HomeMy Public PortalAbout12) 8A Ordinance No 16-1016 Fast Track Modification CommitteeAGENDA
ITEM 8.A.
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: November 15, 2016
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
Via: Michael D. Forbes, Community Development Director
By: Adam Gulick, Associate Planner
·SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 16-1016
REMOVING TITLE 9, CHAPTER 1, SECTION C OF THE TEMPLE CITY
MUNICIPAL CODE
RECOMMENDATION:
The City Council is requested to:
1. Introduce for first reading by title only and waive further reading of Ordinance No .
16-1016 (Attachment "A"), removing Title 9, Chapter 1, Section C (Fast Track
Modification Committee) of the Temple City Municipal Code (TCMC);
2. Waive further reading of Ordinance No . 16-1016; and
3 . Schedule the second reading of Ordinance No. 16-1016 for December 6, 2016.
BACKGROUND:
1. On February 7, 1995, the City Council adopted an ordinance establishing an
Administrative Conditional Use Permit process for certain uses in the City. The
stated purpose of the process was to be more business friendly by streamlining the
application process and removing unnecessary time and cost barriers for certain
businesses.
2. On July 18 , 2000, the City Council adopted an Ordinance establishing the Fast Track
Modification Committee (FTMC) and repealing the Administrative Conditional Use
Permit sections in the Zoning Code and the Downtown Specific Plan.
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
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 t i me to update the zon ing 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 pub lic inte rest and necessity so require "; and
WHEREAS , The City Council approved Strategic Goals in 2014 to 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 Mod ification 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
Title 9, Chapter 1, of the TCMC relating to the Fast Track Modification Comm ittee; 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 O rdinance is consistent with the recommendat ion provided by the
Planning Comm ission when approving the amendment on October 11 , 2016.
Ord in an ce 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 f inds and determines the proposed amendments are ex empt
from the California Env ironmental Quality Act (CEQA) per the State CEQA Guid elines Section
15061 (b)(3), in that it can be seen with certa inty 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 info r mation 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 Commi ttee], cons isting of Sections 9-1 C-0 th rough 9-
1 C-2 , is repealed in ful l.
SECTION 2. Environmental Review. The City Council finds that this Ordinance is not
subject to envi ronmental review under the California Environmental Quality Act ("CEQA")
pursuant to CEQA Gu idelines Section 15061 (b)(3) because it can be seen with certainty that the
Ordinance has no possibility of a signif ican t effect on the environment.
SECTION 3. Publication. The City C lerk 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 unconstitutiona l by a decision of any court of
competent jurisdiction, such dec ision will not affect the valid ity of the remaining portions of this
ordinance . The City Council hereby declares that it would ha v e passed th is ordinance and ea c h
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
unconstitut ional.
SECTION 5. Effective Date and Duration . Th is 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-
Council member-
Councilmember-
Councilmember-
Peggy Kuo, City Clerk
ATTACHMENT B
City of Temple City
Planning Commission
Staff Report
October 11, 2016
FILE: PL 16-398
Zoning Code Amendment
ADDRESS: Citywide
DESCRIPTION : A Zoning Code Amendment to the Temple City Municipal Code to repeal
the Fast Track Modification Committee (Section 9-1C-O through 9-1C-
2).
APPLICANT: City of Temple City
PROJECT PLANNER: Adam Gulick, Associate Planner
ENVIRONMENTAL REVIEW: This project is exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.
RECOMMENDATION: Adopt the attached Resolution recommending that the City Council
adopt the proposed Ordinance removing the Fast Track Modification
Committee (Section 9-lC-0 through 9-lC-2).
SUMMARY:
On February 7, 1995, the City Council adopted an ordinance establishing an Administrative Conditional
Use Permit process for certain uses in t he City. The purpose of the process was to be more business
friendly by streamlining the application process and removing unnecessary time and cost barriers for
certain businesses.
