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HomeMy Public PortalAboutOrdinance 06-9061 1 ORDINANCE NO. 06 -906 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY ZONING CODE RELATIVE TO THE REAR YARD SETBACK REQUIREMENTS IN THE GENERAL COMMERCIAL (C -2) AND HEAVY COMMERCIAL (C -3) ZONES 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 April 25, 2006, and based upon information and discussion in regard to the draft Negative Declaration as well as information which was provided in the City Council Staff Report dated July 5, 2006, and based on testimony received at the Planning Commission meeting of April 25, 2006, as well as testimony which was received at the City Council meeting of July 5, 2006, 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 Zoning Code amendment is based upon the following findings: 1. The City is in need of modernizing certain areas of the Zoning Code relative to Commercial zones. In particular, the need for a 5 -foot rear yard setback within the C- 2 and C -3 zones is no longer apparent as it encourages "dead space" between separate developments. 2. Currently, the City requires a 5 -foot rear yard setback in the C -2 and C -3 zones; however, from a practical standpoint, this can create a "dead space" between separate developments, which generally are not well maintained, collect trash, and encourage loitering. 3. Currently, all commercial development in the City is subject to a Plan Review process in which commercial development is scrutinized in such a way that would mitigate any concern regarding the separation of commercials buildings relative to adjacent property. The required 5 -foot rear yard setback can actually hinder a project and reduce certain design or site layout scenarios that may result in a better overall project. 4. New Commercial developments are usually subjected to the Conditional Use Permit process, whereby conditions relative to building separation or design can be implemented. 0 SECTION 3. This project (amendments to the Temple City Zoning Code) 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 study 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. SECTION 4. The following amendments are hereby made to the Temple City Zoning Code: N: \Word \Public \Ordinances \Ord. 06 -906 - Elimination of Setback in C -2 and C -3.doc Ordinance No. 06 -906 Page 2 ARTICLE IX CHAPTER 1 — ZONING CODE ARTICLE N. COMMERCIAL DISTRICTS SECTION 9381 STANDARDS OF DEVELOPMENT C. Yards 3. Required rear Yard Areas: No rear yard shall be required. ARTICLE IX CHAPTER 1 — ZONING CODE ARTICLE N. COMMERCIAL DISTRICTS SECTION 9391 STANDARDS OF DEVELOPMENT C. Yards 3. Required rear Yard Areas: No rear yard shall be required. 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 18th day of July, 2006. ;0)Air/Li MAYOR PRO TEM ATTEST: I, City Clerk of the City of Temple City, do hereby certify that the foregoing Ordinance, Ordinance No. 06 -906, was introduced at the regular meeting of the City Council of the City of Temple City held on the 5th day of July, 2006 and was duly passed, approved and adopted by said Council at their regular meeting held on the 18th day of July, 2006 by the following vote: AYES: Councilmember - Arrighi, Gillanders, Wong, Wilson NOES: Councilmember -None ABSENT: Councilmember -Capra ABSTAIN: Councilmember -None City Clerk N: \Word \Public \Ordinances \Ord. 06 -906 - Elimination of Setback in C -2 and C -3.doc 1 1