941.2 of the Civil Code.
(F) Notice of an exclusive right to contract for the purchase of
his or her respective unit upon the same terms and conditions that
the unit will be initially offered to the general public or terms
more favorable to the tenant pursuant to Section 66452.20. The
exclusive right to purchase shall commence on the date the
subdivision public report is issued, as provided in Section 11018.2
of the Business and Professions Code, and shall run for a period of
not less than 90 days, unless the tenant gives prior written notice
of his or her intention not to exercise the right.
(b) The written notices to tenants required by subparagraphs (A)
and (B) of paragraph (2) of subdivision (a) shall be deemed satisfied
if those notices comply with the legal requirements for service by
mail.
(c) This section shall not diminish, limit, or expand, other than
as provided in this section, the authority of any city, county, or
city and county to approve or disapprove condominium projects.
(d) If a rental agreement was negotiated in Spanish, Chinese,
Tagalog, Vietnamese, or Korean, all required written notices
regarding the conversion of residential real property into a
condominium project, a community apartment project, or a stock
cooperative project shall be issued in that language.
66427.2. Unless applicable general or specific plans contain
definite objectives and policies, specifically directed to the
conversion of existing buildings into condominium projects or stock
cooperatives, the provisions of Sections 66473.5, 66474, and
66474.61, and subdivision (c) of Section 66474.60 shall not apply to
condominium projects or stock cooperatives, which consist of the
subdivision of airspace in an existing structure, unless new units
are to be constructed or added.
A city, county, or city and county acting pursuant to this section
shall approve or disapprove the conversion of an existing building
to a stock cooperative within 120 days following receipt of a
completed application for approval of such conversion.
This section shall not diminish, limit or expand, other than as
provided herein, the authority of any city, county, or city and
county to approve or disapprove condominium projects.
66427.4. (a) At the time of filing a tentative or parcel map for a
subdivision to be created from the conversion of a mobilehome park to
another use, the subdivider shall also file a report on the impact
of the conversion upon the displaced residents of the mobilehome park
to be converted. In determining the impact of the conversion on
displaced mobilehome park residents, the report shall address the
availability of adequate replacement space in mobilehome parks.
(b) The subdivider shall make a copy of the report available to
each resident of the mobilehome park at least 15 days prior to the
hearing on the map by the advisory agency or, if there is no advisory
agency, by the legislative body.
(c) The legislative body, or an advisory agency which is
authorized by local ordinance to approve, conditionally approve, or
disapprove the map, may require the subdivider to take steps to
mitigate any adverse impact of the conversion on the ability of
displaced mobilehome park residents to find adequate space in a
mobilehome park.
(d) This section establishes a minimum standard for local
regulation of conversions of mobilehome parks into other uses and
shall not prevent a local agency from enacting more stringent
measures.
{e) This section shall not be applicable to a subdivision which is
created from the conversion of a rental mobilehome park to resident
ownership.
66427.5. At the time of filing a tentative or parcel map for a
subdivision to be created from the conversion of a rental mobilehome
park to resident ownership, the subdivider shall avoid the economic
displacement of all nonpurchasing residents in the following manner:
{a) The subdivider shall offer each existing tenant an option to
either purchase his or her condominium or subdivided unit, which is
to be created by the conversion of the park to resident ownership, or
to continue residency as a tenant.
(b) The subdivider shall file a report on the impact of the
conversion upon residents of the mobilehome park to be converted to
resident owned subdivided interest .
{c) The subdivider shall make a copy of the report available to
each resident of the mobilehome park at least 15 days prior to the
hearing on the map by the advisory agency or, if there is no advisory
agency, by the legislative body.
{d) {1) The subdivider shall obtain a survey of support of
residents of the mobilehome park for the proposed conversion.
{2) The survey of support shall be conducted in accordance with an
agreement between the subdivider and a resident homeowners'
association, if any, that is independent of the subdivider or
mobilehome park owner.
(3) The survey shall be obtained pursuant to a written ballot.
(4) The survey shall be conducted so that each occupied mobilehome
space has one vote.
{5) The results of the survey shall be submitted to the local
agency upon the filing of the tentative or parcel map, to be
considered as part of the subdivision map hearing prescribed by
subdivision (e).
(e) The subdivider shall be subject to a hearing by a legislative
body or advisory agency, which is authorized by local ordinance to
approve, conditionally approve, or disapprove the map. The scope of
the hearing shall be limited to the issue of compliance with this
section.
