HomeMy Public PortalAboutCity Council_Ordinance No. 21-1056_Public Food Market standards_5/4/2021_RegularORDINANCE NO. 21-1056
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY, CALIFORNIA, AMENDING TITLE 9 OF THE
TEMPLE CITY CODE TO ADD SECTION 9-1T-20 PERTAINING
TO PUBLIC FOOD MARKETS, AND OTHER CONFORMING
CHANGES
WHEREAS, on January 7, 2020, the City Council of the City of Temple City ("City") adopted a
moratorium within the MU -C zone of the Crossroads Specific Plan ("CSP") to further study and
address public market uses and the subdivision of parcels and tenant spaces within the MU -C
zone; and
WHEREAS, on February 2, 2021, the City initiated an amendment to the Zoning Code to
address such public market uses citywide; and
WHEREAS, the City desires to amend the Zoning Code to address such public market uses
citywide; and
WHEREAS, the Zoning Code may be amended after Planning Commission's review and
recommendation; and
WHEREAS, on March 23, 2021, the Planning Commission held a duly -noticed public hearing to
consider the amendments in this Ordinance, and after receiving all evidence and public
testimony, voted to recommend adoption of this Ordinance to the City Council; and
WHEREAS, the City Council has held a duly -noticed public hearing to consider this Ordinance,
which amends the Zoning Code, and received all evidence and public testimony on this item;
and
WHEREAS, the City Council finds the Ordinance is consistent with the City's General Plan and
the CSP, as amended, and meets the criterion set forth in Temple City Municipal Code
("TCMC") Sections 9-1C-6, as follows:
1. The proposed amendment to the Zoning Code would not create an internal
inconsistency in the General Plan.
The proposed amendments do not modify the land use designations or densities in the
General Plan Land Use Element. The amendments support the following policies as the
amendments allow for continued economic growth and expansion while setting standards
for their development and use.
LU 2.3 Places to Shop. Provide for and encourage the development of a diversity of uses in
Temple City's downtown core, commercial centers, and corridors to enable residents and
businesspersons to shop locally and reduce the need to travel to adjoining communities.
LU 3.4 Arterial Nodes. Cluster higher density, pedestrian -oriented mixed uses at key
intersections, such as Las Tunas Drive and Rosemead Boulevard, and Las Tunas Drive and
Ordinance No. 21-1056
Page 2 of 6
Temple City Boulevard, to create an active, vibrant, and prosperous commercial
environment.
LU 4.2 High -Impact Uses. Avoid the overconcentration of uses and facilities in any
neighborhood or district where their intensities, operations, and/or traffic would adversely
impact the character, safety, health, and/or quality of life.
Crossroads Policy 2: Promote the development of diverse retail, personal service, and
restaurant uses to serve the needs and interests of the residents of Temple City and its
surrounding market.
Crossroads Policy 3: Ensure uses within the Specific Plan area are compatible with one
another and create synergy and vitality within the plan area.
2. The proposed amendment will not be detrimental to the public health, safety, or welfare
of the city; and
The proposed changes to seek to minimize the impact of uses that could have a negative
impact on the surrounding uses by establishing a conditional use permit process and
development standards.
3. The proposed amendment is consistent with other applicable provisions of this Zoning
Code.
The proposed amendments to the Zoning Code do not create any known internal
inconsistencies. Section 9-1A-5 of the Municipal Code provides instruction in cases where
conflicts occur.
THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDAINS AS
FOLLOWS:
SECTION 1: Table 9-1H-2 (Land Uses and Permit Requirements for Mixed -Use Zone Districts)
in Section 9-1H-2 of the TCMC (LAND USES AND PERMIT REQUIREMENTS) is amended to
add a reference to "Public Food Market" in the list of land uses, as follows:
Land Uses
MU -L
MU -M
Additional Use Requirement
Public Food Market
N
C
See 9-1T-20
The remainder of Table 9-1 H-2 will remain unchanged.
SECTION 2: Table 9-11-2 (Land Uses and Permit Requirements for Commercial Zone Districts)
in Section 9-11-2 of the TCMC (COMMERCIAL LAND USES AND PERMIT REQUIREMENTS)
is amended to add a reference to "Public Food Market" in the list of land uses, as follows:
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Land Uses
NC
LTC
DC
Additional Use Requirement
Public Food Market
C
C
C
See 9-1T-20
The remainder of Table 9-11-2 will remain unchanged.
SECTION 3: Table 9-1J-2 (Land Uses and Permit Requirements for Industrial Zone Districts) in
Section 9-1J-2 of the TCMC (INDUSTRIAL USES AND PERMIT REQUIREMENTS) is amended
to add a reference to "Public Food Market" in the list of land uses, as follows:
Land Uses
Permit Requirement
Additional Use Requirement
Public Food Market
C
See 9-1T-20
The remainder of Table 9-1J-2 will remain unchanged.
