AGENDA ITEM 7.C. COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: June 1, 2021 TO: The Honorable City Council FROM: Bryan Cook, City Manager By: Scott Reimers, Community Development Director SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 21-1055 AMENDING ARTICLE 9-1T (SPECIAL USES) OF THE ZONING CODE RELATED TO NEW GROCERY STORES RECOMMENDATION: The City Council is recommended to waive further reading and adopt Ordinance No. 21- 1055 (Attachment “A”), amending Article 9-1T (Special Uses) of the Zoning Code related to new grocery stores. BACKGROUND: 1. On December 5, 2017, the City Council adopted Ordinance No. 17-1029 adopting the Crossroads Specific Plan (CSP). 2. On January 7, 2020, the City Council adopted Urgency Ordinance No. 20-1038U which enacted a 45-day moratorium within the MU-C zone of the CSP on public market uses and the subdivision of parcels and tenant spaces. 3. On February 18, 2020, the City Council extended the moratorium for 10 months and 15 days. 4. On December 15, 2020, the City Council extended the moratorium for six months to July 7, 2021. 5. On February 2, 2021, the City Council initiated an amendment to the Crossroads Specific Plan and the Zoning Code related to tenant subdivisions, grocery stores, public food markets, land and air subdivisions, requiring mixed-use or housing as part of new construction, and related policy changes to the CSP. City Council June 1, 2021 Page 2 of 3 6. On March 23, 2021, the Planning Commission held a public hearing on the proposed amendments. The Commission voted to recommend that the City Council adopt the proposed regulations for new grocery stores. 7. On April 20, 2021, the City Council held a public hearing on the item and continued the public hearing to May 18, 2021. 8. On May 18, 2021, the City Council introduced Ordinance No. 21-1055 for first reading by title only, adopting regulations for new grocery stores; waived further reading of the Ordinance; and scheduled the second reading for June 1, 2021. ANALYSIS: The City Council reviewed this item on May 18, 2021 and introduced the proposed ordinance. The motion to approve included deleting paragraph G which would have required recycling to be located indoors. Staff has modified Ordinance No. 21-1055 accordingly. The original staff report from May 18, 2021 is attached to this report (see Attachment “B”). CALIFORNIA ENVIRONMENTAL QUALITY ACT: The City has analyzed the proposed amendment and determined that it is exempt from environmental review under the California Environmental Quality Act (“CEQA”) in accordance with: Section 21084 CEQA (list of exempt classes), Section 15305 (minor alterations to land use limitations), Section 15060(c)(2) (the activity will not result in a direct or in a reasonably foreseeable indirect physical change in the environment), Section 15061(b)(3) (CEQA applies only to projects which have the potential for causing a significant effect on the environment), and Section 15378 (the activity does not meet the definition of a project as it does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment). STRATEGIC GOALS: This action furthers the City Strategic Goals of Good Governance and Economic Development by setting standards and processes that will assist the City in achieving its economic development goals. City Council June 1, 2021 Page 3 of 3 FISCAL IMPACT: Adoption of this Ordinance will not have any impact on the Fiscal Year 2020-21 City Budget. ATTACHMENT: A. Ordinance No. 21-1055 B. May 18, 2021 City Council Staff Report ATTACHMENT A ORDINANCE NO. 21-1055 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, AMENDING TITLE 9 OF THE TEMPLE CITY CODE TO ADD SECTION 9-1T-19 PERTAINING TO GROCERY STORE PERFORMANCE STANDARDS WHEREAS, due to the operations of grocery stores that results in unique land use impacts, the City desires to amend the Zoning Code to address grocery store performance standards citywide; and WHEREAS, on February 2, 2021, the City initiated an amendment to the Zoning Code to address such public market uses citywide; and WHEREAS, the Zoning Code may be amended after Planning Commission’s review and recommendation; and WHEREAS, on March 23, 2021, the Planning Commission held a duly-noticed public hearing to consider the amendments in this Ordinance, and after receiving all evidence and public testimony, voted to recommend adoption of this Ordinance to the City Council; and WHEREAS, the City Council has held a duly-noticed public hearing to consider this Ordinance, which amends the Zoning Code, and received all evidence and public testimony on this item; and WHEREAS, the City Council finds the Ordinance is consistent with the City’s General Plan and the CSP, as amended, and meets the criterion set forth in Temple City Municipal Code (“TCMC”) Sections 9-1C-6, as follows: 1. The proposed amendment to the Zoning Code would not create an internal inconsistency in the