(f) The subdivider shall be required to avoid the economic
displacement of all nonpurchasing residents in accordance with the
following:
(1) As to nonpurchasing residents who are not lower income
households, as defined in Section 50079.5 of the Health and Safety
Code, the monthly rent, including any applicable fees or charges for
use of any preconversion amenities, may increase from the
preconversion rent to market levels, as defined in an appraisal
conducted in accordance with nationally recognized professional
appraisal standards, in equal annual increases over a four-year
period.
(2) As to nonpurchasing residents who are lower income households,
as defined in Section 50079.5 of the HealEh and Safety Code, the
monthly rent, including any applicable fees or charges for use of any
preconversion amenities, may increase from the preconversion rent by
an amount equal to the average monthly increase in rent in the four
years immediately preceding the conversion, except that in no event
shall the monthly rent be increased by an amount greater than the
average monthly percentage increase in the Consumer Price Index for
the most recently reported period .
66428. (a) Local ordinances may require a tentative map where a
parcel map is required by this chapter . A parcel map shall be
required for subdivisions as to which a final or parcel map is not
otherwise required by this chapter, unless the preparation of the
parcel map is waived by local ordinance as provided in this section.
A parcel map shall not be required for either of the following:
(1) Subdivisions of a portion of the operating right-of-way of a
railroad corporation, as defined by Section 230 of the Public
Utilities Code, that are created by short-term leases (terminable by
either party on not more than 30 days' notice in writing).
(2) Any conveyance of land to or from a governmental agency,
public entity, public utility, or for land conveyed to a subsidiary
of a public utility for conveyance to that public utility for
rights-of-way shall not be considered a division of land for purposes
of computing the number of parcels. For purposes of this
subdivision, any conveyance of land to or from a governmental agency
shall include a fee interest, a leasehold interest, an easement, or a
license.
(b) A local agency shall, by ordinance, provide a procedure for
waiving the requirement for a parcel map, imposed by this division,
including the requirements for a parcel map imposed by Section 66426.
The procedure may include provisions for waiving the requirement for
a tentative and final map for the construction of a condominium
project on a single parcel. The ordinance shall require a finding by
the legislative body or advisory agency, that the proposed division
of land complies with requirements established by this division or
local ordinance enacted pursuant thereco as to area, improvement and
design, floodwater drainage control, appropriate improved public
roads, sanitary disposal facilities, water supply availability,
environmental protection, and other requirements of this division or
local ordinance enacted pursuant thereto. In any case, where the
requirement for a parcel map is waived by local ordinance pursuant to
this section, a tentative map may be required by local ordinance.
(c) If a local ordinance does not require a tentative map where a
parcel map is required by this division, the subdivider shall have
the option of submitting a tentative map, or if he or she desires to
obtain the rights conferred by Chapter 4.5 (commencing with Section
66498.1), a vesting tentative map.
66428.1. (a) When at least two-thirds of the owners of mobilehomes
who are tenants in the mobilehome park sign a petition indicating
their intent to purchase the mobilehome park for purposes of
converting it to resident ownership, and a field survey is performed,
the requirement for a parcel map or a tentative and final map shall
be waived unless any of the following conditions exist:
(1) There are design or improvement requirements necessitated by
significant health or safety concerns.
(2) The local agency determines that there is an exterior boundary
discrepancy that requires recordation of a new parcel or tentative
and final map.
(3) The existing parcels which exist prior to the proposed
conversion were not created by a recorded parcel or final map.
(4) The conversion would result in the creation of more
condominium units or interests than the number of tenant lots or
spaces that exist prior to conversion.
