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HomeMy Public PortalAboutOrdinance 10-9301 1 ORDINANCE NO. 10 -930 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY TO SET FORTH THE FOLLOWING AMENDMENTS TO THE DOWNTOWN SPECIFIC PLAN: 1. TO ALLOW MASSAGE AS AN INCIDENTAL USE IN THE DOWNTOWN SPECIFIC PLAN AREA; 2. TO ALLOW PERMANENT MAKE -UP SERVICES AS AN INCIDENTAL USE IN THE DOWNTOWN SPECIFIC PLAN AREA; 3. TO PROHIBIT MASSAGE SIGNAGE IN THE DOWNTOWN SPECIFIC PLAN AREA; 4. TO ADOPT AND SET FORTH AN "IN LIEU PARKING FEE" FOR ANY NEW USE OR DEVELOPMENT IN THE DOWNTOWN SPECIFIC PLAN AREA WHICH DOES NOT PROVIDE ADEQUATE PARKING PURSUANT TO SECTION 9291 (OFF STREET PARKING REGULATIONS) OF THE CITY CODE. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1. Based upon information presented in the Planning Commission Staff Report dated December 8, 2009, as well as information discussed at a Public Hearing on January 5, 2010, and the Planning Commission public hearing on December 8, 2009 to consider certain amendments to the Downtown Specific Plan, the City Council hereby declares the following: SECTION 2. This project should result in no significant effects upon the environment, and a Negative Declaration has been prepared and is hereby adopted in accordance with the State CEQA Guidelines. The State Department of Fish and Game has determined that for purposes of the assessment of CEQA filing fees [F &G Code 711.4(c)] the project has no potential for effect on fish, wildlife and habitat and the project does not require payment of a CEQA filing fee. SECTION 3. The Planning Commission recommended amendments to the downtown Specific Plan pursuant to Resolution No. 09 -2291 PC. This ordinance shall reaffirm the actions taken in the following City Council Resolutions: 06 -4449, 06 -4450, 06 -4460, and 07 -4507. SECTION 4. The City Council hereby approves that the following text be added to page III -16 of the Temple City Downtown Specific Plan Land Use Matrix: Massage (allowed in conjunction with a permitted Beauty Salon, Beauty Parlor, Beauty Shop, Day Spa, or Medical Use, and subject to the restrictions set forth in Section 9380.B.2 of the City's Zoning Code). SECTION 5. The City Council hereby approves that the following text be added to page III -17 of the Temple City Downtown Specific Plan Land Use Matrix: Permanent Makeup (allowed in conjunction with a permitted Beauty Salon, Nail Shop, or Day Spa, and subject to the restrictions set forth in Section 9380.B.1 of the City's Zoning Code). SECTION 6. The City Council hereby approves that the following text be added to Chapter III, Section G of the Temple City Downtown Specific Plan under new Sub - Section 7j: There shall be no wall sign, projecting sign, monument sign, freestanding sign, window sign, or temporary sign visible from the exterior of any shop or place of business, which indicates that a business provides massage. Exterior signage shall not include the following words or any part of the following words: massage, massaging, masseur or masseuse. Ordinance No. 10 -930 Page 2 SECTION 7. The City Council hereby approves that the following text be added to Chapter III, Sections E.1.g., E.2.g., E.3.k., E.4.g., E.5.d. of the Temple City Downtown Specific Plan: The existing small lots within the Specific Plan area make it nearly impossible to provide on -site parking for any new development. To address this situation, the City may hereby establishes an in -lieu parking fee; if such a fee is established, the fee amount Gould shall be banked by the City to provide funds to develop and maintain centralized public parking. Such a fee, if enacted, would shall be subject to the provisions of applicable State Law related to development fees. Said fee shall be required as follows: Any conditionally permitted use and /or use which requires a zone variance for parking and requires additional parking pursuant to Section 9291 of the Temple City Code (Off Street Parking Requirements) shall be subject to an in -lieu parking fee at a rate of $750 per deficient parking space. The $750 per space fee shall be subject to the annual CPI or Cost of Living Assessment increase that is adopted for all other City fees. The fee shall be paid prior to issuance of a business license for said uses, and shall be incurred annually at the time of business license renewal. If said in -lieu parking fee is not paid as stated, the City may revoke the conditional use permit and /or said use's business license. The Planning Commission and /or City Council shall set forth the parking deficiency and the actual in -lieu parking fee for each individual use, which would be set forth in the Resolution approving a given conditionally permitted use, or use which requires a zone variance for parking. If the banked fees for each use are not utilized by the City to develop and /or maintain centralized public parking within 20 years (or the maximum time allotment pursuant to State law) of the initial payment, then the applicant may request a refund of said fees. SECTION 8. 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 2nd day of February, 2010. ATTEST: 2 City Clerk I, City Clerk of the City of Temple City, do hereby certify that the foregoing Ordinance, Ordinance No. 10 -930, was introduced at the regular meeting of the City Council of the City of Temple City held on the 19th day of January, 2010 and was duly passed, approved and adopted by said Council at their regular meeting held on the 2hd day of February, 2010 by the following vote: AYES: Councilmember- Chavez, Sternquist, Wong, Yu, Vizcarra NOES: Councilmember -None ABSENT: Councilmember -None ABSTAIN: Councilmember -None U f?_ 4-0.4--y-pL.Le4 City Clerk 1 1