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HomeMy Public PortalAbout10) 8.B. 2nd READING AND ADOPTION ORD. 13.967AGENDA ITEM 8.13. COMMUNITY DEVELOPMENT DEPARTMENT DATE: February 19, 2013 MEMORANDUM TO: The Honorable City Council FROM: Jose E. Pulido, City Manager Via: Mark Persico, AICP, Co munity Development Director By: Paul Deibel, AICP, Community Development Project Manager Adam L. Gulick, Associate Planner 446 SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 13-967, AN ORDINANCE AMENDING SECTION 9633 SO AS TO ALLOW THE SUBDIVISION OF SHOPPING CENTERS AND MINI -MALLS IN COMMERCIAL AND INDUSTRIAL ZONES IN TITLE 9, CHAPTER 7 OF THE CITY'S MUNICIPAL CODE; AND ESTABLISHING SECTION 9633.0 RELATING TO "PARKING STRUCTURE CONDOMINIUMS OR COMMON OWNERSHIP" IN TITLE 9, CHAPTER 7 OF THE CITY'S MUNICIPAL CODE RECOMMENDATION: The City Council is requested to waive further reading and adopt Ordinance 13-967 (Attachment "A") by title only, amending Section 9633 of the Temple City Municipal Code allowing for the subdivision of shopping centers and mini -malls, and establishing Section 9633.0 "Parking Structure Condominiums or Common Ownership" allowing for separate or common ownership of common parking areas. BACKGROUND: 1. On February 5, 2013, the City Council conducted a public hearing to consider adoption of Ordinance No. 13-967 and to introduce it for first reading (Attachment "B"). Per the request of the City Attorney, Section 9633.0 "Parking Structure Condominiums or Common Ownership" was added to the ordinance. No public comments were received. The City Council also scheduled the second reading of the ordinance for February 19, 2013. 2. Ordinance 13-967 has been revised to reflect the addition of Section 9633.0 "Parking Structure Condominiums or Common Ownership" (Attachment "A"). City Council February 19, 2013 Page 2 ANALYSIS: In line with the City's 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. The proposed code amendment will augment options available for commercial retail developers to attract national tenants and would thereby promote economic development in the community. At the February 5, 2013 City Council Meeting, the City Attorney recommended that the City Council add Section 9633.0 "Parking Structure Condominiums or Common Ownership" to Ordinance No. 13-967. The City Attorney recommended that this section be established to allow for separate or common ownership of common parking areas for mini -malls and shopping center condominium projects. After further review of Ordinance No. 13-967, staff discovered that some language was unintentionally removed from Section 9633.A.2. Since both land and buildings are eligible for subdivision, it is necessary to add language back to Section 9633.A.2 that would specify the minimum floor area for buildings for condominium projects. Therefore, the text underlined below was added back to Section 9633.A.2, as follows: Commercial/office condominium projects shall be restricted to buildings with at least ten thousand (10,000) square feet of floor area. CONCLUSION: The code amendment is necessary for the Municipal Code to coincide with the State of California Subdivision Map Act and promote economic development in the community. Also, establishing Section 9633.0 "Parking Structure Condominiums or Common Ownership" is necessary to help facilitate condominium or common ownership of parking structures or parking garages. City Council approval of Ordinance No. 13-967 will allow for the subdivision of shopping centers and mini -malls in commercial and industrial zones, and allow for separate or common ownership of common parking areas for mini -malls and shopping centers. If approved by the City Council, the code amendments will go into effect Thursday, March 21. 2013. City Council February 19, 2013 Page 3 FISCAL IMPACT: This item does not have an impact on the Fiscal Year (FY) 2012-13 City Budget. ATTACHMENTS: A. Ordinance No. 13-967 B. City Council Staff Report dated February 5, 2013, and attachments thereto Attachment A ORDINANCE NO. 13-967 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; AND TO ESTABLISH SECTION 9633.0 PARKING STRUCTURE CONDOMINIUMS OR COMMON OWNERSHIP. 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 the Zoning Code amendments 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. 4. Establishing Section 9633.0 "Parking Structure Condominiums or Common Ownership" is necessary to allow for separate or common ownership of common parking areas for subdivided shopping centers and mini -malls developments. SECTION 3. This code amendments will not result in any significant effects upon the environment, and is Categorically Exempt per Section 15061(b)(3). The code amendments will not have an effect on the environment, as it is creating an option for financing commercial developments. SECTION 4. Section 9633 of Chaoter 7 of Title 9 of the Municipal Code. Section 9633 of Chapter 7 of Title 9 of the municipal code and are hereby amended to read as follows: TITLE 9 — Zoning Regulations CHAPTER 7— Zoning Code 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 affise buildings with at least ten thousand (10,000) square feet of floor area. aad with twe 3. The minimum unit size for all units within a pFefessieRal gr FAPA nal offinp huildiRg 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 (10,000) 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. If 960 Code; amd. Ord. 93-725) C. Parkina Structure Condominiums or Common Ownership: Condominium or Common Ownership Proiects for oarkino oaraoes and parking structures, including underground or subterranean structures. shall comply with all development criteria contained in the applicable zonina classification. or if the classification is silent, then such criteria as proscribed by the Citv Buildina Official and Communitv Development Director. 