HomeMy Public PortalAbout07) 8A 2nd Reading of ordinance noCity Council
August 21 , 2012
Page 2
5 . On July 24, 2012 , the Planning Commission conducted a noticed public hearing
and made a recommendation to the City Council to approve the Parking
Concession Agreements code amendment and adopt the Negative Declaration .
6 . On August 7, 2012 , the City Council conducted a public hearing to consider
adoption of Ordinance No . 12-959 and introduced the draft Ordinance for first
reading (Attachment "B ").
7. On August 14, 2012 , RBF Consulting presented their downtown parking study
findings and preliminary recommendations at a Special Joint Meeting between the
City Council, Planning Commission , and Public Safety Commission .
ANALYSIS:
With the assistance of the City Attorney, staff researched parking concession
agreements and is recommending that a section be added to the City 's Municipal Code.
The Parking Concession Agreements would allow the City to work with future
businesses and developers in addressing the City's parking shortage . At the same time,
the Parking Concession Agreements would promote economic development by helping
to address high level of vacancies , assist in creating pedestrian oriented developments,
promote shared parking, and encourage alternative modes of transportation.
1. Current Parking Conditions
In recent years , the City has experienced a shortage of parking in the City's
downtown , other commercial areas , and shopping centers . Given the City 's current
parking codes and requirements , these parking issues created challenges in
satisfying all parking needs for store employees and customers . The increased
dependence on personal automobiles for getting around, and a shift from retail stores
to restaurants and professional offices in the City are among the factors that have
contributed to the City 's parking challenges related to various supply, demand,
parking management, and enforcement issues.
Currently, if a new business or developer is unable to comply with the City's off street
parking standards , the only option for them is to apply for a Zone Variance or seek
another location . Over the past 10 years, the City's Planning Commission has
considered 17 Zone Variance requests for businesses or developers that were
unable to provide required parking with only one request denied . If the City continues
to approve Zone Variances for new businesses or developments with insufficient
parking , the parking shortage will remain an issue for commercial properties .
City Council
August21 ,2012
Page 3
The City has experienced an influx of restaurants in the City Center Commercial (CC)
District of the City's Downtown Specific Plan area over the past few years , causing
parking shortages in some public parking lots. In the CC District , someone wanting to
add ground floor area is not required to provide additional on-site parking .
Additionally, a new business that intensifies a location or requires more parking on-
site (i.e ., restaurant or medical office) compared to a general office or retail store are
also not required to provide additional parking.
Parking shortages and related issues have been a deterrent for national restaurants
or retailers to open in Temple City . There are many instances when new tenants
wanting to locate in Temple City are not able to meet the City's current parking
requirements. Also , many national tenants have certain minimum parking space
requirements to take a site into consideration. Staff has met with several businesses
and property owners that have experienced difficulties in locating businesses or filling
vacancies due to these parking issues.
2. Proposed Parking Solutions
The proposed Parking Concession Agreements would facilitate options for meeting
these important business attraction goals and the associated parking needs issues
through the criteria and negotiated conditions included in the ordinance. The On -site
Parking Reduction option of the ordinance addresses the need to accommodate a
business on a property that cannot provide the parking spaces required , or in other
words , that has an on-site parking shortage. The Development Standards Reduction
option of the ordinance addresses the need to provide incentives for excess parking
in new development. Please refer to Ordinance 12-959 (Attachment "A") for the
specific criteria and process for approval.
The Parking Concession Agreements would provide the City with a tool to work with
future businesses and developers by allowing shared parking agreements with
adjacent or nearby properties with excess parking . It could also be used as a tool to
negotiate with a developer to build excess parking, and allowing them in return to
build additional floor area, exceed maximum height requirements , etc. The excess
parking could facilitate shared parking or lease arrangements with other properties
that have parking shortages as well.
The mitigation fee allows for the City to negotiate with a new business or developer to
assist in the cost of parking related improvements , such as to provide new public
parking lots or parking structures, assist in funding a trolley or other transportation
improvements and programs. Rather than the City continue to approve Zone
Variances or allow more intense uses without alleviating the downtown parking
shortage , the Parking Concession Agreements would provide the City with options or
resources to address specific parking improvements.
City Council
August21,2012
Page 4
It should be noted that the fee that is authorized in lieu of an applicant providing an
agreement to utilize excess parking will be negotiated by the parties. This is unlike a
situation where an in-lieu fee is imposed as a condition of development, and the only
requisite for this fee is that the parties are engaged in the process of contract
negotiation. The suspended in-lieu parking fee for the downtown area imposed as a
condition of development will be brought back to the City Council in the future . For
now, however, we have consulted with the City Attorney's office and the Parking
Concession Contract in-lieu fee is well within the authority of the City Council to
authorize .
CONCLUSION:
The proposed Parking Concession Agreements would be beneficial to the City in
several ways . They would promote economic development, assist in creating
pedestrian oriented developments , promote shared parking , and encourage alternative
modes of transportation . Therefore, the City Council is requested to make a motion
adopting Ordinance No . 12-959 for second reading by title only.
FISCAL IMPACT:
This item does not have an impact on the Fiscal Year (FY) 2012-13 City Budget.
ATTACHMENTS:
A. Ordinan c e No . 12-959
B . City Council Staff Report dated August 7 , 2012 and attachments thereto
ORDINANCE NO. 12-959
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMPLE CITY, CALIFORNIA , ADDING SECTION
9290.5 TO ARTICLE J OF CHAPTER 1 OF TITLE 9 OF
THE TEMPLE CITY MUNICIPAL CODE REGARDING
CONCESSION AGREEMENTS FOR OFF STREET
PARKING
Attachment A
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS
FOLLOWS:
SECTION 1. Findings. The City Council determines and finds as follows:
A. Based on testimony received from residents and business owners over the course
of several years, and the commission of parking studies , the Council determines there to
be a shortage of off street parking within the City sufficient to meeting the reasonable
needs of residents, visitors to the City, and employees and customers of businesses within
the City . The Council finds the off street parking shortage to be detrimental to the health ,
safety and welfare of the res idents and business of the City.
B. In an attempt to alleviate the off street parking shortage , the City has acquired and
developed several public parking lots in the downtown area, has allowed for resident
parking by permit on several streets, has allowed loading zones for businesses , and has
encouraged modes of travel other than by automobile . Despite these efforts , a shortage of
available off street parking remains within the City.
C. It is therefore necessary for the City to initiate additional programs to encourage
new and creative means of addressing the off street parking shortage . The Council finds
that it serves a public purpose to enter into Parking Concession Agreements to either (1)
reduce the off street parking requirements for a project in exchange for other
improvements or fees that will increase parking opportunities for the benefit of the general
public or that will significantly reduce the off street parking demand generated by the
project or (2) provide an excess of off street parking available to the general public in
exchange for concess ions regarding site design or other requirements imposed under Title
9 of the Municipal Code. Section 9290 .5 of Title 9 of the Municipal Code is added to
accomplish this purpose .
SECTION 2. Addition of Section 9290 .5 of Title 9 of the Municipal Code. Section
9290 .5 is added to Article J of Chapter 1 of Title 9 of the municipal code and reads as
follows :
9290.5: PARKING CONCESSION AGREEMENTS:
A. General. Pursuant to authority granted by Section 400 of the Temple
City Charter, and the other parking standards and requirements of Article J,
LA #4825-1548-aGG2 v 4
Title 9 notwithstanding, the city may enter into an agreement with an owner
or developer of a facility that would require off street parking ("Parking
Concession Agreement"). Through the Parking Concession Agreement the
city may grant to the owner or developer of the project, as provided in this
section, either (1 ) a decrease in the off street parking requirements that
would otherwise be requ ired for the project under the provis ions of Article J
of Title 9 ("Off Street Parking Reduction"); or (2) certain concess ions related
to site design standards or other zoning standards under the provisions of
Title 9 that would otherwise be imposed upon the project ("Site Development
Standards").
B . Review and Approval. The Community Development D irector, or
his/her designee shall develop an appl ication form for a Parking Concession
Agreement. The City Counci l shall determine a permit fee, to be established
by Resolution, equal to the reasonable cost of reviewing and considering the
application . Any owner or developer of a project seeking a Parking
Concess ion Agreement shall complete and submit an application , together
with such other information the Community Development Director may
reasonably request. An application shall be submitted to the Planning
Commission for review and recommendation at a public hearing noticed
pursuant to Government Code Section 65090. The recommendation of the
Planning Commission shall then be forwarded to the City Council for
consideration at a public hearing noticed pursuant to Government Code
Section 65090. Approval of a Parking Concess ion Agreement shall exempt
the project from compliance with those standards and requirements of Title 9
of the mun icipal code as are provided for in the agreement conditioned upon
comp liance with the terms and conditions of such Agreement.
