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HomeMy Public PortalAbout18) 9A Adoption of Crossroad Specific PlanAGENDA ITEM 9.A. COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: April17, 2018 TO: The Honorable City Council FROM: -Bryan Cook, City Manager By : Michael D. Forbes , Community Development Director SUBJECT: SECOND· READING AND ADOPTION OF ORDINANCE NO. 17-1029 ADOPTING THE CROSSROADS SPECIFIC PLAN RECOMMENDATION: The City Council is requested to waive further reading and adopt Ordinance No. 17- 1029 (Attachment "A") adding Part 6 to Title 9 , Chapter 1, Article N of the Temple City Municipal Code to adopt the Crossroads Specific Plan. BACKGROUND: On December 5, 2017, the City Council introduced Ordinance No. 17-1029 for first reading, by title only, amending Title 9 of the Temple City Municipal Code to adopt the Crossroads Specific Plan . ANALYSIS: Following the City Council's introduction of the ordinance on December 5, 2017 , staff and the City Attorney 's office further reviewed and considered Crossroads Policy 3 of the Specific Plan, which reads as follows : "Encourage and facilitate the redevelopment of private properties. The City does not intend to use eminent domain to facilitate redevelopment of private properties." This policy was added to the original draft of the Specific Plan in response to concerns raised by property owners about the possible use of eminent domain to facilitate redevelopment of properties in the Specific Plan area. At this time the City does not contemplate the use of eminent domain being necessary to implement the Specific Plan as proposed ; however the City reserves its right of eminent domain as provided under the California Eminent Domain Law. After further consideration , staff and the City Attorney's office are recommending that the policy be deleted from the Specific Plan . This clarifies that the power of eminent domain remains r City Council April17, 2018 Page 2 of 2 available to assist the City with necessary and vital public infrastructure improvements like streets, sewers, and utility facilities. Further, State law prohibits the use of eminent domain to facilitate redevelopment of privately-owned parcels. As recommended and attached, Ordinance No. 17-1029 adopts the draft Specific Plan with all amendments as recommended by the General Plan Advisory Committee and Planning Commission and as included in the December 5, 2017, staff report, with the additional amendment to delete Crossroads Policy 3. CITY STRATEGIC GOALS: Adopting the Crossroads Specific Plan is consistent with the City Strategic Goals of Quality of Life, Sustainable Infrastructure, and Economic Development. FISCAL IMPACT: The newly adopted General Plan and the associated environmental impact report call for establishing impact fees to reduce the impact of new development on public services, including the anticipated development pursuant to the Specific Plan. Until the necessary studies are prepared, the effect of these fees on the City's revenue is unknown. ATTACHMENT: A. Ordinance No. 17-1029 The Crossroads Specific Plan document and attachments referenced in Ordinance No. 17-1029 are available on the City web site at: http://www.templecity.us/984/City-Councii-Staff-Report-Attachments ATTACHMENT A ORDINANCE N0.17-1029 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA ADOPTING THE CROSSROADS SPECIFIC PLAN AND ADDING PART 6 TO TITLE 9, CHAPTER 1, ARTICLE N OF THE TEMPLE CITY MUNICIPAL CODE PERTAINING TO THE CROSSROADS SPECIFIC PLAN (FILE PL 17-865) WHEREAS, the State of California Government Code Section 65451 enables local jurisdictions to adopt specific plans for the systematic implementation of the general plan; and WHEREAS, the Crossroads Specific Plan ("Specific Plan") complies with the requirements of the California Government Code Section 65451 in that it includes diagrams and text illustrating the distribution and extent of land uses within the project area and development standards as demonstrated on pages 3-7 through 3-13; contains component plans and textual references for the provision of streets, sewer capacity, and drainage needed to support the proposed land use as demonstrated in the Infrastructure Chapter (pages 5-1 to 5-8); includes implementation measures necessary to carry out the Specific Plan as demonstrated in the Implementation Plan (pages 6-1 to 6-8); and contains language in page 1-5 and 6-2 regarding the relationship of the General Plan to the Specific Plan; and WHEREAS, the Specific Plan was prepared concurrently with the Mid-Century General Plan Update ("General Plan") and the policies in the General Plan are directly supportive and congruent with the Specific Plan. The Specific Plan implements and is consistent with Land Use Diagram, Goal LU 17 (Las Tunas Drive/Rosemead Boulevard Mixed Use Center), policy 17.1 (Concentrated Development), policy 17.2 (Village Character), policy 17.3 (Village Character and Design), and the Implementation Program (page A-4); and WHEREAS, the City Council initiated the preparation of the Specific Plan in October of 2013; and WHEREAS, the City Council created the General Plan Advisory Committee ("GPAC") on May 6, 2014 and appointed its members on July 1, 2014 to oversee the preparation of Specific Plan and provide recommendations to the City Council; and WHEREAS, the City has sought to proactively engage the public in the update to the Specific Plan, including 10 community outreach workshops and meetings, 18 GPAC meetings, and conducting special meetings of the Planning Commission, and gave regular