HomeMy Public PortalAboutOrdinance 13-9801
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CITY OF TEMPLE CITY
ORDINANCE NO. 13 -980
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY AMENDING ARTICLE E (SITE PLAN REVIEW
AND CONGESTION MANAGEMENT) OF CHAPTER 1
(ZONING CODE) OF TITLE 9 (ZONING REGULATIONS) OF
THE TEMPLE CITY MUNICIPAL CODE TO CREATE A
DISCRETIONARY SITE PLAN REVIEW PROCESS.
WHEREAS, The City of Temple City Municipal Code regulates new development through
the Site Plan Review process; and
WHEREAS, the Site Plan Review process dates back to incorporation; and
WHEREAS, The City's 2008 -14 Housing Element removes the Conditional Use Permit
requirement for multi - family housing; and
s WHEREAS, The Site Plan Review process does not address potential impacts from new
development on neighboring properties or the environment; and
WHEREAS, The Site Plan Review process does not provide for public participation; and
WHEREAS, the City of Temple City has a substantial interest in promoting the public
health safety and welfare of the community; and
WHEREAS, the City of Temple City recognizes the need to implement reasonable review
of new development in order to protect the public safety; and
WHEREAS, the Planning Commission of the City of Temple City held a public hearing on
August 27, 2013 to consider this code amendment; and
WHEREAS, the Planning Commission of the City of Temple City recommended the City
Council approve the Code Amendment establishing a discretionary Site Plan Review process;
and
WHEREAS, it is the intent of the City Council, in enacting this ordinance, to regulate new
development to ensure they are designed in a manner that is compatible with neighboring
properties and does not create significant environmental impacts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY
ORDAINS AS FOLLOWS:
SECTION 1: Sections 9180 to 9187 of Article E ( "Site Plan Review and Congestion
Management Program ") of Chapter 1 ( "Zoning Code ") of Title 9 ( "Zoning Regulations ") of the
Temple City Municipal Code is amended to read as follows:
PART 1. SITE PLAN REVIEW
9180: PURPOSE
A. A Site Plan Review is a discretionary land use permit that is required for all proposed
land uses that involve construction. The purpose of the site plan review process is to:
1. Ensure that construction occurs in a manner consistent with the overall goals and
objectives of the General Plan and the Zoning Code;
2. Ensure that all construction is consistent with the development standards
contained in the Zoning Code;
3. Ensure that the proposed architectural design and treatment of construction is
consistent with the design guidelines contained in the Zoning Code;
4. Ensure that the proposed architectural design and treatment of construction is
designed to minimize adverse aesthetic and environmental impacts on the site
and its surroundings, and are compatible with its surroundings;
5. To ensure that the site design and layout is consistent with all parking standards
as well as requirements for vehicular and pedestrian safety, ingress, and egress;
6. Allow all City departments the opportunity to review new development proposals
and place reasonable conditions to ensure that the public health, safety and
welfare are maintained.
B. Construction Defined. For the purpose of this Part, the term "construction" shall mean
any and all of the following:
1. Construction, expansion or renovation of any new or existing residential, commercial,
industrial or institutional uses or structures.
2. Construction, expansion or renovation of any new or existing additions, buildings,
other accessory structures, landscaping, grading, open space, signs or similar
constructions.
3. Site design and layout.
9181: APPLICABILITY
All construction requires approval of a site plan or zoning clearance prior to the issuance of a
building permit, or prior to commencement of construction if a building permit is not required.
There are two types of site plan review: Minor, and Major.
A. Major Site Plan Review. The following construction types are subject to a Major Site
Plan Review:
1. All commercial, industrial, mixed -use, multi - family residential, and institutional
construction where new square footage is proposed;
2. All commercial, industrial, mixed -use, multi- family residential, and institutional
construction where more than 50% of the existing square footage is being renovated;
3. All subdivisions, if any construction is proposed;
4. Any affordable housing project involving a concession under the State's Density
Bonus Law. The City Council is the Approval Body for this project type based on a
recommendation of the Planning Commission.
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5. Any other construction not identified as requiring a Minor Site Plan Review or Zoning
Clearance, as determined by the Director.
B. Minor Site Plan Review. The following construction is subject to a Minor Site Plan
Review:
1. New two story single family residences or additions above the first story to a single -
family residence;
2. Facade improvements on commercial, industrial, mixed use, and institutional uses,
provided there is no square footage being added;
3. Accessory structures for multi - family, commercial, industrial, mixed use, and
institutional uses, including trash enclosures and other non - habitable structures that
are 120 square feet or larger; provided there is no habitable square footage being
added;
4. The addition of outdoor seating areas to existing restaurants provided there is no
interior square footage being added.