C . Onsite Parking Reduction . An owner or developer seeking a
Parking Concession Agreement that will reduce the off street parking
requirement for a proposed project shall meet the following criter ia :
LA #,1825-1 548-:lGG2 v 4
(1) The off street parking reduction is not greater than 25%,
unless a greater reduction is determ ined by the city to be warranted
under the circumstance; and
(2) The off street parking reduction does not create a reasonably
foreseeable adverse impact on traffic circulation , public safety or the
environment; and
(3) The owner/developer has obtained a written agreement
appropriate for recordation entitling the proposed project to share off
street parking with one or more adjacent or proximately located sites
which provide sufficient excess off street parking to absorb the
proposed reduction in off street parking on the applicant's site ; or
alternatively, the owner/developer will pay an off street parking impact
mitigation fee as determined to be warranted by the city under the
circumstances; or some combination of the above ; and
(4) The owner/developer agrees to construct improvements
(whether on site or off-site) that encourage and facilitate alternative
modes of transportation and that promote transportation demand
management and trip reduction measures including but not limited to
provision of bicycle racks and/or lockers , electric vehicle charging
stations, bus turnouts, bus shelters and shuttle services from public
parking facilities or off site private parking facilities.
D. Site Development Standards Reduction . An owner or developer
seeking a Parking Concession Agreement that will partially or entirely
exempt a proposed project from complying with certain specified site
development standards shall meet the following criteria:
(1) The proposed project will supply a surplus of off street parking
of at least 1 0% in excess of the project's peak parking requirement
unless a lower surplus is determined by the city to be warranted
under the circumstance, and
(2) A covenant must be recorded against the proposed project
site ensuring availability of any surplus off street parking provided
through a Parking Concession Agreement for general public use or
for dedicated use on a site adjacent or proximate to the proposed
project as approved by the city; and
(3) The amount and location of any such surplus off street parking
provides reasonably convenient pedestrian access from the surplus
parking location to other commercial uses in the vicinity ; and
(5) The amount and location of any off street surplus parking to be
provided is consistent with any city-adopted plans concerning the
supply of off street parking in the community, if applicable, and
(6) The site development standards reduction requested does not
create a reasonably foreseeable adverse impact on public safety or
the environment.
E. Building Regulations. Concessions regarding off street parking
requirements or site development standards shall not include Building
Regulations adopted pursuant to Title 7 of the Temple City Municipal Code
or that are otherwise imposed by state or federal law.
F. Authority. The City retains exclusive authority to enter into a Parking
Concession Agreement. The City may choose to enter or reject a Parking
L A #-18 2 :i-1548-:3662 v4
Concession Agreement based on an individualized analysis of the particu lar
off-site parking facility at issue.
SECTION 3. 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 unconstitutio nal 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 4. 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 __ day of 2012.
MAYOR
ATTEST : APPROVED AS TO FORM :
City Clerk City Attorney
LA#4825·1548-3GG2 v4
I , Peggy Kuo , City Clerk of the City of Temple City, hereby certify that the foregoing
Ordinance No. was introduced at the regular meeting of the City Council of the
City of Temple City held on the _ day of __ 2012, and was duly passed, approved
and adopted by said Council at the regular meeting held on , 2012 by the
following vote :
AYES:
NOES:
ABSENT:
City Clerk
LA #4825-l MS-aGG2 v 4
City Council
August7,2012
Page2
2. As part of the City's two year work plan for 2011-2013, the City Council, Planning
Comm ission, and Public Safety Commiss ion directed staff to look at ways to
address the City's current parking issues.
3. In October 2011 , the City obtained the services of RBF Consulting to conduct a
downtown parking study and strategic plan , and a city-wide traffic calming study
and master plan, both of which are currently in progress.
4 . On July 12, 2012, a Public Notice was published in the Temple City Tribune that
the Planning Commission would conduct a public hearing on July 24, 20 12.
5 . On July 24, 2012, the Planning Commission conducted a noticed public hearing
and made a recommendation to the City Council to approve the Parking
Concession Agreements code amendment and adopt the Negative Declaration.
The minutes of this meeting are attached as Attachment "D ...
6. On August 14, 2012, RBF Consulting will be presenting their downtown parking
study f indings and prel iminary recommendations at a Special Joint Meeting
between the City Council , Planning Commission, and Public Safety Commission.
ANALYSIS:
With the assistance of the City Attorney, staff researched parking concession
agreements and is recommending that a section be added to the CifYs Municipal Code.
The Parking Concession Agreements would allow the City to work with businesses,
developers and property owners in addressing the City's parking shortage. At the same
time, the Parking Concession Agreements would promote economic development by
helping to address high level of vacancies, ass ist in creating pedestrian oriented
developments, promote shared parki ng , and encourage alternative modes of
transportation .
1. Current Parking Conditions
In recent years, the City has experienced a shortage of parking in the City's
downtown, other commercial areas, and shopping centers. Given the City's current
parking codes and requirements, these parking issues created challenges in
satisfying all parking needs for store employees and customers. The increased
dependence on personal automobiles for getting around, and a shift from retail
stores to restaurants and professional offices in the City are among the factors
that have contributed to the City's parking challenges related to various supply,
demand, parking management, and enforcement issues.
City Council
August7,2012
Page3
Currently, if a new business or developer is unable to comply with the City's off
street parking standards, the only option for them is to apply for a Zone Variance
or seek another location. Over the past 10 years, the City's Planning Commission
has considered 17 Zone Variance requests for businesses or developers that were
unable to provide required parking, of which 16 were approved, and only one
request was denied . If the Planning Commission continues to approve Zone
Variances for new businesses or developments with insufficient parking, the
parking shortage will remain an issue for commercial properties.
The City has experienced an influx of restaurants in the City Center Commercial
(CC) District of the City's Downtown Specific Plan area over the past few years,
causing parking shortages in some public parking lots. In the CC District, someone
wanting to add ground floor area is not required to provide additional on -site
parking. Additionally, a new business that intensifies a location or requires more
parking on-site (i.e ., restaurant or medical office) compared to a general office or
retail store are also not required to provide additional parking.
Parking shortages and related issues have been a deterrent for national
restaurants or retailers to open in Temple City. There are many instances when
new tenants wanting to locate in Temple City are not able to meet the City's
current parking requirements. Also, many national tenants have certain minimum
parking space requirements to take a site into consideration. Staff has met with
several businesses and property owners that have experienced difficulties in
locating businesses or filling vacancies due to these parking issues.
2. Proposed Parking Solutions
The proposed Parking Concession Agreements would facilitate options for
meeting these important business attraction goals and the associated parking
needs issues through the criteria and negotiated conditions included in the
ordinance. The On-site Parking Reduction option of the ordinance addresses the
need to accommodate a business on a property that cannot provide the parking
spaces required, or in other words, that has an on-site parking shortage. The
Development Standards Reduction option of the ordinance addresses the need to
provide incentives for additional parking in new development. Please refer to
Ordinance 12-959 (Attachment "C") for the specific criteria and process for
approval.
The Parking Concession Agreements would provide the City with a tool to work
with future businesses and developers by allowing shared parking agreements
with adjacent or nearby properties with excess parking. It could also be used as a
tool to negotiate with a developer to build excess parking, and allowing them in
return to build additional floor area, exceed maximum height requirements, etc.
City Council
August7,2012
Page4
The excess parking could facilitate shared parki ng or lease arrangements with ot her
properti es that have parking shortages as well.
The m itigation fee allows for the City to negotiate with a new business or
developer to assist in the cost of parking related improvements, such as to provide
new public parking lots or parking structures, assist in funding a trolley o r other
transportation improvements and programs. Rather than the City continue to
approve Zone Variances or allow more intense uses without alleviating the
downtown parking shortage, the Parki ng Concession Agreements would provide the
City with options or resources to address specific parking improvements.
It should be noted that the fee that is authorized in lieu of an applicant providing an
agreement to utilize excess parking will be negotiated by all parti es . This is unlike
a situation where an in-lieu fee is imposed as a cond ition of development, and the
only requ isite for this fee is that the parties are engaged in the process of contract
negotiation. However, we have consulted with the City Attorney's office and the
Parking Concession Contract in-lieu fee is well with in the authority of the City
Council to authorize.
