HomeMy Public PortalAbout15) 8A Appeal of Planning Commission Decision for Zoning Code InterpretationCity Council
February 2 , 2016
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3. Between October 9 , 2014 and June 24 , 2015, two stop work orders and seven
correction notices were written for work performed outside the approved plans .
Additionally , four plan revisions were submitted to reflect additional work that was
outside the scope of the approved plans .
4 . On August 7 , 2015 , at the request of the property owner , Planning staff met the
designer at the project site to go over the de termina t ion of what the City
determined as demol ished .
5. On October 27 , 2015 , the Planning Commission received and filed the Planning
staff's Interpretation regarding the demolition of building area . The Planning
Commission requested to review the Interpretation for 6134 Camellia Avenue at a
future meeting (see Attachment "B" for Interpretation and Attachment "C" for
meeting minutes).
6. On December 8, 2015 , the Planning Commission held a public hearing to consider
the Interpretation for 6134 Camellia Avenue. The Plann ing Commission voted
unan imously to uphold Planning staff's Zoning Code Interpretation (see
Attachment "D" for staff report and Attachment "E" for meeting minutes).
7. On December 18 , 2015 , an appeal of the Planning Commission 's decision was
filed with the City Clerk .
ANALYSIS :
Temple City Zoning Code
The Temple City Zoning Code {TCZC) is a document that is written to cover typical
situations and cannot cover every contingency . From time to time the TCZC lacks the
specificity needed to implement it. Section 9-1 D-5 recognizes that these situations or
instances will occur and provides for ways of clarifying ambiguity . The City 's Mun icipal
Code provides that the Director shall make a determination or interpretation of the
TCZC as necessary to handle circumstances .
The TCZC allows legal non-conforming uses and structures to continue to be used as
long as significant modifications are not made and the use or structure is not
discontinued for a prolonged period of time . The TCZC states that in some instances
the remodeling of a structure can be considered a "new" dwelling. In these cases,
Article H of the TCZC requires the entire site to be brought into conformance with
applicable development standards . One of these instances is if the proposed project
includes the voluntarily demolition of 50 percent or more of the existing square footage
of the structure including any attached garage . The TCZC does not specify how
demolition is determined , which is the purpose of the proposed Interpretation .
City Council
February 2, 2016
Page 3 of 4
Zoning Code Interpretation
The Interpretation breaks down the 50 percent standard into four genera l parts of a
building and assigns each portion a proportio n of the structure (roof framing const itutes
20 percent , wall framing 60 percent , floor framing 10 percent , and the foundation 10
percent of the structure 's square footage ). Wall framing involves the greatest potential
for difficulty in calculating as demolition and remodeling can create many d iffere nt
scenarios . Staff identified 10 different aspects of construction and determined whether
the work would be cons idered a demolition or not. The basic principles are :
• Filling in windows or doors without modifying framing members should not be
counted as demolition ;
• Work that modifies fram ing members shou ld be counted as demolition ; and
• Work that nullifies the purpose of framing members should be counted as
demolition .
A more thorough discussion of the details can be found in the Planning Commission
Staff Report (Attachment D) and in the Interpretation (Attachment B).
6134 Camellia Avenue
The property at 6134 Camellia Avenue has a single family house with a detached
second res idential unit in the rear. Th is is considered a legally non -conforming
condition since the property is now zoned R-1 allowing only one house on the property .
Under two scenarios the property owner would need to bring the whole property into
conformance with the TCZC , including modifying or demolishing the rear unit. The first
is if the property owner proposes an addition greater than 50 percent the size of the
front house . The second is if the property owner demolished more than 50 percent of
the front house . In this case , the property owner has approved plans to add onto and
remodel the front house. The size of the addition is less than 50 percent of the ex isting
area . Staff has found , based on the Interpretation that the property owner has
demolished more than 50 percent of the house. Staffs determination of de molition
conforms to the Interpretation , see Attachment "F".
Staffs Interpretation of the applicant's demol it ion differs from the property owner's
calculation as it includes a five foot segment of a wall that was demol ished to install a
larger window. To enlarge a window a new sill , header , and stud must be installed .
Since these are new fram i ng members and the ex isting fram i ng members make up a
minority of the wall 's structure , staff believes it is appropriate to ca lculate the area as a
demolition . Adding this five foot wall increases the total house demolition to 50 .184
percen t. The enlargement of the window in question was not shown on the approved
plans , so th i s did not come to staffs attention until after the window had already been
installed .
If the C ity Council were to uphold Planning staffs Interpretation , the property owner
would need to bring the property into compliance with the TCZC , most notably by
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City Council
February 2, 2016
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modifying the legally non-conforming rear unit (6136 Came ll ia Avenue ) to provide
addit ional garage parking and reducing its size to less than 640 sq uare feet of li ving
area which is the maximum size for a guest house or second un it.
CITY STRATEGIC GOALS:
Upholding the Planning Commission 's dec ision w ill further the City 's Strategic Go als of
Public Health and Safety , and Quality of Life .
FISCAL IMPACT:
This item does not have a n im pact on the Fiscal Year 2015-16 City Budget.
ATTACHMENTS :
A. Resolution No . 16-5143
B. Zoning Code Interpretation-Ca lculati on of Demolition
C. Planning Commission Meeting Minutes of October 27 , 2015
D. Planning Commission Staff Report and Attachments
E. Plann in g Commission Meeting Minutes of December 8 , 2015
F. Staffs Calculation of Demolition for 6134 Camellia Avenue
ATTACHMENT A
RESOLUTION NO. 16-5143
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY UPHOLDING THE COMMUNITY
DEVELOPMENT DIRECTOR 'S INTERPRETATION OF
AREA DEMOLISHED AND THE APPLICATION OF IT FOR
A PROJECT LOCATED AT 6134 CAMELLIA AVENUE .
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY
RESOLVE:
SECTION 1. The City Co uncil has conside red all of the ev idence subm itted i nto
th e adm in istrative record , wh ich includes , but is not l imited to :
1. Reports and presentation of project related data and analysis prepared by the
Community Development Department.
2 . The C ity of Temple Cit y Mun icipal Code , and all other app l icab le regu lations and
codes .
3 . Pub lic comments , written and ora l, rece ived and/or submitted at or prior to the
public hearing , supporti ng and/or opposing the applicant's request.
4 . Testimony and/or comments from the applicant and its representatives subm itted
to t he City in both wr itte n and oral fo rm at or prior to the publ ic hea ri ng .
5. A ll related documents re ce ived and /or subm itted at or prior to the publ i c hea ri ng .
SECTION 2. Based on the following prefacing facts as more fully set forth in the
administrati ve record , the C ity Council finds that:
1. On July 22 , 2013 , the app licant subm itted the appl ication for Site Plan Re vi ew.
2 . On August 16, 2013 , comments were provided to the designer regarding
potential issues w ith the recent the property being identified on the City's 2012
Historic Resources Survey.
3. On September 18 , 2013 , after consulting with the Californ ia Office of Historic
Preservation the C ity 's Planning Manager determ ined that the C ity's 2012
Historic Resources Survey was invalid due to flaws i n the criteria used to
es tab li sh the survey.
4. In January 2014 , the app licant subm itted rev ised plans after receiv ing notification
t hat the City 's 20 12 Historic Resources Survey was no longer val id .
City Council of the City of Temple City
Resolution No. 16-5143
February 2, 2016
Page 2
5 . On August 21 , 2014 , building permits were issued for a 1,532 square foot
add ition and remodel for 6134 Camellia Avenue .
6 . On October 9, 2014 , a Stop Work Order was issued by the City 's Bu i lding
Inspector for work to the roof framing performed outside the scope of work .
7 . On October 29, 2014 , revised plans were approved by the City's Building Plan
Checker. However, the City's Building Inspector reviewed the rev ised p lans and
noticed that they still d id not match the existing conditions and wrote a Correction
Notice requesting that the plans be revised again to match the existing conditions
at the site .
8 . On November 4 , 2014 , the City 's Building Inspector wrote a Stop Work Order
requesting that plans be revised to reflect the existing site conditions.
9. On January 22, 2015 , the City 's Building Plan Checker approved rev ised plans
for the additional work to the roof.
10 . On March 10 , 2015 , the C ity 's Build ing Inspector wrote a Correction Notice
requesting the engineer to revise their plans to match the existing ra ised floor
framing and no existing footing pads and girders were located under the existi ng
bath room at the northeast corner of the existing house .
11. On March 23 , 2015 , the City's Building Plan Checker approved revised plans to
reinforce the existing raised floor with new pad footings and girders .
12 . On June 4 , 2015 , the City's Building Inspector wrote a Correction Notice for work
performed outside the scope of work (i.e ., existing ceiling joists removed , new
ridge beam and roof rafters installed at porch , and top plate height increased in
the liv ing room and d ining room).
13 . On June 17 , 2015 , the City's Building Inspector wrote another Correction Notice
requesting revised p lans for the work performed outside the approved plans .
14 . On June 24 , 2015 , the City 's Building Plan Checker approved plans ind icating
new framing members for areas that were shown as existing .
15 . On June 24, 2015 , Planning staff conducted a site visit and observed walls that
were reconstructed and several windows and doors that were reframed that were
shown as existing on the approved plann ing set.
16 . On August 7, 2015 , at the request of the property owner Planning staff met the
designer at the project site to go over the determination of what the City
determined as demol ished .
C ity Co unci l of the City of Temple City
Resolution No. 16-5143
February 2, 20 16
Page 3
17. On October 27 , 20 15 , the Planning Commission received and filed the Planning
staffs Zoning Code Interpretation regarding the demolition of bu il di ng area and
requested to review the Zoning Code Interpretation at 6134 Camellia Avenue at a
future meeting .
18 . Notice of the December 8 , 2015 Plann i ng Commission public hearing was posted
at the Council Chambers .
19 . Not ice of the Planning Commission publ ic hearing was put in the newspaper at
least ten (1 0) days pr ior to the hearing .
20 . On December 18 , 2015 , an appeal of the Planning Commission 's decision was
fi led w ith the City Cle rk .
21 . Notice of the February 2 , 2016 City Council public hearing was posted at the
Coun cil Chambers .
22. Notice of the City Council public hearing was published in the newspape r at least
ten (10 ) days prior to the hearing .
23 . Notice of the public hearings satisfied the noticing requirements set forth in
Government Code Sections 65090 and 65091 .
24 . The project site is designated R-1 (Single-Family Residential).
25 . The project site is designated Low-Dens ity Residentia l by the General Plan .
SECTION 3. Th is project is categorica l ly e xempt from environmental rev iew per
Section 15305 (Minor Alterations in Land Use Limitations ) of the CEQA Guidelines .
SECTION 4. The Community Development Director's Zoning Code Interp retation
for Calculation of Demolition is upheld .
SECTION 5. Based upon the publi c hea ri ng for f i le no . 13-613 and 15 -3 1 the city
council finds that the demol ition work performed at the property at 6134 Camellia
Avenue has exceeded the maximum permitted demolition work per the Zon ing Code
Interpretation for Calculatio n of Demolition .
SECTION 6. The City Clerk shall certify to the adoption of this Resolution .
City Council of the City of Temple C it y
Resolution No. 16-5143
February 2, 201 6
Page4
PASSED , APPROVED AND ADOPTED THIS 2 N° DAY OF FEBRUARY, 2016.
Tom Chavez , Mayor
ATIEST: APPROVED AS TO FORM :
Peggy Kuo , City Clerk E ric S . Vail , City Attorney
I , Peggy Kuo , City Clerk of the City of Temple City, hereby cert ify that the foregoing
Reso lut io n , Reso lution No . 16-5 14 3, was adopted by the C ity Council of t he C ity of
Temple C ity at a regular meetin g held on the 2 nd d ay of Feb r uary , 2016 , by t he following
vote :
AYES :
NOES :
ABSEN T:
ABSTAIN :
Peggy Kuo , C ity Clerk
C IT Y O F TE MPLE C I TY PLAN N I NG D I VISION
GENERAL DEVELOPMEN T APPLICATION
I, as the app li cant f or the above reference d project, have reviewed the plans an d the correspondi ng
Zoning Code provisio ns and hereby ce rtify that
• All areas of the property in which demo liti on are propose d are clearly shown o n the pla n s.
• Th e calculations above are acc urat e and that th e propose d demolition is less than 50 perce nt of
the ex isting square footage of t he structu re (i ncluding any attached garage) and /or that the
propose d new cons truction would not double the existing square footage o f the dwell ing.
Applica nt (Print Name) Date
Appli ca nt Signatu re
Property Owner (Print Name) Date
Property Owner Signature
PA GE2 0F 2 R EV I SED: 8/201 3
PLANNING COMMISSION
T EMPLE CITY, CALIFORNIA
REGULAR MEETING
OCTOBER 27 , 20 15 -7 :30 P .M .
1 . CALL TO ORDER -Chairman O'Lea ry
ATTACHMENT C
2 . RO LL CALL -Comm issioner Corde s, Leung , Marston , Haddad, O'Lea ry
PRE SE NT: Commissione r-Cordes , Le ung , Marston , Haddad , O'Leary
ABSE NT : Commissioner-None
ALSO PR ESE NT : Planning Manager Reimers, City Attorney Murp hy , Associa te
Planner Guli ck , and Planning Se cretary Venters
3. P LEDGE OF ALLEGIANCE
4 . PRESENTATIONS
5. PUBLIC COMMEN TS ON IT EMS NOT LISTED ON THE AGENDA -None
6. CONSENT CALENDA R
The Planning Commission is requested to review and approve :
1) Minutes of the Plannin g Commission Meet in g of September 22 , 2015.
Commissio ner Haddad moved to approve the Consent Calend ar. Seconded by
Commissio ner Marston and was approved un anim ous ly by the fo ll owing votes :
AYES :
ABSTA IN :
NOES :
ABSEN T:
Com mi ssioner-Leung , Marston , Haddad , O 'Leary
Comm iss io ner-Cordes
Commissio ner -None
Commissioner-None
7. PUBLIC HEARING
A . A tentative tract map and a major site plan rev iew to constru ct six condomi nium
units located at 5556 We iland Avenue .