(b) The petition signed by owners of mobilehomes in a mobilehome
park proposed for conversion to resident ownership pursuant to
subdivision (a) shall read as follows:
MOBILEHOME PARK PETITION AND DISCLOSURE STATEMENT
SIGNING THIS PETITION INDICATES YOUR SUPPORT FOR CONVERSION OF
THIS MOBILEHOME PARK TO RESIDENT OWNERSHIP . THIS DISCLOSURE
STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CITY OF ____ ,
COUNTY OF , STATE OF CALIFORNIA , DESCRIBED AS THE TOTAL
COST FOR CONVERSION AND PURCHASE OF THE PARK IS $ __ TO $ __
EXCLUDING FINANCING COSTS. THE TOTAL COST TO YOU FOR CONVERSION AND
PURCHASE OF YOUR OWNERSHIP INTEREST IS $ TO $ , EXCLUDING
FINANCING COSTS. IF TWO-THIRDS OF THE RESIDENTS IN THIS PARK SIGN
THIS PETITION INDICATING THEIR INTENT TO PURCHASE THE MOBILEHOME PARK
FOR PURPOSES OF CONVERTING IT TO RESIDENT OWNERSHIP, THEN THE
REQUIREMENTS FOR A NEW PARCEL, OR TENTATIVE AND FINAL SUBDIVISION MAP
IN COMPLIANCE WITH THE SUBDIVISION MAP ACT MUST BE WAIVED, WITH
CERTAIN VERY LIMITED EXCEPTIONS. WAIVING THESE PROVISIONS OF LAW
ELIMINATES NUMEROUS PROTECTIONS WHICH ARE AVAILABLE TO YOU .
Buyer, unit #,
date
Petitioner,
date
(c) The local agency shall provide an application for waiver
pursuant to this section. After the waiver application is deemed
complete pursuant to Section 65943, the local agency shall approve or
deny the application within 50 days . The applicant shall have the
right to appeal that decision to the governing body of the local
agency .
(d) If a tentative or parcel map is required, the local agency
shall not impose any offsite design or improvement requirements
unless these are necessary to mitigate an existing health or safety
condition. No other dedications, improvements, or in-lieu fees shall
be required by the local agency. In no case shall the mitigation of a
health or safety condition have the effect of reducing the number,
or changing the location, of existing mobilehome spaces.
(e) If the local agency imposes requirements on an applicant to
mitigate a health or safety condition, the applicant and the local
agency· shall enter into an unsecured improvement agreement. The local
agency shall not require bonds or other security devices pursuant to
Chapter 5 (commencing with Section 66499} for the performance of
that agreement. The applicant shall have a period of one year from
the date the agreement was executed to complete those improvements .
(f) If the waiver application provided for in this section is
denied by the local agency pursuant to the provisions of subdivision
(a), the applicant may proceed to convert the mobilehome park to a
tenant-owned, condominium ownership interest, but shall file a parcel
map or a tentative and final map . The local agency may not require
the applicant to file and record a tentative and final map unless the
conversion creates five or more parcels shown on the map. The number
of condominium units or interests created by the conversion shall
not determine whether the filing of a parcel or a tentative and final
map shall be required.
(g) For the purposes of this section, the meaning of "resident
ownership" shall be as defined in Section 50781 of the Health and
Safety Code.
66429 . Of the maps required by this division, only final and parcel
maps may be filed for record in the office of the county recorder.
66430 . No final map or parcel map required by this chapter or local
ordinance which creates a subdivision shall be filed with the local
agency without the written consent of all parties having any record
title interest in the real property proposed to be subdivided, except
as otherwise provided in this division.
66431 . Upon mutual agreement of their respective legislative
bodies, the county surveyor may perform any or all of the duties
assigned to the city engineer, including required certifications or
statements. Whenever these duties have been divided between the
county surveyor and city engineer, each officer shall state the
duties performed by him or her.
RESOLUTION NO. 12-2365PC
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMPLE CITY RECOMMENDING THAT THE
CITY COUNCIL OF THE CITY OF TEMPLE CITY
APPROVE AN AMENDMENT TO THE TEMPLE CITY
ZONING CODE ALLOWING THE SUBDIVISION OF
SHOPPING CENTERS AND MINI-MALLS. THE CODE
AMENDMENT WOULD MODIFY SECTION 9633.A.2 IN
CHAPTER 7 OF TITLE 9 OF THE TEMPLE CITY
MUNICIPAL CODE.
The Planning Commission of the City of Temple City does hereby resolve:
SECTION 1. Based upon information presented in Staff Reports dated
November 13, 2012, and based upon a Public Hearing on November 13 , 2012 to
consider an amendment to the Zoning Code, the Planning Commission makes the
following findings:
WHEREAS, shopping centers and mini-malls are prohibited from
subdividing in commercial zones within the City of Temple City pursuant to Temple City
Municipal Code (TCMC) Section 9633.A.2; and,
WHEREAS, the City's current provision that prohibits shopping centers
and mini-malls from subdividing is in conflict with the California Government Code §
66427, pertaining to the Subdivision Map Act; and,
WHEREAS, allowing shopping centers and m ini-malls to develop with the
option to subdivide would promote economic development and therefore be a benefit to
the public health, safety and welfare.