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. ATTEST: City Clerk Mayor APPROVED AS TO FORM: 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 5'" day of February, 2013, and was duly passed, approved and adopted by said Council at the regular meeting held on 191h day of February, 2013 by the following vote: AYES: Councilmember- NOES: Councilmember- ABSENT: Councilmember- ABSTAIN: Councilmember- City Clerk Attachment 6 COMMUNITY DEVELOPMENT DEPARTMENT DATE: February 5, 2013 I1' 111;4T[swa ZLoll] 1' TO: The Honorable City Council FROM: Jose E. Pulido, City Manager P__ Via: Paul Deibel, Community Development Project Manager / By: Adam L. Gulick, Associate PlanneW45) SUBJECT: PUBLIC HEARING: CONSIDERATION OF MUNICIPAL CODE AMENDMENT TO MODIFY SECTION 9633, "DEVELOPMENT STANDARDS AND DESIGN CRITERIA" SO AS TO ALLOW 'THE SUBDIVISION OF SHOPPING CENTERS AND MINI -MALLS. RECOMMENDATION: The City Council is requested to: a) Review the attached staff report and Resolution 12-2365PC (Attachment "A") from the November 13, 2012 Planning Commission meeting, recommending that the City Council adopt an ordinance that would modify Municipal Code Section 9633: "Development Standards and Design Criteria"; b) Introduce Ordinance No. 13-967 (Attachment "B") for first reading by title only, amending Municipal Code Section 9633 so as to allow the subdivision of shopping centers and mini -malls in the commercial and industrial zones; and c) Schedule the proposed ordinance for a second reading on February 19, 2013. 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, one of which was to promote economic development of the community. 2. On May 15, 2012, the City Council allocated $8 million of its $21.7 million general fund reserve for economic development initiatives. Staff is in the process of finalizing a project scope for the City's two-year economic development strategy that City Council February 5, 2013 Page 2 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 staffs 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 staffs assessment that the proposed code amendment is categorically exempt from an environmental assessment pursuant to the California Environmental City Council February 5, 2013 Page 4 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 le �Q"R�.��UMehmentA � Staff Report TO: PLANNING COMMISSION DATE: NOVEMBER 13, 2012 FROM: STEVEN M. MASURA �k'17 DIRECTOR OF COMMUNITY DEVELOPMENT BY: ADAM L. GULICK 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 $6 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 individual 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 Commission 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. Temple City Municipal Code, Section 9633: Development Standards and Design Criteria 2. California Government Code, Section 66427 S. Staff Draft Resolution No. 12-2365 PC 4. Draft Ordinance 12-9xx 5. Preliminary Exemption Assessment Sterling Codifiers, Inc, 9633: DEVELOPMENT STANDARDS AND DESIGN CRITERIA: Page 1 of 1 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 (10,000) 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 (10,000) 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.stcrlingcodifiers.corn codebook/printnow.plip 11/9/2012 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 (a)- 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 sights -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 is) 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. Ic) 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. (e) 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 he 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 50019.5 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 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 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 23Q 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 thereto 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 N, Petitioner, date 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 65923, 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 ta), 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 50761 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. 66130. 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 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 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. 