HomeMy Public PortalAbout09_8B_Public Food MarkerCOMMUNITY 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. 21-1056
AMENDING ARTICLE 9-1T (SPECIAL USES) OF THE ZONING CODE
RELATED TO PUBLIC FOOD MARKETS
RECOMMENDATION:
The City Council is recommended to:
1.Introduce Ordinance No. 21-1056 for first reading by title only, amending Article 9-
1T (Special Uses) of the Zoning Code related to public food markets ;
2.Waive further reading of Ordinance No. 21-1056 (Attachment “A”); and
3.Schedule the second reading of Ordinance No. 21-1056 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.B.
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 th e
proposed amendments. The Commission voted to recommend that the City
Council amend the CSP and the zoning code with one change. The Commission
recommended that the staff provide the City Council with a recommendation on the
appropriate parking standard.
ANALYSIS:
On January 7, 2020, the City Council adopted a moratorium on public market uses and
the subdivision of parcels and tenant spaces. After staff conducted a study of public
market uses, the City desired to have regulations for public market uses not only for the
CSP, but also citywide. The purpose of this ordinance is to adopt such regulations for
public food markets within the CSP and citywide. 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.
Public food markets are an old use that is seeing a resurgence with the public’s desire
for experience-based retail, craft or artisanal food products, and fast casual food
service. Given the wide range of types and consequently a wide range of potential
issues, staff recommends requiring a conditional use permit (CUP) approved by the
Planning Commission for any public market in any zone of the City, including within the
CSP. The CUP would include a finding requiring an experienced manager and high-
quality improvements. Since the quality of the retail experience is paramount, staff
recommends requiring an interior design program similar to what malls use. The design
program would be prepared by a licensed architect with experience designing such a
program and would include issues such as lighting, materials, storage, signs,
merchandising, counter heights, and partition walls. Successful markets put in place
caps on the amount of general merchandise and prepared foods. Staff recommends
requiring such a limit on any future market. Staff also recommends prohibiting tobacco
products and requiring liquor sales be limited based on the size of the market and
limited alcohol sales to only higher quality products (no single-serve containers of less
than 16 ounces). Based on the recommendation of the Planning Commission, staff
recommends using the CUP process to determine the appropriate parking standard.
This will allow the applicant to submit a parking study showing the parking demand at
similarly proposed facilities. A complete list of performance standards is listed in
Section 4 of Ordinance No. 21-1056 (See Attachment “A”).
City Council
April 20, 2021
Page 3 of 3
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),
• 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 21-1056
Attachment A
ORDINANCE 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 Co de, 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 divers ity 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 5
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 9-1H-2 will remain unchanged.
SECTION 2: Table 9-1I-2 (Land Uses and Permit Requirements for Commercial Zone Districts)
in Section 9-1I-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:
Ordinance No. 21-1056
Page 3 of 5
Land Uses NC LTC DC Additional Use Requirement
Public Food Market C C C See 9-1T-20
The remainder of Table 9-1I-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 market’s 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, regulate s 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.
Ordinance No. 21-1056
Page 4 of 5
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 s pread 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 façade.
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 5: Table 9-1E-1 (Off-Street Parking Requirements ) in Section 9-1E-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:
Ordinance No. 21-1056
Page 5 of 5
Land Uses Auto Min. Auto Max Bicycle
Public food market Set by CUP Set by CUP Set by CUP
The remainder of Table 9-1E-2 will remain unchanged.
SECTION 6: 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 com petent
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 7: The City Council finds that this Ordinance is not subject to environmental review
under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section s
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 8: 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