The subject site is a request for a tentative tract map and a major site plan review
to constru ct six detached tw o-s to ry condo min ium un its wi th atta ched garages at
5556 Weiland Avenue . The project will consi st of two floor pl an s (1,739 and 1,595
Planning Commission Minutes
October 27 , 2015
Page 2 of 4
square feet of living area), both consisting of four bedrooms and three bathrooms.
The site plan features a 25-foot driveway easement along the southerly portion of
the lot. The front unit will face Weiland Avenue and the remain i ng five units wi ll
face the driveway easeme nt. The property is located in the R-2 zone , and is
designated as Med ium Density Res idential by the City's Gene ral Plan .
Associate Pl anner Gulick gave a brief summary of the staff report .
Chairman O 'Leary opened the pub lic hearing .
Kamen La i. project designer, stated that the proposed deve lopm ent is consi stent
with the su r rounding nei ghborhood . He is willing to comply w ith the conditions of
approval.
Chairman O'Leary close d the publ ic hearing .
Commissio ner Leung made a motion to approve File 15-210 , adopt the reso lutio n ,
and find that the project is categorica lly exempt. Seconded by Commissioner
Haddad and carr ied by the f ol lowing roll call vote :
AYES :
ABSTA IN:
NOES :
ABSENT :
Commissio ne r -Cordes , Leung , Marston , Haddad , O'Leary
Commissio ner -None
Commissio ner -None
Com missi oner-No ne
8. UNF IN ISHED BUSINESS -None
9 . NEW BUS INESS -None
10 . COMMUNICATIONS
A . Report fo r a Zoning Code Int erpretation regarding Calcu lation of Demolitio n.
Planni ng Manager Re ime rs provided various exa mples of struct ural mod ifications
that qualify as a demol it ion . He then explained how demo li tion is ca lcula ted . Mr .
Re imers further br iefed the Com mission regarding an address that t he
abovementioned i nte rpretation would effect. He stated that a property owner
applied to remode l and demolish a portion of their reside nce , however the
applicant's calculation differs from staffs calculation for demolition .
City Attorney Murphy advised that if the Commission desires to hold a public
hearing staff wo ul d nee d to provide further informat ion regarding the City's code
for demo lit io n , the his tory of t he proje ct , and the scope of work .
Cha irma n O'Leary opened t he item for public comment.
P lanning Com mi ss io n Minutes
October 27 , 2015
Page 3 of 4
Thomas So ng , representa tiv e , presented materia l to the Plann in g Commissio n to
support hi s opinion . He stated that he does not consider red ucing the size of a
window a demol it io n .
Jack ie Tsa ng, representa t ive , presented ma terial to the P la nn ing Commission to
support hi s interpretation of t he code .
C ity Att o rn ey Murphy stated t hat the property in question is legal nonconform i ng .
He clarifi ed tha t at certa in t hresho lds of co nstruction t he entire property is
required to be brought i nto compl iance . T he Pl anning Commiss ion has the optio n
to either receive and f ile staff's interpreta tio n of the Code or call for a rev iew of
the Code in a publ ic heari ng forum .
Chairman O 'Leary closed t he it em for publ ic comment .
Com m issi o ner Cordes ma de a motion to receive and f ile staff's interpretation of
the Zon in g Code regardi ng calculation for dem olit ion . Seconded by Chai rm an
O 'Leary and carried by t he f o ll owing vote :
AYES :
ABSTA IN :
NOES :
ABSENT :
Commissio ner-Cordes , Haddad , O'Leary
Commis sion er-None
Commissio ner-Leung , Ma rston
Commissio ner-None
Comm i ss ione r Haddad mo ved to have the Plan ni ng Commiss ion as a higher body
call fo r rev iew staff's interp retat ion of the Zon ing Code rega rding calcula t io n f or
demol it io n . Seconded by Comm iss ione r Leung and carried by the following vo te :
AYES:
ABSTA IN :
NOES :
ABSENT :
Commissio ner-Leung , Ma rst on , Haddad
Commiss io ne r -None
Commissioner -Cordes, O'Lea ry
Com missioner-None
11 . UPDATE FROM THE PLANNING MANAGER
Plann i ng Ma nager Reimers a nn ounced the upcoming Specific Plan Co mm unity
Meeting to ta ke place on Novem ber 5 , 2015 , at 7 :00 p .m . in the C ity Hall Commu nit y
Room .
12. COMMISSION ITEMS SEPARATE FROM THE COMMUNITY DEVELOPMENT
DIRECTORS REGULAR AGENDA
A . COMM ISS IO N ER COR DES-None
December 8, 2015 Pla nni ng Commissio n M ee t ing
Staff Report - Ite m 7C
Zo ning Code Interp retatio n: Calcu lation o f Demo lition
File No. 13-613 and 15 -31 (6134 Camellia Ave nue)
• The owner's contractor has received seven correction notices, an undue amount for a project
with this limited scope and la c k of complexity.
• Th e owner and/or her representatives have submitted plans that are internally inconsistent,
resulting in four revisions to the origina l plans and two rev i sed permits, an undue amount for a
p roject of this size.
• Typically such ambiguities in the Zoning Code are resolved prior to approving plans f or
construction so t hat situations such as this are not created. However, in this i nstance, the
property owner's contractor performed work outside the scope of the approved plans on
numerous occasions and therefore these issues could not be addressed early i n the process.
Staff d o es not believe that any circumstances exist that warrant special consideration or leniency and
recommends that the Planni ng Commission u phold the Zoning Code Interpretation.
NON -CONFORMING USE ORDINANCE:
When a City adopts an o rd i nance it creates a set of rules for new uses or structures. That leaves existing
uses o r structures that do not conform to the new ordinance. Jurisdictions have ordinances regulating
to w hat ex t ent these no n -conforming uses and bu i ldings can be modified. The ge n eral practice is to
allow ex i st ing uses and structu res to continue to be used as long as significant modifications are not
made and the use o r structure is not disconti nued for a prolonged period of time. Generally, though,
new construction and uses must conform to new rules. Sections 9-1H-O through 9-1H-9 of the Temp le
City M un icipal Code (see Attachment H) specify regulations for nonconforming uses, b uildings and
structures. These sections appear to have been carried o ver from the Los Ange les County Code when
the Ci t y incorporated in 1960.
ZONING CODE INTERPRETATION :
Summary of the Interpret ation: The Zoning Code states that in some instances the remode ling of a
structu re can be considered a new dwelling. One of these instances is if the proposed proj ect includes
the voluntary demolition o f 50 percent or more of the existing square footage of t he structu re including
any attached garage. The I nterpretation breaks down the 50 percent standard i nt o four general parts of
a bu i ld i ng and ass igns each portion a proporti on of the struct ure (roof fram i ng constitutes 20 percent,
wall framing 60 percen t, f loor fram i ng 10 percent, and the f oundation 10 pe rcent of the structure's
square footage). Wall framing involves the greatest potential for difficulty in ca lculating as demolition
and remodeling can create many different scenarios. Staff has identified 10 different scenarios and
defined whether the work wou ld be considered a demolition or not. The basic p rin ci ple s for the
interpret ation are:
• Fil l in g in windows or doors without mod ifying framing members should not be counted as
d emolition.
• Work that modifies framing members should be counted as demolition.
• Work that nullifies the purpose of fram ing members should be counted as demolition.
Page 2
December 8, 2015 Planning Commission Meeting
Staff Report-Item 7C
Zoning Code Interpretation: Ca lculation of Demolition
File No. 13-613 and 15-31 (6134 Camellia Avenue)
In preparing the Interpretati on a question surfaced among staff whether an existi ng roof that is covered
with a new roof, sho uld be calculated as a demolition. This is the situation that occurred at 6134
Camell ia Avenue. While t he Di rector believes that a roof that no longer provides any function should
be ca lculated as a demolition, he agreed not to calculate this portion of the roof so as not to overturn a
previou s verbal agreement between staff and t he applicant However, the Commission may want to
give this furthe r consi deration. However even if the roof, in this case , is not co nsid ered demolition the
property continues to exceed the 50 percent demoli tion limit
Ho w the Interpretation was Reached: The portion of the Interpretation dividing the demolition into
certai n proportions for th e roof framing, wall framing, floor framing and foundation has been an
interna l practice of the Pl anning Division for approximately th ree-and-a-half years. It has been used in
more case s than just 6134 Camellia Avenue. Th e cu rren t Planning Ma nag er and Commu nity
De ve lo pment Directo r have continued the use of this practice and have memorialized it in both a
handout given to appl icants of home rem odels proposing demolition and in the attached
Interpretation. The Manager and Director ha ve added to this practice how wall framing demolition
shou ld be counted. Thi s is a direct res ult of the questions t hat came up w ith the project at 6134
Camell ia Avenue.
The Planning Manager and the Community Deve lopment Di rector have prepared the Zoning Code
Interpretation based on a significant leve l of expertise and professional knowledge. Together they ha ve
a combined experience of 30 years in interpreting zoning codes and applying them to projects. Th eir
experie nce includes working in five different jurisdictions in the San Gabriel an d San Fernando Valleys.
For these jurisdictions they have reviewed pl ans for single family additions and remodels, la rge
campuses, written Genera l and Specific Plans, and written numerous zoning code ordinances. The y
continue to expand their knowledge of planning by attend ing conferences and workshops. The
Di recto r is certified by the Am erican Institute of Certified Planners, which requires passing a knowledge
based test and fulfilling continuing education requirements. They attend Counc i l of Government
meetings to share information with other local jurisdictions to stay informed with best practices and the
changing lan dscape of planning .
The practice of ca lcul ating when a structure i s demolished varies across j uri sd ictions, although man y
cities limit an owner to dem o l ish a ce rtain proportion of a structure's elements. Each of these
jurisdictions has d ifferent proportions and some divvy up a structure in different manners, but the basic
principle that a structu re has different components and differing proportions of that structure can be
demoli shed is not an uncommon practice. For instan ce, the City of Duarte looks at the proportion of
demol iti on to a front and rear fa<;ade in combination with t he percentage of exterior walls removed.
Temple City's Interpretation is based on significant expe rienc e, i s genera lly cons is tent with t h e
principles of practices in other jurisdict ions, and is consistent wi th the Ci t y's previous practices.
HOW THE INTERPRETATION APPUES TO 6134 CAMELUA AVENUE:
The Zon ing Code is a docu ment that is w ritten to cover typical situations and cannot cover every
con tingen cy. From time to time the Zoning Codes lacks the specificity needed to implement it Section
Page 3
De cember 8, 2015 Pl ann ing Comm ission Meeting
St aff Report -It em 7C
Zo ning Code I nterpretatio n: Calculat ion o f De molit ion
File No. 13-613 and 15 -31 (6134 Camellia Ave nue)
9-10-5, recognizes that th ese situations or in stances will occur and provides for ways of clarifying
ambigu ity. Th e Code provid es that the Director shall make a determination or in terpretation of the
Zoning Code.
The property at 6134 Camellia Avenue has a single fami ly house with a detac hed second resident i al unit
i n the rear. This is consi dered a legally non -conforming condition since the property is now zoned R-1
allowing only one house on the p roperty. Und er two scenarios the property owner wou ld need to bring
the whole property into co nformance w ith Zo n ing Code, inclu d ing modifyi ng o r demol is hing the rear
unit. The f ir st is if the property owner proposes an addition greater than 50 percent the size of the fron t
house. Th e second is if the property owner d emoli sh ed mo re than 50 percent of t h e front house. In
this case, t he property ow ner has approved pl ans to add onto and remodel t h e fron t house. The size of
t he add it ion is less than 50 percent. Staff has found, based on th e policy in the attached Zoning Code
Interpretation that the prope rty owner has demolished more than 50 percent of the house.
3taff's determination of demolition for 6134 Camellia Avenue conforms to the Interpretation. The
applicant has identified that 80 percent of t he roof's square footage has been demolished. Accord i ng
to the In terp retation, roofs m ake up 20 pe rce nt of a structure. In t he case of 6134 Camellia Avenue, t he
portion of ro o f demolished represents a tota l of 16 percent of the struc t ure's demolition. The property
owner's plan s demonstrate the demolition of 198.25 li nea r feet of the structure's t ota l 35 1.75 l inea r f eet
of interi or and exte rior wa ll s, or 56 .36 percent. Since accord ing to the Interpreta ti on walls make up 60
percent of the structure, thi s accounts for 33.8 1 percent of t he structure's tot al demol ition. The roof
and t he walls demolition, according the property owner's ca lculat ion acco unt for demolition of 49 .816
percent of the structure.
Staff's Zon i ng Code Interpretation differs f rom the property owner's calculation as it includes a five foot
se g me nt of a wall that was demolished t o in stall a larger wi nd ow. To enlarge a wi ndow a new si ll,
hea der, and st ud must be installed . Since these are new f raming members and the ex i sting fram ing
members make up a minority of t he wa ll 's st ru cture, staff be li eves it as appro priate to calcu late the area
as a demol ition. Adding thi s five foot wall increases t h e total wa ll demolitio n t o 56 .973 percen t and t he
t otal hou se demolition to 50.184 percent. Th e en l argement of the window in question was not shown
on the approved plans, so th is did not come to staff's attention until after the win d ow had already been
approved. See Attachment G fo r staff's calculation of demolition.
The cover memorandum distributed to the Pl anning Comm is sion on October 27, 2015 included a
calcu lation of demol ition. Th ese numbers differed from the calcu lation in the Pow erPoint pre sentati o n
given to th e Pl ann i ng Comm i ss ion. The difference between the two demol ition perce nta ges was .485
percent, but in both cases the demol ition exceeded 50 perce nt. The d ifference between t he two
calculations for the percentages of walls d emoli shed was .8098 p ercent. This accounts for the removal
of a wa l l approxi mately two to three feet in length. At the time of writing the Interpretation staff was
discu ssing whether a segment of an existi ng door being converted to a closet should be counted as
demolition . Staff acquiesced to the owne r's des ire to not count thi s area as d emol ition since the
calculation of the window would st ill exceed t h e 50 percent requirement. The Interpretation ref lects
Page 4
December 8, 20 15 Planning Co mmissio n Meeting
Staff Repo rt -Item 7C
Zoning Code Interpret at ion: Calculation o f Dem olition
File No. 13 -6 13 and 15-31 (6134 Cam elli a Aven u e)
that change, but the fig u res in the cover memorandum we re not adj usted accordingly. Staff
ack n owledges this error.