CONCLUSION:
The proposed Parking Concession Agreements would be beneficial to the City in several
ways. They would promote econom ic development, assist in creating pedestrian oriented
developments, promote shared parking , and encourage alternative modes of
transportation. Therefore, the City Council is requested to adopt the Negative Declaration
and introduce Ordinance No . 12-959 for first reading by title only.
FISCAL IMPACT:
This item does not have an impact on the Fiscal Year (FY) 2012-13 City Budget.
AlTACHMENTS:
A. PC Staff Report dated July 24, 2012, and attachments thereto
B. Planning Commission Resolution No. 12-2355 PC
C. Draft Ordinance No. 12-959
D. Draft Plann ing Commission Minutes dated July 24, 2012
Attachme nt A ~~~MEMORANDUM
TO :
FROM:
BY:
S t aff Report
PLANNING COMMISSION
STEVEN M . MASURA
DIRECTOR OF COMMUNITY DEVELOPMENT
ADAM L. GULICK
ASSOCIATE PLANNER
DATE : July 24, 2012
SUBJECT: PUBLIC HEARING: ZONING CODE AMENDMENT TO CREATE
SECTION 9290.5 -PARKING CONCESSION AGREEMENTS .
BACKGROUND
In recent years , the City has experienced parking related issues in the City's downtown ,
other commercial areas, and shopping centers . The parking issues and problems
experienced create challenges in satisfying all parking needs for employees and
customers, given the City's current parking codes and requirements. The increased
dependence of personal automobiles for getting around , and a shift from retail stores to
restaurants and professional offices in the City are among the factors that have contributed
to the City's parking challenges related to various supply, demand , parking management,
and enforcement issues.
As part of the City's two year work plan, t he City Council, Planning Commission and
Public Safety Commission have directed staff to look at ways to address the City's
current parking issues. In October 2011 , the City obtained the services of RBF
Consulting to conduct a downtown pa rking study and strategic plan , and a city-wide
traffic ca lming study and master plan, both of which are currently in progress. Similar
park ing challenges exist in commerc ial shopping centers throughout the City. W ith the
assistance of the City Attorney, staff have researched parking concession agreements
and are recommending that a section be added to the City's Zoning Code.
DISCUSSION
There are several reasons the proposed Parking Concession Agreements section would
benefit the City. The Parking Concession Agreements would allow the City to work with
future businesses and developers in addressing the City's parking shortage. At the
same time, the Parking Concession Agreements would promote economic development
by helping to address high level of vacancies , assist in creating pedestrian oriented
developments, promote shared parking , and encourage alternative modes of
transportation.
Planning Commission: July 24, 2012 2
Parking Concession Agreements Code Amendment
The Parking Concession Ag reements would provide the City with a tool to work with
future businesses and developers by allowing shared parking agreements with adjacent
or nearby properties with excess parking . It could also be used as a tool to negotiate
with a developer to build excess parking, and allowing them in return to build additional
floor area, exceed maximum height requirements, etc. As part of the negotiating, the
City may also require future businesses or developers to install bi cycle lockers (long
term) for employees and bicycle racks (short term) to help reduce the parking demand and
to compliment the recently adopted Bicycle Master Plan . For instance, the Gateway
development was conditioned to provide multiple bicycle racks (short term) and bicycle
lockers (long term) throughout the development to assist in reducing the demand for
parking .
It should also be noted that the City is propos ing to soon begin operating a little-to-no cost
trolley throughout the City that would provide an alternative mode of transportation for all
residents . The trolley route is planned to have stops within a 1 0 minute walk from all
residences . The proposed trolley would provide stops at popular commercial centers
throughout the City and multiple stops along Las Tunas Drive . The exact days and hours
of operation are yet to be determined but will be evaluated to best fit all needs. The City is
currently exploring the different options before finalizing the route and cost of the trolley.
The Parking Concession Agreements may also allow the City to require a business or
developer to contribute to the operation costs of the trolley.
Under the current Zon ing Code and in the C ity's Downtown Specific Plan , if a new
development or business is unable to provide the required number of off-street parking
spaces, the only option for them is to apply for a Zone Variance. In the City Center
Commercial (CC) District of the City's Downtown Specific Plan , a property owner
building additional ground floor area or a more intensive use (restaurant or medical
office) wants to relocate to the CC District, neither of them are required to provide
additional parking or apply for a Zone Variance since there are public parking lots
throughout the CC District. Rather than the City continue to approve Zone Variances or
allow more intense uses in the CC District without alleviating the downtown parking
shortage, the Parking Concession Agreements would for example allow the City to
require a business or developer to contribute towards the costs of the proposed trolley
or pay a fee that will go towards future developments or shared I public parking .
The Parking Concession Agreement process and requirements can be found on the
attached draft Resolution . The owner or developer would submit an application to enter
into a Parking Concession Agreement with the City, and the proposal would require the
review and approval of the Plann ing Commission and City Council. The Parking
Concession Agreement has specific criteria in order for an owner or developer to
receive an onsite parking reduction or development standards reduction.
In order to rece ive a parking reduction, the parking shall be reduced no greater than
25%; does not impact traffic circulation, public safety or the environment; the owner or
developer shall be required to enter into a shared parking agreement, pay an off street
Planning Commission: Ju ly 24 , 2012 3
Parking Concession Agreements Code Amendment
parking impact mitigation fee or combination of the above-mentioned; and the owner or
developer agrees to incorporate certain transportation improvements, whether onsite or
off-site.
In order to receive a site development standards reduction, the proposed proj ect shall
supply off street parking of at least 1 0% in excess of the project's peak parking
requirement; a covenant shall be recorded ensuring that the excess parking is available
for public use; the amount and location of surplus off street parking shall provide
convenient pedestrian access to other commercial uses; the amount and location of any
off street surplus parking shall be consistent with any city-adopted plan; and the site
development standards reduction does not create an impact on public safety or the
environment.
In summary, the proposed Parking Concession Agreements would be beneficial to the
City in several ways -promote economic development, assist in creating pedestrian
oriented developments, promote shared parking and encourage alternative modes of
transportation. With those reasons, staff is recommending that the Planning
Commiss ion recommend that the City Council amend the City's Zoning Code to create
a Parking Concession Agreements section.
On July 12, 2012, a public hearing notice regarding the consideration of a Code
Amendment creating Sect ion 9290 .5-Parking Concession Agreements was published
in the Temple City Tribune. If approved, the item will be heard before the City Council at
their regular meeting on August 7, 2012 .
RECOMMENDATION
Adopt the Draft Resolution recommending that the City Council approve a Negative
Declarat ion and amend the Zoning Code as outlined in the Draft Resolution .
ATTACHMENTS
1. Staff Draft Resolution No . 12-2355 PC
2. Draft Negative Declaration
3. Environmental Checklist
RESOLUTION N0.12·2355PC
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMPLE CITY RECOMMEND ING THAT THE
CITY COUNCIL OF THE CITY OF TEMPLE CITY
APPROVE AN AMENDMENT TO THE TEMPLE CITY
ZON ING CODE CREATING A NEW SECTION RELATING
TO PARKING CONCESSION AGREEMENTS . THE
RECOMMENDED CODE AMENDMENT WOULD CREATE
SECTION 9290.5 IN ARTICLE J OF CHAPTER 1 OF TITLE
9 OF THE TEMPLE CITY MUNICIPAL CODE.
RAFT
The Planning Comm ission of the City of Temple City does hereby reso lve:
SECTION 1. Based upon information presen t ed in Staff Reports dated
July 24, 2012 , and based upon a Public Hearing on July 24, 2012 to consider an
amendment to the Zoning Code, the Plann ing Commission makes the followi ng
find ings :
1. Parking supply and demand and vehicle traffic use pattern changes
over time i n the City have created concerns and challenges to meet
the needs of residents, visitors to the city , and employees and
customers of businesses within the City. These park ing challenges for
both public and private parking are determ ined to be potentiall y
detrimental to the health , safety and welfare of the res idents and
businesses of the City.
2. The City has attempted to improve the parking supply by: acquiring
property and developing several public parkin g lots in the downtown
area ; has allowed for resident parking by permit on several streets; has
allowed loading zones for businesses; and has encouraged modes of
travel other than automobile. Despite all these efforts , these parking
related supply and demand challenges continue to result in safety and
economic issues for residents and bus inesses and related issues to
adequately address new bus i ness and development requests .
