HomeMy Public PortalAbout08_8A_Grocery StoreCOMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: April 20, 2021
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
By: Scott Reimers, Community Development Director
SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 21-1055
AMENDING ARTICLE 9-1T (SPECIAL USES) OF THE ZONING CODE
RELATED TO NEW GROCERY STORES
RECOMMENDATION:
The City Council is recommended to:
1.Introduce Ordinance No. 21-1055 for first reading by title only, amending Article 9-1T
(Special Uses) of the Zoning Code related to grocery stores;
2.Waive further reading of Ordinance No. 21-1055 (Attachment “A”); and
3.Schedule the second reading of Ordinance No. 21-1055 for May 4, 2021.
BACKGROUND:
1.On December 5, 2017, the City Council adopted Ordinance No. 17-1029 adopting the
Crossroads Specific Plan (CSP).
2.On January 7, 2020, the City Council adopted Urgency Ordinance No. 20-1038U
which enacted a 45-day moratorium within the MU-C zone of the CSP on public market
uses and the subdivision of parcels and tenant spaces.
3.On February 18, 2020, the City Council extended the moratorium for 10 months and
15 days.
4.On December 15, 2020, the City Council extended the moratorium for six months to
July 7, 2021.
AGENDA
ITEM 8.A.
City Council
April 20, 2021
Page 2 of 3
5. On February 2, 2021, the City Council initiated an amendment to the Crossroads
Specific Plan and the Zoning Code related to tenant subdivisions, grocery stores,
public food markets, land and air subdivisions, requiring mixed-use or housing as part
of new construction, and related policy changes to the CSP.
6. On March 23, 2021, the Planning Commission held a public hearing on the proposed
amendments. The Commission voted to recommend that the City Council amend the
CSP and the zoning code without any changes.
ANALYSIS:
On February 2, 2021, the City Council initiated an amendment to the Zoning Code related
to performance standards for grocery stores, citywide.
Due to some peculiarities of grocery stores some cities require these uses to obtain a
conditional use permit. Instead of requiring this additional public hearing process, staff is
proposing to set citywide performance standards on grocery stores to be established after
the date the adopting ordinance becomes effective. These standards would also apply
within the CSP. The standards relate to:
• Limits on alcohol sales,
• Security cameras,
• A security plan,
• Loading dock utilization and maintenance,
• Providing exterior windows,
• Limitation on the number and size of accessory uses,
• Locating kiosks,
• Recycling facilities,
• Quality and maintenance of the interior improvements,
• Vending machines indoors, and
• Limiting the sale of goods on the exterior.
A complete list of regulations can be found in Section 1 of Ordinance No. 21-1055
(Attachment “A”). For additional background and context please refer to staff report 8.C
“Adoption of Ordinance No. 21-1054 amending the Crossroad Specific Plan” of this
agenda.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
The City has analyzed the proposed amendment and determined that it is exempt from
environmental review under the California Environmental Quality Act (“CEQA”) in
accordance with:
• Section 21084 CEQA (list of exempt classes),
City Council
April 20, 2021
Page 3 of 3
• Section 15305 (minor alterations to land use limitations),
• Section 15060(c)(2) (the activity will not result in a direct or in a reasonably
foreseeable indirect physical change in the environment),
• Section 15061(b)(3) (CEQA applies only to projects which have the potential for
causing a significant effect on the environment), and
• Section 15378 (the activity does not meet the definition of a project as it does not
have the potential for resulting in either a direct physical change in the environment,
or a reasonably foreseeable indirect physical change in the environment).
STRATEGIC GOALS:
This action furthers the City Strategic Goals of Good Governance and Economic
Development by setting standards and processes that will assist the City in achieving its
economic development goals.
FISCAL IMPACT :
Adoption of this Ordinance will not have any impact on the Fiscal Year 2020-21 City
Budget.
ATTACHMENT:
A. Ordinance No. 21-1055
Attachment A
ORDINANCE NO. 21-1055
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-19 PERTAINING
TO GROCERY STORE PERFORMANCE STANDARDS
WHEREAS, due to the operations of grocery stores that results in unique land use impacts, the
City desires to amend the Zoning Code to address grocery store performance standards
citywide; 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 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 4.1 Development Compatibility. Require that development is located and designed to assure compatibility among land uses, addressing such elements as building orientation and setbacks, buffering, visibility and privacy, automobile and truck access, impacts of noise and lighting, landscape quality, and aesthetics.
Ordinance No. 21-1055
Page 2 of 4
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 development standards to address and
alleviate impacts associated with grocery store operations.
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: TCMC Article 9-1T (SPECIAL USES) is amended to add Section 9-1T-19, as
follows:
“9-1T-19: GROCERY STORE:
All grocery stores established after the effective date of this section must abide by the following
standards.
A. Existing loading docks must comply with the requirements of Section 9-1E-6 to the
extent physically feasible.
B. Alcohol sales areas must not be no more than 10 percent of the interior square footage
of the market.
C. Fresh food (not canned, dried, or frozen) must be at least 25 percent of the interior
square footage of the market.
Ordinance No. 21-1055
Page 3 of 4
D. General merchandise (excluding pharmaceuticals, vitamins, greeting cards, and
toiletries and including housewares, toys, and similar merchandise) must not be more
than 5 percent of the interior square footage of the market.
E. Accessory uses including fast casual or fast food, banks, pharmacies, and other similar
uses (excluding public food markets) determined by the Community Development
Director are permitted. The total floor area of accessory uses must not exceed 15
percent of the interior building area.
F. A security plan must be reviewed and approved by the Community Development
Director and continually instituted if calls for service to the Los Angeles County Sheriff’s
Department exceeds the City average for a grocery store.
G. Exterior windows without tinting must be provided on at least 25 percent of the front
elevation of building’s main entrance facade.
H. Recycling facilities (including collection facilities and reverse vending machines) must be
indoors.
I. All kiosks, unattended collection boxes, vending machines, online retailer lockers, and
such must be located indoors.
J. Products for sale outside of the business must be limited to flowers, plants, and
seasonal decorative items. Items displayed outdoors must be displayed using high
quality materials such as finished wood.
K. Items for sale indoors must not be stored or displayed in or on cardboard boxes, plastic
crates and boxes, metal crates, pallets, wire shelves, or bakery shelves.
L. The Community Development Director may restrict loading dock utilization if complaints
to code enforcement or the Los Angeles County Sheriff’s Department exceed the City
average for a grocery store.
M. Fluorescent or LED light tubes shall be shielded from view.
N. Aquariums and the like must be maintained in good condition. This includes free of algae
and debris. Glass must be kept clean.
O. The grocery store must provide high quality video cameras inside and outside of each
entrance and make such videos available to the Los Angeles County Sheriff’s
Department when requested. Videos must be kept for 15 days.
SECTION 2: 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,
Ordinance No. 21-1055
Page 4 of 4
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 3: 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 4: 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 ______, 2021.
________________________
Vincent Yu, Mayor
ATTEST: APPROVED AS TO FORM:
________________________ _______________________
Peggy Kuo, City Clerk Greg Murphy, City Attorney