The calcu lation for demolition based on the attached demolition exceeds the SO percent requirement
found i n the Zoning Code. The Zoning Code includes many numerical limitation s including heights of
structu re s, setbacks, lot coverage, and the like. The Zoning Code does not provi de staff the ability to
waive any of these requ i rements or allow for incremental d ifferences between the Zoning Code's
requirements and a buildi ng 's ab ility to meet t hose requirements.
SITE HISTORY AT 6134 CAMELLIA AVENUE:
Des cription of Origina l Plans : The original p lans sub mitted for the property was for a 1,532 square foot
add ition and a remodel of the existing house, both for the building addressed as 6134 Camellia Avenue.
The si te plan also indicated that the existi ng three-car garage and rear unit (6136 Camellia Avenue)
were to be repainted and have a new roof to match 6134 Camel l ia Avenue.
In preparation for this meeting staff has reviewed these plans again and has determined that the plans
incorrectly show the location of the win dow in the Den; this fact was determined by looking at site
photos. The original plan submitted also does not show the existing opening between the Den and the
Living Room , but the proposed floor plan shows th e opening and the cei l ing framing p lan i llustrates a
new header. Planners ca nnot visit every site to determine the accuracy of plans, it is incumbent on the
designer to correctly demonstrate the ex i sti ng conditions.
Stop Work Orders. Correction Notices . and Re visions: On October 9, 2014, the City 's Building Inspector
issued a Notice of Vio lat ion stating that the demolition of the existing roof did not match with
approved construction plan . On October 29, 2014, the Build i ng Divis ion reviewed and approved a
revised Roof Framing Pl an to address discrepancies between the approved plans and the site cond itions
that were observed by t h e City's Building Inspec tor (i.e., framing members were cal led out as exis ting,
but we re removed). Thi s p lan shows the open in g between the Den and the Li vi ng Room as an oversized
opening . This is incorrec t, it is supposed to be the existing opening. After the City's Building Inspect or
returned to the office he reviewed the revised plans that were approved in the morning by the Bui lding
Di visio n and noticed discrepancies w ith the current job-site conditions. The Building Inspector
requested revised plans to re flect the actual conditions of the job site .
On November 4, 2014, the City's Building Inspector wrote another Notice of Violation stating that the
approved plans from October 29, 2014 stil l do not reflect the actua l conditions on the j ob site.
On January 22 , 2015, the City's Building Div i si o n approved rev ised plans addressing discrepancies with
the approved p lans and the existing site conditions. This was at the request of the City's Building
Inspector from notices that were written on October 9, 2014 and November 4, 2014 . This set of revised
plans include the exist in g floor plan, proposed floor plan, roof plan, elevations, secti ons and roof
framing plan. The existing window in the Den is shown in the wrong location. The closet in Bedroom 1 is
shown as retaining the existing openings to stay w ithi n the maximum demolition amount. The roof
Page 5
December 8, 2015 Planning Commission Meeting
Staff Report -Item 7C
Zo ning Code Interpretation: Calculation o f Demolition
File No. 13 -613 and 15-31 (6 134 Camellia Avenue)
framing p lan shows the old opening fo r the clo se t in Bedroom 1 and the large opening between the
Den and the Living Room.
On Ma rch 10, 2015 , the City's Bui lding Inspector wrote a correction reques ting the preparatio n of
revised p lans to ref lect the existing raised floor framing. On June 4, 20 15, the City's Bu i ld ing Inspector
wrote a co rrection statin g t h at ceiling joist s i n Bed roo m 1 were remove d without approval for the
Planning and Building Division s, that th e ex ist ing Li ving Room and Din i ng Room had their top p late
increased by 8 inches, and the exis t ing Porch had a new ridge beam and ro of rafters. On March 23,
2015, t he Ci ty's Building Divi sion approved revised plans add ressing revise d existing raised floor
framing f rom a notice that was written by the Bui ldi ng Inspector on Ma rch 10, 2015 . This plan sti ll has
di scr epa ncies in the Den area . Th e opening betwee n the Living Room and the Den is still shown as a
la rge o p ening approximat e ly eight fe et i n length and does not ma tch the existi n g opening w hich is
approxi mately four feet in length . Th e closet for Bed room 1 also shows a la rg e open i ng when this area
is supposed to utili ze the two exis t ing doors/openings.
On June 17, 2015, the City's Build i ng Inspector wrote a cor rection notice req uesting that t he plans
clearly identify wh at will be remo ve d and reframed. Additionally, it was requeste d that the Existing Floor
Plan and t he Ceiling Fra mi ng Plan need to be revised so tha t they are co nsis te nt. On June 24, 20 15, t he
City's Buil ding Pl an Checke r approved the rev ised ceiling framing plan i ndi ca t ing new h eaders.
Stop Work Order Status: There is not cu rrently a Stop Work Ord er, but a correction notice was written
by the Bu i ld ing Inspector on June 17, 2015 reque st in g that re vised plans be submitted to planning and
building for re view an d approval. Sp ecifica lly, it was requested to revise t h e pla n s to clearly specify
are as t hat w ill be remove d and reframed. Addition ally, it was also requested that the Existing Floor Pla n
and Cei li ng Framing Plan need to match.
Meetings to Assist the Applicant: Pl anni ng staff has gone to great lengths in meeting w ith the designer
and property owner at lea st seven times to discuss conce rns with work being done outside of the
approved sco pe of wo rk and t he project being so close to bei ng considere d a new dwelling due to
more t han 50 pe rcent bei ng voluntarily d emolish ed. St aff also sat down with the property own er prior
to bui ld ing perm its and after t he fi rst Stop Work Ord er being i ssu ed by the City's Build i ng Inspector f or
not following the approved p lans.
Work Outsid e the Project Scope: The first warn in g was g iven after t he roof was nearly comple tely
re moved with on ly a sm all p ortion (20 perce nt) remaining in t he re ar. The approved plans indicated
that the whole roof would be re tai ned . The de sig ner informed t he City that t he roof collapsed. If this
were t he case one wou ld expect to see damage to the interior walls; however, no damage to the interi or
walls could be found.
Another issue came up when the desig ner submitted revised plans indicating t he roof fo r the fro nt
porch was existing. Planning staff informed the de si gner that the roof plan drawing was wrong and
show ed them the photographs from a si t e visit on October 29, 2014 that the entire roof for the porch
Page 6
December 8, 2015 Planni ng Com missio n M ee ting
St aff Repo rt -Item 7C
Zoning Code Interpretation: Calc ulation of Demolition
File No. 13 -613 and 15-31 (6134 Cam elli a Avenue)
property owner of these potential iss ues early on an d throughout the process. Staff has tried to work
with the applicant providing leniency and f lexib i lity whenever possible (such as in the case of grantin g
the property the abil ity to count portion of the roof that was reta ined but is not providing any functio n).
However despite all of this, the property owne r has intended to get as close t o the SO percent limit as
possible. Th ey have provid ed plan s that are i nconsistent. They have performed work outside the sco pe
of the plans and the pe rmits without noti fying staff. According to the proposed Interpretat ion it has
come to the point w h ere the demolition t hat h as occurred has exceeded SO percent of the structure and
cha n ges must be made to t he second un it to bring the structure in compl i ance with the Zoning Code.
FINDINGS:
Section 9-1D -S of the Te mp le City M un ic ipal Code requires the Planning Commission to adopt a
resol ution when an Interpretation is appealed. Attachment 1 includ es the proposed Reso lut ion.
ENVIRONMENTAL REVIEW:
This project is exempt for the Ca lifornia Environmental Quality Act (CEQA) pursuant to Section 1S30S of
the Ca liforni a CEQA Guidelines.
RECOMMENDATION:
Adopt the attached Resolution finding that the project is exe mpt from CEQA and upholding the Zon in g
Code Interpretation prepa red by staff.
ATTACHMENTS :
A. Pl ann ing Commiss ion Resolution
B. Zon i ng Code I nterpretation -Ca lcu lation of De molition
C. Site Plans and Eleva t ions
D. Pho tographs of Site and Surrounding Area
E. Build ing Activity Hi story
F. Counter Activity Log
G. Staff's Ca lculati on of Demolition fo r 6134 Camelli a Avenue
H. Zoning Code Sect ions 9 -1A-9 (Glossa ry) and 9-1H (Regu lations App licable To Nonconforming
Uses, Build ing s, And St ructures)
Page 9
ATTACHMENT A m
PLANNING COMMISSION RESOLUTION ~~~
RESOLUTION 15-24 PC
A RESOLUTION OF THE PLANNING COMM ISSION OF THE CITY OF TEMPLE
CITY UPHOLDING THE COMMUNITY DEVELOPMENT DIRECTOR'S
INTERPRETATION OF AREA DEMOLISHED AND THE APPLICATION OF IT
FOR A PROJECT LOCATED AT 6134 CAMELLIA AVENUE.
The Planning Commission of the City of Temp le City does hereby resolve :
SECTION 1. The Planning Comm iss ion has considered all of the evidence submitted
into the administrative reco rd wh i ch i nc lu des, but is not li m ited to:
1 . Reports and presentation of project related data and ana lys is prepared by the
Community Development De·partment.
2. The City of Temple City Mun icipa l Code, and a ll other applicab le regulations and
codes .
3. Public comments , written and o ral , received and/or submitted at or prior to the
pub l ic hearin g, supporti ng and/or oppos ing the app li cant's request.
4. Testimony and/or comments from the applicant and its representatives submitted
to the City in both written an d ora l form at or p rio r to the public hearing .
5. Al l re lated documents rece ived and/or submitte d at or prior to the public hearing.
SECTION 2. Based on the forego i ng evidence, the Planning Comm iss ion finds that:
1. On Jul y 22, 2 013 , th e app l ic ant s ubmi tted t he app li cat io n f or Si te Pl an Rev iew.
2. On August 16, 2013, comments were provided t o the designer regarding potent ial
issues w ith t he recent the prop erty being identified o n the City 's 2012 Historic
Reso urces S urvey.
3. On Septe m ber 18, 2013, afte r consu lting w ith the California Office of Historic
Preservatio n the City's Pla nning Manager determined that the City's 2012 Historic
Resources Survey was i nva lid due to f laws in the criteria used to estab l ish t he
s u rvey.
4 . In January 201 4, the app l ica nt submitted rev ised plans after receiv ing notification
that the City's 2012 Historic Resou rces Survey was no longe r valid .
5 . On August 21, 2014 , bui ld in g permi ts were issued for a 1,532 square foot addition
and remodel for 6134 Came ll ia Avenue .
Resolution 15-24_ PC
Zoning Cod e I nterp retation : C alcu latio n of Demoliti on
File No. 13-613 and 15-31 (61 34 Ca m ell ia Av enue )
Pag e 2
6 . On October 9, 20 14 , a Stop Work Order was issued by the City's Building Inspector
for work to the roof framing performed outside the scope of work .
7. On October 29 , 2014 , revise d plans were approved by the City 's Building Plan
Ch eck e r. However, the City's Bu ilding Inspector reviewed the revised p lans and
not iced that th ey stil l did not match t he ex i sti ng conditions and wrote a Correction
Notice request in g that the pla ns be revised aga in to match the existin g condi ti ons
at the site.
8 . On November 4 , 20 14, th e City 's Building Inspector wrote a Stop Work Ord e r
requ e sting t hat p lans be revised to refle ct the existing site cond itions .
9 . On January 22 , 20 15, the City's Build ing Plan Checker approved revised plans for
th e addit iona l work to the roof.
10. On March 10 , 2015 , t he City 's Building In spect or wrote a Correction Notice
reque sting the e ngineer to revise their p lans to match the existing raised floor
framing and no exist ing footing pads and g irde rs were located under the exist in g
bath room at t he northeast co rn e r of th e ex ist ing hou se.
11. On March 23 , 2015 , the City's B uild ing Plan Checker approved revised plans to
reinforce the exist i ng raised fl oor with new pad footin gs and gird ers .
12 . On June 4, 201 5, the City 's Bu il ding In specto r wrote a Co rrection Notice for work
performed outside th e scope of work (i.e ., exist ing ceiling joists removed , new ridg e
beam a nd roof rafte rs in sta lled at porch, top plate height in creased in t he livin g
room and dining room).
13. On June 17, 2 0 15, the City 's Building Inspector wrote another Correction Notice
requesting revi sed p lan s for t he work performed outs ide the approved p l ans.
14. On J un e 24, 201 5, t he City 's Building P lan C hecker ap proved p lan s indi catin g new
framing members for areas that w e re show n as existing .
15 . On June 24 , 2015 , Plann i ng staff conducted a s it e v is it and obse rved wa l ls t hat
w e re re const ru cted and se ve ra l windows and doors th at we re reframed that were
shown as ex isti ng on the approved planni ng set.
16. On A ugust 7 , 2 01 5 , at the re qu est of the property ow ner Pl ann in g staff met th e
designer at th e project site to go over the dete rmin ation of what the City dete rmined
as demol ished .
Resolu tio n 15-24_ PC
Zon ing Code Interpretation : Ca lc ul ation of Demolition
File No. 13-61 3 a nd 15-31 (61 34 Camellia Avenu e )
Page 3
17.0n October 27 , 2015 , th e Planning Commission received and filed the Planning
staff's Zoning Code Interpretation regarding the demolition of building area and
request to review the Interpretation at a future meeting .
18. Notice of the December 8, 2015 Planning Commission pub lic hearing was posted
at the Counc il Chambers .
19. Notice of the Planning Comm ission public hearing was put in the newspaper at
lea st ten (1 0) days prior to the hearing .
20. Notice of the public heari ng satisfied the noticing requirements set forth in
Government Code Sections 65090 and 65091.
21 . The project s ite is designated R-1 (Single-Fami ly Residential).