3. It is necessary for the City to initiate additional programs to encourage
new and creative means of addressing the City's parking needs. The
Planning Commiss ion finds that it serves a public purpose to create a
Parking Concession Agreement to (1) reduce the off street park ing
requirements for a project in exchange for other improvements or fees
that will increase parking opportun ities for the benefit of the general
public or that will significantly reduce the off street parking demand
generated by the project, or (2) provide an excess of off street parking
available to the general public in exchange for concessions regarding
s ite design or other requirements imposed under Title 9 of the
Mun icipal Code . Section 9290.5 of Title 9 of the Municipal Code is
added to accomplish this purpose.
Resolution No. 12-2355 PC
Parking Concession Agreements Code Amendment
Page 2 of 4
SECTION 2. This project should result in no significant effects upon the
environment, a Negative Declaration has been prepared, and the Planning Commission
recommends that the City Council adopt said Negative Declaration in accordance with
the State CEQA Guidelines . The initial statement as prepared indicates that there is no
potential for adverse impact to the environment as it relates to all wild animals, bi rds,
plants, fish, amphibians and related ecological communities, including the habitat upon
which the wildlife depends for its continued viability.
SECTION 3. The Planning Commission recommends adding Section
9290 .5 of Title 9 of the Municipal Code . Section 9290.5 of Article J of Chapter 1 of Title
9 of the municipal code and reads as follows:
9290.5: PARKING CONCESSION AGREEMENTS:
A. General. Pursuant to authority granted by Section 400 of the Temple City
Charter, and the general parking standards and requirements of Article J, Chapter
1 , Title 9 notwithstanding , the city may in its sole discretion enter into an agreement
with an owner or developer of a facility that would requ ire off street parking
("Parking Concession Agreemenf'). Through the Parking Concession Agreement
the city may grant to the owner or developer of the project, as provided in this
section , either (1) a decrease in the off street parking requirements that would
otherwise be required for the project under the provisions of Article J of Chapter 1
of T itle 9 ("Off Street Parking Reduction "); or (2) certain concessions related to site
design standards or other zoning standards under the provisions of Title 9 that
would otherwise be imposed upon the project ("Site Development Standards").
B. Review and Approval. The Community Development Director, or his/her
designee, shall develop an application form for a Parking Concession Agreement.
The City Council shall determine a permit fee, to be established by Resolution,
equal to the reasonable cost of reviewing and considering the application . Any
owner or developer of a project seeking a Parking Concession Agreement shall
complete and submit an application, together with such other information the
Community Development Director may reasonably request. An application shall be
submitted to the Planning Commission for review and recommendation at a public
hearing noticed pursuant to Government Code Section 65090 . The
recommendation of the Planning Commission shall then be forwarded to the City
Council for consideration at a public hearing noticed pursuant to Government Code
Section 65090. The City Council may approve, approve with modifications, or
reject the proposed Parking Concession Agreement in its sole discretion. Approval
of a Parking Concession Agreement shall exempt the project from compliance with
those certain standards and requirements of Title 9 of the Municipal Code as are
designated in the agreement upon the applicant's compliance with the terms and
conditions of such Agreement.
Resolution No. 12-2355 PC
Park ing Concession Agreem ents Code Amendment
Page 3 of4
C. Onsite Parking Reduction. An owner or developer seeking a Parking
Concession Agreement that will reduce the off street parking requirement for a
proposed project shall meet the following criteria :
1. The off street parking reduction is not greater than 25%, unless a
greater reduction is determined by the city to be warranted under the
circumstance; and
2 . The off street parking reduction does not create a reasonably
foreseeable adverse impact on traffic circulation, public safety or the
environment; and
3. The owner/developer has obtained a written agreement appropriate
for recordation entitling the proposed proj ect to share off street parking with
one or more adjacent or proximately-located sites which provide sufficient
excess off street parking to absorb the proposed reduction in off street
parking on the applicant's site; or alternatively, the owner/developer will pay
an off street parking impact mitigation fee as determined to be warranted by
the city under the circumstances ; o r some comb ination of the above ; and
4. The owner/developer agrees to construct improvements (whether
onsite or off-site) that encourage and facilitate alternative modes of
transportation and that promote transportation demand management and
trip reduction measures including but not limited to provision of bicycle racks
and/or lockers, electric vehicle charging stations, bus turnouts, bus shelters
and shuttle services from public parking facilities or off site private parking
facilities .
D. Site Development Standards Reduction. An owner or developer seeking
a Parking Concession Agreement that will partially or entirely exempt a proposed
project from complying with certain specified site development standards shall meet
the following criteria:
1. The proposed project will supply a surplus of off street parking of at
least 10% in excess of the project's peak parking requirement unless a lower
surplus is determined by the city to be warranted under the circumstance ,
and
2 . A covenant must be recorded against the proposed project site
ensuring availability of any surplus off street parking provided through a
Parking Concession Agreement for general public use or for dedicated use
on a site adjacent or proximate to the proposed project as approved by the
city; and
3. The amount and location of any such surplus off street parking
provides reasonably convenient pedestrian access from the surplus parking
Resolution No. 12-2355 PC
Parking Concession Agreements Code Amendme nt
Page 4 of 4
location to other commercial uses in the vicinity; and
4. The amount and location of any off street surplus parking to be
provided is consistent with any city-adopted plans concerning the supply of
off street parking in the community, if applicable, and
5. The site development standards reduction requested does not create
a reasonably foreseeable adverse impact on public safety or the
environment.
E. Building Regulations . Concessions regarding off street parking
requirements or site development standards shall not include Building Regulations
adopted pursuant to Title 7 of the Temple City Mun icipal Code or that are otherwise
imposed by state or federal law.
F. Authority. The City retains exclusive authority to enter into a Parking
Concession Agreement. The City may choose to enter or reject a Parking
Concession Agreement based on an individualized analysis of the particular off-site
parking facility at issue.
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 24th of July,
2012 by the following vote:
AYES:
NOES:
ABSTAIN :
ABSENT:
Commissioner -
Commissioner -
Commissioner -
Commissioner -
Secretary
CALIFORNIA ENVIRONMENTAL QUALITY ACT
NEGATIVE DECLARATION
Applicant: CITY OF TEMPLE CITY
Type of Permit: DISCRETIONARY
FileNo: A ZONING CODE AMENDMENT TO ADD "PARKING CONCESSION
AGREEMENTS" AS SECTION 9290.5 TO ARTICLE J OF CHAPTER 1 OF
TITLE 9 OF THE ZONING CODE REGARDING OFF STREET PARKING
REQUIREMENTS .
Description of the project:
A Zoning Code Amendment to add section "Parking Concession Agreements" to Title 9 of
the Zoning Code to encourage shared parking , promote pedestrian oriented
developments, promote alternative modes of transportation, seek to fill commercial
vacancies and provide flexibility relating to parking standards for new commercial
developments.
DATED: July 10,2012
~GutAt+-J
~~~~~~--~~~~~~~
~ COMM DEVELOPMENT DIRECTOR
CITY OF TEMPLE CITY
Any person may file a protest to the Negative Declaration with the City Clerk prior to the
issuance of the permit or approval of the project. The protest must be in writing and must
state the environmental factors on which the protest is based . The protest shall be
reviewed by the City Manager or his agent. If he finds that the protest is based on one or
more significant environmental factors not previously considered, and which may have a
substantial adverse effect on the environment, the permit shall be suspended and an EIR
shall be processed. The decision of the reviewer shaU ~e fil;tal. Copies of the Initial Study
may be obtained for $1 .00 for the first page and $.25 for each additional page.
PRQJECT TITLE
City of Temple City
ENVIRONMENTAL CHECKLIST FORM
Consideration of a Zoning Code Amendment relative to creating a section titled ~Parking Concession Agreements".
This Hearing will involve the creation of Section 9290.5 to Article J of Chapter 1 of Title 9 of the Zoning Code.
LEAD AGENCY NAME AND ADDRESS
City of Temple City
9701 Las Tunas Drive
Temple City, California 91780
CONTACT PERSON AND PHONE NUMBER
Adam L. Gulick, Associate Planner
(626) 285-2171
PROJECT LOCATION
Citywide
PROJECT SPONSOR'S NAME AND ADDRESS
City of Temple City
9701 Las Tunas Drive
Temple City, California 91780
GENERAL PLAN DESIGNATION
Citywide
ZONING
Citywide
DESCRIPTION OF PROJECT: (Describe the whole action involved, including but not limited to later phases of the
project, and any secondary, support, or off-site features necessary for its implementation. Attach addffional sheets
if necessary).