9182: APPLICATION PROCEDURE
A. Application and Fees. An application for a Site Plan Review shall be filed with the
Planning Division on the prescribed application form and shall be accompanied by the
following:
1. A completed environmental information form describing existing environmental
conditions, the proposed project and identifying potential environmental impacts of
the project (not required for Zoning Clearance);.
2. Maps, drawings, site plans, building elevations, proposed colors and building
materials, summary tabulations and other documents and information required on the
standard City application form to describe the project adequately; and
3. Required fee(s).
B. Scope of Review. Where a Site Plan Review is required for construction under the
provisions of this article, the following aspects of the project are to be reviewed by the
approval body:
1. The location of the construction in relation to location of buildings on adjoining sites,
with particular attention to privacy, views, any physical constraint identified on the site
and the characteristics of the area in which the site is located;
2. The degree to which the construction will complement and /or improve upon the
quality of existing development in the vicinity of the proposed construction and the
extent to which adverse impacts to surrounding properties can be minimized;
3. The effect of the proposed construction on surrounding uses, including ensuring
minimum disruption to such uses;
4. Whether the development standards set forth in the Zoning Code applicable to the
construction have been satisfied;
5. Whether the design guidelines applicable to the construction set forth in the Zoning
Code have been substantially met.
C. Development Review Committee (DRC) Review. All Minor and Major Site Plan
Reviews require review by the Development Review Committee.
1. Membership. The DRC shall consist of the Director, or designee, and representatives
of all City departments and contract agencies (e.g. public works, fire, police) involved
in approval of new development.
2. Duties and Authority. The duties and responsibilities of the DRC shall be to review
the proposed construction, provide applicants with appropriate design comments,
provide project conditions, and make recommendations to the Director, or the
Commission, as provided by this zoning code.
D. Public Hearing Required. All Major Site Plan Reviews shall require a public hearing in
accordance with Section 9183. Minor Site Plan Reviews do not require a public hearing.
However, the Director may, due to the nature of a proposed project, require that a public
hearing be held for a Minor Site Plan Review.
E. Noticing for Single - Family Residences. New two story single family residences or
additions above the first story to a single - family residence requires that the owners of
properties within 100 feet of a proposed project be notified ten (10) days prior to the
Community Development Director approving the project.
F. Approval Body. The Director, or designee, shall be responsible for the approval of Site
Plan Reviews, except, under the following conditions:
1. When a site plan review is sought in conjunction with another application that
requires Planning Commission review, the Planning Commission shall become
the approval body.
2. When a site plan review also involves concessions under the State's Density
Bonus Law. The City Council is the approval body upon recommendation of the
Planning Commission.
G. Findings of Fact. All Minor and Major Site Plan Reviews require the approval body
make findings of fact in order to approve a Site Plan Review application. The approval
body shall issue the decision and the findings upon which the decision is based in writing.
The approval body may approve a site plan review application with or without conditions,
if all of the following findings are made:
1. The construction complies with all applicable provisions of this Zoning Code;
2. The construction is consistent with the General Plan, any applicable specific plan,
and any special design theme adopted by the City for the site and vicinity;
3. The approval of the site plan review is in compliance with the California
Environmental Quality Act (CEQA);
4. The proposed structures, signs, site development, grading and /or landscaping are
compatible in design, appearance and scale, with existing uses, development, signs,
structures and landscaping for the surrounding area;
5. The site is adequate in size and shape to accommodate the proposed structures,
yards, walls, fences, parking, landscaping, and other development features.
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9183: PUBLIC HEARINGS
A. Required Hearings. Public Hearings before the Director shall be held for all Major Site
Plan Reviews and for Minor Site Plan Reviews as determined by the Director in
accordance with Section 9182(D).
B. Required Hearings for Projects Involving Density Bonus Concessions. A public
hearing shall be held before the Planning Commission for all Site Plan Reviews that also
involves concessions under the State's Density Bonus Law. The Planning Commission
shall make a recommendation to the City Council. The City Council will hold a public
hearing and make a final determination on the project.
C. Notices. The public shall be provided notice of director hearings in the same manner as
is contained in Section 9207.
D. Decisions. The decision of the Director is final unless appealed. The appeal period
shall end at twelve o'clock (12:00) noon of the fifteenth day following the date of decision
by the Director. Appeals must be filed in writing in accordance with Section 9184. Upon
filing of an appeal in the manner herein set forth, the decision of the Director shall be
suspended. Decisions of the City Council are final.
E. Director Hearing Schedule. Public Hearings before the Director shall be scheduled for
the second Tuesday of the month at 5:00 pm. Additional meetings may be scheduled by
the Director as needed.
9184: APPEALS
A. Decisions of the Director on Site Plan Review applications may be appealed to the
Planning Commission. Decisions by the Commission may be appealed to the City
Council.
