HomeMy Public PortalAboutCity Council_Ordinance No. 21-1055_Grocery Store Performance Standards_RegularORDINANCE 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 9-1 C-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
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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
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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 9-1 E-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. All electronic kiosks, unattended collection boxes, vending machines, online retailer
lockers, and such must be located indoors.
H. Items displayed outdoors must be displayed using high quality materials such as finished
wood, and not pallets, cardboard, or plastic crates and boxes.
I. 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.
J. 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.
K. Fluorescent or LED light tubes shall be shielded from view.
L. Aquariums and the like must be maintained in good condition. This includes free of algae
and debris. Glass must be kept clean.
M. 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 Sheriffs
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
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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 1st day of June, 2021.
Vincent Yu, Mayor
ATTEST: APPROVED AS TO FORM:
Peggy o,`City Clerk
Gre.'Murphy, C.i ., ttorney
Ordinance No. 21-1055
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State of California)
County of Los Angeles)
City of Temple City)
I, Peggy Kuo, City Clerk of the City of Temple City, do hereby certify that the foregoing
Ordinance was introduced on the 18th day of May, 2021, and was adopted by the City Council of
the City of Temple City at the regular meeting on the 1St day of June, 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 K o, ity Clerk