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Home My Public Portal AboutOrdinance 74-381ORDINANCE NO. 74 -381 AN ORDINANCE OF THE CITY. OF TEMPLE CITY ADDING NEW PART XIIIB TO.ARTICLE IX OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO RESIDENTIAL PLANNED DEVELOPMENT DISTRICTS THE CITY COUNCIL OF THE'CITY OF TEMPLE CITY DOES ORDIAN AS FOLLOWS: SECTION 1. New Part XIIIB is hereby added to Article IX of the Temple City Municipal Code, reading as follows: ARTICLE IX PART XIIIB RESIDENTIAL PLANNED DEVELOPMENT (RPD.) DISTRICTS 9430. Residential Planned Development Districts. Residential Planned Development Districts shall be created in the same manner as property is reclassified from one zone to another within the City, as set for forth in Section 9250 et seq. hereof. When an RPD District has been so created, the zone of the property shall be designated upon the zoning map of the City by the zoning symbol "RPD ". 9431. Permitted Uses in RPD Districts. Any use permitted in any "R" Zone may be permitted in RPD Districts subject to regulations set forth in this Part. 9432. Purpose. Where a proposal for a residential develop- ment makes it desirable to apply regulations more flexible than those applicable to other zones in. this Article, a Residential Planned Development District may be established to provide diversification in the location of structures and other site qualities while insuring compliance._ with the General Plan and compatibility with existing and future developments in surrounding areas. 9433. Area. The minimum area for an RPD District shall be 1 acre. 9434. Provisional Plan. An application for a change of classification to an RPD District shall be accompanied by a Provisional Plan showing the site proposed for the development, the character and use of adjoining property, the general size, location and use of all proposed buildings and structures to be placed on the site, the location and dimensions of streets, parking areas, open areas and other public and private facilities and uses. 9435. Procedure. The change of classification shall be determined pursuant to the procedure set forth in Section 9250 et seq. hereof and the Provisional Plan shall be merged with and become a part of the RPD District for the particular property so classified. Any substantial change in the Provisional Plan merged into an RPD District shall constitute a reclassification of pro- perty, and such change shall be determined pursuant to Section 9250 et seq. No development of the subject site shall begin and no building permit shall be issued in any case until a Precise Plan of Planned Development shall have been approved by the Planning Commission and /or the City Council as set forth hereafter. Ordinance No. 74 -381 The Precise Plan shall substantially conform: to the Provisional Plan; and if so shall be approved subject to such conditions as may be warranted under Section 9436.. 9436. Precise Plan. ,. The purpose`. of-the Precise Plan is to assure that the °final'plans conform to. the Provisional Plan and to attach such. additional conditions as may be appropriate to such development. 1. Application. The application for approval of a Precise Plan shall be filed with the Planning Department, on a form furnished by the _City, and shall be accompanied by a fee in the amount-set by resolution of the Council. The application shall contain the following: (a) The total development plan showing all the dimensions and locations of proposed structures, buildings, streets, parking., _yards, playgrounds, school sites, open spaces and other public or private facilities. The plan shall include a statement of all uses proposed to be established and-the location of each use. (b) Engineering site plans and landscaping plans. (c) Architectural drawings or sketches showing the design and character:" of the proposed structures, uses, and facilities and the physical relationship of all elements. (d) Other pertinent information as may be necessary to determine that the contemplated arrangement-or use makes ...it..desirable to apply regulations and requirements differing from those ordinarily applicable '.under .. -this Code. 2. Hearing The Planning.. Commission shall conduct a public eah ring on the proposed Precise Plan pursuant to the procedure set forth in Section 9206, 9207, 9208, and 9209 of this Code. 3.. Appeals. The procuedure..for appeals shall be the same as set: -forth in Sections 9210, 9211, 9212 and- - 9213 of this Code. 4. Revocation:. Upon recommendation by the City Planning Director, the body which granted final approval of a Precise Plan, shall conduct a,. noticed public hearing to determine whether. such Precise Plan approval should be revoked. If the granting body finds any one of the following facts to be present, it shall revoke the approval: (a) That the-approval was obtained by fraud; or (b)' That the Precise Plan is being implemented contrary to any conditions imposed upon approval of the plan, or in violation of any law. 4 Ordinance No. 74 -381 If the revocation hearing is conducted by the Commission, its decision shall be subject to review on appeal, taken in the time and manner set forth in sub- paragraph (3) hereinabove. 5. Expiration. Any Precise Plan approval permit shall be null and void if it is not exercised within the time specified in the resolution approving such Precise. Plan, or, if no time is so specified, if the same is not exercised within one year from the date said approval becomes final, provided that if litiga- tion is filed prior to, the exercise of such rights, attacking the validity of such approval, the time for exercising such.rights. shall be automatically_ extended pending a final determination of such litigation. The granting body, upon good cause shown by the applicant, may extend the time limitations imposed by this Section, once, for a period of not to exceed one year without a public hearing. 6. Modification.. Any condition imposed upon the approval of a Precise Plan, may be modified or eliminated, or new conditions may be added, provided that the granting body shall first conduct a public hearing thereon, in the same manner as is required for the granting of the same. No such modification shall be made unless the granting body finds that such modification is necessary to . protect the public peace, health and safety, or, in case of deletion of such a condition, that such action is necessary to permit reasonable development under the Precise Plan as approved. If the modification hearing is conducted by the Commission, its decision shall be subject to review on appeal, taken in the time and manner set forth in subparagraph (3) hereinabove. SECTION 2. The City Clerk shall certify to the adoption of this ordinance and to its approval by the Mayor and shall cause the same to be published in the Temple City Times, a newspaper of general circulation, printed, published and circulated in the City of Temple City. APPROVED and ADOPTED this 5th /day of February , 1974. the City of Temple( ty, California 3 Ordinance No. 74 -381 I, Norma W. Case, Chief Depu4yCity= Clerk .of the City of Temple City, do hereby certify. .that.the: foregoing Ordinance, being Ordinance No. 74 -381; 'was introduced at a regular meeting of the- City .Council of the-City of Temple City, held on the 15th day of January , 1974, and was duly passed, approved and adopted by said Council, approved and signed by the Mayor and attested ._by...the City Clerk at a regular meeting of the said City Council held on the 5th day of February , 1974, by the following vote: AYES: NOES: ABSENT: 1 1 Councilmen- Dennis, Gilbertson, Greenberg, Merritt, Tyrell Councilmen -None Councilmen- None Ci y Clerk .of the City of Temple City, California