B. Appeals may be initiated by an applicant, any resident of the City, or any person owning
real property in the City aggrieved by a decision of the Director. A notice of appeal shall
be in writing and shall be filed in the office of the City Clerk upon forms provided by the
city. An appeal from decision, determination, or interpretation of the Director in the
administration of the provisions of this article must set forth specifically the error or abuse
of discretion claimed by the appellant or how an application did meet or fail to meet, as
the case may be, the standards of this article.
C. Appeal Hearing and Notice. Once filed, the appeal shall be held before the Planning
Commission at their next meeting where the noticing requirements can be met. Appeal
hearings shall be noticed in accordance with Section 9207.
D. Commission Decision. On an appeal from a decision of the director, the Planning
Commission shall consider the matter at a public hearing and may affirm, reverse or
modify the decision of the Director. If the applicant or any other party as defined in
9184(B) is dissatisfied with the decision of the Commission, they may within a fifteen (15)
day time period, appeal the same to the council, in the same manner as an appeal is
taken from the decision of the Director. An appeal to the Council shall be filed with the
city clerk.
9185: EXPIRATION OF SITE PLAN REVIEWS:
Approval of a Site Plan by the approval body shall lapse and become null and void two (2) years
following the effective date of the Site Plan review approval, unless, prior to the expiration date, (i)
a building permit is issued and construction is being diligently pursued towards completion; or (ii)
a certificate of occupancy is issued for the construction which was the subject of the application.
A one (1) year extension may be granted by the Director upon written request by the applicant
received at least thirty (30) days prior to Site Plan approval expiration date, providing that there is
no changes to the project. An application for extension. involving any substantial change from the
original plan or the conditions of approval, as determined by the Director, shall be subject to all of
the provisions of this article and shall require a new application. As a condition of granting an
extension of time, the approval body may review or impose additional conditions to ensure that
the development plan will be in compliance with City standards in effect at such time such
extension is granted.
9186: SITE PLAN REVIEW, EFFECT UPON BUILDING PERMITS
Where the provisions of this article require that a site plan review be submitted for approval, no
building permit shall be issued or, if one is issued in error, the same shall be suspended until a
site plan has been approved in the manner set forth in this article:
9187: ZONING CLEARANCE
A. Purpose. A Zoning Clearance is the procedure used by the City to verify that a proposed
structure or land use complies with (i) the permitted list of activities allowed in the
applicable zoning district, and (ii) the development standards applicable to the type of
use. Where the Code requires zoning clearance as a prerequisite to establishing a land
use, the Director shall evaluate the proposed use to determine whether the clearance
may be granted in compliance with this section.
B. Application and Fees. An application for a Zoning Clearance shall be filed with the
Planning Division on the prescribed application form and shall be accompanied by the
following:
1. Maps, drawings, site plans, building elevations, proposed colors and building
materials; summary tabulations and other documents and information required on
the standard City application form to describe the project adequately; and
Required fee(s):
C. Applicability. Zoning Clearances are not considered discretionary for purposes of the
California Environmental Act (CEQA). A zoning clearance shall be required at the time of
department review of any building, grading or other construction permit, or other
authorization required by this development code for the proposed use. The following
construction is subject to a Zoning Clearance:
1. All single story new single- family residences;
2. Single story additions to single- family residences;
3. Single story accessory structures;
4. All fences and walls;
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5. All pools, spas, and their related equipment;
6. All residential patio covers;
7. Any proposed demolition, where new construction is not proposed.
8. All commercial, industrial, mixed -use, and institutional tenant improvements, provided
no exterior changes are proposed;
9. Any other construction that requires a building permit but does not require a Major or
Minor Site Plan Review.
D. Criteria for Clearance. The director shall issue the zoning clearance after determining
that the request complies with all zoning code provisions applicable to the proposed
project.
E. A zoning clearance is not required for projects that have been approved under another
permit process identified in this chapter.
SECTION 2: This Ordinance shall be effective on the 31st day after adoption.
SECTION 3: The City Clerk, or her duly appointed deputy, shall attest to the adoption
of this Ordinance, and shall cause this Ordinance to be posted in the manner required by law.
PASSED, APPROVED, AND ADOPTED this 19th day of November, 2013.
ATTEST:
APPROVED AS TO FORM:
I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing
Ordinance No. 13 -980 was introduced at the regular meeting of the City Council of the City of
Temple City held on the 5th day of November 2013, its second reading on 19th day of November,
2013, and was duly passed, approved and adopted by said Council at the regular meeting held on
19th day of November, 2013 by the following vote:
AYES: Councilmember- Chavez, Vizcarra, Yu, Blum, Sternquist
NOES: Councilmember -None
ABSENT: Councilmember -None
ABSTAIN: Councilmember -None
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