HomeMy Public PortalAboutOrdinance 13-9671
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ORDINANCE NO. 13 -967
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY, CALIFORNIA, AMENDING CHAPTER 7 OF TITLE 9 OF THE
TEMPLE CITY MUNICIPAL CODE RELATIVE TO SECTION 9633:
DEVELOPMENT STANDARDS AND DESIGN CRITERIA SO AS TO
ALLOW THE SUBDIVISION OF SHOPPING CENTERS AND MINI -
MALLS IN COMMERCIAL AND INDUSTRIAL ZONES; AND TO
ESTABLISH SECTION 9633.0 PARKING STRUCTURE
CONDOMINIUMS OR COMMON OWNERSHIP.
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Based upon information presented in the City Council Staff Report dated
February 5, 2013 and February 19, 2013, and a Planning Commission Staff Report dated November 13,
2012; and based upon a testimony received at the Public Hearing before the Planning Commission on
November 13, 2012, and the Public Hearings before the City Council on February 5, 2013 and February
19, 2013 to consider certain amendments to the Municipal Code, the City Council hereby amends the
Municipal 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 Categorical Exemption which is discussed in Section 3
below.
SECTION 2. The need for the Zoning Code amendments is based upon the following findings:
1. The provision that prohibits the subdivision of shopping centers and mini - malls,
Section 9633.A.2, conflicts with the City Council's goal of promoting economic
development in the City;
2. The current provision that prohibits the subdivision of shopping centers and mini -
malls is in conflict with the California Government Code § 66427, pertaining to the
Subdivision Map Act; and
3. By allowing shopping centers and mini -malls to develop with the option to subdivide
would promote economic development and therefore be a benefit to the public
health, safety and welfare.
4. Establishing Section 9633.0 "Parking Structure Condominiums or Common
Ownership" is necessary to allow for separate or common ownership of common
parking areas for subdivided shopping centers and mini -malls developments.
SECTION 3. This code amendments will not result in any significant effects upon the
environment, and is Categorically Exempt per Section 15061(b)(3). The code amendments will not have
an effect on the environment, as it is creating an option for financing commercial developments.
SECTION 4. Section 9633 of Chapter 7 of Title 9 of the Municipal Code. Section 9633 of
Chapter 7 of Title 9 of the municipal code and are hereby amended to read as follows:
TITLE 9 — Zoning Regulations
CHAPTER 7— Zoning Code
9633: DEVELOPMENT STANDARDS AND DESIGN CRITERIA:
A. Commercial /Office Condominiums: Any commercial /office subdivision (either new construction
or conversion) shall comply with the following development standards and criteria:
1. Condominium projects shall be permitted in all C and M zones.
2. Commercial /office condominium projects shall be restricted to
effise buildings with at least ten thousand (10,000) square feet of floor area. ate- with -two
(2) or mere st�tories.
3. The minimum unit size for all units
one thousand (1,000) square feet.
shall be
4. Condominium projects shall be in compliance with all development criteria contained in the
applicable zoning classification and shall be in compliance with the parking requirements
based upon use.
5. All commercial /office subdivisions shall be subject to a conditional use permit in
accordance with sections 9200 through 9250 of this title.
B. Industrial /Manufacturing Condominiums: Any industrial /manufacturing subdivision (either new
construction or conversion) shall comply with the following development standards and criteria:
1. Condominium projects shall be permitted in all M zones.
2. Industrial and manufacturing condominium projects shall be restricted to manufacturing
and industrial complexes with at least ten thousand (10,000) square feet of floor area.
3. The minimum unit size for all units within a manufacturing or industrial complex shall be
two thousand (2,000) square feet.
4. Condominium projects shall be in compliance with all development criteria contained in
applicable zoning classification and shall be in compliance with the parking requirements
based upon use.
5. All industrial or manufacturing subdivisions shall be subject to a conditional use permit in
accordance with sections 9200 through 9250 of this title. (1960 Code; amd. Ord. 93 -728)
C. Parking Structure Condominiums or Common Ownership: Condominium or Common
Ownership Projects for parking garages and parking structures, including underground or
subterranean structures, shall comply with all development criteria contained in the applicable
zoning classification, or if the classification is silent, then such criteria as proscribed by the City
Building Official and Community Development Director.
SECTION 5. Severability. The City Council hereby declares that, should any provision, section,
subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof, be rendered
or declared invalid or unconstitutional by any final court action in a court of competent jurisdiction or by
reason of any preemptive legislation, such decision or action shall not affect the validity of the remaining
section or portions of the Ordinance or part thereof. The City Council hereby declares that it would have
independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, clauses,
phrases, or words of this Ordinance irrespective of the fact that any one or more provisions, sections,
subsections, paragraphs, sentences, clauses, phrases, or words may be declared invalid or unconstitutional.
SECTION 6. Publication. 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.
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PASSED, APPROVED, AND ADOPTED this 19h day of February, 2013.
ATTEST:
Ma
or
APPROVED AS TO FO
I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No.
13 -967 was introduced at the regular meeting of the City Council of the City of Temple City held on the 5th
day of February, 2013, and was duly passed, approved and adopted by said Council at the regular meeting
held on 19th day of February, 2013 by the following vote:
AYES: Councilmember -Blum, Chavez, Vizcarra, Sternquist, Yu
NOES: Councilmember -None
ABSENT: Councilmember -None
ABSTAI N: Councilmember -None