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HomeMy Public PortalAbout07) 9A_Ordinance 21-1055_New Grocery StoresCOMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: May 18, 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 requested 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 June 1, 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 9.A. City Council May 18, 2021 Page 2 of 5 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 and considered the proposed Zoning Code amendments related to grocery store uses. The Commission voted to recommend that the City Council amend the zoning code without any changes. 7. On April 20, 2021, the City Council held a public hearing on the item and continue d the public hearing to May 18, 2021. ANALYSIS: Based on discussion at the City Council’s meeting on April 20, 2021 changes have been made to the Ordinance and additional information is provided. Attachment “B” provides the Ordinance from the April 20, 2021 in strikethrough format; showing the deletions and additions made to address the City Council ’s input. Floor Area Minimums and Maximums: Minimum and maximum floor area requirements related to general merchandise has been removed. To address the issue of general merchandise stores that sell groceries (such as Target and Walmart), staff added a definition for clarification that is consistent with existing grocery store uses. The recommended definition for a grocery store includes a note that general merchandise stores that sell groceries are not grocery stores and will be classified as general retail. The Ordinance includes a requirement that fresh food (not canned, dried, or frozen) must make up at least 20 percent of the floor area. This requirement was included to incentivize grocery stores that provide access to healthy, fresh foods (General Plan Land Use Policy 6.1). Discount grocers, such as Grocery Outlet, that have a limited amount of fresh food could either increase the amount of fresh food or apply for a business license as a “Retail sales, 10,000 square feet or greater” use, which requires a conditional use permit (CUP). The proposed Ordinance also includes a limitation on the maximum amount of alcohol sales. It is conceivable that a large liquor store would provide a minimal amount of groceries in an effort to be classified as a grocery store to avoid the CUP process. The proposed Ordinance was amended to increase the maximum percentage of floor area dedicated to alcohol sales from 10 to 15 percent to account for grocery store uses such as a Trader Joe’s, which tends to have a greater percentage of floor area dedicated to alcohol sales than traditional grocery stores such as Ralph’s, Vons, and 99 Ranch Market. City Council May 18, 2021 Page 3 of 5 The limitation on accessory uses (such as banks, coffee stands, juice stands, and fast food) would be maintained to ensure that the grocery store’s focus remains groceries and the use does not become a public food market, which as the City Council knows is separately regulated under a different ordinance. The proposed Ordinance’s limitation on these accessory uses has been reduced from 15 percent to 10 percent after studying the percentage of floor area dedicated to accessory uses at Ralph’s, Vons, and H-Mart stores. In determining the appropriate percentages, staff looked at grocery stores such as Ralph’s, Vons, Pavilions, Trader Joe’s, H-Mart, and Ranch 99. Each of these stores would meet the above requirements. Indoor Recycling: The California Beverage Container Recycling and Litter Reduction Act requires there to be one certified recycling center within one-half mile radius of a supermarket that creates a “convenience zone” (PRC §14571). The purpose of these convenience zones is to provide opportunities to redeem containers near where beverages were purchased. The City has received numerous complaints about the operation of the recycling center at 9470 Las Tunas Drive. One way of lessening the issues associated with recycling centers is to require new grocery stores to provide sufficient space for recycling facilities indoors. This is a growing practice in areas with inclement weather. Typically, these installations use a reverse vending machine (RVM) where recycled materials are inserted into a machine, which scans the items and provides the user with a receipt that is then redeemed for cash at the grocery store checkout line or credit is added to the customers debit or membership card. In Oregon, this system is used by BottleDrop (https://www.bottledropcenters.com/) both in grocery stores and in stand-alone tenant spaces and includes the ability for patrons to drop off whole bags of recycling that are then sorted and credited to the customer’s debit or membership card. Additionally, TOMRA (https://www.tomra.com/en/collection/reverse-vending) has partnered with grocery store chain Hannaford to provide these RVMs in stores. Typically, as a shopper enters the grocery store, they find on one side of the vestibule shopping carts that are stored indoors outside of inclement weather. On the other side of the vestibule is a separate room with RVMs dedicated to recycling. In cases where a convenience zone already contains a recycling center, this space could be used for alternate uses such as shopping cart storage or an accessory retail use. Attachment “C” provides various images of indoor recycling. Kiosks: A requirement that all kiosks, unattended collection boxes, vending machines, and online retailer lockers must be located indoors was changed to provide clarity and now shows that the rule applies to “electronic” kiosks. City Council May 18, 2021 Page 4 of 5 Outdoor Sales: A regulation limiting outdoor sales to flowers and seasonal decorative items was deleted as per the City Council’s discussion and consensus on the item. Instead of focusing on the goods being sold, the regulation was re-focused on how the items would be displayed. Items displayed outdoors would need to be displayed using high quality materials such as finished wood, and not pallets, cardboard, or plastic crates and boxes. Definition: Lastly, a definition for a grocery store was added for clarification purposes. The proposed Ordinance defines a grocery store as a self-service retailer that predominantly sells a combination of foods