On July 18, 2000, the City Council adopted an Ordinance (Attachment 2) establishing the Fast Track
Modification Committee (FTMC) and repealing the Administrative Conditional Use Permit sections in the
Zoning Code and the Downtown Spe cific Plan. The Ordinance was in response to businesses seeking a
process to have temporary signs displayed for periods longer than specified in the Zoning Code. Since
the Administrative Use Permit process was limited to specific businesses, the Planning Commission
underwent a study of possible entitlement processes that could provide businesses relief from the
temporary sign regulations. The Planning Commission believed that the FTMC was the best process to
grant exceptions for the length of time businesses could have temporary signs and a mechanism to
streamline the review process for all variances and conditional use permits. Only three entitlements that
were processed through the FTMC. The last FTMC approval was in 2001 to establish an automobile repair
business on Lower Azusa Road.
The FTMC consists of the City Attorney or his designee, the City Manager or his designee, and the
Chairman of the Planning Commission. The FTMC allows for someone to apply for a variance and/or
October 11, 2016 Planning Commission Meeting
Fi le: PL 16-398
conditional use permit, but on ly pay 50 percen t of the normal application fee(s). Th e FTMC determin es
if the project meets the following three criteria -1) no impact on publi c health, safety and welfare; 2) no
poss ibility of any impact; and 3) no sa le or dispensation of alcoho li c beverages . If the FTMC determines
by a two-thirds vote that an app lication meets the three cr iteria, the application is processed by th e FTMC
in lieu of going directly to the Planning Commiss i on.
The City notifies all of the property owners within 300 feet of the subject site of the requested zone
variance and/or co nditional use permit, and th e abi lity to request to have the item heard by the Planning
Commission . If no requests are fil ed, the FTMC considers the application and decides whether to forward
the app lic ation to the Planning Commi ssion or make a decision by a two-thirds vote to approve, deny or
co nditionally approve the appli cation by resolution. Within three working days after the reso lu t ion, the
City notifies property owners within 300 feet of the project site. The decision of the FTMC can b e appealed
to the Pl ann ing Comm is sion within 15 d ays of the decision.
On August 2, 2016, the City Council discussed a recycl ing center that was approved through the FTMC in
2000. Bas ed upon discussion during this item, the City Counci l directed staff to process an amen dment
to remove the FTMC provisions from th e Zoning Code as the process app ea red to be a method to bypass
the Pl anning Commission and granted the City Attorney and City Manage r an undue degree of authority.
In an effort to b e more transparent and at the direction of City Council, sta ff is recomm ending that the
Planning Commi ss ion adopt the attached Re so l ution (Attac hment 1) recomm ending that the City Council
adopt the proposed Ordinance (Attachment 3) repealing the FTMC.
Elimin ating the FTMC will result in every co nditional use permit and zone variance appl i cati on com ing
before the Planning Commission, not the optional FTMC. The change will not have a demonstrable impact
on t he development review process as on ly three cases have made use of th e FTMC provision and staff
(at the di re ction of the City Attorney's Office) have discouraged applicants from using th e FTMC process.
FINDINGS :
TCMC Section 9 -1G -O provides th at the Zoning Cod e may be "amended whenever the public interest and
neces sity so require." There are no specific finding s required to amend the Zoning Code or other titles
o f the Municipal Code.
ENVIRONMENTAL REVIEW:
Thi s project is exempt from th e Ca liforni a Enviro nmental Quality Act (CEQA) according to Section
15061(b)(3) of the CEQA Gu idelin es because it ca n be see n w it h certainty to have no possibility of a
sig nifi ca nt effect on the environment.
RECOMMENDATION:
Adopt the attached Resolut ion recommendin g that t h e City Coun cil adopt the proposed Or dinance
remo ving the FTMC (Se ction 9-1C-O through 9-1C -2).
Page 2
Oct ober 11, 2016 Plann ing Commissio n Meeting
Fil e: PL 16-398
ATTACHMENTS:
1. Planning Commission Resolution
2. Ordinance 00-844
3. Ordinance 16-1016
Page 3
ATTACHMENT 1 ifJ!
