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HomeMy Public PortalAboutCity Council_Ordinance No. 20-1052U_Extension of a moratorium on the subdivision of any parcel within the MU-C District for 6 months_12/15/2020_RegularORDINANCE NO. 20-1052U AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, EXTENDING THE MORATORIUM ON THE SUBDIVISION OF ANY PARCEL WITHIN THE MU -C DISTRICT, THE SUBDIVISION OF EXISTING BUILDINGS INTO NON- RESIDENTIAL TENANT SPACES, AND THE CONVERSION OF EXISTING SPACES TO, OR THE CREATION OF, NEW PUBLIC MARKET USES, FOR A PERIOD OF SIX MONTHS The City Council of the City of Temple City ordains as follows: SECTION 1. Findings. The City Council finds as follows: A. Pursuant to Government Code sections 36937 and 65858, the City Council of the City of Temple City ("City") has adopted Ordinance No. 20-1038U and 20-1039U as an urgency measure to establish a moratorium on public market uses and the subdivision of tenant spaces and parcels within the Crossroads Specific Plans' MU -C District (the "Interim Ordinance"). Ordinance No. 20-1038U was effective for 45 days or January 7, 2020 to February 21, 2020. Ordinance No. 20-1039U, is effective for 10 months and 14 days or from February 22, 2020 to January 7, 2021. B. During these moratoria, the City has studied its land use regulations related to public markets, subdivisions of tenant spaces, and subdivisions of parcels. C. Pursuant to Government Code section 65858(d), the City has issued a report relative to the steps taken to alleviate the conditions that necessitated the adoption of the Interim Ordinance, which report is incorporated by this reference. D. However, further time is necessary for further studies, reports, and consideration of a comprehensive ordinance and/or specific plan amendment, addressing regulation of such uses. E. Pursuant to Government Code section 65858, the City may, after notice and a public hearing, extend the Interim Ordinance for an additional year. F. Failure to extend this moratorium would impair the orderly and effective implementation of contemplated amendments to the Crossroads Specific Plan and the municipal code. G. The City Council further finds that extension of this moratorium is a matter of local and City- wide importance and is not directed towards any particular person or entity. SECTION 2. Environmental Review. The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; rather it prevents changes in the environment pending the completion of the contemplated specific plan or municipal code review. SECTION 3. Extension of Moratorium. The recitals, text, moratorium and findings made in Urgency Ordinance No. 20-1038U and 20-1039U are reaffirmed, readopted and incorporated into this ordinance by reference. In accordance with Government Code section 65858(a), and pursuant to the findings stated above, the City Council hereby: (1) finds that there exists a current and immediate threat to the public health, safety, and welfare requiring this interim urgency ordinance; (2) finds that this ordinance is necessary for the immediate preservation of the public peace, health, and safety as set forth herein; and (3) declares and extends this moratorium, necessary for the immediate preservation of the public health, safety and welfare, as set forth below: A. For a period of six months from January 7, 2021 to July 7, 2021, no permits, licenses, approvals, or entitlements may be issued for: Ordinance 20-1052U Page 2 of 3 1. the subdivision of any parcel within the MU -C district; 2. the creation of new non-residential tenant spaces within existing retail uses within the MU -C district. This provision is not intended to prevent the lease or use of the building in its current configuration; and 3. the use or conversion of existing spaces for public market use within the MU -C district. B. The following definitions apply to this ordinance: "Mixed -use project" means mixed use projects integrating residential and commercial uses in accordance with the standards outlined in the Crossroads Specific Plan. "Public market" means a diverse medley of owner -operated shops or stalls, selling any combination of groceries, baked goods, flowers, beverages, arts and crafts, and other types of items. C. Exception. This ordinance will not apply to a subdivision for the purpose of developing a mixed -use project. SECTION 4. Study and Report. City staff is directed to study and analyze issues related to minimum parcel sizes, regulations applicable to "public markets", and regulations applicable to non- residential tenant spaces, within the MU -C district, in preparation for potential modifications to the Crossroads Specific Plan. Staff is directed to provide a written report to the City Council at least ten days prior to the expiration of this ordinance or any extension, in accordance with State law. SECTION 5. Effective Date and Duration. This ordinance is an urgency ordinance enacted under California Government Code section 65858(a). This urgency ordinance is effective upon adoption by a 4/5th vote of the City Council and will extend the moratorium for a period of six months (until the July 7, 2021 expiration date) unless extended by the City Council in accordance with California Government Code section 65858. SECTION 6. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 7. Publication. The City Clerk is directed to certify this ordinance and cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED December 15, 2020. ATTEST: Peggy Kuo, City Clerk Tom Chavez ayor APPROVED AS TO F Greg ), y, City Attor‘y— Ordinance 20-1052U Page 3 of 3 I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No. 20-1052U was introduced, passed, approved, and adopted at the regular meeting of the City Council of the City of Temple City held on December 15, 2020 by the following vote: AYES: Councilmember — Man, Sternquist, Vizcarra, Yu, Chavez NOES: Councilmember — None ABSENT: Councilmember— None ABSTAIN: Councilmember— None P Peggy Ku , City Clerk AAA