Consideration of a Zoning Code Text Amendment adding "Parking Concession Agreements" as Section 9290.5 of
Article J of Chapter 1 of Title 9 of the Zoning Code regarding Off Street Parking Requirements. The proposed new
section would encourage shared parking, promote pedestrian oriented developments, promote alternative modes of
transportation, seek to fill commercial vacancies and provide flexibility relating to parking standards for new
commercial developments.
OTHER AGENCIES WHO'S APPROVAL IS REQUIRED CAND PERMITS NEEDED}
None Applicable
\\ TempJe.filesrv\cd cl\ WORD\FORM\Manning\CEQ.A \Code Amenclmen ts\ENV CHKIJSf\CNV CKUSf, Parking Concwion Agrcl:men ls 9290.5.doc
City of Temple City
ENVIRONMENTAL CHECKLIST FORM
Potentially
Potentiall y Sign ificant Less Than
Significant Un le-!is Sign ificant No
Impact Mitigated Impact Impact
1. LAND USE AND PLANNING. Would the proposal:
a. Conflict with general plan designation or D 0 D ~ zoning
b. Conflict with applicable environmental 0 0 0 ~ plans or policies adopted by agencies with
jurisdiction over the project?
c. Affect agricultural resources or operations 0 0 0 11 (e.g. impacts to soils or farmlands, or
impacts from incompatible land uses?
d . Disrupt or divide the physical arrangement 0 0 0 ~ of an established community (including a
low income or minority community?
2. POPULATION AND HOUSING. Would the proposal:
a . Cumulatively exceed official regional or D 0 D ·~
local population projects?
b . Induce substantial growth in an area either D D 0 JJ directly or indirectly (e .g. through projects
in an undeveloped area or extension of
major infrastructure?
c. Displace existing housing, especially 0 0 0
affordable housing?
3. GEOPHYSICAL. Would the proposal result in or
expose people to potential impacts involving:
a. Seismicity: fault rupture? 0 0 0 Jl1
b . Seismicity: ground shaking or liquefaction? 0 0 0 .Kl
c. Seismicity: seiche or tsunami? 0 0 0 ~
d. Landslides or mudslides? D 0 0 ~
e. Erosion, changes in topography or unstable D 0 0 ~ soil conditions from excavation, grading or
fill?
f. Subsidence of the land? 0 D D ~
g. Expansive soils? 0 D D )a
h . Unique geologic or physical features? 0 D D ~
ENVIRONMENTAL IMPACTS
Potentially
Pote nti all y Significant Less Than
Sign ificant Unl ess S1gnificant No
Impac t Mitigated Impact Impact
4. WATER. Wou ld the proposal resul t:
a. Changes in absorption rates, drainage D D 0
patterns, or the rate and amount of surface
runoff?
b. Exposure of people or property to water 0 D 0 ~ related hazards such as flooding?
~ c. Discharge into surface waters or other D D D
alterations of surface water quality (e.g.
temperature, dissolved oxy gen or turbidity?
d. Changes in the amount of surface water in D D D J&C any water body?
e. Changes in currents, or the course or D D D lZf dir ection of water movements?
f. Changes in the quantity of ground either D D 0 ~ through direct additions or withdrawals, or
through interceptions of an aquifer by cuts
or excavations?
g. Al tered direction or rate of flow of D D D ~ groundwater?
h. hnpacts to groundwater quality? D D D ~
), Stonn water system discharges from area D D D ¥C for materials storage, vehicle or equipment
fueling, vehicle or equipment maintenance
(including washing), was te handling,
hazardous materials handling or storage
delivery or loading docks, or other outdoor
work area?
J. A significantly environmentally hannful D D D
increase in the flow rate or volume of storm
water runoff?
k. A significantly environmentally harmful D D 0
increase in erosion of the project site or
surrounding areas?
I. Stonn water discharges that would D D 0
significantly impair the beneficial uses of
receiving waters or areas that provide water
quality benefits (e.g., riparian corridors,
wetlands, etc.)?
m. Harm to the biological integrity of drainage D D D ~ systems and water bodies?
ENVIRONMEN TAL IMPACTS
Potent ially
Potc ntiall y Significant Less Than
Significant Unless S1gnificant No
Impa ct Miti gated Impact Impact
5. AIR QUALITY. Would the proposal:
a. Violate any air quality standard or D D D ~ contribute to an existing or projected air
quality violation?
b. Expose sensitive receptors to pollutants? D D D ~
c. Alter a ir movement, moisture, or D D D $1 temperature, or cause any change in
climate?
d. Create objectionable odors? D D D
6. TRANSPORTATION/CffiCULATION. Would the proposal
result in:
a. Increased vehicle trips or traffic congestion? D D D Rl
b. Hazards to safety from design features (e.g. D D D ~ sharp curves or dangerous intersections) or
incompatible uses (e.g. farm equipment) ?
c . Inadequate emergency access or access to D 0 0 ~ nearby uses?
d. Insufficient parking capacity on-site or off-D D ~ D
site?
e . Hazards or barriers for pedestrians or 0 D D ~ bicyclists?
f. Conflicts with adopted policies supporting D D D JlJ alternative transportation (e.g. bus turnouts,
bicycle racks)?
g. Rail, waterborne or air traffic impacts? D D D
7. BIOLOGICAL RESOURCES. Would the proposal result in
impacts to:
a. Endangered, threatened or rare species or D D D
their habitats (including but not limited to
plants, fish, insects, animals, and birds)?
b. Locally designated species (e .g. heritage 0 D D 't)aJ
trees)?
c . Locally designated natural communities 0 0 D ~ (e.g. oak forest, costal habitat, etc.)?
d. Wetland habitat (e.g . marsh, riparian and 0 D D )Sl
vernal pool) ?
ENVIRONMENTAL IMPACTS
PotcntTally
Potentially Significant Less Than
Sigm!icant Un less Significant No
Impact Mitigated Impact Impact
e. Wildlife dispersal or migration corridors? D D D p
8. ENERGY AND MINERAL RESOURCES. Would the
proposal :
a. Conflict with adopted energy conservational D D D ~ plans?
b . Use non-renewable resources in a wasteful D D D ~ and inefficient manner?
9. HAZARDS. Would the proposal involve:
a. A risk of accidental explosion or release of D D D
hazardous substances (including, but not
limited to: oil, pesticides, chemicals or
radiation)?
b. Possible interference with an emergency D D D
response plan or emergency evacuation
plan?
c. The creation of any health hazard or D D D ~ potential health hazard?
d. Exposure of people to existing sources of D D D ~ potential health hazards?
~ e. lncreased fire hazard areas in areas with D D D
flammable brush, grass, or trees?
10. NOISE. Would the proposal result in:
a. Increases in existing noise levels? D D D E1
b. Exposure of people to severe noise levels? D D 0 JiG
11. PUBLIC SERVICES. Would the proposal have an effect upon,
or result in a need for new or altered government services in any
of the following areas:
a . Fire protection? D D 0 RJ
b. Police protection? 0 D D ~
c. Schools? D 0 D RJ
d. Maintenance ofpublic facilities, including 0 D D 181
roads?
ENVIRONMENTAL IMPACTS
Potentially
Potentially Significant Less Than
Significan1 Unless Significanl No
Impact Mitigated Impact Impact
e . Other governmental services? 0 D 0 ~
12 . UTILITIES AND SERVICE SYSTEMS. Would the proposal
result in a need for new systems, or substan tial alterations to the
follow ing utilities?
a . Power or natural gas? 0 0 0 ~
b . Communications systems? 0 0 0 g}
c . Local or regional water treatment or 0 D 0 ~ distribution facilities?
d . Sewer or septic t anks? 0 0 D )0
e . Stonn water drainage? 0 0 0 ~
f. Solid waste disposal? D D D ~
13 . AESTHETICS. Would the proposal:
a . Affect a scenic vista or scenic highway? D 0 D ~
b . Have a demonstrable negative aesthetic effect? 0 0 0 ~
c . Create light or glare? D D 0 ~
14 . CULTURAL RESOUCES. Would the proposa l:
a. D isturb paleontological resources? D D 0 ~
b. Disturb archaeological resources? D D 0 gj
c. Affect historical resources? D 0 0 t29
d . Have the potential to cause a physical change 0
which would affect unique ethnic cultural
0 D f)lJ
values?
e. Restrict existing religious or sacred uses within D D D
the potential impact area?