SECTION 2. This code amendment will not result in any significant effects
upon the environment, and is Categorically Exempt per Section 15061 (b )(3). The code
amendment will not have an effect on the environment, as it is creating an option for
financing commercial developments .
SECTION 3. The Planning Commission recommends modifying Section
9633 of Chapter 7 of Title 9 of the municipal code will read as follows:
9633: DEVELOPMENT STANDARDS AND DESIGN CRITERIA:
A. CommerciaVOffice Condominiums: Any commercial/office subdivision (either
new construction or conversion) shall comply with the following development
standards and criteria:
2 . Commercial/office condominium projects shall be restristed to professional
and modisal offiso buildings with at least ten thousand (1 0,000) square feet
Resolution No . 12-2365 PC
Allow Shopping Centers and Mini-Malls to be subdivided
Page 2 of 2
of floor area. and with two (2) or more stories. Shopping centers and mini
malls shall not be pOFmittod as condominium projects.
SECTION 4. The secretary shall certify to the adoption of this Resolution
Chairman
I hereby certify that the foregoing Resolution was duly adopted by the Planning
Commission of the City of Temple City at a regular meeting held on the 131h of
November, 2012 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Commissioner-
Commissioner -
Commissioner -
Commissioner -
Secretary
ORDINANCE NO . 12-9xx
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY, CALIFORNIA , AMENDING CHAPTER 7 OF TITLE 9 OF THE
TEMPLE CITY MUNICIPAL CODE RELATIVE TO SECTION 9633:
DEVELOPMENT STANDARDS AND DESIGN CRITERIA
D~AFT
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Based upon information presented in the City Council Staff Report dated (Month,
Day), 2012; and Planning Commission Staff Report dated November 13, 2012, and based upon a Public
Hearing before the Planning Commission on November 13, 2012, and a Public Hearing before the City
Council on (Month, Day), 2012 to consider certa in amendments to the Zoning Code, the City Council
hereby amends the Zoning Code of the City of Temple City as described in Section 4 below based upon
the findings set forth in Section 2 below and based upon the Categorical Exemption which is discussed in
Section 3 below.
SECTION 2. The need for a Zoning Code amendment is based upon the following findings :
1. The provision that prohibits the subdivision of shopping centers and mini-malls,
Section 9633.A.2, conflicts with the City Council's goal of promoting economic
development in the City;
2 . The current provision that prohibits the subdivision of shopping centers and mini -
malls is in conflict with the California Government Code § 66427, pertaining to the
Subdivision Map Act; and
3. By allowing shopping centers and mini-malls to develop with the option to subdiv ide
would promote economic development and therefore be a benefit to the public
health, safety and welfare.
SECTION 3. This code amendment will not result in any significant effects upon the environment,
and is Categorically Exempt per Section 15061(b}(3). The code amendment will not have an effect on the
envi ronment, as it is creating an option for financing commercial developments.
SECTION 4. Section 9633 of Chapter 7 of Title 9 of the Municipal Code. Section 9633 of
Chapter 7 of Title 9 of the municipal code and are hearby amended to read as follows:
TITLE 9 -Zoning Regulations
CHAPTER 7-Zoning Code
9333 : DEVELOPMENT STANDARDS AND DESIGN CRITERIA:
A. CommerciaVOffice Condominiums: Any commerciaVoffice subdivision (either new construction
or conversion) shall comply with the following development standards and criteria:
2 . CommerciaVoffice condominium projects shall be r:estFiGted te ~refessioAal aAEl medisal
offise b~:o~iiEliAgs ¥litl:t at least ten thousand (1 0,000) square feet of floor area. ami witl=l tv.•o
(2) er mere stories. Shepping seAter-s aAd mini malls shall Ret be peFmittee as
seAdeminil:lm fo1Fejests .
SECTION 5. Severability. The City Council hereby declares that, should any provision, section,
subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof, be rendered
or declared invalid or unconstitutional by any final court action in a court of competent jurisdiction or by
reason of any preemptive legislation, such decision or action shall not affect the validity of the remaining
section or portions of the Ordinance or part thereof. The City Council hereby declares that it would have
independently adopted the remaining provisions, sections. subsections, paragraphs, sentences, clauses,
phrases, or words of this Ordinance irrespective of the fact that any one or more provisions, sections,
subsections, paragraphs, sentences, clauses, phrases, or words may be declared invalid or unconstitutional.