RESOLUTION ~~~
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City of Temple City
Resolution 16-24
File No. PL 16-398
Address : Citywide
PC ---
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMPLE CITY RECOMMENDING THAT THE CITY COUNCIL OF
THE CITY OF TEMPLE CITY APPROVE AN AMENDMENT
REPEALING THE FAST TRACK MODIFICATION COMMITTEE,
SECTIONS 9-1 C-0 THROUGH 9-1 C-2 OF THE TEMPLE CITY
MUNICIPAL CODE .
WH EREAS, pursuant to Government Code sections 65854 and 65855, the Planning
Commission has the authority to review and make recommendations to the City Council
regarding amendments to the City's Zoning Code; and
WHEREAS, the Planning Commission hereby finds and determines that the
municipal code amendment is in the best interest of the public necessity and general
welfare, and good city planning practice dictates and supports the proposed municipal
code amendment, in that the change to the City of Temple City Municipal Code will
provide transparency for all entitlements.
WHEREAS, on September 29, 2016, the City gave public notice by publishing notice
in the Temple City Tribune of the holding of a public hearing at which the amendment to
the City's Zoning Code would be considered; and
WHEREAS, on October 11, 2016, the Planning Commission held a noticed public
hearing at which interested persons had an opportunity to testify in support of, or in
opposition to, the proposed amendment to the City's Zoning Code and at which time the
Planning Commission considered the propose d amendment to the City's Zoning Code; and
WHEREAS; the City has .analyzed this proposed zoning amendment and determined
that it is not a project within the meaning of Section 15061(b)(3) of the California
Environmental Quality Act ("CEQA") Guidelines because it can be seen with certa inty to have
no pos sibility of a significant effect on the environment; and
WHEREAS, attached as Attachment 3 is the proposed Ordinance No. 16-1016.
NOW, THEREFORE, the Planning Commission of the City of Temple City does
hereby resolve as follows:
Resolution No. 16-24_ PC
PL 16-398
Citywide
Page 2 of4
SECTION 1. The Planning Commission has considered all of the evidence submitted into
the administrative record which includes but is not limited to:
1. Reports and presentations of project related data and analysis prepared by the
Community Development Department; and
2. The Temp le City Municipa l Code, General Plan, Subdivision Map Act, and all other
applicable regulations and codes; and
3. Public comments, both written and orat received or submitted at or prior to the
public hearing; and
4. Testimony and comments subm itted by the appl i cant and representatives in both
written and oral form at or prior to the public hearing; and
5. All other related documents received or submitted at or prior to the public-hearing .
SECTION 2. This resolution is made with reference to the followi ng prefacing facts as
more fu ll y set forth in the administrative record:
1 . On February 7, 1995, the City Council adopted an ordinance establishing an
Adm inistrative Cond itional Use Permit process for certain uses in the commercia l
zones and the Downtown Specific Plan.
2. On July 18, 2000, the City Council adopted an ordinance repealing the
Administrative Conditional Use Permit section of the Zoning Code and the
Downtown Specific Plan, and establishing the Fast Track Modification Committee
(FTMC).
3. On August 2, 2016, the City Council d iscussed a business that was approved trough
the FTMC. Based upon discussion during this item, the City Counci l requested staff
to process an amendment to remove the FTMC.
4. On October 11, 2016, the Planning Commission held a public hearing to consider
the amendment.
5. Notice of the Planning Comm iss ion pub l ic hearing was posted at t he Council
Chambers.
Resolution No. 16-24_ PC
PL 16-398
Citywi de
Page 3 of 4
6. Notice of the Planning Commiss ion public he aring was pub li shed in a n ews paper
of gen era l circulat ion at least ten days prior to the hearing.
7. Not ice of the Planning Co mmi ss ion public h earing included the noti ce
requirements set forth in Government Code Sect ion 65009 (b)(2).