22. The project site is de s ignated Low-Den sity Residential by the General Plan .
SECTION 3. This project is categorically exempt from environmenta l review per Sect ion
15305 (Minor Alte rat ions in Land Use Lim itations) of the CEQA Gu idelines.
SECTION 4. The Community Development Director's Zoning Code Interpretation for
Ca lcu lation of Demo lition is upheld.
SECTION 5. Based upon the publ ic hearing for Fi le No. 13 -613 and 15-31 the Planning
Commission f inds th at the demo liti on work performed at the property at 6134 Camell ia
Avenue has excee ded the maximum permitted demo litio n work per t he Zoning Code
Interpretation for Ca lcu lation of Demo li t ion.
SECTION 6. The Secretary shall cert ify to the adoption of this Resolut ion .
Chairman
City Attorney
Resolution 15-24_ PC
Zoning Code Interpretation: Calculation of Demolition
File No. 13-613 and 15-31 (6134 Camellia Avenue)
Page 4
I hereby ce rti fy that the foregoing Resolutio n was adopted by the Plann ing
Co m mission of the City of Temple C ity at a meeting held on the 8th of December, 20 15
by t he follow ing vo te:
AYES: Co mmi ss ioner:
NOES: Co mmi ssion er:
ABSENT: Comm issioner:
Secretary
ATTACHMENT B ~
ZONING CODE INTERPRETATION: ~~~~
CALCULATION OF DEMOLITION
CIT Y OF T EMP LF. CITY PLA N NI N G DIV ISIO N
CALCULATION OF F LO OR AREA R AT IO l-O R PATIO CO VE RS
O C T O B ER 2 3,2 01.5
APPLICABLE CODE SECTI O NS
9-lA-9: Dwelling. New: Any residen ti al st ructure w hic h is to be new ly co n structed o r vo lunta rily demolished and
reconstructed. A re model or house additio n shall be cons id ere d a new dwelli ng if either of t he two (2) followi ng
cond itions exist:
A. The proposed project in vo lves voluntary demolition of fifty pe rce nt (SO%) or more of th e existi ng square
footage of the st ructure including any at t ac hed g arage; an d/o r
B. The p roposed new cons t ruction wou ld more th an double the ex isting squa re foo t ag e of the dwelling. (Fo r
purposes of administ ering this defini t ion , multipl e construction proj ects w ithin any 24 month period of time
shall be co n si d ered a sing le const ruction projec t.)
Any reconst ruction or rebuilding or repai r of any nonco nform ing building or stru ctu re w hi ch was damaged or
partial ly destroyed by f i re, explosio n, ac t of God or any other cas ualty shall n ot be consid ered a new dwe llin g
as defined herein and sh all be governed by the p rovisions of sect ion 9-l H-4 of thi s chapter.
~
co/z.~/:zt1x:.r D~e
// ~ b.o /v=:
Dlte EffE?ltive
Attac hm en t s:
Demolition Disclosure
I' A C.i 1: 3 0 F 3
ATTACHMENT C ~
REDUCED PLANS •
ATTACHMENT D ~
PHOTOGRAPHS OF SITE AND m
SURROUNDING AREA .
ATTACHMENT E m
BUILDING ACTIVITY HISTORY •
BUILDING ACTIVITY HI STORY
DATE ACTION DETAILS
8-21-14 Permit
8-21-14
8-21-14
8-21-14
8-21-14
10-9-14
Issued
Permit
Issued
Permit
Issued
Permit
Iss ued
Permit
Issued
Stop Worlc
Order Issued
10-29-14 Correction
Notice
Issued
11-4-14 Stop Work
Order Issued
Bl 0508 1403310033
Description of Work: Adding 1,532 square feet. 4 Bedrooms, 4.5
Bathrooms, relocate (existing) kitchen to new add ition and
convert (ex i sting) to a new fam ily room
o Approva ls
o 2-11-15 Location and Setbacks
o 2-11-15 Founda t ion/Trench Forms
o 4 -29 -15 Raised Floor Framing
o 5-4-15 pt Level Floor Sheath
o 4-6-15 New f loor ok to cover existing post U-P
o 4-7-15 New area floor sheathing
Bl 0508 1408210038
Descriptio n of Work: Tear off composition sh i ng les and install
8403 Santa Barbara Blend. ICE ES/ER 4660
El 0508 1408 210030
Description of Work: Install 50 outlets, 20 light fixtures, FAU/AC
units, ga r age disposal, dishwasher, and range hood. Upgrade
se rvice panel to 200 Amps.
ME 0508 1408210010
Description of Work: Install air conditioning and heating system,
air inlets, appli ance vent, and ventilation fans
Pl 0508 1408210011
Description of Work: New bathtubs/showers, clothes washer,
dishwasher, hose bibs, lavatories, sink, water closets, water heater,
and gas lin e.
• Approva ls
o 4-29-15 Under slab work
Building Code Violation
• Your dem o lition of ex isting roof doesn't match with project
const ruction plan.
• Revise yo ur plan and have approval from City Planning and
Building.
• Stop al l work
• Do not start your wor k.
• Today's revised plan does still not match wit h currentjob-s ite
con dition.
• Nee d s another revision.
Building Code an d Zoning Code Violation
• Revise construction plan with city again. Newly revised plan
on 10-29-14 sti ll d oes not refl ect actua l condition on site.
• Stop all work
BUILDING ACTIVITY HI STOR Y
DATE ACTION DETAILS
. -..... -... -..
1-22-15 Permit BL 0508 150 1220105
Issued 0 Descri pti on of Work: Increase roof area to be replaced (15
sq u are fee t ). Due to frami n g damage submi t new demolish
p lan to cl ar ify the wall s to be demol ished
2-11-15 Correction 0 Ca ll S.C.G. to relocate gas meter
Notice 0 Wrap gas and water pipes. Pas s throug h footing.
Issu ed • Fi ni sh all mi ssing pads. Ora n ge co lor h igh lig ht o n S-2 . Or
rev i se it.
2-12-15 Correction • Ok to pour n ew addition. Exist i ng pads, no work yet.
Notice
Iss ued
3 -4-15 Correction 0 Finish all inter io r pad. Ca ll for in spection. Th en ca ll for all
Notice raise d f loor f raming and und er f l oor pl um b ing .
Issued • Drain p i pe needs 2% slope . "outside new"
0 New ad d ition areas need rais ed f loor ve ntil ati on openinq
3-10-15 Correct ion • Notify engineer to r evise ex isting raised f loor frami ng a nd no
Notice exist i ng pads and girder under existin g bathroom at
Issued Northeast co rn er.
• Re l ocate sewe r line under pad at Den . Re l ocate or re -run
sew er lin e, and f inish interior und er f loor p l umbing
• Next insp ectio n w ill ch eck all raised f l oor fra ming and under
floor p lumbi ng
3-23-15 Permit BL 0508 1 50 3230023
Issu e d • Desc r iption o f Work: Re info rce ex i sting ra ise d floor wit h new
_pa d foo ti ~ an d _g i rde rs.
6-4-15 Correction • Ex i sti ng Bedroom #1, Ex ist ing ceiling joist has b een removed
Notice wit hout Pl anning and Bui l ding app rova l
Issued • Revise it
• Fin i sh all shear pan el prior to roof in spection
• Ex isti ng l ivi n g room an d d i ni ng room top plate height on East
an d West side has been increa sed by 8-0"
• Exis ting porch h as new ri dge beam and roo f rafters
• City set ma r k on 52 -2
6-17 -15 Correct ion • Clearly specify areas which wi ll be removed and reframed.
Notice • A-2 an d S-2.1 needs to match changes. All n ew sco pe of
Issued repa i rs or modi ficati ons must have Pl an ning approval prior to
any w o r k.
ATTACHMENT F ~
COUTNER ACTIVITY LOG •
Counter Activity Log
DATE TIME VISITOR
2-18-14 10:25 AM Thomas Sonq
2-25-14 N/A Thoma s Sonq
3-31-14 10:30 AM Gary Lam
4-17-14 9:45AM N/A
4-17-14 10:30AM Thomas Sonq
5-1-14 9:30AM Thoma s Sonq
5-12-14 10:05 AM Gary Lam
6-23-14 11:15 AM Thomas Song
6-25 -14 10:20AM Thomas Song
8-21-14 9:20AM Billy Lai
10-10-14 N/A "Resident"
10-13-14 8:43AM Billy
10-20-14 8:40AM Billy
10-29-14 10:20 AM Billy La i
11-4-14 10:27 AM Gary
11-5-14 8:30AM Billy
11-6-14 8:00AM Thom as
11-19-14 8:40AM Thomas Song
12-11-14 11:10 AM Thomas Sonq
12-19-14 11:30 AM Thomas Sonq
12-22-14 8:45AM Thomas So nq
12-23-14 8:15AM Thomas Sonq
1-7-15 9:00AM Thomas Sonq
1-8-15 8:56AM Thomas Sonq
1-14-15 3:05PM Th omas Sonq
1-15-15 11:40 AM Thomas
1-16-15 N/ A (Before 10 AM) Thoma s
1-20-15 5:20PM Thomas Sonq
1-22-15 10:55 AM Thomas
1-26-15 3:00PM Billy
3-23-15 3:34PM Bill
6-11-15 4:10PM Th omas Sonq
6-24-15 10:25 AM Billy
All r eco r d s rep resen t th e dates and tim es w hich w ere rec ord ed on th e Si gn-In shee t, w ith r ega rd s t o 613 4 Ca m ellia
Ave. Any app ointm ents w hich we re not cl early ent er ed by t he appoi nt ee , have not be li st ed abo ve.
ATTACHMENT G ~
STAFF/S CALCULATION OF DEMOLITION FOR m
6134 CAMELLIA AVENUE ~~~
ATTACHMEN T H m
ZONING CODE SECTIONS 9-lA-9 AND 9 -lH Ill
Sterling Codifiers, Inc. Page 1 of 17
9-1A-9: DEFINITIONS:
For the purpose of carrying out the purpose of this code the words, phrases and terms
included herein shall be deem ed to have the meanings ascribed to them as follows:
ABUT, ADJOINING OR CONTIGUOUS: In reference to real property, two (2) or more lots or
parcels of land sha ring a common boundary line ; with refere nce to two (2) or more objects
the same shall mean in immediate contact with eac h othe r.
ACCESS: The place, or way , by whic h pedestrians and/or vehicles shall have safe,
adequate and usable ingress and egress to a property .
ACCESSORY USE: A use customarily incidental, related and clearly subordinate, to a
permitted pri ncipa l use.
ADJACENT: Two (2) or more objects which are located in close proximity to each other.
AFFORDABLE HOUSING DEFINITIONS: The following indented terms and phrases are
defined for the pu rposes of article V of this chapter (sections 9-1 V-0 to 9-1 V-9 of this chapter
relat in g to density bonuses):
Concessions Or Other Incentives: Concessions or other incentives include a reduction
in a site deve lopment standard or mod ification of another zoning code requirement or
design standard, but not including building code requirements or other health and
safety standards, that results in an id entifiab le, fina ncially sufficient, and actual cost
reduction; or, approval of mixed use zoning in conjunction with the hous ing project if
commercial , office , industrial , or other land uses w ill reduce the cost of the housing
development and if the commercia l, office, industria l , or other land uses are compatib le
with the hous ing project and the existing or planned development in the area where the
proposed housing project will be located; or other concession or regulatory incentive
that results in an id entifiable , financ ia lly sufficie nt, a nd actual cost reduction , as
determined by the city in its sole discret ion. A concession or other incentive does not
in clude add itiona l density beyond that allowed in sections 9-1V-O to 9-1V-9 of th is
chapter relating to density bonuses.
Density Bonus: An increase in density above the otherwise maximum allowable
residential density under this tit le and the land use element of the general plan as of
the date the deve lopment appl ication for the project is deemed complete . The amount
of the density bonus to which the app li cant is entitled shall vary according to the
amount by which the percentage of affordable dwe lli ng units meets the percentage
established in sections 9-1V-O to 9 -1V-9 of this chapter . When ca lculating the number
of density bonus units allowed, any fract ion of a resident ial unit shall be counted as a
whole unit. An applicant may elect to accept a lesser percentage of density bonus
units . An applicant may not seek a density bonus greater than that pro vided in sections
9-1 V-0 to 9-1 V-9 of this chapter relating to density bonuses , or by state law .
Developer: Any association, corporation , firm, joint venture, partnership, person, or any
entity or combi nation of e ntities, w hi ch seeks city approva l for all or part of a res id en tial
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developme nt project.
Development Standard : For sect i on s 9-1V-O to 9-1 V -9 of this chapter relating to
density bonuses, a development standard includes a site or construction condition that
applies to a res idential development pursuant to any ord inance, general plan e lement,
specifi c plan , charter amendment, or other local condition, law, pol icy , resolutio n, or
regulation. A development standard subject to waiver does not include additiona l
density beyond th at allowed in sections 9-1V-O to 9-1V -9 of this chapter relating to
density bonuses .
Low Income Households : Households whos e gross income does not exceed eighty
percent (80 %) of the med ian income for Los Angeles County as determined annually
by the U .S . department of housing and urban development.
Moderate Income Households: Households whose gross income does not excee d one
hundred twenty percent (120%) of the median income for Los Ange les County as
determined annua lly by the U .S. department of housing and urban development.
Very Low Income Households: Households whose gross income is equal to fifty
percent (50 %) or less of the median income for Los Angeles Coun ty as determined
annually by the U.S. departme nt of housing and urban development.
ALLEY: A public or private way , other than a street or highway , permanently reserved as a
means of vehicular access to adjoining properties .
APARTMENT: The sa me as the definition of Dwelling, Multiple.
ARTERIAL STREET: A major thoroug hfa re . or primary roadway, used primarily for through
t raffic rather than for access to abutting land , that is characterized by high vehicular capacity
and continuity of movement. The street is either divided or undivided and its main function is
to carry nonlocal traffic at medium speeds.
ASSESSOR: The assessor of the county of Los Angeles.