SECTION 6. Publication. The City Clerk shall certify to the passage and adoption of this Ordinance
and to its approval by the Mayor and shall cause the same to be published according to law.
PASSED , APPROVED, AND ADOPTED this (number)00 day of (month), 2012.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordi nance No.
12-9xx was introduced at the regular meeting of the City Council of the City of Temple City held on the (day)lh
day of (month), 2012, and was duly passed, approved and adopted by said Council at the regular meeting
held on (day)nd day of (month), 2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Cieri<
Councilmember-
Councilmember-
Councilmember-
Councilmember-
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination when attached to Notice of Exempt ion)
1 . Name or description of project: Consideration of a Code Amendment to modify
Section 9633 in the Municipal Code, that would permit shopping centers and mini-
malls to be subdivided in Commercial Zones.
2. Location : Commercial zoned properties throughout the City
3 . Entity or person undertaking project:
x A . Steve Masura, Community Development Director
B. Other (Private)
(1) Name: _________________ _
(2) Address:
4 . Staff Determination:
The City's Staff, having undertaken and completed a prelim i nary review of this project in
accordance w ith the City's "Local Gu idelines for Implementing the California
Environmental Quality Act (CEQA)" has concluded that this project does not require
further environmental assessment because :
a .
b .
c.
d .
e. _x_
f .
g.
h.
The proposed action does not constitu te a project under CEQA .
The project is a Ministerial Project.
The project is an Emergency Project.
The project constitutes a feasibility or planning study.
The project is categorically exempt.
Applicable Exemption Class: 15061 .b.3
The project is statutorily exempt.
Appl icable Exemption:----------------
The project is otherwise exempt on the following basis: ____ _
The project invo lves another public agency which constitutes the
Lead Agency: Name of Lead Agency -----------
Date: __ ___,1..:::.0=/2=6.:.....;/1=2~-------Adam L. Gulick
Staff
7/02
ORDINANCE NO. 13-967 oRAfl
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY, CALIFORNIA, AMENDING CHAPTER 7 OF TITLE 9 OF THE
TEMPLE CITY MUNICIPAL CODE RELATIVE TO SECTION 9633:
DEVELOPMENT STANDARDS AND DESIGN CRITERIA SO AS TO
ALLOW THE SUBDIVISION OF SHOPPING CENTERS AND MINI-
MALLS IN COMMERCIAL AND INDUSTRIAL ZONES.
Attachment 8
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Based upon information presented in the City Council Staff Report dated
February 5, 2013 and February 19, 2013, and a Planning Commission Staff Report dated November 13,
2012; and based upon a testimony received at the Public Hearing before the Planning Commission on
November 13, 2012, and the Public Hearings before the City Council on February 5, 2013 and February
19, 2013 to consider certain amendments to the Municipal Code, the City Council hereby amends the
Municipal Code of the City of Temple City as described in Section 4 below based upon the findings set
forth in Section 2 below and based upon the Categorical Exemption which is discussed in Section 3
below.
SECTION 2. The need for a Zoning Code amendment is based upon the following findings:
1. The provision that prohibits the subdivision of shopping centers and mini-malls,
Section 9633.A.2, conflicts with the City Council's goal of promoting economic
development in the City;
2. The current provision that prohibits the subdivision of shopping centers and mini-
malls is in conflict with the California Government Code § 66427, pertaining to the
Subdivision Map Act; and
3. By allowing shopping centers and mini-malls to develop with the option to subdivide
would promote economic development and therefore be a benefit to the public
health, safety and welfare.
SECTION 3. This code amendment will not result in any significant effects upon the environment,
and is Categorically Exempt per Section 15061(b)(3). The code amendment will not have an effect on the
environment, as it is creating an option for financing commercial developments.
SECTION 4. Section 9633 of Chapter 7 of Title 9 of the Municipal Code. Section 9633 of
Chapter 7 of Title 9 of the municipal code and are hearby amended to read as follows:
TITLE 9 -Zoning Regulations
CHAPTER 7-Zoning Code
9333: DEVELOPMENT STANDARDS AND DESIGN CRITERIA:
A. Commercial/Office Condominiums: Any commercial/office subdivision (either new construction
or conversion) shall comply with the following development standards and criteria:
2. Commercial/office condominium projects shall be restricte!:l to professional and medical
office b'=!ildings with at least ten thousand (10,000) square feet of floor area. and with twa
(2) or mere stories. Shopping centers and mini malls shall net 9e permit:ted as
condominium projects.