General Plan. The proposed amendments do not modify the land use designations or densities in the General Plan Land Use Element. The amendments support the following policies as the amendments allow for continued economic growth and expansion while setting standards for their development and use. LU 2.3 Places to Shop. Provide for and encourage the development of a diversity of uses in Temple City’s downtown core, commercial centers, and corridors to enable residents and businesspersons to shop locally and reduce the need to travel to adjoining communities. LU 4.1 Development Compatibility. Require that development is located and designed to assure compatibility among land uses, addressing such elements as building orientation and setbacks, buffering, visibility and privacy, automobile and truck access, impacts of noise and lighting, landscape quality, and aesthetics. Ordinance No. 21-1055 Page 2 of 4 LU 4.2 High-Impact Uses. Avoid the overconcentration of uses and facilities in any neighborhood or district where their intensities, operations, and/or traffic would adversely impact the character, safety, health, and/or quality of life. Crossroads Policy 2: Promote the development of diverse retail, personal service, and restaurant uses to serve the needs and interests of the residents of Temple City and its surrounding market. Crossroads Policy 3: Ensure uses within the Specific Plan area are compatible with one another and create synergy and vitality within the plan area. 2. The proposed amendment will not be detrimental to the public health, safety, or welfare of the city; and The proposed changes to seek to minimize the impact of uses that could have a negative impact on the surrounding uses by establishing development standards to address and alleviate impacts associated with grocery store operations. 3. The proposed amendment is consistent with other applicable provisions of this Zoning Code. The proposed amendments to the Zoning Code do not create any known internal inconsistencies. Section 9-1A-5 of the Municipal Code provides instruction in cases where conflicts occur. THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDAINS AS FOLLOWS: SECTION 1: The following definition is added to Section 9-1A-12 of the TCMC: GROCERY STORE: A self-service retailer that predominantly sells a combination of foods including, meat, produce, dairy products and household supplies. Grocery stores also typically sell baked goods, toiletries, over the counter medicines, flowers, alcoholic beverages, stationary, magazines, and pet supplies. Grocery stores also meet the performance standards found in 9-1T-19. Regardless of size, grocery stores that meet the grocery store performance standards are classified as “Retail sales, under 10,000 square feet” in the land use and permit requirement tables. Stores that predominantly sell general merchandise and have grocery sections are classified as “Retail sales, 10,000 square feet or greater.” SECTION 2: TCMC Article 9-1T (SPECIAL USES) is amended to add Section 9-1T-19, as follows: Ordinance No. 21-1055 Page 3 of 4 9-1T-19: GROCERY STORE: All grocery stores established after the effective date of this section must abide by the following standards to be classified as “Retail sales, under 10,000 square feet.” A. Existing loading docks must comply with the requirements of Section 9-1E-6 to the extent physically feasible. B. Alcohol sales areas must be no more than 15 percent of the interior square footage of the market. C. Fresh food (not canned, dried, or frozen) must be at least 20 percent of the interior square footage of the market. D. Accessory uses including fast casual or fast food, banks, pharmacies, and other similar uses (excluding public food markets) determined by the Community Development Director are permitted. The total floor area of accessory uses must not exceed 10 percent of the interior building area. E. A security plan must be reviewed and approved by the Community Development Director and continually instituted if calls for service to the Los Angeles County Sheriff’s Department exceeds the City average for a grocery store. F. Exterior windows without tinting must be provided on at least 25 percent of the front elevation of building’s main entrance facade. G. All electronic kiosks, unattended collection boxes, vending machines, online retailer lockers, and such must be located indoors. H. Items displayed outdoors must be displayed using high quality materials such as finished wood, and not pallets, cardboard, or plastic crates and boxes. I. Items for sale indoors must not be stored or displayed in or on cardboard boxes, plastic crates and boxes, metal crates, pallets, wire shelves, or bakery shelves. J. The Community Development Director may restrict loading dock utilization if complaints to code enforcement or the Los Angeles County Sheriff’s Department exceed the City average for a grocery store.