SECTION 3 . Thi s project is Categorica ll y Exempt from environmenta l review pursuant to
California En vironm enta l Qua li ty Act Guidelines, Se ction 15061(b)(3) as it can b e see n with
certai nty to have no poss ibility of a sig nifi ca nt effect on t h e e nvironment.
SECTION 4 . The Planning Commission hereby recommends that the City Council adopt
the p roposed Ordi na nce that is atta ch ed hereto and inco rporated h erein by refere nce as
Att achment 3.
SECTION 5. The Secretary shall certify to the adoption of t his Resolution.
Planning Commiss ion Chair
City Attorney
Resolution No. 16-2490 PC
PL 16-398
Citywide
Page 4 of 4
I hereby certify that the foregoing Resolution was adopted by the Planning
Commission of the City of Temple City at a meeting held on the 11th of October, 2016, by
the following vote:
YES:
NO:
ABSENT:
ABSTAIN:
Commissioner-Cordes, Leung, O'Leary, Marston, Haddad
Commissioner-None
Commissioner-None
Commissioner-None
Secretary
ATTACHMENT 2 m
ORDINAN C E 00-844 Ill
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ORDINANCE NO. 00·844
AN ORDINANCE OF THE CITY COUNCU.. OF THE CITY OF TEMPLE CITY
ESTABIJSHING A "FAST TRACK MODIFICATION CO:MMITI'EE" TO EXPEDITE
CERTAIN ZONING PERMITS, AND AMENDING THE ZOI-JING CODE WITH
RESPECT TO SECTIONS 9150·9159.2, 9214 AND 9400 TO ACCOMPLISH THE SAME
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Part ill · Zoning Modification Committee (M.ZM), Sections 9150·9159.2;
Administrative Review (Admin CUP), Section 9214; and Section 9400 of the Zoning Code (to the extent
it provides for an administrative CUP process for the Downtown Specific Plan as established by Ordinance
No. 95·772) are hereby repealed.
SECTION 2. The Temple City Zoning Code shall be amended to add the following:
Part ill. Fast·Track Modification Committee
Administrative Relief
There is hereby established the "Fast Track Modification Committee" (FrMC) for the City,
composed of: 1) the City Manager or his designee; 2) the City Attorney or his designee;
and 3) the then chairman of the Planning Commission or his designee from among the
other members of said Commission. The Director of Community Development shall serve
as an ex officio (non-voting) member and secretary.
9151. Aqthoritv
The FTMC shall have authority to grant "Fast Track Modifications" (Fl'M) to the variance
and CUP requirements of this Zoning Code in the following limited circumstances: as set
forth in §9152.
9152. Application and Fees
When an application for a CUP or variance is filed pursuant to the provisions of this Code,
and 50% of the fee prescribed for regular variances or CUPs has been paid, such
application shall fl.l'st be presented to the FTMC together with the completed Initial
Questionnaire and Environmental Assessment (prepared by the Director under CEQA)
relative thereto.
a) If the FTMC fmds by 2/3 vote i) that the application if granted would involve•no
impact on the public health, safety and welfare, and ii) that there is no possibility
of any environmental impact, and ill) that no application for the sale or
dispensation of alcoholic beverages is involved -then the FTMC may decide either
to refer such application to the Planning Commission for regular processing
without regard to this Section (in which case the applicant shall pay the other 50%
of the regular filing fee and the matter shall be processed as though this section
did not eXist); or the FTMC may decide to process the same pursuant to this
Section.
Ordinance No. 00-844
Page 2
b) If the FTMC decides to proceed under this Section, it shall cause Notice to be
mailed (1st class) to all property owners shown on the last equalized roll as
owning property within 300 feet of the applicant's property. Such notice shall
provide information relating to the application, a summary of the Environmental
Assessment, an opportunity to comment pro or con, and notice that if requested
the application would be referred to the Planning Commission for a hearing as a
variance or CUP without regard to this Section.
c) If a request for public hearing is filed within a 14 day period, the FrMC shall
suspend proceedings under this Section and instead (upon payment by the
applicant of the other 50% of the applicable fee) shall refer such application to the
Planning Commission for notice, hearing and processing without regard to this
d)
Section. •..
