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Home My Public Portal About09) 7E Second Reading and Adoption of Ordinance removing the Fast Track Modification CommitteeCity Council December 6, 2016 Page 2 of2 CITY STRATEGIC GOALS: Adopting the proposed ordinance would promote the City Strategic Goals of Good Governance by updating the Municipal Code to provide transparency. FISCAL IMPACT: The proposed ordinance would have no impact on the Fiscal Year 2016-17 City Budget. ATTACHMENTS: A. Ordinance Number 16-1016 B. City Council staff report dated November 15, 2016 ATTACHMENT A ORDINANCE NO. 16-1016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY REPEALING SECTIONS 9-1C-O THROUGH 9-1C-2 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO THE FAST TRACK MODIFICATION COMMITTEE WHEREAS, The City of Temple City ("City") has adopted a General Plan to ensure a planned and safe community; and WHEREAS, Protection of public health, safety, and welfare is fully articulated in the General Plan; and WHEREAS, State law requires that the City's zoning ordinance, found at Title 9, Chapter 1 of the Temple City Municipal Code ("TCMC"), conform with the General Plan's goals and policies; and WHEREAS, It is necessary from time to time to update the zoning ordinance to bring it into conformity with State law and to address public health, safety, and welfare concerns that have arisen since the last update of the ordinance; and WHEREAS, Section 9-1G-O of the TCMC provides that the Zoning Code may be "amended whenever the public interest and necessity so require"; and WHEREAS, The City Council approved Strategic Goals in 2014\o be used by leaders and staff to guide the City into the future. One of the goals was providing Good Governance, which specifies providing transparency in all aspects of government operations; and WHEREAS, On August 2, 2016, the City Council discussed a business that received approval of a Modification of an approved Conditional Use Permit and Zone Variance by the City's Fast Track Modification Committee on September 12, 2000. Based upon the discussion on this item, the City Council requested that staff repeal the Fast Track Modification Committee, as they believed the process was created to bypass the Planning Commission; and WHEREAS, On October 11, 2016, the Planning Commission conducted a noticed public hearing, and heard testimony regarding the proposed amendments that would repeal Article C of Tille 9, Chapter 1, of the TCMC relating to the Fast Track Modification Committee; and WHEREAS, On October 11, 2016, the Planning Commission adopted Resolution 16-2490 recommending that the City Council adopt an Ordinance repealing the Fast Track Modification Committee; and WHEREAS, This Ordinance is consistent with the recommendation provided by the Planning Commission when approving the amendment on October 11, 2016. Ordinance No. 16-1016 Page 2 of 3 WHEREAS, The City Council reviewed the agenda report and all oral and written information presented before and at the hearings; and WHEREAS, The City Council finds and determines the proposed amendments are exempt from the California Environmental Quality Act (CEQA) per the State CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The proposed amendment is administrative in nature, and are intended to provide more transparency. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1. Based upon information presented in the staff reports, and based upon the public input before and during the noticed public hearing, Chapter 1 (Zoning Code) of Title 9 (Zoning Regulations) of the Temple City Municipal Code is hereby amended as follows: Article C [Fast Track Modification Committee], consisting of Sections 9-1 C-0 through 9- 1 C-2, is repealed in full. SECTION 2. Environmental Review. The City Council finds that this Ordinance is not subject to environmental review under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15061 (b)(3) because it can be seen with certainty that the Ordinance has no possibility of a significant effect on the environment. SECTION 3. Publication. The City Clerk is directed to cause this ordinance to be posted or published in the manner required by law. SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. Effective Date and Duration. This Ordinance shall become effective on the 31st day after adoption. SECTION 6. Certification. 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. Ordinance No. 16-1016 Page 3 of 3 PASSED, APPROVED, AND ADOPTED this __ day of November, 2016. Vincent Yu, Mayor ATTEST: APPROVED AS TO FORM: Peggy Kuo, City Clerk Eric Vail, City Attorney I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No. 16-1016 was introduced at the regular meeting of the City Council of the City of Temple City held on the __ day of November, 2016 and was duly passed, approved and adopted by said Council, approved and signed by the Mayor and attested to by the City Clerk at the regular meeting held on the __ day of December, 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Councilmember- Councilmember- Councilmember- Council member- Peggy Kuo, City Clerk City Council November 15, 2016 Page 2 of 3 3. On August 2, 2016, the City Council discussed a recycling center that was approved through the FTMC in 2000 and directed staff to prepare an ordinance to abolish the FTMC. 4. On October 11, 2016, the Planning Commission conducted a noticed public hearing on the draft Ordinance. At the meeting, all interested parties were afforded the opportunity to be heard. The Planning Commission voted to approve Resolution 16- 2490 PC recommending that the City Council adopt the proposed Ordinance. 5. On November 3, 2016, a notice of the public hearing for the City Council was published in the Temple City Tribune. ANALYSIS: The FTMC was created to help streamline the review process for variances and conditional use permits with certain findings. Only three applications were reviewed by the FTMC, with the last application appearing before the FTMC in 2001. As a result of the discussion from the City Council meeting on August 2, 2016, the City Council directed staff to process an amendment to remove the FTMC provisions from the Zoning Code, as the process appeared to be a method of bypassing the Planning Commission. Moreover, earlier this year a potential applicant inquired with City staff about the FTMC review process. The City Attorney's Office expressed concerns about processing applications through the FTMC, as the review process granted the City Attorney and City Manager an undue degree of authority. Eliminating the FTMC will result in every conditional use permit and zone variance application coming before the Planning Commission, not the optional FTMC. The change will not have a demonstrable impact on the development review process as only three cases have made use of the FTMC provision. The Temple City Municipal Code, Section 9-1G-O, provides that the Zoning Code may be "amended whenever the public interest and necessity so require." There are no specific findings required to amend the Zoning Code or other titles of the Municipal Code. CITY STRATEGIC GOALS: Adopting the proposed ordinance would promote the City Strategic Goals of Good Governance by updating the Municipal Code to provide transparency. City Council November 15, 2016 Page 3 of 3 FISCAL IMPACT: The proposed ordinance would have no impact on the Fiscal Year 2016-17 City Budget. ATTACHMENTS: A. Ordinance Number 16-1016 B. Planning Commission Staff Report and Attachments