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Home My Public Portal AboutOrdinance 05-9031 1 1 ORDINANCE NO. 05 -903 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY ZONING CODE RELATIVE TO CREATING A NEW ZONING CLASSIFICATION TO BE TITLED THE MIXED USE ZONE (MUZ). THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1. Based upon information contained in the Staff Report to the Planning Commission dated November 8, 2005, and based upon information and discussion in regard to the Negative Declaration as well as information which was provided in the City Council Staff Report dated December 6, 2005 and based testimony received at the Planning Commission meeting of November 8, 2005 as well as testimony which was received at the City Council meeting of December 6, 2005, the City Council hereby amends the Zoning Code of the City of Temple City as described in Section 4 below based upon the findings set forth in Section 2 below and based upon the Environmental Assessment which is discussed in Section 3 below. SECTION 2. The need for a Mixed Use Zone should be based upon the following findings: 1. The City's General Plan currently provides for mixed -use developments in the Downtown Specific Plan Area and in the City's Redevelopment Area. 2. A mixed -use development is appropriate in the more urbanized portion of the City, principally on primary streets and /or in proximity to major transportation corridors. 3. A mixed -use zone will allow a higher level of density than normally allowed in other parts of the City; this higher density would help the City in meeting the goals and objectives of the State Department of Housing and Community Development and the Southern California Association of Governments by providing for a high- density residential land use and more affordable housing opportunities. 4. A mixed -use zoning classification is desirable from the perspective of land use utilization and transition of identified nodes or clusters, which are evolving toward a more urban development pattern as opposed to the traditional suburban land use pattern. 5. A mixed -use development option would provide alternative shopping and dining opportunities as well as opportunities to live in proximity to commercial centers without the need to rely totally on the private automobile. 6. A mixed -use zone would further the overall intent of the Redevelopment Plan and the Downtown Specific Plan in that it would allow for more pedestrian oriented uses, and an environment where shopping, working and living can be realized in a compact geographic area, thus reducing vehicular traffic trips and reducing adverse environmental effects associated with air quality and traffic. SECTION 3. This project (the creation of a MUZ overlay zone without mapping) shall result in no significant effects upon the environment and a Negative Declaration has been prepared in accordance with the State CEQA Guidelines. The initial statement as prepared indicates that there is no potential for adverse impact to the environment as it relates to all wild animals, birds, plants, fish, amphibians and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. Ordinance No. 05 -903 Page 2 SECTION 4. The Planning Commission hereby recommends that the following sections be added to the Temple City Zoning Code: Mixed -Use Zone (MUZ) 9447 - Intent and Purpose A mixed -use development is a development project that consists of residential uses in conjunction with commercial and office uses on a single integrated development site. The mixed -use zone (MUZ) is intended to provide opportunities for mixed -use development projects at appropriate locations in the City where such a development approach is deemed to be consistent with General Plan Policy. The mixed - use zone is also intended to allow for creative and complementary combinations of residential and non- residential uses including office, retail, personal services, public spaces and other community amenities. Development within this zone is intended to revitalize deteriorating commercial areas by integrating residential uses into the commercial fabric to create an active, pedestrian- oriented street life and enhance the vitality of businesses. The mixed -use zone (MUZ) provides for a combined mix of medium and high- density residential development with retail, office and services uses, with the non - retail uses located primarily at the street level to create a pedestrian oriented environment. Development approaches are intended to encourage new housing opportunities, such as residential over retail which are proximate to commercial services and promote pedestrian activity. Plazas, courtyards, outdoor dining and other public gathering spaces and community amenities maybe incorporated into such developments. Development and design focuses on assuring that mixed -use projects are functionally integrated through the relationships between location and types of uses and structures, the efficient use of land, optimal site planning and design elements. Mixed use projects shall also assure that infill development is distributed and designed in a manner sensitive to scale and design to the street environment and that such development incorporates appropriate landscaping and buffering techniques. 9448 — Reclassification Procedure And Development Review The Mixed -Use Zone as set forth in this Section shall be designated as an overlay zone where the General Plan designation of the property is "commercial" and where the minimum site size is one acre. Any development in the Mixed -Use Zone (MUZ) shall require the pre - approval of a Development. Agreement between the applicant/owner and the City in accordance with California Government Code Sections 65864, 65865 and 65866, An application for a change to the Mixed -Use Zone overlay category shall be accompanied by a proposed Development Agreement and a Precise Plan of development which sets forth principal permitted uses, accessory uses and precise development parameters to include but not limited to fully dimensioned plans that show the proposed amount of building square footage by use, detailed architectural drawings showing building elevations and fully dimensioned building scales, detailed descriptions of points of ingress and egress for both pedestrians and vehicles and other associated development details deemed necessary in order to fully evaluate, assess, apply and enforce mitigation measures or conditions of approval. 9449 — Implementation and administration In order to designate a property to the Mixed -Use Zone (MUZ), the parcel shall be designated as commercial on the City's General Plan Land Use Map and the minimum size of the parcel shall be one acre. The reclassification or rezoning process shall be the same as that used for rezoning property in general as set forth in the Zoning Code. Additionally, no property shall be designated or classified as a Mixed Use Zone unless the rezoning request is accompanied by a Development Agreement and a Precise Plan of development. The Development Agreement shall specify the duration of the agreement, permitted uses, allowed density and intensity of the uses, the maximum height and size of the proposed buildings and structures and any provisions for reservation or dedication of land for public purposes. The 1 1 1 1 1 1 Ordinance No. 05 -903 Page 3 benefits of the Agreement to the City, if any, shall also be stated. The Agreement may contain other provisions as permitted in the Government Code. Once signed by all parties to the Agreement, the Agreement shall be recorded with the County Recorder as a Covenant or Deed Restriction upon the property. The Development Agreement and Precise Plan shall contain all pertinent information relative to the proposed development project including fully dimensioned plans that illustrate the total square footage, the building configuration, building height, the amount of parking, floor area ratio, as well as the intensity and density of both commercial and residential land uses. In addition to high- density residential uses, which would be allowed in conjunction with any mixed -use development, special consideration and /or a density bonus shall be awarded when housing is specifically designated and reserved for low or moderate - income households. If the Development Agreement specifies a low income or moderate - income housing component, specific rent and /or sale price parameters shall be incorporated into the Development Agreement to assure that affordable housing is continuously maintained as such. 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. APPROVED AND ADOPTED on this 3rd day of January, 2.06. MAYOR ATTEST: rrr Q . +. City Clerk I, City Clerk of the City of Temple City, do hereby certify that the foregoing Ordinance, Ordinance No. 05 -903, was introduced at the regular meeting of the City Council of the City of Temple City held on the 6th day of December, 2005 and was duly passed, approved and adopted by said Council at their regular meeting held on the 3rd day of January, 2006 by the following vote: AYES: Councilmember - Gillanders, Wilson, Wong, Capra, Arrighi NOES: Councilmember -None ABSENT: Councilmember -None ABSTAIN: Councilmember -None City Clerk --