If no such request is filed, then the FTMC shall consider the matter on the
merits, and after consideration of any comments ma·de, shall decide either to
forward the application to thfl Planning Commission a8 though this Section did not
exist (where upon payment by the applicant of the remaining 50% of the
applicable fee and notice) ·the matter will be considered by the Planning
Commission; or by 2/3 vote inay decide the application on the merits and grant,
deny or conditionally approve such application by Resolution, after complying with
applicable. CEQA and other laws. Such Resolution shall be based on the same
standards, findings and conditions as would have been required by the Planning
Commission and shall not become final until expiration of any appeal or review as
otherwise set forth in this Zoning Code.
e) Within S working days after adopting such resolution, the Director of Community
. -.,
-Development shall notify all such property owners within 300 feet of the decision
together with a copy of the resolution.
A decision of the FTMC upon any FTM may be appealed by any interested
resident to the Planning Commission in the ma.nner set forth (or other appeals,
and from there to the City Council as elsewhere set forth in this Code; and the
Council shall have the authority to call for a review (RFR) as provided in the
Zoning Code. Upon the filing of any appeal or review, such FTMC's Resolution
shall be immediately vacated and the application (upon payment of the remainder
of any applicable fees) shall be processed by the Planning Commission as though
this Section had never existed."
SECTI9N 3. The City Cler!t shaH cerlify to the passage and adoption of this ordinance and to
its approval by the Mayor and shall cause the same to be published in the San Gabriel Valley Weekly, a
newspaper of general circulation, printed, published, and circulated in the City of Temple City.
PASSED, APP.ROVED, AND ADOPTED this 18th day of July 2000.
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Ordinance No. 00·844
Page3
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Mayor
A '!TEST:
I, City Clerk of the City of Temple City, hereby certify that the foregoing ordinance, Ordinance
No. 00·844, was introduced at the regular meeting of the City CoWtcil of the City of Temple City on June
20 , 2000, and was duly passed, approved and adopted by said CoWtcil, approved and signed by the Mayor
and attested to by the City Clerk at the regular meeting held on the 18th day of J u1y 2000 by the following
vote:
AYES:
NOES:
ABSENT:
Councilman·Breazeal, Brook, Wilson and Souder
CoWlcilman·N one
c0Wlcilman·Gillanders
ATTA C HMENT 3 m
ORDINANC E 16 -1016 ~~~
ORDINANCE NO. 16-1016
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE C ITY
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 req uires that the City's zoning ordinance, found at Title 9, Chapter
1 of the Temple City Municipal Code (''TCMCn), conform with the Genera l 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 to be used by leaders and
staff to guide the City into the future . One of 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 cond ucted a noticed public
hearing, and heard testimony regarding the proposed amendments that would repeal Article C of
Title 9, Chapter 1, of th e TCMC relating to the Fast Track Modification Committee ; and
WHEREAS , On October 11, 2016 , the Planning Commission adopted Resolution 16-
24_ 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 amendm e nt on October 11, 2016.
Ordinance No. 16-1 016
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 propos ed amendments are exempt
from the California Environmental Quality A ct (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 prov ide more tran sparency .
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 9-1C-O 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 Cieri< 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 port ions 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. Thi s Ordinance shall become effective on the
31st day after adoption .
SECTION 6. Certification. The City Cieri< shall certify to the pass age 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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Ordinance No . 16 -1 016
Page 3 of 3
PASSED, APPROVED, AND ADOPTED this __ day of November, 2016.
Vincent Yu, Mayor
ATTEST: APPROVED AS TO FORM :
. Peggy Kuo, City Cieri< Eric Vail, City Attorney
I, Peggy Kuo, 6ity 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 November, 2016 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Councilmember-
Councilmember-
Councilmember-
Councilmember-
Peggy Kuo, City Clerk