BAR OR TAVERN : An establishment used primarily for the on premises sale and
consumption of alcoholic beverages including establishments where food is sold and/or
entertainment provided as incidental thereto .
BASEMENT: That portion of a bui lding which is to tally or partly below finished grade of the
lot upon which it is located.
BORROW PIT: The same as the definiti on of Quarry .
BUILDING : Any structure having a roof supported by columns or by walls and intended for
the s hel ter, housing or enclosure of pe rs ons , animals , chattels of property of any kind .
BUILDING , ACCESSORY: A sing le-story detached build ing not to exceed fifteen feet (15') in
height, housing a permitted accessory use, located on the same lot as the main building or
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principal use . Provided, that if the same is attached to a main building by a co mmon wall or
roof, it shall be deemed to be a part of such main building.
BUILDING , MAIN: A building in which is conducted a principal use permitted upon the lot
upon which it is situated. In a residentia l zo ne a dwelling shall be deemed to be a main
build i ng .
BUILD ING OR STRUCTURE HEIGHT: The vertical distance from the average finished
grade of the lot to the highest point of the building or structure.
CARPORT: A permanently roofed structure with not more than two (2) e nclosed sides, used
or intend ed to be used for automobile s helter and storage .
CELLAR : The same as the definition of Basement.
CENTERLINE: The centerline of any street, highway or alley .
CHILDREN'S DAY CENTER (Emotiona ll y Disturbed): A facility inten ded solely for the
adm ission of minors with mental illness or neurological or emotional disorders , who are
provided with an organ ized program of services. Patients are not permitted to remain
overnight.
CITY : The city of Temp le City.
CLUB, PRIVATE: Any building or premises used by an association of persons, whether
incorporated or unincorporated , organized for some common purpose , but not including a
group organized sole ly or primarily to render a service c ustom arily carried on as a
commercial enterprise.
COMMISSION : The planning commiss ion of the city of Temple City.
COMMUN ICATIONS EQU IPMENT BUILDINGS: Bui ld i ngs housing operating electri ca l and
mechanical equipment uti l ized in conduct ing a public uti lity communications operation .
COMMUNITY CARE FACILITY/LARGE : Any facility as defined in the Hea lth And Safety
Code section 1502(a), which provides nonmedical care on a twenty four (24) hour a day
basis to seven (7) or more persons including , but not limited to, persons with substance
abuse illnesses , physica ll y handicapped , mentally impa ired , in competent persons, and
abused or neglected children . Large community care facility shall be considered a
conditionally perm itted use in the R-2 , R-3, C-1 , C-1-R , C-2, and C-3 zones .
COMMUNITY CARE FACILITY/SMALL: Any facility as defined in the Health And Safety
Code section 1502(a), which provides nonmedical care on a twenty four (24) hour a day
basis to six (6) or less persons including, but not limited to, persons with substance abuse
illnesses , physically handicapped, mental ly impaired, incompetent persons , and abused or
neg lected children . Small community care facility sha ll be considered a permitted use within
al l residential zoned d i stricts .
CONVALESCENT HOME: The same as the definition of Nursing And Convalescent
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Hospital.
COUNCIL: The city council of the city of Temple City.
COURT: An open, unoccupied space, bounded on three (3) or more sides by the walls of a
building. An inner co urt is a court entirely enc losed within the exterior walls of a building . All
other courts are outer courts .
DAIRY: Any premises where one or more cows or goats, or any combination t here of , are
kept or maintained for th e purpose of producing milk .
DAY CAMP OR CH I LDCARE CENTER: A facility with an organized daytime program for t he
supervision and care of children .
DAY CENTER (Menta lly Retarded): A faci l ity intended solely for the admission of patients
with mental retardation , who are provided w ith a program of education or training , handicraft ,
vocati onal, and recreat ion al activities. Patients are not permitted to remain ove rnigh t.
DAY TREATMENT HOSPITAL: A place intended solely for the admission and t reat me nt of
patients with mental illne ss or menta l disorder, who are provided with a program of
organized treatment, activities , and supervision under medical direction. Patients are not
perm itted to remain overnight.
DAYCARE CENTER : Any ch il dcare facility other than a family daycare home, a nd includes
infant centers , preschools, and extended daycare faci l ities.
DETACHED LIVING QUARTERS: The same as the definition of Guesthouse .
DIRECTOR : The director of planning for the city of Temp le City .
DISABLED VEH ICLE: A vehicle w hich is not operable, by reason of the remova l of or
damage to, in teg ral component parts .
DISASSEMBLE: The same as the definition of Dismantle.
DISMANTLE : The removal or stripp i ng of one or more integral component parts .
DUMP , INERT SOLID: An area devoted to the disposa l of nonwater solub le,
nondecomposable in ert sol ids such as natural earth , rock , sand and gravel , pav ing
fragments, concrete, brick , plaster and pl aster products , steel mill slag , glass , asbestos f ib er
and products th erefrom.
DUMP , RUBBISH AND REFUSE : An area devoted to the disposal of inert solids and/or
decomposable orga nic refuse and scrap metals, such as:
Clo th and cloth in g.
Cold ashes received in mi xe d loads of rubb ish .
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Dry mud cake f rom oil filled sumps.
Hog manure and hog pen refuse containing substantial quantities of garbage and
ref use from ho g f eed ing operati o ns.
Lawn clippi ngs , s od and sh rubbe ry .
Liquids :
Acetylene sl udge .
Ceramic, po tte ry and glaze wastes.
Clean i ngs from t he production ta n ks . "Cl ean i ng fro m pro d uction tanks" a re defined
as the re sid ues removed in the clea n ing of tanks used solely for the production and
storage of u nref ined petroleum . Tank c leanings do not include a ny substance
derived fro m th e c leaning of tan ks used in connection with oi l refinery wastes or
other refined pet roleum prod ucts.
Liquid latex waste .
Mud and wate r fro m laundries.
Paint sludge re cov ered from wat er c irc ulated i n paint spray booths.
Rotary drilli ng mud from oil field dril li ng operations .
Slu dge derived from t he soften ing of water by the li me soda pro cess .
Slu dge fro m automobi le was h racks a nd steam clea ning pro du cts.
Water contai ning lampblack and inci denta l amoun ts of mud result i ng from floor
washing .
Water contai ning not more t han 0.5 percent mo lasses .
Manufactured r ub ber products.
Meta ls and meta l p rod u ct s except magnes i um and its all oys and sa lts.
Oil soaked exce ls ior or straw used to absorb hydrocarbon o i ls from wastewater .
Pa int in drums from which the ma j or portion of liq uids has been rem oved .
Paint sludge rece ived from water circulated pa int spray booths not transported in
vacuum ta n ks.
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Paper and paper products including roofing and tarpaper.
Small quantities of noxious materials in mixed loads of rubbish.
Solid plastic products .
Street sweepi ngs.
Wood and wood products .
All materials listed hereinabove for inert solid dump.
DUPLEX: The same as the definition of Dwelling , Two-Family.
DWELLING , MULTIPLE : The same as building designed or used for occupancy, as living
quarters, by two (2) or more families on the same lot and containing one dwell ing unit for
each such family .
DWELLING , NEW: Any residential structure which is to be newly constructed or voluntarily
demol ished and reconstructed. A remodel o r house add ition shall be considered a new
dwelling if either of the two (2) following cond it ions exist:
A. The proposed project involves vo luntary demolition of fifty percent (50 %) or more of
th e existing square footage of the structure including any attached garage; and/or
B. The proposed new construction would more than double the existing square footage
of the dwelling. (For purposes of administering this defin ition, multiple construction
projects within any 24 month perio d of time shall be considered a si ngle construction
project.)
Any reconstruct ion or rebuilding or repa ir of any nonconforming bui lding or structure
which was damaged or partially destroyed by fire, exp losion , act of God or any other
casualty shall not be considered a new dwelling as defined herein and shall be
governed by the prov isio ns of section 9-1 H-4 of t his chapter.
DWELLING, SINGLE OR ONE-FAMILY: A building designed or used for occupancy , as
living quarters, by one family .
DWELLING, THREE-FAMILY: A building designed or used for occupancy, as living quarters,
by three (3) families and containing three (3) dwelling units.
DWELLING , TWO-FAMILY: A building designed or used for occupancy, as living quarters,
by two (2) families and containing two (2) dwelling units.
DWELLING UNIT: One or more rooms in a building or portion thereof, des igned for, and
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intended to be used , for occupancy by one family , for living quarters . A single dwelling unit
shall contain a maximum of on e k itchen or cooking facilities therefor , and all habitable rooms
shall be internally accessible from within the dwelling unit. A bedroom or private space sha ll
not be used as an acces sway to one or more other rooms.
EDUCATIONAL INSTITU TIONAL: Any public , private or parochial e lementary, junior high ,
high school , un ivers ity , or oth e r school giving general academic instruction in the several
branches of learning, having five (5) or more students .
EMERGENCY SHELTER : A manag ed housing facility with minimal supportive services for
homeless pe rsons and i n whi c h occupancy by a homeless person is limited to a term of si x
(6) months or less . No indiv id ua l or household may be denied e mergency sh e lter because of
an inability to pay 1
. Supportive serv ices may includ e, but are not limited to, meal preparation,
an activi ties center, daycare for chi ldren of homeless persons , vocati ona l rehabilitation and
other similar activiti es.
EXPLOSIVES : Any explos ive s ubstance as defined in section 12000 of the Health And
Safety Code of t he state of Cali fornia .
FAMILY : Two (2) or more indiv iduals living together as a s i ngle housekeeping unit in an
apartment or a dwelling unit.
FAMILY DAYCARE HOME: A home which regular ly provides care , protect ion , and
supervision of twe lve (12) or fewer children, in the provider's home, for periods of less than
twenty four (24) hours per day, while the parents or guardians are away , and includes the
following :
A. Large Family Daycare Home : A home which provides family daycare for seven (7) to
twelve (12) children , inclusive , including children under the age of ten (1 0) years who
reside at home, as defined in regu lat ion s issued by the state of California .
B . Small Family Daycare Home : A home which provi des fam i ly daycare for six (6) or
fewer childre n , includi ng children under the age of ten (1 0) years w ho reside at home,
as defined in regulations issued by the state of California .
FLOOR AREA , GROSS: The t otal horizontal area of all the floors of a building i ncluded
within the surrounding walls , e xclusive of vents , shafts , courts and off st reet parking
faci liti es.
FLOOR AREA RATIO: The total gross floor area included within the surrounding exterior
wa ll s of a building(s) or portion thereof d ivid ed by the gross area of t he lot , prior to any
requ ired dedications . In calculating floo r area ratio (FAR), th e exterio r wa ll s shall be counted
as gross square footage. The floor area shall be counted twice for any portion of the dwelling
where the d istance between the floor and the ce il ing directly above exceeds twelve feet (12')
or in instances where the height of a sing le-story structure or single-story portion of a two-
story struct ure exceeds e ighteen feet (18'). In th e R-1 zone the floor area ratio limitations
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shall apply only to the total living area of any two-story dwelling or single-story dwelling in
excess of eighteen feet (18') in height; floor area limitations shall not apply to attached or
detached garages or single -story accessory buildings not intended for human habitation. In
the R-2 and R-3 zones, floor area ratio limitations shall apply to all structures on a lot
including enclosed garages and accessory buildings .
FRONTAGE, STREET: The width of the front boundary lin e of a lot which abuts upon a
street or highway.
GAME ARCADE: Any business enterprise or establ ishment having games of skill or arcade
games as a principal use or more than four (4) games of skill or arcade games as an
incidental use.
GARAGE: Any bui lding, with three (3) enc lo sed sides, having not less than two hundred
(200) square feet of floor area, provided with a c losab le access door or doors , which is used
or intended to be used for automobi le shelter or storage.
GENDER: When consistent with context, words in the masculine gender incl ude the
feminine and neuter genders .
GRADE, GROUND LEVEL : The ave rage level of the fin ish ed ground su rface of a lot ,
immediately surround i ng a building , measured at the ce nter of all walls of the building.
GRADIENT: The rate of vertical change of a ground surface expressed as a percentage
figure and determined by dividing the vertical distance by the horizontal distance.
GUESTHOUSE: Single-story living quarters, having no kitchen and no more than six
hundred forty (64 0) square feet of living area, permitted only in R zones , located in an
accessory building on the same lot with a main bui lding, and occupied solely by members of
the family , temporary guests or persons permanently employed on the premises. No more
than one such unit sha ll be created on any lot. Said lot shall be improved with an existing
sing le-family dwell ing. Prior to issuance of a building permit for a guesthouse, a covenant,
approved by the city attorn ey, sha ll be recorded with the county recorder's office. Cop ies of
said recorded covenant shall be filed with the planning department. The covenant shall
indicate all pertinent restrictions and lim itations of a guesthouse as included in this section,
shall run with the land and shall be binding upon any future owners , heirs or assigns.
GYMNASIUM : A schoo l, place or bui ld i ng used for gymnastics and athletic exercise.
HEDGE: Vegetation, shrubs and/or trees planted to create a physical and/or visua l barrier.
HEIGHT: See definit ion of Building Or Structure Height.
HIGHWAY, MAJOR: A major highway shown as such on the highway plan of the circulation
element of the general plan of the city.
HIGHWAY , SECONDARY: A secondary highway shown as such on the highway plan for the
circu lat ion element of the general plan of the city .
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HOG RANCH : Any premises where one or more weaned hogs a re kept or maintained .
HOME FOR THE AGED: Any building or portion thereof, other than a hospital or a rest
home, used and maintained to provide living accommodations, inc luding board, room , or
care, for ambulatory aged persons .
HOME OCCUPATION: An occupation, calling or profession carried on by an occupant of a
dwe l ling unit , located in an R zone , as an accessory use , in connection with which:
A. There is no disp lay or storage of goods, wares , merchand ise, or stock in trade
maintained on the premises; and
B. There is not more than one person regularly employed in s uch occupation ; and
C . There is no equ ipment used in conjunction with such occupation , which emits dust,
fumes , noise, odor, etc., which would or could inte rfere with the peaceful use and
enjoyment of ad jacent prop e rties ; and
D . There is not more than two hundred (200) square feet of the floor space of the
dwelling devoted to such use; and
E. There is no appreciable increase of traffic , pede strian and vehicu lar , by reason of such
occupation , calling or profession ; and
F . There is no a lteration of the st ructure ; and
G. There is no use of any sign not otherwise permitted in t he zone in which the
occupation is located ; no signage whatsoever shall be permitted in conjunction with the
home occupation . Evidence of a violation of this prohibition against home occupation
related signage shall be grounds for revocation or suspension of all appl icable permits.