3. The minimum unit size for all units within a professional or medisal office bt:~ildin~ shall be
one thousand (1,000) square feet.
SECTION 5. Severability. The City Council hereby declares that , should any provision, section,
subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof, be rendered
or declared invalid or unconstitutional by any final court action in a court of competent jurisdiction or by
reason of any preemptive legislation, such decision or action shall not affect the validity of the remaining
section or portions of the Ordinance or part thereof. The City Council hereby declares that it would have
independently adopted the remaining provisions , sections, subsections, paragraphs, sentences, clauses,
phrases, or words of this Ordinance irrespective of the fact that any one or more provisions, sections,
subsections, paragraphs, sentences, clauses , phrases, or words may be declared invalid or unconstitutional.
SECTION 6. Publication. The City Clerk shall certify to the passage and adoption of this Ordinance
and to its approval by the Mayor and shall cause the same to be published according to law.
PASSED, APPROVED, AND ADOPTED this 19h day of February, 2013.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No.
13-967 was introduced at the regular meeting of the City Council of the City of Temple City held on the 51
h
day of February, 2013, and was duly passed, approved and adopted by said Council at the regular meeting
held on 19lh day of February, 2013 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
Councilmember-
Councilmember-
Councilmember-
Councilmember-
PLANNING COMMISSION
TEMPLE CITY, CALIFORNIA
REGULAR MEETING MINUTES
NOVEMBER 13, 2012-7:30P.M.
1. CALL TO ORDER -Chairman Horton
2. ROLL CALL-Commissioners Curran, Leung, O'Leary, Cordes, Horton
Attachment C
PRESENT: Commissioners: Curran, Leung, O'Leary, Cordes, Horton
ABSENT: Commissioners: None
ALSO PRESENT: City Attorney Murphy, Director of Community Development
Masura, Associate Planner Gulick, Associate Planner Liu , and
Community Development Secretary Venters
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA· None
5. CONSENT CALENDAR (Roll Call Vote)
Commissioner 0 Leary moved to approve the Consent Calendar, seconded by
Commissioner Curran and unanimously carried .
The Consent Calendar consisted of the following item:
A. APPROVAL OF MINUTES OCTOBER 9, 2012
Recommendation: APPROVE AS SUBMITIED
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioner-Curran, Leung, O'Leary, Cordes
Commissioner-None
Commissioner-None
Commissioner-Horton
6. UNFINISHED BUSINESS -None
7. NEW BUSINESS
A. PUBLIC HEARING - A REQUEST TO CONTINUE A CONDITIONAL USE
PERMIT AND TENTATIVE PARCEL MAP FOR 9608 WORKMAN AVENUE
TO A DATE UNCERTAIN .
PROJECT SITE:
CASE NUMBERS :
9608 WORKMAN AVE
CONDITIONAL USE PERMIT 12-1813
TENTATIVE PARCEL MAP 71596
Plann ing Commission Minutes
November 13, 2012
Page2
APPLICANT
/PROPERTY OWNER:
ENGINEER:
RECOMMENDATION:
THE POON 1994 TRUST
2485 CUMBERLAND ROAD
SAN MARINO, CA 91108
ENGLES SHEN & ASSOCIATES, INC.
1111 CORPORATE CENTER DRIVE, #302
MONTEREY PARK, CA 91754
1) HEAR STAFF REPORT
2) HEAR THOSE FOR AND AGAINST
3) RECOMMEND THAT THE PLANNING
COMMISSION CONTINUE THE ABOVE ITEM
TO A DATE UNCERTAIN
Associate Planner Gulick briefed the Planning Comm ission regarding the
recommendation to continue .
Chairman Horton opened the public hearing .
Chairman Horton closed the public hearing.
Commissioner 0 Leary made a motion to continue a Conditional Use Permit
and a Tentative Parcel Map to a date uncertain seconded by Commissioner
Leung and carried roll call vote .
