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Home My Public Portal AboutOrdinance 06-9091 1 1 ORDINANCE NO. 06 -909 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY ZONING CODE RELATIVE TO MODIFYING THE PRINCIPAL DWELLING UNIT DETERMINATION PROCESS AND MODIFYING THE ALLOWABLE REPAIRS AND IMPROVEMENTS TO LEGAL NON CONFORMING BUILDINGS, STRUCTURES AND USES THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1. Based upon information contained in the Staff Reports to the Planning Commission dated July 11, February 14 and 28, 2006, and based upon information and discussion in regard to the Negative Declaration as well as information which was provided in the City Council Staff Report dated August 15 and April 4, 2006, and based testimony received at the Planning Commission meetings of July 11, February 14 and 28, 2006, as well as testimony which was received at the City Council meetings of August 15 and April 4, 2006, the City Council hereby amends the Zoning Code of the City of Temple City as described in Section 4 below based upon the findings set forth in Section 2 below and based upon the Environmental Assessment which is discussed in Section 3 below. SECTION 2. The need for a Zoning Code amendment is based upon the following findings: 1. The Temple City Zoning Code currently allows for a Principal Dwelling Unit determination on R -1 Zone lots which contain or which have been improved with more than one dwelling unit; 2. This Principal Dwelling Unit determination process is rather unique to Temple City and allows property owners to expand the principal dwelling on an R -1 zoned lot improved with more than one dwelling unit; most neighboring cities consider all dwelling units to be non - conforming when more than one dwelling unit is found on an R -1 Zoned lot; 3. The Temple City Zoning Code currently specifies that improvements to non- conforming buildings and structures may not exceed a cost of 50% of the then assessed value of the structure; because of the provisions contained in Proposition 13 and because of the rising values of property, this limitation proves to be ineffective in many instances; 4. In order to clarify an ambiguity and provide greater clarity for City Staff in administering the provision to the Zoning Code relative to maintenance and repair to non - conforming dwellings, the Community Development Director generated a Memorandum to the Staff specifying certain allowable improvements; in some instances, the list of allowable improvements is considered to be overly restrictive in terms of allowing the continued use and enjoyment of a non- conforming dwelling; 5. Additionally, due to the outdated and ineffective verbiage contained in the Zoning Code and due to the ambiguity regarding allowable improvements, which may be made to non - conforming dwellings, the City Council is considering a Zoning Code Amendment to further clarify the subject matter. SECTION 3. This project (amendments to the Temple City Zoning Code relative to modifying the principal dwelling unit determination process and modifying the allowable repairs and improvements to legal non conforming buildings, structures and uses) shall result in no significant effects upon the environment and a Negative Declaration has been prepared in accordance with the State CEQA Guidelines. The initial study as prepared indicates that there is no potential for adverse impact to the environment as it relates to all wild animals, birds, plants, fish, amphibians and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. Ordinance No. 06 -909 Page 2 SECTION 4. The Planning Commission hereby recommends that the following sections be added to the Temple City Zoning Code: ARTICLE IX CHAPTER 1 — ZONING CODE PART VIII — REGULATIONS APPLICABLE TO NON - CONFORMING USES, BUILDINGS AND STRUCTURES SECTION 9274 REPAIR AND MAINTENANCE. A. Ordinary Repair and Maintenance. Except as set forth in Paragraph "C" following, the ordinary repair and maintenance of a nonconforming building or structure shall be permitted, provided that the cost thereof shall not ctructurc, in any calendar year such improvements shall not result in the expansion of the footprint of such a building or result in the addition of floor area to any such non - conforming structure. C. Conforming buildings Limitations on non - conforming uses remodeling deemed appropriate by thc property owner where thc building or structure is conforming but the use thereof is not. Where a building(s) or structure(s) on a given lot is deemed to be a non - conforming use because R is situated on an R-1 zoned lot improved with more than one dwelling unit, then said non- conforming buildings and structures may not be expanded or enlarged with any additional square footage or building bulk, but may be repaired, maintained and upgraded in conformance with all applicable provisions of the Building Code. The Principal Dwelling Unit, as defined lay Sec. 9275.C.1.a. of this Chapter, shall be exempt from this provision and shall be allowed to expand to the extent permitted 12y the Zoning Code. E. Assessed Value: For the purpose of this section, "assessed value" shall mean the than assessed value of the building or structurc as shown on the currcnt acscssment roll in effect at thc time of Ord. 87 620) SECTION 9275 PERMITTED ALTERATIONS AND /OR ADDITIONS TO NONCONFORMING BUILDINGS AND STRUCTURES 1. R -1 and R -2 Structural Changes a. Whenever a second two or more dwelling units exists on an R -1 lot, at least scven thousand two hundred (7,200) square feet in ar a and a request is made to expand the square footage of one of the units, the planning director Community Development Director or his /her designee shall determine that one of the dwelling units is the principal residential dwelling and such dwelling unit shall not thereafter be deemed nonconforming to the extent it was constructed in conformity with zoning regulations in effect at the time 1 1 1 1 Ordinance No. 06 -909 Page 3 of construction. The second remaining dwelling units shall be considered a secondary use and shall be deemed nonconforming and may not be expanded or enlarged. The principal dwelling unit shall be the dwelling that most accurately fulfills at least two of the following three criteria: 1. That unit which was built first. 2. That unit which is located closest to the street. On a corner lot, it shall be the unit which is closest to the narrowest street frontage of the lot (the front lot line as determined by the Director or his /her designee) 3. That unit which is the largest by means of having the most floor area. Any person dissatisfied with the planning director's decision of the Community Development Director or his /her designee may ask for a review by the planning commission with respect thereto, at no cost. The decision of the planning commission may be appealed to the city council whose decision shall be final. b. A nonconforming residential structure on an R -1 or R -2 lot shall be permitted to construct accessory off street parking structures (garages), provided that the proposed addition otherwise complies with existing zoning regulations applicable to R -1 and R -2 zones, and further provided that no previous conversion was constructed with a permit or subsequently brought up to code. SECTION 9278 EXCEPTION; R 1 AND R 2 DEVELOPMENTS: B. As of said date, conformed to all of the then zoning regulations of the city, shall not be deemed chapter thereto; provided that: any alterations, extension, expansion, reconstruction or regulations in effect pursuant to said ordinance 63 112, as amended as of August 18, 1967. The of this section, be deemed to be in full force and effect. (1060 Code) SECTION 9278.1 Shall be re- numbered to SECTION 9278. SECTION 5. 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. APPROVED AND ADOPTED on this 5th day of Septe ber, 2006. ATTEST: MAYOR Ordinance No. 06 -909 Page 4 I, City Clerk of the City of Temple City, do hereby certify that the foregoing Ordinance, Ordinance No. 06 -909, was introduced at the regular meeting of the City Council of the City of Temple City held on the 15th day of August, 2006 and was duly passed, approved and adopted by said Council at their regular meeting held on the 5th day of September, 2006 by the following vote: AYES: Councilmember - Arrighi, Wong, Capra NOES: Councilmember - Gillanders, Wilson ABSENT: Councilmember -None ABSTAIN: Councilmember -None InAaAl City Clerk 1 1 1