15 . RECREATION. Would the proposal:
a . Increase the demand for neighborhood or D D D ~ regional parks or other recreational facilities?
b. Affect existing recreational opportunities? 0 0 0 00
ENVIRONMENTAL IMPACTS
Potenually
Pot entially Sign ifican t Less Than
Significant Unless S1gnificant No
Impact Mitigated Impact Impact
16 . MANDATORY FINDINGS OF SIGNIFICANCE
a . Does the project have the potential to degrade 0 D D
the quality of the environment, substantially
reduce the habitat of fish or wildlife species,
cause a fish or wildlife population to drop
below self-sustaining levels, threaten to
eliminate a plant or animal community, reduce
the number or restrict the rang of a rare or
endangered plant or animal or eliminate
important examples of major periods of
California history or prehistory?
b . Does the project have the potential to achieve D 0 D
short.term, to the disadvantage of long-term,
environmental goals?
c. Does the project have impacts that are 0
individually limited, but cumulatively
D 0 1n
considerable? ("Cumulatively considerable"
means that the incremental effects of a project
are considerable when viewed in connection
with the effects of past projects, the effects of
other current projects, and the effects of
probable future projects).
d . Does the project have environmental effects D D D
which will cause substantial adverse effects on
human beings, either directly or indirectly?
DISCUSSION OF ENVIRONMENTAL EVALUATION Page 1
DISCUSSION OF THE ENVIRONMENTAL EVALUATION
60. TRANSPORTATION/CIRCULATION: The City has had a shortage of
parking in the commercial areas along Las Tunas Drive. This is primarily due to the
development pattern of the City's downtown. Most of the properties along Las
Tunas Drive are 25 to 50 feet wide and 150 feet deep, and a majority of the
properties providing only a few parking spaces, if any. The City provides public
parking Jots north and south of Las Tunas Drive, spanning from Cloverly Avenue to
Kauffman Avenue. The increased reliance of personal automobiles for getting
around, and a shift from retail stores to restaurants and professional offices i n the
City's downtown , has also added to the parking shortage in some areas.
In order to accommodate desired businesses in the central part of the City's
downtown (Las Tunas Drive between Cloverly Avenue and Kauffman Avenue), the
City's Downtown Specific Plan was crafted so that more intensified businesses are
not required provide off-site parking spaces. In other districts of the downtown and
commercial zones, businesses are required to provide parking on site if they
intensify the use, i.e. going from a retaiVoffice to a restaurant/medical office. The
only option the City has right now is approving or denying Zone Variances for new
businesses or developments not providing enough parking. The proposed Parking
Concession Agreements would allow the City to work with future businesses or a
developer in addressing the City's parking shortage.
At the same time, the Parking Concession Agreements would promote economic
development by addressing current vacancies, create pedestrian oriented
developments and encourage alternative modes of transportation. It would provide
the City as a tool to work with future businesses or developers by allowing shared
parking agreements with adjacent property owners, requiring fees to go towards
acquiring properties for future public parking, and/or provide more than the
required number of parking spaces for something in return such as additional floor
area, allow the building to exceed height requirements, etc.
The City also recently adopted the City's Bicycle Master Plan (BMP), which will
promote people from using their bicycle to get around town rather than use their
car. The City has already started to require that new businesses provide bicycle
racks as a condition of approval to compliment the BMP . The City could also
require long term storage (bicycle lockers) for employees to help reduce the
parking demand for a particular business or development. For instance, the
Gateway Project is providing multiple bicycle racks (short term) and bicycle lockers
(long term) throughout the development.
It should also be noted that the City will soon begin operating a little~to-no cost
DISCUSSION OF ENVIRONMENTAL EVALUATION Page2
trolley/shuttle throughout the City that would provide an alternative mode of
transportation for all residents that want to shop and/or eat in the City. The City is
considering the trolley/shuttle to run throughout the City with stops being on more
than a 1 0 minute walk. The proposed trolley/shuttle would run every 30-45 minutes
Monday through Saturday, however, the City is still weighing the all options before
finalizing the frequency and route.
RESOLUTION N0.12~2355PC
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 CREATING A NEW SECTION RELATING
TO PARKING CONCESSION AGREEMENTS. THE
RECOMMENDED CODE AMENDMENT WOULD CREATE
SECTION 9290 .5 IN ARTICLE J OF CHAPTER 1 OF TITLE
9 OF THE TEMPLE CITY MUNICIPAL CODE.
Attachment B
The Planning Commiss ion of the City of Temp le City does hereby resolve :
SECTION 1. Based upon information presented in Staff Reports dated
July 24 , 2012 , and based upon a Public Hearing on July 24, 2012 to consider an
amendment to the Zoning Code, the Planning Commission makes the following
findings:
1. Parking supply and demand and vehicle traffic use pattern changes
over time in the City have created concerns and challenges to meet
the needs of residents, visitors to the city, and employees and
customers of businesses within the City. These parking challenges for
both public and private parking are determined to be potentially
detrimental to the health , safety and welfare of the residents and
businesses of the City.
2. The City has attempted to improve the parking supply by: acquiring
property and developing several public parking Jots in the downtown
area; has allowed for resident parking by permit on several streets; has
allowed loading zones for businesses; and has encouraged modes of
travel other than automobile. Despite all these efforts, these parking
related supply and demand challenges continue to result in safety and
economic issues for residents and businesses and related issues to
adequate ly address new business and development requests.
3. It is necessary for the City to initiate additional programs to encourage
new and creative means of addressing the City's parking needs. The
Planning Commiss ion finds that it serves a public purpose to create a
Parking Concession Agreement to (1) reduce the off street parking
requirements for a project in exchange for other improvements or fees
that will increase parking opportunities for the benefit of the general
publ ic or that will sign ificantly reduce the off street parking demand
generated by the project, or (2) provide an excess of off street parking
available to the general public in exchange for concessions regarding
site design or other requirements imposed under T itle 9 of the
Municipal Code. Section 9290.5 of Title 9 of the Municipal Code is
added to accomplish this purpose.
Resolution No. 12-2355 PC
Parking Concession Agreements Code Amendment
Page 2 of 4
SECTION 2 . This project should result in no significant effects upon the
environment, a Negative Declaration has been prepared, and the Planning Commission
recommends that the City Council adopt said Negative Declaration in accordance with
the State CEQA Guidelines. The initial statement as prepared indicates that there is no
potential for adverse impact to the environment as it relates to all wild animals, birds,
plants, fish, amphibians and related ecological communities, including the habitat upon
which the wildlife depends for its continued viability.
SECTION 3. The Planning Commission recommends adding Section
9290.5 of Title 9 of the Mun icipal Code. Section 9290.5 of Article J of Chapter 1 of Title
9 of the municipal code and reads as follows :
9290.5: PARKING CONCESSION AGREEMENTS:
A General. Pursuant to authority granted by Section 400 of the Temple City
Charter, and the general parking standards and requirements of Article J, Chapter
1, Title 9 notwithstanding, the city may in its sole discretion enter into an agreement
with an owner or developer· of a facility that would require off street parking
("Parking Concession Agreement"). Through the Parking Concession Agreement
the city may grant to the owner or developer of the project, as provided in this
section, either (1) a decrease in the off street parking requirements that would
otherwise be required for the project under the provisions of Article J of Chapter 1
of Title 9 ("Off Street Parking Reduction"); or (2) certain concessions related to site
design standards or other zoning standards under the provisions of Titfe 9 that
would otherwise be imposed upon the project ("Site Development Standards").
B . Review and Approval. The Community Development Director, or his/her
designee, shall develop an application form for a Parking Concession Agreement.
The City Council shall determine a permit fee, to be established by Resolution,
equal to the reasonable cost of reviewing and considering the application . Any
owner or developer of a project seeking a Parking Concession Agreement shall
complete and submit an application, together with such other information the
Community Development Director may reasonably request. An application shall be
submitted to the Planning Commission for review and recommendation at a public
hearing noticed pursuant to Government Code Section 65090. The
recommendation of the Planning Commission shall then be forwarded to the City
Council for consideration at a public hearing noticed pursuant to Government Code
Section 65090. The City Council may approve, approve with modifications, or
reject the proposed Parking Concession Agreement in its sole discretion. Approval
of a Parking Concession Agreement shall exempt the project from compliance with
those certain standards and requirements of Title 9 of the Municipal Code as are
designated in the agreement upon the applicant's compliance with the terms and
conditions of such Agreement.
