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HomeMy Public PortalAboutOrdinance 02-865U1 1 1 ORDINANCE NO. 02 -865U AN URGENCY ORDINANCE OF THE CITY OF TEMPLE CITY MODIFYING AND EXTENDING ORDINANCE 02 -864U RELATING TO A MORATORIUM FOR THE DOWNTOWN SPECIFIC PLAN AREA. The City Council of the City of Temple City does ordain as follows: Section 1. Ordinance No. 02 -864U was adopted by this City Council on January 22, 2002 for a period of 45 days as an urgency ordinance under California Government Code Section 65858 imposing (pursuant to the findings set forth therein) a moratorium for the Downtown Specific Plan area. The purpose and intent of the moratorium is to prevent the establishment of any additional uses which may further hinder the City's ability to effectuate a downtown area with a core group of complimentary uses. The Council further finds that said Ordinance 02 -864U and this Ordinance 02 -865U are exempt from CEQA both as emergency and temporary actions, but also because under the citations contained in Ordinance 02 -864U these Ordinances are designed to protect the environment during a sensitive and developing period. Section 2. The Council further finds that progress has been made since the adoption of Ordinance 02 -864U. Staff has begun the process of evaluating various components of the Downtown Specific Plan in formulating appropriate changes to better ensure viable commercial developments in the future. Staff has also contacted economic development consultants to obtain appropriate advice and input regarding economic considerations. Further, staff is devising a comprehensive business attraction and retention program, which will assist in addressing the detrimental effects of current conditions. As on on -going measure, the City has intensified code enforcement efforts and has greatly expanded the availability of the City's Fagade Improvement Program. Completion of these endeavors as well as other contemplated actions, will address current adverse circumstances and set the stage for a viable revitalization of this aging commercial district. Section 3. It is necessary that Ordinance 02 -864U be extended beyond the initial 45 -day period in order to protect against potential adverse impacts and long -term cumulative adverse impacts. Staff has published the requisite Notice for a hearing on February 15, 2002 for an extension of 10 months and 15 days. Section 4. Except as set forth below, any and all development projects, discretionary permits and land use entitlements within the Downtown Specific Plan Boundaries are hereby prohibited, and the Community Development Department is instructed to issue no entitlement permits during the term of this Ordinance. The following are exempt from this Ordinance: 1) Any project for which a building permit has been obtained prior to the effective date of Ordinance No. 02 -864U. 2) Any facade improvement. 3) Any remodel or routine maintenance, which does not result in the addition of more than 500 square feet of new floor area. 4) Any tenant improvement to accommodate a re -use of an existing structure, provided the new use does not require discretionary review; and further provided that within the City Center (CC) District this exemption shall apply only to a new "retail" use within an existing building. 5) Any minor alteration or remodel to comply with current Code requirements such as seismic safety or ADA standards. Ordinance No. 02 -865U Page 2 6) Any Conditional Use Permit application which was considered at a noticed public hearing, prior to enactment of the initial urgency ordinance, adopted on January 22, 2002. 7) In accordance with RLUIPA issues, religious and quasi - religious entities shall be temporarily allowed until such time as RLUIPA has been finally adjudicated, provided on- site parking is provided to accommodate the assembly use, subject to any RLUIPA regulations to the contrary. Said parking requirement for assembly purposes within the City of Temple City is set forth in Article IX, Chapter 1, Part X of the Temple City Zoning Code. Section 5. Clarification of Ambiguity — In conjunction with this moratorium, the following clarification shall apply to the re -use of restaurants: Neither this Moratorium nor a Conditional Use Permit shall apply when a restaurant is re- established by non - structural remodeling, which does not: 1) substantially increase the seating capacity; 2) increase the floor area of the restaurant; or 3) alter the business operation so that it could further impact traffic or parking. Section 6. Ordinance 02 -864U is hereby extended for an additional period of 10 months and 15 days to January 22, 2003, based upon the findings contained in this Ordinance as well as findings enumerated in the City Council Staff reports and findings discussed at the City Council meeting of March 5, 2002 relative to this matter. The findings made in Ordinance 02 -864U are repeated herein. 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 March 5th, 2002. PASSED, APPROVED, AND ADOPTED on this 5th day of March, 2002. MAYOR ATTEST: rhaA)-(E City Clerk 1, City Clerk of the City of Temple City, do hereby certify that the foregoing urgency Ordinance, Ordinance No. 02 -865U, was introduced as an urgency Ordinance at a regular meeting of the City Council of the City of Temple City held on the 5th day of March, 2002, and was duly passed, approved and adopted by said Council, approved and signed by the Mayor and attested by the City Clerk at a regular meeting held on the 5th day of March, 2002 by the following vote: AYES: Councilman - Souder, Wilson, Zovak, Vizcarra, Gillanders NOES: Councilman -None ABSENT: Councilman -None