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HomeMy Public PortalAboutOrdinance 08-921U1 1 ORDINANCE NO. 08-921U AN URGENCY ORDINANCE OF THE CITY OF TEMPLE CITY EXTENDING A MORATORIUM ON NON - RETAIL USES ON PROPERTY FRONTING ON LAS TUNAS DRIVE FROM ROWLAND TO SULTANA The City Council of the City of Temple City does ordain as follows: Section 1. Ordinance No. 08 -919U was adopted by this City Council on April 1, 2008 for a period of 45 days as an urgency Interim Ordinance pursuant to California Government Code Section 65858 imposing (pursuant to findings set forth therein) a moratorium on any and all entitlements for enabling new non - retail uses on properties fronting on Las Tunas Drive from Rowland to Sultana. The purpose and intent of said ordinance was and is to prevent the on -going replacement of retail businesses in the city with non -sales tax service businesses to the deterioration of the sales tax income and revenue to the city treasury, thereby causing a severe loss of revenue necessary to maintain adequate police, safety and other vital services of the City. The Council further finds that said Ordinance 08 -919U (together with this ordinance 08-921U) has and will continue to have) a benefit and serve the residents of this City well, and redound to the benefit of the City and its residents by assuring growth of the sales tax income of the City and thereby allow this Council to continue to provide vital city services — and that therefore both of such ordinances are exempt from CEQA compliance as emergency and temporary action, and also because these ordinances are designed to protect and enhance the environment for the residents of this city during a sensitive and developing period. Section 2. The City Council further finds that progress in stopping the deterioration of the sales tax base has been made since the adoption of said Ordinance 08 -919U by the decrease of non - retail business take -overs in the commercial zones, and that the Planning Staff has begun the process of studying and determining appropriate permanent ordinances that will enhance the sales tax base. Further that the Planning Commission has formulated 4 task force sub - committees to study the sales tax (and other problems), and that such reports and recommendations have been made and will be processed by the Planning Commission in the near future. Section 3. The Council now finds that despite the progress that has been made, it is appropriate and necessary that Ordinance 08 -919U be extended beyond the initial 45 day period in order to solidify the gains already made, to produce the maximum benefit from the temporary moratorium, and to draft the necessary permanent ordinances to address the current adverse circumstances and to set the stage for a vital revitalization of the City's aging commercial districts. Accordingly staff has set a public hearing on such extension for the date of May 6, 2008 for a proposed extension of 10% months — Notice of such public hearing has been published, as provided by law. Section 4. Ordinance 08 -919U is hereby extended for an additional period of 101/2 months from its present expiration date, and shall then expire unless further extended, based upon all of the files, records and reports made to the Planning Commission or this Council with regard to the moratorium — all of which are hereby adopted as though herein set forth in full. Section 5. All of the exemptions set forth in Ordinance 08 -919U shall continue to be exempt, Section 6. The City Clerk shall certify to the adoption of this Ordinance, and shall cause the same to be published according to law. PASSED, APPROVED, AND ADOPTED this 6th day of May, 2008. ATTEST: Mayor I City Clerk of the City of Temple City, do hereby certify that the foregoing Urgency Ordinance, Ordinance No. 08 -921 U, was introduced as an Urgency Ordinance at the regular meeting of the City Council of the City of Temple City held on the 6th day of May, 2008, and was duly passed, approved and adopted by said council at a regular meeting held on the 61h day of May, 2008 by the follow vote: AYES: Councilmember - Gillanders, Wong, Capra, Wilson NOES: Councilmember - Vizcarra ABSENT: Councilmember -None ABSTAIN: Councilmember -None City Ulerk tg,-\d},,,,,k 1 1