Resol u tion No. 12-2355 PC
Parkin g Concession Agreemen ts Code Amendment
Page 3 of 4
C. Onsite Parking Reduction . An owner or developer seeking a Parking
Concession Agreement that will reduce the off street parking requirement for a
proposed project shall meet the following criteria :
1 . The off street parking reduction is not greater than 25%, unless a
greater reduction is determined by the city to be warranted under the
circumstance; and
2 . The off street parking reduction does not create a reasonably
foreseeable adverse impact on traffic circulation, public safety or the
environment; and
3 . The owner/developer has obtained a written agreement appropriate
for recordation entitling the proposed project to share off street parking with
one or more adjacent or proximately-located sites which provide sufficient
excess off street parking to absorb the proposed reduction in off street
parking on the applicant's site; or alternatively, the owner/developer will pay
an off street parking impact mitigation fee as determined to be warranted by
the city under the circumstances; or some comb ination of the above; and
4. The owner/developer agrees to construct improvements (whether
onsite or off-site) that encourage and facilitate alternative modes of
transportation and that promote transportation demand management and
trip reduction measures including but not limited to provision of bicycle racks
and/or lockers, electric vehicle charging stations, bus turnouts, bus shelters
and shuttle services from public parking facilities or off site private parking
facilities.
D . Site Development Standards Reduction. An owner or developer seeking
a Parking Concession Agreement that will partially or entirely exempt a proposed
project from complying with certain specified site development standards shall meet
the following criteria:
1. The proposed project will supply a surplus of off street park ing of at
least 1 0% in excess of the project's peak parking requirement unless a lower
surplus is determined by the city to be warranted under the circumstance,
and
2 . A covenant must be recorded against the proposed project site
ensuring availability of any surplus off street parking provided through a
Parking Concession Agreement for general public use or for dedicated use
on a site adjacent or proximate to the proposed project as approved by the
city; and
3 . The amount and location of any such surplus off street parking
provides reasonably convenient pedestrian access from the surplus park ing
Resolution No . 12-2355 PC
Parking Concession Agreements Code Amendment
Page 4 of 4
location to other commercial uses in the vicinity; and
4 . The amount and location of any off street surplus parkin g to be
provided is consistent with any city-adopted plans concerning the supply of
off street parking in the community, if applicable , and
5. The site development standards reduction requested does not create
a reasonably foreseeable adverse impact on public safety or the
environment.
E . Building Regulations. Concessions regarding off street parking
requirements or site development standards shall not include Building Regulations
adopted pursuant to Title 7 of the Temple City Municipal Code or that are otherwise
imposed by state or federal law.
F. Authority. The City reta ins exclusive authority to enter into a Parking
Concession Agreement. The City may choose to enter or reject a Parking
Concession Agreement based on an individualized analysis of the particular off-site
park ing facility at issue.
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 241h of July,
2012 by the followi ng vote :
AYES :
NOES:
ABSTAIN:
ABSENT:
Commissioner -Curran, Leung, O'Leary, Cordes, Horton
Commissioner-
Commissioner-
Commiss i oner -
Secretary
~~f1 0 ORDINANCE NO. 12-959
AN ORDINANCE OF THE CITY COUNC IL OF THE CITY
OF TEMPLE CITY, CALIFORNIA, ADDING SECTION
9290 .5 TO ARTICLE J OF CHAPTER 1 OF TITLE 9 OF
THE TEMPLE CITY MUNICIPAL CODE REGARDING
CONCESSION AGREEMENTS FOR OFF STREET
PARKING
Attachment C
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS
FOLLOWS:
SECTION 1. Findings. The City Council determines and finds as follows :
A. Based on testimony received from residents and busi ness owners over the cou rse
of several years, and the commiss ion of parking studies, the Council determ ines there to
be a shortage of off street parking with in the City sufficient to meeting the reasonable
needs of residents, vis itors to the City, and employees and customers of businesses w ithin
the City . The Council finds the off street parking shortage to be detrimental to the health,
safety and welfare of the residents and business of the City.
B . In an attempt to alleviate the off street parking shortage, the City has acquired and
developed several public parking lots in the downtown area, has allowed for resident
parking by permit on several streets, has allowed loading zones for busi nesses, and has
encouraged modes of travel other than by automobile. Despite these efforts, a shortage of
available off street parking remains within the City.
C . It is therefore necessary for the City to initiate additional programs to encourage
new and creative means of addressing the off street parking shortage. The Council finds
that it serves a public purpose to enter into Parking Concession Agreements to either (1)
reduce the off street parking requirements for a project in exchange for other
improvements or fees that will increase parking opportunities for the benefit of the general
public or that will significantly reduce the off street parking demand generated by the
project or (2) provide an excess of off street parking available to the general public in
exchange for concessions regarding site design or other requirements imposed under Title
9 of the Municipal Code. Section 9290 .5 of Title 9 of the Municipal Code is added to
accomplish this purpose .
SECTION 2 . Addition of Section 9290.5 of Title 9 of the Municipal Code. Section
9290.5 is added to Article J of Chapter 1 of Title 9 of the munici pal code and reads as
follows :
9290 .5: PARKING CONCESSION AGREEMENTS:
A. General. Pursuant to authority granted by Section 400 of the Temple
City Charter, and the other parking standards and requirements of Article J,
LA #482G ·l5·18·3662 vJ
Title 9 notwithstanding, the city may enter into an agreement with an owner
or developer of a facility that would require off street parking ("Parking
Concession Agreement"). Through the Parking Concession Agreement the
city may grant to the owner or developer of the project, as provided in this
section , either (1) a decrease in the off street parking requirements that
would otherwise be required for the project unde r the provisions of Article J
of Title 9 ("Off Street Parking Reduction"); or (2) certain concessions related
to site desig n standards or other zoning standards under the provisions of
Title 9 that would otherwise be imposed upon the project ("Site Development
Standards").
B. Review and Aooroval. The Community Development Director, or
his/her designee shall develop an application form for a Parking Concession
Agreement. The City Council shall determine a permit fee, to be established
by Resolution , equal to the reasonable cost of reviewing and considering the
application . Any owner or developer of a project seeking a Parking
Concession Agreement shall complete and submit an application, together
with such other information the Community Development Director may
reasonably request. An application shall be submitted to the Planning
Commission for review and recommendation at a public hearing noticed
pursuant to Government Code Section 65090 . The recommendation of the
Planning Commission shall then be forwarded to the City Council for
consideration at a public hearing noticed pursuant to Government Code
Section 65090. Approva l of a Parking Concession Agreement shall exempt
the project from compliance with those standards and requirements of Title 9
of the municipal code as are provided for in the agreement conditioned upon
compliance with the terms and conditions of such Agreement.
C. Onsite Parking Reduction . An owner or developer seeking a
Parking Concession Agreement that will reduce the off street parking
requi rement for a proposed project shall meet the following criteria:
l...A#-1825·1548-:1662 v4
(1) The off street parking reduction is not greater than 25%,
unless a greater reduction is determined by the city to be warranted
under the circumstance; and
(2) The off street parking reduction does not create a reasonably
foreseeable adverse impact on traffic circulation, public safety or the
environment; and
(3) The owner/developer has obtained a written agreement
appropriate for recordation entitling the proposed project to share off
street parking with one or more adjacent or proximately located sites
which provide sufficient excess off street parking to absorb the
proposed reduction in off street pa rking on the applicant's site; or
alternatively, the owner/developer will pay an off street parki ng impact
mitigation fee as determined to be warranted by the city under the
circumstances; or some combination of the above; and
( 4) The owner/developer agrees to construct improvements
(whether onsite or off-site) that encourage and facilitate alternative
modes of transportation and that promote transportation demand
management and trip reduction measures including but not limited to
provision of bicycle racks and/or lockers, electric vehicle charging
stations, bus turnouts, bus shelters and shuttle services from public
parking facilities or off site private parking facilities .