H . Any code violation or any failure to comply wit h the above regulations shall be
grounds for revocation of the home occupation license in accordance with section
5 -18-16 of this code .
HOSPITAL: An institution staffed and equipped to provide the various ty pes of intensified
hospital care , includ ing , but not limited to , short term care in acute medical , surgical and
obstetrical serv ices, but shall not in clu de the treatment, other than on an emergency
temporary bas is, of alcoholic or menta l pati ents .
HOTEL: Any building or portion of a ny building with access provided through a common
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entrance , lobby or hallway to s ix (6) or more guestrooms, having no cooking facilities , and
which rooms are desig ned , intended to be used or are used, rented or hired out as
temporary or overn ight accommodations for guests .
KENNEL: A p lace where four (4) or more adult dogs or cats or an y combination thereof are
kept, whether by owne rs of the an imals or persons providing faci li ties and care therefo r,
whether or not for compensation . An adult dog or cat is one of either sex, altered or
unaltered , that has reached the age offour (4) months.
KITCHEN: Any room or space within a building designed , in te nded to be used or used for
the cooking or the preparation of food.
LANDSCAPED AREA: An area upon which landscaping is required to be continuous ly
maintained .
LANDSCAPING : The planting and ma intenance of some combination of trees, shrubs ,
vines , ground covers, flowers or lawns. In addition, the combination or design may include
natura l features such as rock and stone; and structural features , including, but no t limited to ,
founta i ns , reflecting pools , art works, screens, wa lls , fences and be nch es.
LONG TERM FACI LITY: An institution of one patient capacity or more intended prima rily for
the admission of c hronic mental ly ill , or mentally disordered or other i ncompetent persons
who are prov ided med ic al care , n ursing serv ices and intensive s upervi sion.
LOT , AREA: The tota l area, measured in a horizonta l plan, included with in the lot lines of a
lot. Any portion of a lot are a which is within a designated floo d control easement shall not be
considered as usable lot area for pu rp oses of de termining or calculating permitted density ,
lot coverage , floor area ratio, etc.
LOT, CORNER: A lot s itu ated at the intersection of two (2) or more streets and highways.
LOT, DEPTH : The horizonta l distance measu red between the midpoints of the front and rear
lot lines.
LOT , INTERIOR: A lot other than a corner or reversed corner lot.
LOT LINE , FRONT: A lin e separating a n interior lot from a street ; in the case of a corner lot ,
the lot lin e separat ing th e narrowest street frontage of the lot from the street; in the case of a
lot having no street f ro ntage , the same sha ll mean the narrowest lot line parallel and closest
to the nearest street or highway , as determined by the director.
LOT LINE , REAR: A lot lin e which is most distant from the front lot line.
LOT LINE , SIDE: Any lo t boundary line which is not a front or rear lot l ine.
LO T OR PARCEL OF LAND: A. A parcel of real property which is shown as a lot in a
subdivision recorded pursuant to the provisions of the subdivision map act ; or
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B. A parcel of real property , the dimensions and boundaries of which are defined by a
recorded record or survey map; or
C. A parce l of rea l property shown on a parcel map, recorded pursuant to the prov ision s
of the subd iv is i on map act; or
D . A parcel of real property lawfully created and dimensioned in accordance with city
ordinances prior to January 1, 1967.
The minimum frontage upon a public street or highway for R-1 zoned lots shall be sixty
feet (60') except for cui-de-sacs a nd knuckles, in which cases the minimum frontage
may be reduced to thirty five feet (35') provided the average lot width is sixty feet (60 ').
Exception: R-1 zoned lots in ex istence on the effective date of this chapter (May 5,
1988) may be subdivid ed subject to the following restrictions :
1. No existing lot shall be subdivided into more than two (2) lots .
2 . Each subdivi sion shall be subject to the approval of a parce l map .
3. The original existing lot to be subd ivi ded sha ll have a street frontage of at least
seventy feet (70 ') but less than one h undred feet (1 00 '), and
4. Each s uch subdivision s hall be limited to the creation of no more than one flag
l ot, with a minimu m street frontage of fifteen feet (15'), and
5. A minim um of seven th ousand two hundred (7 ,2 00) square feet of lot area shall
be provided per newly created lot, exclusive of any "pole" portion of a flag lot.
6 . No such "flag lot" subd ivi sion s ha l l be created on Halifax Road between Da in es
Drive and Live Oak Avenue, lega lly described as lots #1-12, b lo ck A, lots #1-8,
block B a nd portion of lots #9-1 1, block B of tract no. 11695, Los Angeles County
recorder map book 215-23-24 and a portion of lot 32 of E.J. Ba ld win's Addition #1
to Santa An ita Colony , Lo s Ange les County recorder's miscellaneous records 52-
60, as sh own on exhibit A.
7. No "f lag lot" created after September 15, 1989, under t he provisions of th is
sectio n s hall be improved w ith any st ructu re which exceeds twenty feet (2 0') in
height.
LO T , REVERSED CORNER : A corner lot , the side lot li ne of which is substantially a
conti nuation of the fro nt line of a lot w hich adjoins the rea r lot line of said corner lot.
LOT, THROUGH: A lot, having frontage on two (2) approximately parallel streets or
highways.
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LOT, WIDTH : The horizonta l d istance between the side lot lines measu re d between two (2)
points each located on the s ide lot lines at a distance midway between the fron t an d re ar lot
lin es.
MAY: Is permissive.
MEDICAL AND/OR DENTAL CLINIC: Any facility providing physi cal health se rv ice , or
med ical , surgical or dental care of the sick or injure d , but shall not include inp at ient or
overnight acc ommodations . Med ical clin ic includes health center, health clini c, doctors' an d
denti sts' offi ce .
MINI -MALL: A commercial center consisting of two (2 ) or more commercial uni ts or
businesses on a freestanding (self-contained) development site of less than sixty fiv e
thousand (65 ,000) square feet of land area w ith parking situated between the building or a
portion of the bui lding and the street. (See section 9-1T-4 of this chapter for special
development standards.)
For p urposes of defin i ng a m in i-mall , a freestanding (self-contain e d) developm ent s ha ll
consist of any commercial cen ter which does not have reciprocal parking and/o r re ciproc al
vehicu lar a ccess w ith any other abutting or adjoining site .
MOBILEHOME: See definitions of Modu lar Home and Trailer Coach.
MODULAR HOME: Factory constructed , single-family, one story detached dwellings ,
cert ified under the national mobile home construction and safety standards act of 197 4 , with
approved sticker attached , and placed on full , county engineer approved foundation and
permanently anchored thereto .
MOTEL: One or more bui ldings conta ini ng guestrooms or dwelling units , without kitchen
faci liti es, w ith one or more such guestrooms or units each having a separate entrance
lead i ng d i rectly from t he outside of the b ui ldings or from an inner court; wh ich facilit ies are
designed, used or intended to be used, rented or hired out for temporary or overnight
accommodations fo r guests, and are offered primarily to automobile tourists, or transients by
signs or other advertis ing media ; one unit, for use by a manager, may have kitchen facilities .
"Motel" includes auto courts , motor lodges and tourist courts .
NONCONFORM I NG U SE , BUILDING OR STRUCTURE: The utili z ation of any lot, structure ,
building or improvement lawfully established and i n use prior to the time this chapte r,
becomes effective , or having had a nonconforming status under the prior zoning regulat ions
of city, but which utili za t ion, due to t he app l ication of this chapter , or any amendment
thereto , does not comp ly w ith all of the regu lations currently applicable to the zone in which
the use, lot , bui ld i ng or structure is located .
NURSERY (Mentally Retarded ): A facil ity intended primarily for the admission of
nonambulatory menta ll y retarded patients , who are provided nursing services primari ly in
crib accommodations.
NURSERY SCHOOL: The same as the definition of Day Camp O r Childcare Ce nte r.
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NURSING AND CONVALESCENT HOSPITAL: Any place or institution which provides bed
accommodations for one or more chron ic or convalescent patients , who, by reason of illness
or physical infirmity, are unable to properly care for themselves . Alcoholics, drug addicts,
persons with mental or communicable diseases , including contagious tuberculosis, shall not
be admitted or cared for in nursing and convalescent hospitals .
OATH : Includes affirmation.
OPEN SPACE : Groun d f loor area other th an a required yard area , driveway, swimming pool,
or off street parking facility, which has an average gradient of not to exceed five percent
(5 %), with no building or structure located therein , except for nonhabitable structures used
exclusive ly for recreational purposes, and which has a minimum area of two hundred fifty
(250) contiguous square feet with a min imum dimension of ten feet (1 0'). Notwithstanding
any other provision of th is section , "ope n space" shall inc lu de the required side yard area of
any inte rior lot provided said area comp li es with each of the other provisions hereof.
OUTDOOR ADVERTISING STRUCTURES : Signs or other advertising structure , which
solicit public support or directs public attention to the sale , lease, hire, promotion or use of
any objects , products, services or funct ions, which are not produced, sold or otherwise
available on the premises where such s ign or structure is located.
PARALLEL PARKING SPACE: A pa rk in g space w hich is sit uated para ll e l to the directi on of
traffic in a driveway, off street parking fac ili ty or street.
PARK: The standing of a motor vehic le, other than for the purpose of loading or unloading
merchandise or passengers .
PARKING SPACE: A readily accessible area , not including driveways , ramps , loading or
work areas , maintained exclusively for the parking of one automobile.
PERSON : Any individua l, firm , copart ne rs hip, joint venture , association, social club , frate rn al
organization, corporation , estate, trust, business trust , receiver, syndicate, district, politica l
subdivision, public ut ility, or any other group or combinat ion acting as a unit, except the city
ofT emple City .
PLURAL : When cons istent with the context , words in the plural include t he singular.
PROCESSING: When used in reference to a commercia l or industrial use , one or more acts
or operations which have the effect of changing the form of a product or material , so as to
render the same more sa lable or usab le .
PSYCHIATRIC HOSPITAL: An institution intended primarily for the admission , diagnosis
and intensive short term treatment of patients with menta l illness or behavior or emotional
disorders .
QUARRY : Any place on a lot or parce l of land where dirt , soil , sand , grave l, ro c k or oth er
similar material is removed by ex cavation or otherwise , for any purpose . Quarry shall not
include the excavation and removal of earth from a lot preparatory to construction of a
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building or structure , for which a valid building or grading permit has been issued by city ;
provided that such excavation sha ll be confined to that necessary for such construction or
otherwise authorized by such permit.
RECORDER: The recorder of t he county of Los Angeles.
REPAIR: The work necessary to restore to a usable condition .
RESIDENCE , SINGLE-FAMILY: A structure containing one dwelling unit. "Residence ,
single-family" shall also include a modu lar home manufactured and certified under the
national mobilehome construction and safety standard act of 1974 on a permanent
founda tion system approved by the county engineer.
REST HOME: The same as the definition of Nursing And Convalescent Hospital.
RESTAURANT: An establishment used primari ly for the preparation and sale of food and
beverages to be consumed on the premises including the sale of alcohol ic beverages where
incidental to the sale of food .
RESTAURANT, DRIVE-IN: A restaurant where , in whole or in part , food and beverages are
served to customers , and consumed, in vehicles on the premises .
RESTAURANT, FAST FOOD OR TAKEOUT: An estab li sh ment used for the preparation an d
sale of food or beverages ready for consumption and to be consumed primarily away from
the prem ises where sold .
SECOND UNIT: An att ached or detached resi dential dwe lling unit , which provides comp lete
independent living facil iti es for one or more persons . It shall include pe rman ent provisions
for living , sleeping, eating , cooking and sanitation on the same parce l as the single-fami ly
dwelling is situated.
SERVICE STATION : A retai l place of business engaged primarily in the sa le of motor fue ls
but also in supplying goods and services generally required in the operation and
maintenance of motor vehicles . These include sale of petroleum products; sale and servic ing
of tires , batteries, auto m otive accessories and replacement items; wash ing and lubrication
services; the performance of minor automotive maintenance and repair; and the supplying of
other in cidental custo mer services and products. Major automotive repairs , painting and
body and fender wor k are excluded unless otherwise expressly permitted in the particular
zone .
SHALL : Is mandatory.
SHOPPING CENTER: A group of two (2) or more contiguous or adjacent retail commercia l
business establishme nts planned , developed , owned or managed as a single unit. See
definition of "mini-m al l" for any freestan ding (self-contained) development site of less than
sixty five thousand (65,000) square feet of land area .
SIGN: Any device for vi sual communication , including any announcement, declaration ,
demonstration, disp lay, illustration or insignia , which is used to advertise or promote the
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products or services of any person , business group or enterprise available on the lot where
located .
SINGLE HOUSEKEEPING UNIT: The functional equ ivalent of a traditional family whose
members are a nontransient intera ctive group of persons jointly occupying a single dwe lli ng
unit, including the joint use of common areas and sharing household activities and
responsibilities (e.g., meal s, chores a nd expenses). This does not include a boarding house .
SINGLE ROOM OCCUPANCY (S RO) BUILDING: Any building containing five (5) or more
guestrooms or units which are used, rented , or hired out to be occupied for sleepi ng
purposes by residents , and which is also the primary residence of those residents . The
indivi du al units may lack either cooking facilities or a full bathroom, or both. However, for
purposes of this definition , an SRO does not include res idential care homes, senior housing
proj ects, rooming and boarding houses, hote ls and motels, bed and breakfast lodging,
extended care facilitie s or hospita ls.
SINGULAR: When consistent with the context, words in the singular number shall include
the plural.
SLOPING TERRAIN: Any ground surface having a rate of incline or decline of greater than
ten percent (1 0 %) gradient.