AYES:
NOES:
Commi ssioner-Curran, Leung , O'Leary, Cordes, Horton
Commissioner-None
ABSENT: Commissioner-None
B . PUBLIC HEARING - A CONDITIONAL USE PERMIT AND TENTATIVE
PARCEL MAP TO ALLOW THE CONSTRUCTION OF A RESIDENTIAL
CONDOMINIUM PROJECT CONSISTING OF FOUR DWELLING UNITS AT
5528 SULTANA AVENUE . THE SUBJECT SITE IS LOCATED IN THE
HEAVY MULTIPLE FAMILY (R-3) RESIDENTIAL ZONE AND IS
DESIGNATED HIGH DENSITY RESIDENTIAL BY THE CITY'S GENERAL
PLAN.
PROJECT SITE:
CASE NUMBERS :
APPLICANT
/PROPERTY OWNER:
5528 SULTANA AVENUE
CONDITIONAL USE PERMIT 12 -1816
TENTATIVE PARCEL MAP 71828
DEXTER 5528 SULTANA, LLC
11819 GOLDRING ROAD, UNIT C
ARCADIA, CA 91006
Planning Commission Minutes
November 13, 2012
Page 3
ENGINEER: EGL ASSOCIATES, INC.
11819 GOLDRING ROAD, UNIT A
ARCADIA, CA 91006
RECOMMENDATION: 1) HEAR STAFF REPORT
2) HEAR THOSE FOR AND AGAINST
3) RECOMMEND THAT THE PLANNING
COMMISSION FIND THIS PROJECT
CATEGORICALLY EXEMPT (15315)
4) ADOPT A RESOLUTION TO APPROVE THE
PROJECT
Associate Planner Liu gave a PowerPoint presentation .
Chairman Horton opened the public hearing.
Hank Jong, project engineer, will comply with the conditions of approval.
Chairman Horton closed the public hearing.
Commissioner 0 Leary made a motion to approve Conditional Use Permit 12-
1816 and Tentative Parcel Map 71828 and find that this item is categorically
exempt seconded by Vice-Chairman Cordes and carried roll call vote .
AYES:
NOES:
ABSENT:
Commissioner-Curran, Leung , O'Leary, Cordes, Horton
Commissioner-None
Commissioner-None
C. PUBLIC HEARING -THE PLANNING COMMISSION WILL CONSIDER A
ZONING CODE AMENDMENT RELATING TO SECTION 9633:
DEVELOPMENT STANDARD AND DESIGN CRITERIA.
RECOMMENDATION: 1) HEAR STAFF REPORT
2) HEAR THOSE FOR AND AGAINST
3) RECOMMEND THAT THE PLANNING
COMMISSION FIND THIS PROJECT
CATEGORICALLY EXEMPT (15061)
4) RECOMMEND THAT THE CITY COUNCIL
ADOPT AN ORDINANCE APPROVING THE
ZONING CODE AMENDMENTS
Associate Planner Gulick gave a PowerPoint presentation.
Chairman Horton opened the public hearing.
Jim Clift, Temple City resident, asked if the zoning code amendment would
affect the EB5 program .
Planning Commission Minutes
November 13 , 2012
Page 4
Director of Community Development Masura, believed that the zoning code
amendment would be consistent with the EBS program.
Chairman Horton closed the public hearing .
Vice-Chairman Cordes recommended the City Council to adopt by Ordinance
a zoning code amendment relating to section 9633, development standard and
design criteria and find that this item is categorically exempt seconded by
Commissioner Leung and carried roll call vote.
AYES:
NOES:
ABSENT:
Commissioner-Curran, Leung , O'Leary, Cordes, Horton
Commissioner-None
Commissioner-None
8. COMMUNICATIONS-None
9. MATTERS FROM CITY OFFICIALS-None
10. COMMISSION ITEMS SEPARATE FROM THE REGULAR AGENDA
A. COMMISSIONER CURRAN-None
B. COMMISSIONER LEUNG-None
B. COMMISSIONER O'LEARY-Wished the public a happy Thanksgiving.
C. VICE-CHAIRMAN CORDES None
D. CHAIRMAN HORTON -Wished the public a happy Thanksg iving and
thanked all veterans who have served our country.
Director of Community Development Masura announced his retirement,
updated the Planning Commission regarding the upcoming Las Tunas Drive
community workshop and of The Gateway project.
11. ADJOURNMENT
The Planning Commission Meeting was adjourned at 8:04p.m. to the Planning
Commission Regular Meeting of January 8, 2013 at 7:30p.m . in the Council
Chambers at 5938 Kauffman Avenue.
Chairman
Planning Commission Minutes
November 13 , 2012
Page 5
Secretary