including, meat, produce, dairy products, household supplies. They also typically sell baked goods, toiletries, over the counter medicines, flowers, alcoholic beverages, stationary, magazines, and pet supplies. Regardless of size, a business that meets the definitional standards for grocery stores will be classified as “Retail sales, under 10,000 square feet” in the land use and permit requirement tables. This means that the business will be permitted by right in the City’s commercial and mixed-use zones. Conditional Use Permit: One goal in drafting this ordinance was to avoid additional discretionary review (such as a CUP) and instead provide performance standards. In theory, this will attract businesses that meet the standards because they know they are permitted by right and do not need any discretionary review. Similar businesses that do not meet the performance standards would still be allowed in the City, of course. These uses that do not meet the requirements of a grocery store can apply for a CUP as a “Retail sales, 10,000 square feet or greater” use. This allows flexibility for businesses while still allowing the City to attract traditional higher-end grocery stores like those named above. 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). City Council May 18, 2021 Page 5 of 5 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 B. Ordinance No. 21-1055 (Strikethrough Format) C. Images of Indoor Recycling 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: The following definition is added to Section 9-1A-12 of the TCMC: GROCERY STORE: A self-service retailer that predominantly sells a combination of foods including, meat, produce, dairy products and household supplies. Grocery stores also typically sell baked goods, toiletries, over the counter medicines, flowers, alcoholic beverages, stationary, magazines, and pet supplies. Grocery stores also meet the performance standards found in 9-1T-19. Regardless of size, grocery stores that meet the grocery store performance standards are classified as “Retail sales, under 10,000 square feet” in the land use and permit requirement tables. Stores that predominantly sell general merchandise and have grocery sections are classified as “Retail sales, 10,000 square feet or greater.” SECTION 2: TCMC Article 9-1T (SPECIAL USES) is amended to add Section 9-1T-19, as follows: Ordinance No. 21-1055 Page 3 of 4 9-1T-19: GROCERY STORE: All grocery stores established after the effective date of this section must abide by the following standards to be classified as “Retail sales, under 10,000 square feet.” A. Existing loading docks must comply with the requirements of Section 9-1E-6 to the extent physically feasible. B. Alcohol sales areas must be no more than 15 percent of the interior square footage of the market. C. Fresh food (not canned, dried, or frozen) must be at least 20 percent of the interior square footage of the market. D. 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 10 percent of the interior building area. E. 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. F. Exterior windows without tinting must be provided on at least 25 percent of the front elevation of building’s main entrance facade. G. Recycling facilities (including collection facilities and reverse vending machines) must be indoors. H. All electronic kiosks, unattended collection boxes, vending machines, online retailer lockers, and such must be located indoors. I. Items displayed outdoors must be displayed using high quality materials such as finished wood, and not pallets, cardboard, or plastic crates and boxes. J. 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. K. 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. L. Fluorescent or LED light tubes shall be shielded from view. M. Aquariums and the like must be maintained in good condition. This includes free of algae and debris. Glass must be kept clean. N. 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. Ordinance No. 21-1055 Page 4 of 4 SECTION 3: 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 4: 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 5: 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 ATTACHMENT B 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: The following definitions are added to Section 9-1A-12 of the TCMC: GROCERY STORE: A self-service retailer that predominantly sells a combination of foods including, meat, produce, dairy products and household supplies. Grocery stores also typically sell baked goods, toiletries, over the counter medicines, flowers, alcoholic beverages, stationary, magazines, and pet supplies. Grocery stores also meet the performance standards found in 9-1T-19. Regardless of size, grocery stores that meet the grocery store performance standards are classified as “Retail sales, under 10,000 square feet” in the land use and permit requirement tables. Stores that predominantly sell general merchandise and have grocery sections are classified as “Retail sales, 10,000 square feet or greater.” SECTION 2: TCMC Article 9-1T (SPECIAL USES) is amended to add Section 9-1T-19, as follows: Ordinance No. 21-1055 Page 3 of 4 “9-1T-19: GROCERY STORE: All grocery stores established after the effective date of this section must abide by the following standards to be classified as “Retail sales, under 10,000 square feet.” 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 1015 percent of the interior square footage of the market. C. Fresh food (not canned, dried, or frozen) must be at least 20 percent of the interior square footage of the market. 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 10 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 electronic 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, and not pallets, cardboard, or plastic crates and boxes. 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. Ordinance No. 21-1055 Page 4 of 4 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 3: 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 4: 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 5: 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 ATTACHMENT CImages of indoor recycling City Council Staff Report May 18,2021 Ordinance 21-1055 a Zone Text Amendment Regarding Grocery Stores 1 ATTACHMENT C BottleDrop 2 Various Reverse Vending Machines 3