SOLID FILL: Any noncombustible materia ls , insoluble in water, such as so il , rock, sand or
grave l, th at can be us ed for grading land or fill i ng depressions .
SOLID FILL PROJECT: Any operation o n a parce l of lan d where more than one thousand
(1 ,000) cubic yards of solid fill materials a re depos ited for any purpose including the grading
or reclaiming of land.
STATE : The state of California .
STORE : To keep or locate for future us e.
STORY: That portion of a building includ i ng between the upper surface of any floor and the
uppe r surface of the floor next above, except that the topmost story shal l be that portion of a
building included between the upper surface of the topmost floor and the ceil ing or roof
above . "Story" includes a basement.
STREET: A public or private way , other than a major highway , secondary highway or alley,
permanently reserved as a means of vehicular access to adjoining property.
STRUCTURE : Anyth i ng constructed or erected , which requires a fixe d location on the
gro un d , or is attached to something having a fixed location on the ground.
SUPPORTIVE HOUSING: Hous ing with no limit on the length of stay and that is occupied by
perso ns from the target popula tion as defined by Health And Safety Code section 53260(d)
as t he same may be amended from time to time , and that provides a sign ificant level of on
site and off site servi ces that assist t he supportive housing residents in retai ning the
housing , improving thei r health status and ma x imiz ing their abi l ity to li ve, and when possib le,
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to work in the community . Supportive housing may be provided under all res idential housing
types. In all cases , supportive housing shall be treated as a residential use under th is
chapter and shall be s ubj ect only to those restrictions that apply to other residential uses of
the same residentia l housing type located in the sam e zoning district.
TENSES: When cons istent with the context, words used in the present tense include the
past and future tenses; and words in the future tens e include the present tense .
TRAILER COACH : Any vehicle , with or without motive power , designed or used for human
habitation and constructed to travel on the publ ic thoroughfares in accordance with the
provisions of the California state Vehi cle Code .
TRAILER PARK: Any lot or parcel of land wh ere t ra il e r sites are re nted or leased , or offered
for rent or lease for two (2) or more trailer coaches .
TRAILER SITE: That portion of a trailer park des ignated for use or occupancy of one trailer
coach and including a ll appurtenant faci li ties thereon .
TRANSFER STATION: An area , including any ne ces sary building or structures , for the
temporary storage and the salvage of rubbish , garbage or indust rial waste .
TRANSITIONAL HOUSING : Housing operated under program requ iremen ts that ca ll for: a)
the termination of assistance to an ex ist ing program recipien t occupying a transitional
housing unit and b) the subsequent reassignment of the assisting residential unit to another
eligible program recipient at some predetermined future point in time that shall be no less
than six (6) months into th e future 2 . Transitional housing services may include , but not be
l imited to , meals , counseling , and other services as well as common areas for residents .
Transitional housing may be provided under all resident ial housing types. In all cases ,
transitional housing shall be treated as a residential use under this chapter and shall be
subject only to those restrictions that apply to other residen tial uses of the same residential
housing type located in the same zo ning district.
TRIPLEX : The same as the definition of Dwelling , Three-Family.
UNIT, COMMERCIAL AND MANUFACTURING : A space occupied by a bu siness enterprise
(s) located within a building or portion of a building with direct access f rom the accessway
intended for use by the general public . A commercial or manufacturing unit shall have the
following features : a completely enc losed room or interconnecting rooms with lockable doors
to common accessways or the exterior, full walls from the floor to the ce il ing , independent
cool in g and ve ntilation controls, independent li ghting which is contro ll e d within the unit itse lf.
UNIT DEVELOPME NT: The construction, maintenance and operation of any combinatio n of
two (2 ) or more permitted uses, buildings and structures, based on a comprehensive and
comp lete design or plan treating the entire comple x of land, buildings, structures and uses
as a s i ngle project.
USE: The utilization of a lot, building , structure , or any other improvement upon a lot, or any
combination thereof.
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VEHICLE: Means and includes motorcycles , motor driven cycle , motor truck , passenger
vehicle , station wagon, truck tractor, trailer, and vehicle , as these phrases are defined in the
Veh i cle Code of the state of California, and all similar types of vehicles .
WRITING : Includes any form of message recorded in English and capable of visual
comprehension.
YARD: An area upo n a lot or parcel of land, other than a court or open space , required as a
f ro nt, side or rear yard, w hi ch shall be m aintained unoccupied and unobstructed from the
grou nd upward ; prov id e d that encroach ment shall be permitted in yards only as express ly
authorized by this cha pter.
YARD, FRONT: A yard extending across the full width of the front of a lot. The depth of a
re q ui red front yard sha ll be a specified horizontal distance measured between the front lot
line and a paralle l thereto, on the lot.
YARD , REAR : A yard extending across the full width of the rear of a lot. The depth of a
required rear yard shall be a specified horizontal distance measured between the rear lot
line and a line parallel thereto on the lot.
YA RD , SIDE: A yard extending from the rear line of the required front yard, or the front lot
lin e w here no f ro nt y ard is required, to th e f ront line of the required rear yard, or the rear lot
lin e wh ere no rea r yard is requi re d. Th e wi dth of a requ ired side yard sha ll be a specifi ed
horiz o nta l measu red distance between each side lot line and a line parall e l thereto on the
lot. (1 960 Code; am d . Ord . 76-429 ; Ord. 80-491; Ord . 8 1-505; Ord . 87-62 1; Ord. 88-629;
O rd. 88-630 ; Ord . 88-6 3 1; Ord . 89-645; Ord. 89-654; Ord. 91-687 ; Ord . 91-688 ; Ord . 91-689 ;
Ord . 91-708; Ord. 92-717; Ord . 93-739; Ord . 94-760; Ord. 94-762; Ord . 00-854; Ord. 03-888;
Ord . 05-896 ; Ord . 1 0-9 36; Ord . 13-972)
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ARTICLE H. REGULATIONS APPLICABLE TO
NONCONFORMING USES, BUILDINGS AND
STRUCTURES
9-1 H-0: APPLICATION OF REGULATIONS:
The following regu l ations shall apply to all nonconforming uses , buildings and stru ctu res
l ocated within any zone in the city. (1960 Code)
9-1 H-1: CONTINUATION OF NONCONFORMING USES, BUILDINGS AND
STRUCTURES:
Except as otherwise provided in this article, each and every nonconforming use, building or
structure may be continually utilized and maintained , provided that there is no alteration,
addition or en largement to any such use, bu ild ing or structure. (1960 Code)
9-1 H-2: NONCONFORMITY; LIMITATION ON OTHER USES:
Except as hereinafter expressly provided, so long as a nonconforming use, building or
structure exists upon any lot, no new use, bu il ding or structure may be established or
constructed thereon. (1960 Code)
9-1H-3: NONCONFORMITY; ABATEMENT AND TERMINATION:
Nonconforming uses , buildings and structures shal l be subject to abatement and termination
of usage, in the manner hereafter described in this section.
A. Termination For Violation Of Or Change Of Use : Except as herein expressly provided ,
whenever any of the following facts are found to ex ist with refe rence to a nonconforming
use , the same shall be abated and usage thereof shal l be terminated:
1 . Violation of any applicable la w; or
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2. With reference to a nonconforming use :
a . A change from such nonconforming use to another nonconforming use ; or
b. An increase or en largement of t he area , space or volume of the building , structure or
land occupied by or devoted to s uc h nonconform ing us e; or
c. A change fro m a nonconforming use to a conform i ng us e; or
3. Discontinue of t he ut ilization of a nonconforming use fo r a period of six (6) months or
more .
B. Termi nation By Ope rat ion Of Law: Nonco nfo rm in g bu il d i ngs, uses and structures shall be
abated and usage th ereof shall be te rminated upon the expiration of t he period of time
ind icated here in afte r i n th is subsection. Sa id periods of time shall be deemed to
commence to ru n as of the date that s uch use , bu i lding or structure f irst became
nonconforming by reason of the app l ication thereto of the zoning regulat ions of the city:
1. Where the use is nonstructu ra l, in cluding , but not l imited to, areas used for animals or
vehicu lar off st reet parking fac il ities, one yea r; and
2 . Where the p rop e rty is u ni m prov e d exce pt fo r structu res of a ty pe for whic h t he bu ilding
regulations do not re qu ire a build i ng permit, three (3) yea rs; a nd
3. Where the prope rty is unimproved except for structu res which conta in less than one
hundred (1 00) squ are feet of gross f loor area , three (3) years; and
4 . Outdoor adve rti sin g signs and st ru ctures :
a . Signs locat ed in th e C-2 zone at 9044, 9135, 9 165 and 9475 Ea st Las Tunas Dr ive ,
in said c ity -on or before Dece m ber 31, 197 1; a nd
b . All other si gns in the C-2 zone -t hree (3) years from the date of adoption of this
chapter;
5 . A nonconforming use housed in a nonconformi ng bu i ld i ng or st r uctu re, five (5) years;
and
6. A nonconforming use of a confo r ming building or structure , ten (1 0) years ; and
7. Nonco nfo rm i ng building s and structures shal l be a bated , and th e usage thereof
termi nated , w ithin the periods of t i me as herein set forth , dati ng fro m date of
construction , ba sed on the type of construction the reof as defined in the building
regulations of th e c ity , as follows:
a. Type IV a nd typ e V build ings (li ght incombustib le frame and wo od frame), thirty five
(35) years ; and
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b . Type Ill buildings (heavy timber construction and ordinary masonry), f orty (40) years;
and
c . Type I and type II buildings (fire resistive), fifty (50) years. In no event shall any such
building be re quired pursuant to this subsection 87 to be abated prior to July 1,
1972.
C . Order Of Abateme nt: Where any one of the facts set forth in subsection A of this section
are found to exist by the director of p lanning , or where he finds that the abatement
period , as to a building or structure, as set forth in subsection 8 of this section , has
expired , he shall give a written order of abatement to the owner and person in
possession of the property , if any. Said order shall be deemed final and shall be
complied with, with i n th i rty (30) days after the mailing thereof, in the absence of an
a ppeal , as hereinafter provided .
D . Appeals : An appeal may be filed with the secretary of the planning commission within
thirty (30) days after the mailing of such order by the planning director. Any person who
is the owner, or has any ownership interest in property to which such order relates , may
fi le an appeal. Upon receipt of an appeal, the p lanning commission shall give noti ce of
hearing , and s hall co nd uct the same in t he m anner prescribed herei n, with reference to
zone variances and conditiona l use pe rm its. At the time and place set for the hearing the
commission shall g ive the appealing party a reasonable opportunity to be heard; said
commissioner may consider any applicable staff reports in order to determine t he
question of whether the said use , building or structure has lost its nonconforming status
pursuant to the provisions hereof. The commission's decision shall be final and
conclusive in the absence of an appea l to the city council in the time and manner set
forth herein with ref erence to zone variances and conditional use permits. (1960 Code)
9-1 H-4: REPAIR AND MAINTENANCE:
A. Ordinary Repair And Maintenance : Except as set forth in subsection C of this section , the
ordinary repair and maintenance of a nonconforming building or structure shall be
permitted , provided t hat such improvements shall not result in the expansion of the
footprint of such a b uilding or resu lt in the addition of floor area to any such
nonconforming structure.
B . Eminent Domain : The repair, reconstruction , or remo deling of any building or structure
shall be permitted where a part of such building or structure is taken for any public use by
condemnation , dedication or purchase by any agency having the power of eminent
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domain . Such reconstruction , alteration or repair shall be limited to that necessary to
render the said building or structure reasonably safe for continued use.
C. Limitations On Nonconforming Uses: Where a building(s) or structure(s) on a given lot is
deemed to be a nonconforming use because it is situated on an R-1 zoned lot imp roved
w ith more than one dwelling unit , then sa id nonconform i ng buildings and structures may
not be expanded or enlarged with any additional square footage or bu il ding bulk , but may
be repaired , maintained and upgraded in conformance with all applicable provisions of
the building code. The principal dwell ing unit , as defined by subsection 9-1 H-5 C 1 a of this
article , shall be exempt from this provision and shall be allowed to expand to the extent
permitted by the zo ning code.
D. Partial And Tota l Destruction : Where any nonconform i ng building or structure is damaged
or partially destroyed by fire, exp losion , act of God, or any other casua lty, the same may
be restored to the condition in wh ich it existed immed iately prior to the occurrence of
such casua lty , prov id ed that all such construction and/or repair work sh all be completed
within a period of two (2) years from and after the date of the occurrence of the casualty;
and further provided that all reconstructive work shall be done in accordance with t he
then current city b uild ing code. (1960 Code; amd. Ord. 87-620; Ord. 06-909)
9-1 H-5: PERMITTED ALTERATIONS AND/OR ADDITIONS TO
NONCONFORMING BUILDINGS AND STRUCTURES:
Nothi ng in this artic le shall be deemed to prevent the extension, expansion, construction,
recon struction or en larg ement (here inafter "work") of a nonconform ing bui lding or structure
in the following respects :
A . El imination Of Non conformity : Suc h work shall be permitted in order to render the use ,
building or structure in conformity w ith the provisions of this chapter; or
B. Compliance With Laws : Such work s ha ll be perm itted in order to comply with any law
enacted subseque nt to the adoptio n of the provisions of this article , ot her than zoning
regulations ; or
C. Residential Units: Such work shall be permitted as to any nonconforming dwelling unit,
which is nonconforming solely by reason of a l ack of off street parking facilities , provided
that such work does not increase the number of dwe ll ing un its located on the lot and
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"
S t e r l i n g C o d i f i e r s , I n c . P a g e 5 o f 9
p r o v i d e d f u r t h e r , t h a t s u c h c o n s t r u c t i o n o r r e c o n s t r u c t i o n d o e s n o t r e s u l t i n a n y p o r t i o n o f
a b u i l d i n g o r s t r u c t u r e b e i n g l o c a t e d o n t h e o n l y p o r t i o n o f t h e l o t p h y s i c a l l y a v a i l a b l e f o r
r e q u i r e d o f f s t r e e t p a r k i n g f a c i l i t i e s , o r a c c e s s t h e r e t o , n o r o c c u p y a n y r e q u i r e d y a r d o r
o p e n s p a c e a r e a . ( 1 9 6 0 C o d e )
1 . R - 1 A n d R - 2 S t r u c t u r a l C h a n g e s :
a . W h e n e v e r t w o ( 2 ) o r m o r e d w e l l i n g u n i t s e x i s t o n a n R - 1 l o t , a n d a r e q u e s t i s m a d e
t o e x p a n d t h e s q u a r e f o o t a g e o f o n e o f t h e u n i t s , t h e c o m m u n i t y d e v e l o p m e n t
d i r e c t o r o r h i s / h e r d e s i g n e e s h a l l d e t e r m i n e t h a t o n e o f t h e d w e l l i n g u n i t s i s t h e
p r i n c i p a l r e s i d e n t i a l d w e l l i n g a n d s u c h d w e l l i n g u n i t s h a l l n o t t h e r e a f t e r b e d e e m e d
n o n c o n f o r m i n g t o t h e e x t e n t i t w a s c o n s t r u c t e d i n c o n f o r m i t y w i t h z o n i n g r e g u l a t i o n s
i n e f f e c t a t t h e t i m e o f c o n s t r u c t i o n . T h e r e m a i n i n g d w e l l i n g u n i t s s h a l l b e c o n s i d e r e d
s e c o n d a r y u s e s a n d s h a l l b e d e e m e d n o n c o n f o r m i n g a n d m a y n o t b e e x p a n d e d o r
e n l a r g e d . T h e p r i n c i p a l d w e l l i n g u n i t s h a l l b e t h e d w e l l i n g t h a t m o s t a c c u r a t e l y f u l f i l l s
a t l e a s t t w o ( 2 ) o f t h e f o l l o w i n g t h r e e ( 3 ) c r i t e r i a :
( 1 ) T h a t u n i t w h i c h w a s b u i l t f i r s t .