D. Site Development Standards Reduction. An owner or developer
seeking a Parking Concession Agreement that will partially or entirely
exempt a proposed project from comp lying w ith certain specified site
development standards shall meet the following criteria:
(1) The proposed project will supply a surplus of off street parking
of at least 10% in excess of the project's peak parking requi rement
unless a lower surplus is determined by the city to be warranted
under the circumstance, and
(2) A covenant must be recorded against the proposed project
site ensuring availability of any surplus off street parking provided
through a Parking Concession Agreement for general public use or
for dedicated use on a site adjacent o r proximate to the proposed
project as approved by the city; and
(3) The amount and location of any such surplus off street parking
provides reasonably convenient pedestrian access from the surplus
parking location to other commercial uses in the vicinity; and
(5) The amount and location of any off street surplus parking to be
provided is consistent with any city-adopted plans concerning the
supply of off street parking in the community, if applicable, and
(6) The site development standards reduction requested does not
create a reasonably foreseeable adverse impact on public safety or
the environment.
E. Building Regulations. Concessions regarding off street parking
requirements or site development standards shall not include Building
Regulations adopted pursuant to Title 7 of the Temple City Municipal Code
or that are otherwise imposed by state or federal law.
F. Authority. The City retains exclusive authority to enter into a Parking
Concession Agreement. The Ci ty may choose to enter or reject a Parking
LA #4825-1548-3662 \'4
Concession Agreement based on an individualized analysis of the particular
off-site parking facility at issue.
SECTION 3. Severability. The City Council hereby declares that, should any provision,
section, subsection , parag raph, 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 valid ity 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 4. 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 __ day of 2012.
MAYOR
ATIEST: APPROVED AS TO FORM:
City Clerk City Attorney
LA#-1825-1548-3662 v.f
I, Peggy Kuo, City Clerk of the City of Temple C ity, hereby certify that the foregoing
Ordinance No. was introduced at the regular meeting of the City Council of the
City of Temple City held on the _ day of __ 2012, and was duly passed, approved
and adopted by said Council at the regular meeting hel d on , 2012 by the
following vote:
AYES :
NOES :
ABSENT:
City Clerk
I .... <\ #4825-1548-aGG2 v-1
INITIATION:
1. CALL TO ORDER
PLANNING COMMISSION
TEMPLE CITY, CALIFORNIA
REGULAR MEETING MINUTES
JULY 24, 2012
Attachment D
Chairman Horton called the Planning Commission Regular Meeting to order at 7:30
p.m. in the Council Chambers located at 5938 Kaufmann Avenue, Temple City.
2. ROLL CALL
PRESENT: Commissioners: Curran, Leung, 0' Leary, Cordes, Horton
ABSENT: Commissioners: None
ALSO PRESENT: City Attorney Murphy, Director of Community Development
Masura, Associate Planner Gulick, and Community
Development Secretary Venters
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA
5. CONSENT CALENDAR (Roll Call Vote)
Commissioner O'Leary moved to approve the Consent Calendar, seconded by Vice-
Chairman Cordes and carried by Roll Call Vote.
The Consent Calendar consisted of the following item:
A. APPROVAL OF MINUTES JULY 10, 2012
Recommendation : APPROVE AS SUBMITTED
AYES :
NOES:
ABSENT:
ABSTAIN :
Commissioner-Curran, Leung, O'Leary, Cordes, Horton
Com missioner-None
Commissioner-None
Commissioner-None
6. UNFINISHED BUSINESS -None
7. NEW BUSINESS
A. PUBLIC HEARING -REQUEST TO CONTINUE CONDITIONAL USE
PERMIT AND A TENTATIVE TRACT MAP FOR 5072 SERENO AVENUE TO
THE PLANNING COMMISSION MEETING OF AUGUST 28,2012.
Planning Commission Minutes
July 24, 2012
Page 2
RECOMMENDATION: 1) HEAR STAFF REPORT
2) HEAR THOSE FOR AND AGAINST
3) RECOMMEND THAT THE PLANNING
COMMISSION CONTINUE THE ABOVE ITEM
TO A DATE CERTAIN .
Chairman Horton opened the public hearing.
Chairman Horton closed the public hearing.
Commissioner O'Leary moved to continue to a date certain Continue Use
Permit 11-1801 and Tentative Tract Map 71297, to the Planning Commission
meeting of August 28 , 2012, seconded by Commissioner Leung and
unanimously carried .
AYES:
NOES:
ABSENT :
ABSTAIN:
Commissioner-Curran, Leung, O'Leary, Cordes , Horton
Commissioner-None
Commissioner-None
Commissioner-None
B. PUBLIC HEARING -THE PLANNING COMMISSION WILL CONSIDER AND
RECOMMEND TO THE CITY COUNCIL A ZONING CODE AMENDMENT TO
MODIFY SECTION 9296 RELATING TO REDUCING THE SIZE OF NON-
RESIDENTIAL PARKING AND ALLOW COMPACT PARKING; AND MODIFY
SECTION 9291 RELATING TO OUTDOOR DINING AREAS.
RECOMMENDATION: 1) HEAR STAFF REPORT
2) HEAR THOSE FOR AND AGAINST
3) RECOMMEND THAT THE PLANNING
COMMISSION APPROVE THE NEGATIVE
DECLARATION
4) RECOMMEND THAT THE CITY COUNCIL
ADOPT A RESOLUTION TO APPROVE THE
ZONING CODE AMENDMENTS
Director of Community Development Masura provided an introduction to the
proposed modification of Section 9296 and Section 9291 of the Temple City
Municipal Code.
Associate Planner Gulick gave a PowerPoint presentation.
Chairman Horton opened the public hearing .
Jim Clift, 6012 Encinita Ave ., Temple City CA 91780 expressed concern
regarding the proposed amendments to the parking design standards.
Mark Kokayko temple city resident, felt that the parking amendment should
be reconsidered.
Planning Commiss ion Minutes
July 24, 2012
Page 3
Ousama Nimri , Temple City resident asked the Planning Commission severa l
questions regarding the proposed parking amendments.
Chairman Horton closed the public hearing.
Vice-Chairman Cordes moved to continue the proposed Code Amendment to
Section 9296 and Code Amendment to Section 9291 to the Planning
Commission meeting of August 28, 2012, seconded by Commissioner Leung
and carried by Roll Call Vote .
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioner-Curran, Leung, Cordes, Horton
Commissioner-O'Leary
Commissioner-None
Commissioner-None
C . PUBLIC HEARING -THE PLANNING COMMISSION WILL CONSIDER AND
RECOMMEND TO THE CITY COUNCIL A ZONING CODE AMENDMENT TO
CREATE SECTION 9290.5-PARKING CONCESSION AGREEMENTS.
RECOMMENDATION: 1) HEAR STAFF REPORT
2) HEAR THOSE FOR AND AGAINST
3) RECOMMEND THAT THE PLANNING
COMMISSION APPROVE THE NEGATIVE
DECLARATION
4) RECOMMEND THAT THE CITY COUNCIL
ADOPT A RESOLUTION TO APPROVE THE
ZONING CODE AMENDMENT
Associate Planner Gulick gave a PowerPoint presentation.
Chairman Horton opened the public hearing .
Ousama Nimri, Temple City resident asked the Planning Commission several
questions regarding the proposed Code Amendment.
Mary Kokayko expressed concerns regarding the proposed Parking
Concession Agreements .
Chairman Horton closed the public hearing .
Commissioner O'Leary moved to recommend that the City Council adopt the
draft Resolution, and to approve the Negative Declaration, seconded by
Commissioner Cordes and unanimously carried.
AYES:
NOES:
ABSENT:
Commissioner-Curran, Leung, O'Leary, Cordes, Horton
Commissioner-None
Commissioner-None
Planning Comm is sion Minutes
July 24, 2012
Page 4
ABSTAIN : Commissioner-None
8. COMMUNICATIONS -None
9. MATTERS FROM CITY OFFICIALS -None
10. COMMISSION ITEMS SEPARATE FROM THE COMMUNITY DEVELOPMENT
DIRECTORS REGULAR AGENDA
A. COMMISSIONER CURRAN -None
B. COMMISSIONER LEUNG-None
C. COMMISSIONER O'LEARY-None
C . V ICE-CHAIRMAN CORDES
Thanked the public for their participation .
E. CHAIRMAN HORTON
Echoed the comments by Vice-Chairman Cordes.
11. ADJOURNMENT
The Planning Commission Meeting was adjourned at 9:13p.m . to the Planning
Commission Regular Meeting of August 28, 2012 at 7:30p.m. in the Council
Chambers at 5938 Kauffman Avenue.
Chairman
Secretary