SECTION 4: TCMC Article 9-1T (SPECIAL USES) is amended to add Section 9-1T-20, as
follows:
"9-1T-20: PUBLIC FOOD MARKET:
All public food markets must abide by the following.
A. Findings for Approval: The Planning Commission may not approve a conditional use
permit unless the Planning Commission finds:
1. The proposed public food market will include high -quality improvements and
materials.
2. The proposed public food market will be managed by an entity or person with
experience overseeing a successful public food market or similar use.
B. The applicant must submit for the Planning Commission's review and approval a plan for
the mix of tenants and operation. The plan must focus the public food markets vendors
on food and food related products (cookbooks, cooking materials, and ingredients) or
homemade products and crafts. The following guidelines should be used as guidelines
for such a plan.
1. No more than 33 percent of the floor area of the market can be leased to vendors
selling food intended to be consumed onsite.
2. No more than 10 percent of the floor area of the market can be leased to vendors
selling general merchandise.
C. An applicant for a public food market must submit and implement an interior design
program written by a licensed architect which requires quality materials, regulates how to
display products, and sets requirements for keeping spaces clean and well maintained.
The program must include requirements related to counter height, demising partitions,
merchandising, display, lighting, material, storage, and signs.
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D. Stalls must be designed with a rear entrance to provide access and storage.
E. Stalls selling prepared foods for onsite consumption may provide seating at a bar.
F. A communal seating area for patrons to eat foods cooked onsite may be included. If so,
one larger seating area must be provided; smaller seating areas spread throughout the
market may be provided in addition to the larger seating area.
G. Alcohol sales must be limited to one tenant per 30,000 square feet and limited to rare,
high quality, small -batch, or "craft" brews, Single -serve alcohol must not be sold for
offsite consumption. Containers of alcohol less than 8 ounces must not be sold for
offsite consumption.
H. Cigarettes, other tobacco products, other tobacco related products, vaping products and
products containing psycho -tropic cannabis related products must not be sold. Tenants
selling non -psycho -tropic CBD products are limited to one per 30,000 square feet.
I. Non-food vendors must be in non -prominent areas such as along rear walls or in spaces
furthest from the entrance.
J. The market must have its own entrance from the building's main fagade.
K. Flower or seasonal sales stalls must be provided on at least one side of the building's
main entrance unless the market is along a city -owned sidewalk where outdoor sales is
prohibited. In such cases, setting the building back to provide seasonal outdoor sales is
encouraged.
L. In cases where the required parking is not city -owned, the required parking for the
market may be used as an exterior "Market Square" once a week if permitted by or
subject to conditions of the business's conditional use permit or a separate temporary
use permit.
M. Indoor and outdoor displays must be attractive and orderly. Cardboard boxes, plastic
crates, wire shelves, wood pallets and other low -quality storage is not allowed.
N. Besides cooked or prepared foods, the vendors must not sell food or products that
release obnoxious odors. Areas for fish vendors and greengrocers must be maintained
to eliminate odor.
O. The business will be inspected quarterly and pay the Community Preservation inspection
fee as defined in the City's Fee and Fine Schedule."
SECTION 3: Table 9-1 E-1 (Off -Street Parking Requirements) in Section 9-1 E-1 of the TCMC
(PARKING SPACES REQUIRED) is amended by deleting the row for "Public market / specialty
retail food store (with or without ancillary seating)" and replacing it as follows:
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Land Uses
Auto Min.
Auto Max
Bicycle
Public food market
Set by CUP
Set by CUP
Set by CUP
The remainder of Table 9-1 E-2 will remain unchanged.
SECTION 5: The City Council 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 will not affect the
validity of the remaining section or portions of the Ordinance or part thereof. The City Council
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: The City Council finds that this Ordinance is not subject to environmental review
under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections
15305 (Minor Alterations to Land Use Limitations), 15060(c)(2), 15061(b)(3) and 15378 because
the Ordinance involves general policy and procedures concerning minor alterations to land use
limitations and existing uses within certain zones, and it can be seen with certainty that the
Ordinance has no possibility of a significant effect on the environment.
SECTION 9: 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 4th day of May, 2021.
ATTEST:
Peggy Kuo`, City Clerk
APPROVED AS TO ORM:
incent Yu, Mayor
arphy, City orney
Ordinance No. 21-1056
Page 6 of 6
State of California)
County of Los Angeles)
City of Temple City)
1, Peggy Kuo, City Clerk of the City of Temple City, do hereby certify that the foregoing
Ordinance was introduced on the 20th day of April, 2021, and was adopted by the City Council
of the City of Temple City at the regular meeting on the 4th day of May, 2021, and was passed
by the following vote:
AYES: Councilmember — Chavez, Man, Vizcarra, Sternquist, Yu
NOES: Councilmember — None
ABSTAIN: Councilmember— None
ABSENT: Councilmember — None
Peggy KUYo, City