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 at least ten thousand (10,000) square feet Resolution No. 12-2365 PC Allow Shopping Centers and Mini -Malls to be subdivided Page 2 of 2 SECTION 4. The secretary shall certify to the adoption of this Resolution I hereby certify that the foregoing Commission of the City of Temple November, 2012 by the following vote: AYES: Commissioner - NOES: Commissioner - ABSTAIN: Commissioner - ABSENT: Commissioner - Chairman Resolution was duly adopted by the Planning City at a regular meeting held on the 13th of 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 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 certain 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: 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; 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 Chaoter 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. Commercialloffice condominium projects shall be effise buildings with at least ten thousand (10,000) square feet of floor area. and -with me (2) eP FA9F9 64GIFieg, hz;l nat ca pwmllled--as 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)nd 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 Ordinance No. 12-9xx was introduced at the regular meeting of the City Council of the City of Temple City held on the (day)"" day of (month), 2012, and was duly passed, approved and adopted by said Council at the regular meeting held on (day)ntl day of (month), 2012 by the following vote: AYES: Councilmember- NOES: Councilmember- ABSENT: Councilmember- ABSTAIN: Councilmember- City Clerk PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination when attached to Notice of Exemption) Name or description of Droiect: Consideration of a Code Amendment to modifv Section 9633 in the Municipal Code, that would permit shopping centers and mini - malls to be subdivided in Commercial Zones. Location: Commercial zoned Droperties throughout the Citv 3. Entity or person undertaking project: x A. Steve Masura, Communitv DevelOcment Director B. Other (Private) (1) Name: (2) Address: 4. Staff Determination_ The City's Staff, having undertaken and completed a preliminary review of this project in accordance with the City's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. _ The proposed action does not constitute a project under CEQA. b. _ The project is a Ministerial Project. C. _ The project is an Emergency Project. d. _ The project constitutes a feasibility or planning study. e, x The project is categorically exempt. Applicable Exemption Class: 15061.b.3 f. The project is statutorily exempt. Applicable Exemption: g. The project is otherwise exempt on the following basis: The project involves another public agency which constitutes the Lead Agency: Name of Lead Agency Date: 10/26/12 Adam L. Gulick Staff 7102 Attachment B up A ORDINANCE NO. 13-967 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, 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: 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 Chanter 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. CommerciallOffice 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 1`14 -medical Office buildiags-with at least ten thousand (10,000) square feet of floor area. Andwithtv (2) 9F more stories. Shopping -Gen t= -s ,..a rn;-: 3. The minimum unit size for all units 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 4 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 e day of February, 2013, and was duty passed, approved and adopted by said Council at the regular meeting held on 19'" day of February, 2013 by the following vote: AYES: Councilmember- NOES: Councilmember- ABSENT: Councilmember- ABSTAIN: Councilmember- City Clerk 1 2. 3. 4. 5. Attachment C PLANNING COMMISSION TEMPLE CITY, CALIFORNIA REGULAR MEETING MINUTES NOVEMBER 13, 2012 — 7:30 P.M. CALL TO ORDER — Chairman Horton ROLL CALL — Commissioners Curran, Leung, O'Leary, Cordes, Horton 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 PLEDGE OF ALLEGIANCE PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA - None CONSENT CALENDAR (Roll Call Vote) Commissioner O 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 SUBMITTED AYES: Commissioner -Curran, Leung, O'Leary, Cordes NOES: Commissioner -None ABSENT: Commissioner -None ABSTAIN: 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: 9608 WORKMAN AVE CASE NUMBERS: CONDITIONAL USE PERMIT 12-1813 TENTATIVE PARCEL MAP 71596 Planning Commission Minutes November 13, 2012 Page 2 APPLICANT /PROPERTY OWNER: ENGINEER: THE POON 1994 TRUST 2485 CUMBERLAND ROAD SAN MARINO, CA 91108 ENGLES SHEN & ASSOCIATES, INC. 1111 CORPORATE CENTER DRIVE, #302 MONTEREY PARK, CA 91754 RECOMMENDATION: 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 Commission regarding the recommendation to continue. Chairman Horton opened the public hearing. Chairman Horton closed the public hearing. Commissioner O 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: Commissioner -Curran, Leung, O'Leary, Cordes, Horton NOES: 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: 5528 SULTANA AVENUE CASE NUMBERS: CONDITIONAL USE PERMIT 12-1816 TENTATIVE PARCEL MAP 71828 APPLICANT /PROPERTY OWNER: 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 O 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: Commissioner -Curran, Leung, O'Leary, Cordes, Horton NOES: Commissioner -None ABSENT: 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 EB5 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: Commissioner -Curran, Leung. O'Leary, Cordes, Horton NOES: Commissioner -None ABSENT: Commissioner -None a. 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 NORTON - Wished the public a happy Thanksgiving 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 8:04 p.m. to the Planning Commission Regular Meeting of January 8, 2013 at 7:30 p.m. in the Council Chambers at 5938 Kauffman Avenue. Chairman Planning Commission Minutes November 13, 2012 Page 5 Secretary