updates to the Planning Commission and City Council; and Ordinance No. 17-1029 Page 2 of 4 WHEREAS, the City as Lead Agency determined that the proposed Specific Plan was a "Project" under the California Environmental Quality Act and that preparation of an Environmental Impact Report (EIR) was warranted; and WHEREAS, the City issued a Notice of Preparation on September 16, 2016 and received comments from other agencies and members of the public; and WHEREAS, the City issued a Notice of Availability of a Draft EIR on June 19, 2017 with a public comment period of June 20, 2017 to August 3, 2017, and received comments from the public and other agencies during and after the comment period; and WHEREAS, during the Draft EIR comment period the City staff hosted two community meetings (June 26, 2017 and July 8, 2017) and the Planning Commission hosted a community forum on July 25, 2017 to receive comments on the Draft Specific Plan and EIR; and WHEREAS the City staff is recommending changes to the Draft Specific Plan as a result of the public input and comments that were received; and WHEREAS, the GPAC and Planning Commission have reviewed the Specific Plan and recommended that the City Council adopt the plan with some changes; and WHEREAS, the City Council has reviewed and considered information from a variety of sources, including, but not limited to, City staff, outside agencies, the Environmental Impact Report, and the report and recommendations of the GPAC, Planning Commission, and members of the public; and WHEREAS, the City Council finds that the Specific Plan is consistent with the General Plan; and WHEREAS, public notice was provided as required by law and a City Council public hearing was held on December 5, 2017; and WHEREAS, the City Council has certified the Final EIR as being in compliance with CEQA as has adopted CEQA findings, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program pursuant to CEQA. THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDAINS AS FOLLOWS: SECTION 1: The City Council finds that this Ordinance was subject to environmental review under the California Environmental Quality Act ("CEQA") and that Resolution 17- 5298 was adopted, which certifies the Environmental Impact Report, adopted CEQA Findings, adopted a Mitigation Monitoring and Reporting Program, and adopted a Statement of Overriding Considerations. SECTION 2: The City Council establishes and adopts the Crossroads Specific Plan, as reflected in Attachment K and as modified in Attachments L and M of the City Council Ordinance No. 17-1 029 Page 3 of 4 staff report dated December 5, 2017 except that Crossroads Policy 3 of Attachment L, which reads "Encourage and facilitate the redevelopment of private properties. The City does not intend to use eminent domain to facilitate redevelopment of private properties," is deleted in its entirety. The policies following Crossroads Policy 3 will be renumbered accordingly. The City Clerk shall cause to be prepared a final Crossroads Specific Plan document inclusive of all these approved revisions, which document shall be placed on file in the office of the City Clerk and is incorporated by reference. SECTION 3: Part 6 is added to Title 9, Chapter 1, Article N of the Temple City Municipal Code to read as follows: PART 6. CROSSROADS SPECIFIC PLAN, CSP 9-1 N-60: Crossroads Specific Plan Ordinance 17-1029 enacts a specific plan centering on the intersection of Rosemead Boulevard and Las Tunas Drive. The specific plan identifies land use districts, with a matrix of permitted uses and conditionally permitted uses. The Crossroads Specific Plan establishes development standards, parking standards, design guidelines, a mobility plan, infrastructure plan, implementation plan and other requirements and criteria to ensure the orderly development of the area. Reference is made to said ordinance and specific plan document for the detail of said plan, which shall override all other zoning regulations with regard thereto, except as specifically contained therein. SECTION 4: Zoning within the Specific Plan area shall be designated on the City's Zoning Map as CSP. Within the Specific Plan area, subcategories of land use designations shall apply as shown on Page 3-3 of the Specific Plan. SECTION 5: The City Council declares that, should any prov1s1on, section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance 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 would not affect the validity of the remaining section or portions of the Ordinance. The City Council declares that it would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words of this Ordinance whether any one or more provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words may be declared invalid or unconstitutional. SECTION 6: The City Clerk is directed to certify to the passage and adoption of this Ordinance, certify its approval by the Mayor, and publish this Ordinance according to law. Ordinance No. 17-1029 Page 4 of4 PASSED, APPROVED, AND ADOPTED this 17th day of April, 2018. William Man, Mayor ATTEST: APPROVED AS TO FORM: Peggy Kuo, City Clerk Eric S. Vail, City Attorney I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No. 17-1029 was introduced at the regular meeting of the City Council of the City of Temple City held on the 5th day of December 2017, and was duly passed, approved, and adopted by said Council at the regular meeting held on the 17th day of April 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmember- Councilmember- Councilmember- Councilmember- Peggy Kuo, City Clerk