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HomeMy Public PortalAboutOrdinance 08-919U1 1 ORDINANCE NO. 08 -919U AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY IMPOSING A MORATORIUM UNDER THE PROVISIONS OF SECTION 65858 OF THE CALIFORNIA GOVERNMENT CODE UPON NEW BUSINESSES OTHER THAN RETAIL BUSINESSES IN ANY COMMERCIAL PROPERTY ALONG BOTH SIDES OF LAS TUNAS DRIVE FROM ROWLAND TO SULTANA (THE STUDY AREA) AND DECLARING THIS INTERIM ORDINANCE TO BE AN URGENCY ORDINANCE THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY ORDAIN, AS FOLLOWS: Section 1: Findings: The City Council finds and determines: 1. That the following described area of the City is in need of study and probable rezoning as to allowed uses: The area is: any and all properties fronting on Las Tunas Drive from Rowland on the East to Sultana on the West *(hereinafter "The Study Area'). 2. That the examination of the Study Area is required because of the prevalence in the past, continuing at the present, and the expectation of becoming worse in the future of the following conditions: a) a) A declining sales tax base, caused by the loss of retail businesses to nearby malls, and because of the high rents charged by absentee property owners. b) b) An influx of non - retail businesses such as service or professional shops that do not engender sales taxes. c) c) That the influx of non - retail stores has made the desirability and productivity of the few remaining retail stores unattractive and to some extent unusable. d) d) The decline of the sales tax base is causing and will continue to cause financial difficulties to the City in its ability to provide safety and other community benefits to the City as a whole. e) e) The Study Area is of prime importance to the City as the central and main commercial center for the community, and it has been deteriorating and will continue to deteriorate and is fast becoming a losing proposition as far as city maintenance is concerned. f) f) That these problems individually and synergistically and cumulatively in combination have convinced the Council - by the personal visits and familiarity of the area by the individual council members - that: i) the public health, safety and welfare of the residents (and the public nuisances thereby created have reached an intolerable degree of problems and public nuisance for the residents of that area; that some remedial studies must be made in order to alleviate such problems; and, ii) that a temporary moratorium on further construction and usage is now in order to find a cure for the existing problems (as set forth)and not make the problem and nuisance any worse, while at the same time to enhance the sales tax factors in "The Study Area ". iii) Accordingly, and for the cumulative impacts of all of the foregoing findings, the Council finds that this moratorium is exempt from the requirements of CEQA as a measure to better the environment and the health and welfare of this City. Section 2. Except as set forth below, any and all new business enterprises (except retail businesses as hereinafter defined in Section 4 of this Ordinance) within "The Study Area" are hereby prohibited, and the Community Development (Building, Zoning etc.) and business Licensing Departments of this City are instructed to issue no entitlement permits or licenses during the term of this Ordinance. Section 3. Any and all provisions of the Municipal Code (including zoning, Specific Plans, and the General Plan) inconsistent with this Moratorium shall be suspended during the term of this Ordinance. Section 4. Exceptions to this moratorium shall be: a) Any retail business allowed by the applicable Specific Plan in which it is located, provided at least 50% of its business activity produces sales taxes for the City; (if less than 50 %, it shall not for the purpose of this ordinance be considered a "retail business "); b) All non - retail businesses in the Study Area existing on the date of this Ordinance shall be grand- fathered. c) Any entitlement granted by the staff, the Planning Commission or the Council dated prior to the adoption of this Ordinance d) Any facade improvement; any alteration to comply with code enforcement; any entitlements authorized by State or Federal laws, and as such preempted under court decision from control by the City. e) Any business allowed by present zoning for which a lease has been signed and lease payments actively made prior to the adoption of this Ordinance as evidenced by a cancelled check or signed receipt. Section 5. This Ordinance shall take effect on the 2nd day of April, 2008 and shall remain in effect for 45 days thereafter, and shall then lapse unless extended pursuant to the provisions of G.C, 65858. 1 1 1 1 1 Section 6. The City Council finds that there is an immediate threat to the public health, safety and welfare with regard to "The Study Area ", for the reasons herein set forth, and that the approval of additional non - retail business or any other entitlement for a use which is required in order to comply with a zoning, building, licensing or other ordinance within the "Study Area" would result in exacerbating that threat to the public health, safety and welfare. Section 7. This Moratorium is imposed under the authority of Hernandez v. Hanford 59 Cal Rptr 3d 442 and Wal -Mart v. Turlock 133 Cal App 4th 273. Section 8. If any part, clause or word of this ordinance shall be held by a court to be unconstitutional or otherwise invalid, the City Council declares that such part, clause or word is sever -able, and that it would have adopted this ordinance as to the remaining valid portions. Section 9. The City Clerk shall certify to the adoption of this Ordinance, and shall cause the same to be published according to law. APPROVED AND ADOPTED THIS 1ST DAY OF APRIL, 2008. Mayor ATTEST: City Clerk I, City Clerk of the City of Temple City, do hereby certify that the foregoing Ordinance, Ordinance No. 08 -919U, was introduced as an Urgency Ordinance at the regular meeting of the City Council of the City of Temple City held on the 1st day of April, 2008, and was duly passed, approved and adopted by said Council at the regular meeting held on the 1st day of April, 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmember - Gillanders, Wong, Capra, Wilson Councilmember - Vizcarra Councilmember -None Councilmember -None 2, CiteY