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ORDINANCE NO. 00 -852U
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMPLE CITY ENACTING A MORATORIUM UNDER THE
PROVISIONS OF SECTION 65858 OF THE GOVERNMENT CODE
UPON COMMERCIALLY ZONED PROPERTY LOCATED WITHIN
THE CRA SURVEY AREA ADOPTED BY RESOLUTION NO. 00 -3960,
AND MAKING THIS ORDINANCE IMMEDIATELY EFFECTIVE.
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN AS FOLLOWS:
SECTION 1. Pursuant to Section 65858 of the California Government Code and the case of
Tahoe v. ECR (216 F.3d 764), the City Council finds and determines that it is necessary in order to protect
the public health, safety and welfare to adopt as an urgency measure this interim ordinance prohibiting
the uses herein after set forth.
SECTION 2. This ordinance shall remain in effect for a period of 45 days unless further
extended pursuant to the provisions of said Section 65858, and all city ordinances and regulations
inconsistent herewith are hereby suspended during the term of this ordinance for 45 days or as it may be
extended.
SECTION 3. The City Council finds that it has adopted Resolution No. 00 -3960 establishing a
new Survey Area for the Temple City Community Development Agency along Las Tunas Boulevard, and
bounded on the East by Rowland Avenue, on the West by Rosemead Boulevard, on the North by Woodruff
Avenue and on the South by Workman Avenue. The Council further finds that it necessary and essential
that such area be protected from developments that are considered inimical to the proposed
Redevelopment Plan of this area during the study area and until a Redevelopment Plan is formalized.
SECTION 4. Except as set forth below, any and all development within the commercially zoned
property (Downtown Specific Plan Boundaries) of the CRA Survey Area as established by Resolution No.
00 -3960 is hereby prohibited, and the Building and Zoning Departments are instructed to issue no
entitlement permits during the term of this Ordinance.
The following uses are exempt from this Ordinance:
1) Any project for which a building permit has been obtained prior to the effective date of
this ordinance (e.g. GP Wedding Studio)
2) Any facade improvement (e.g. Coldwell Banker)
3) Any remodel which does not result in the addition of more than 500 square feet of new
floor area (e.g. former Mayflower Restaurant)
4) Any tenant improvement to accommodate a re -use of an existing structures (e.g. new
Fisher Pharmacy at Las Tunas /Temple City Blvd.)
5) Any requested entitlement such as a conditional use permit and /or zone variance for the
re -use of an existing building (e.g. Federation of World Peace & Love)
6) Any minor alteration or remodel to comply with current Code requirements such as
seismic safety or ADA standards (e.g. Grace International Beauty Supply)
7) Any addition to an existing residential dwelling in a residential zone, provided said
dwelling is in full compliance with all applicable zoning criteria (e.g. re- roofing /bedroom)
Ordinance No. 00 -852U
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SECTION 5. The City Council finds that there is an immediate threat to the public health,
safety and welfare (with regard to the Survey Area), and that the approval of additional subdivisions, use
permits, variances, building permits, or any other entitlement for use which is required in order to comply
with a zoning, building or other ordinance, would result in that threat to public health, safety or welfare.
SECTION 6. The City Council finds that this urgency Ordinance is categorically exempt from
CEQA as an emergency action.
SECTION 7. The City Clerk shall certify to the passage and adoption of this urgency Ordinance
and shall cause the same to be published according to law.
SECTION 8. The effective date of this urgency ordinance shall be October 25, 2000.
PASSED, APPROVED AND ADOPTED this 25th day of October, 2000.
ATTEST:
City Clerk
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I, City Clerk of the City of Temple City, do hereby certify that the foregoing urgency ordinance,
Ordinance No. 00 -852U, was introduced as an urgency Ordinance at a special meeting of the City Council ,
of the City of Temple City held on the 25th day of October, 2000, and was duly passed, approved and
adopted by said Council, approved and signed by the Mayor and attested to by the City Clerk at a special
meeting held on the 25th day of October, 2000, by the following vote:
AYES: Councilman- Breazeal, Brook, Gillanders, Wilson, and Souder
NOES: Councilman-None
ABSENT: Councilman-None
City Cler
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