( 2 ) T h a t u n i t w h i c h i s l o c a t e d c l o s e s t t o t h e s t r e e t . O n a c o r n e r l o t , i t s h a l l b e t h e u n i t
w h i c h i s c l o s e s t t o t h e n a r r o w e s t s t r e e t f r o n t a g e o f t h e l o t ( t h e f r o n t l o t l i n e a s
d e t e r m i n e d b y t h e d i r e c t o r o r h i s / h e r d e s i g n e e ) .
( 3 ) T h a t u n i t w h i c h i s t h e l a r g e s t b y m e a n s o f h a v i n g t h e m o s t f l o o r a r e a .
A n y p e r s o n d i s s a t i s f i e d w i t h t h e d e c i s i o n o f t h e c o m m u n i t y d e v e l o p m e n t d i r e c t o r
o r h i s / h e r d e s i g n e e m a y a s k f o r a r e v i e w b y t h e p l a n n i n g c o m m i s s i o n w i t h r e s p e c t
t h e r e t o , a t n o c o s t . T h e d e c i s i o n o f t h e p l a n n i n g c o m m i s s i o n m a y b e a p p e a l e d t o
t h e c i t y c o u n c i l w h o s e d e c i s i o n s h a l l b e f i n a l .
b . A n o n c o n f o r m i n g r e s i d e n t i a l s t r u c t u r e o n a n R - 1 o r R - 2 l o t s h a l l b e p e r m i t t e d t o
c o n s t r u c t a c c e s s o r y o f f s t r e e t p a r k i n g s t r u c t u r e s ( g a r a g e s ) , p r o v i d e d t h a t t h e
p r o p o s e d a d d i t i o n o t h e r w i s e c o m p l i e s w i t h e x i s t i n g z o n i n g r e g u l a t i o n s a p p l i c a b l e t o
R - 1 a n d R - 2 z o n e s , a n d f u r t h e r p r o v i d e d t h a t n o p r e v i o u s c o n v e r s i o n w a s
c o n s t r u c t e d w i t h a p e r m i t o r s u b s e q u e n t l y b r o u g h t u p t o c o d e . ( O r d . 0 6 - 9 0 9 )
2 . R - 3 A d d i t i o n a l U n i t s : S i n g l e - f a m i l y d w e l l i n g s i n z o n e R - 3 s h a l l b e p e r m i t t e d t o
c o n s t r u c t a d d i t i o n a l d w e l l i n g u n i t s , a t t a c h e d o r d e t a c h e d , p r o v i d e d t h a t t h e p r o p o s e d
a d d i t i o n s o t h e r w i s e c o m p l y w i t h a l l t h e e x i s t i n g z o n i n g r e g u l a t i o n s a p p l i c a b l e t o t h e
z o n e i n w h i c h i t i s l o c a t e d .
D . N o n c o n f o r m i t y ; P a r k i n g F a c i l i t i e s :
1 . S u c h w o r k s h a l l b e p e r m i t t e d i n c o n n e c t i o n w i t h a n y u s e , b u i l d i n g o r s t r u c t u r e w h i c h i s
n o n c o n f o r m i n g s o l e l y b y r e a s o n o f a n i n s u f f i c i e n t n u m b e r o f o f f s t r e e t p a r k i n g f a c i l i t i e s ,
a n d s u c h w o r k w o u l d n o t o t h e r w i s e r e q u i r e , b y r e a s o n o f s u c h c o n s t r u c t i o n , a d d i t i o n a l
p a r k i n g f a c i l i t i e s .
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2 . If the e xi sting off street parking faciliti es are not su ffici ent to comply with the
requirement s hereof after such expansion, increase or modification, additional parki ng
facilities shall be added . The capacity of said addition al facilities shall equa l the
difference between the off street park ing facil ities this chapter wou ld require for such
use as expanded, increased or mod ified, and the off street parking facilities as required
for such use before sa id expans ion , increase or modification. Any additiona l off street
parking fa ci litie s required hereunder sha ll be developed pursuant to the provisions of
t hi s chapter .
E . Effect Of Work : Accompli sh ment of any work permitted pursuant to t his section shall not
be construed to extend t he termination date of the nonconforming use, bu ild ing or
structure to w hich the same relates. (1960 Code)
9-1 H-6: EXEMPTIONS AND EXCEPTIONS:
A. Mixed Uses : Where a building or bui ldings , and/or structures , located on a lot or
combi nation of lots formin g a sing le comp lex , are con forming, but al l or a port io n of th e
usage thereof is nonconforming , so le ly by reason of the fact that such us e is not a
permitted use in the z one , no new co nforming use sha ll be permitted in such build ing ,
buildings or structur es un less the off street parking requ i rements of th is code are met as
to all such uses.
B. Change Of Use: A use which is nonconforming only because it does not meet the
requ irements of the standards of development for that z one or t he app li cab le off street
parking req uirements may be changed to a use permitted in the zone. No such change of
us e shall exten d th e termination date established for the or iginal nonconforming use .
C . B ui ld ings Or Structures Unde r Consideration : Any bui lding or structure for which a valid
l awful bui lding permit has been issued , and is in force prior to the ope rative date of any
amendment to the provi s ion s of this c hapter wh ich has the effect of rendering said
building or structure non conforming , may be completed and utili ze d provided that the
sa me is complete d in accordance w it h the p lans and specificat ions upon which such
bui lding perm it was issued .
D . Ex isting Va riances And Conditional Use Permits : No use , building or structure shall be
deemed to be nonconforming for the purpose of this article , where the same was
previously authorized by a zone variance or co nditional use permit, so long as the usage
thereunder confo rm s w ith the terms and conditions of the variance or permit as granted.
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E. Public Utilities Exempted : The forego ing provision of this article concerning the required
removal of nonconforming buildings and uses , and the reconstruction of nonconforming
buildings partia ll y dest royed, shal l not app ly to public utility buildings and structures when
such build ings a nd structures pertain directly to the rendering of the service or
d istribution of a utility, such as steam, e lectric generating stations, electric distribution
and transmission substations , water wells and pumps, gas storage, metering and valve
control stations ; nor shal l any provision of this article be construed or a ppli ed so as to
prevent the expansion , modernization or replacement of such public utility buildings ,
structures , equipment and features, as are used directly for the delive ry of or distribution
of the service, prov id ed that this section shall not exe mpt such uses from the provisi on of
this code covering nonconformity of such building s, structures or uses, as to not
immediately relate to the direct serv ice to consumers, such as warehouses, storage
yards and the lik e.
F. Public Acquisition: Whenever any lot , any building or any structure is rendered
nonconforming within the meaning of this code by reason of a reduction in a required
yard area , lot area or reduction of off street parki ng facilities, occurring solely by reason
of:
1. Dedication to, or purchase by , the city for any publ i c purpo se; or
2. Eminent domain proceedings , whic h result in t he acquisition by the city of a portion of
such property, the same shall not be deemed nonconforming w it hi n t he meaning of th is
article , provided that if the buildings and/or st ructures located upon such lot
subsequent to such acquisition , are wholly destroyed no reconstruction shall take
place unless compliance is had with all applicable prov isions of thi s chapter. (1960
Code)
9-1 H-7: EXCEPTION; CONDITIONAL USE PERMITS:
Notwithstanding the provisions of sect ion 9-1 H-3 of this article , none of the uses set forth in
th is zoning code as "conditional uses" which were lawfu lly in existence as of the effective
date of this section , shall be deemed nonconforming solely by reason of the app lication of
such preexisting use: a) has not app li ed for and been granted such cond it ional use permit ,
and b) has been discontinued in usage for any reason whatsoever for a period of one
hundred eighty (180) days or more , then there shall arise a rebuttable presumption that
there has been an intent by the owner or user to aband on such use ; and proceedings shall
be commenced by the planni ng commission , based upon such implied abandonment , to
immediate ly abate such use as contrary to the zoning ordinance ; provided, however, if the
planning commission determines that th ere is sufficient evidence to indicate a lack of intent
upon the part of the own er to aba ndon , and finds that good and reasonable cause exists
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therefor, it may e xtend such a batement, upon wri tten application setti ng fo rt h t he reasons for
such e xten sion. (1960 Code)
9-1 H-8: ADDITIONS TO NONCONFORMING STRUCTURES :
Notwithstand ing any other prov isions of this zoning code , any residential unit, o r units ,
including accessory uses , located on any residential (R) zoned lot, may be a lte red ,
e xpanded , e xtended or remodeled with said alteration, expansion , exten s ion , or remod e ling
encroach i ng into any required side yard area, if:
A. Any outside wall of the proposed additio n shall e ncroach no farther into any re quire d side
yard area t han any existing wall and at least on e wall of the add ition shall be su bsta ntially
a straight line continu ation of an ex isting wall ; an d
B. Said encroachment, other than an encroachment by an accessory structure having
setback requirements establ ished by subsectio n 9-1M-13D , E; 9-1M-23 0, E; 9-1M-35 0
or E of this chapter , maintains a minimum distance of at least th ree feet (3') from a ny side
lot lin e , provided the second story of the dwelling complies with the set back regulations ,
and further providing that all additions to accessory structures under this section shall be
of a single-story nature only.
No add ition to a nonconforming structure shall extend into any re quired front ya rd or
required rear yard setback area . (196 0 Code ; amd . Ord . 91-705 ; Ord . 06 -909)
9-1 H-9: VACATED BUILDINGS:
Whenever any com m e rcial building , or unit thereof, has been vacant for a period of t ime
hereinafter set forth , then upon ten (1 0) days' notice from the city manager, the ow ner or
person in possession of such property sha ll comply with the following requirements , as
provided in said notice, a nd failure to do so shal l constitute a violation of this code and the
maintenance of a public nuisance:
A . All signs upon the property indicating a prior business activity shall be removed as
follows :
1. Conforming signs for conf orming busin esses : All copy and/or busin ess ide ntifi c ation
shall be remove d after fifteen (15) days' v ac ancy.
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2. Nonconforming signs or conforming signs for nonconforming businesses: All sign s and
supporting structu res shall be removed after thirty (30 ) days' vacancy .
B. All driveways and curb cuts, not rema i ning in active use , shall be close d off by such
temporary measures as may be approved by the ci ty manager, includi ng the i nstallation
of standpipes or pipes and chains , so as to prevent access onto parking areas.
C. A ll buildings shall be secured immediate ly upon vacation so as to prevent ingress.
Any decision by the city manager under this section may be appea led by the owner or
person in possession, as provided in section 9-1 H-3 of this article. (1960 Code ; amd .
Ord . 77-455)
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PLANNING COMMISSION
TEMPLE CITY, CALIFORNIA
REGULAR MEETING
DECEMBER 8, 2015 -7 :30 P .M .
1 . CALL TO OR DE R-Chairman O 'Leary
ATTACHMENT E
2 . ROLL CALL-Commissione r Cordes , Leung , Marston , Haddad , O 'Leary
PRESENT: Commissioner-Cordes , Leung, Marston , Haddad , O 'Leary
ABSENT: Commissioner-None
ALSO PRESE NT: Community D irector Forbes, Planning Manager Re imers , City
Attorney Mu rph y, Associate Planne r Gul ick , Associate Planner Liu, and Management
Analyst Coyne
3. PLEDGE OF ALLE GIANCE
4. PRESENTAT IONS
5. PUBLIC CO MMENTS ON ITEMS NOT LISTED ON THE AGEN DA -None
6 . CONSENT CALENDAR
The Planni ng Commission is requested to review and approve:
1) Minu tes of the P lanning Commission Meeting of November 10, 2015.
Vice-Chai rman Haddad moved t o approve the Co nsent Cale ndar . Seconded by
Commissioner Marston and was approved unanimously by the following votes:
AYES :
ABSTAIN :
NOES :
ABSENT:
Commissioner-Cordes , Leung , Marston , Haddad, O'Leary
Com m issioner-None
Com missioner-None
Commissioner-None
7. PUBLIC HEARING
A. A condit io nal use permit to allow the establishment of a dance studio .
A continued conditional use permit to allow th e establishment of a dance studio
located at 5405 Rosemead Boulevard . The bu siness will occupy a floor area of
1,000 square feet. The business proposes to provide dance lessons with a
Planning Comm ission Minutes
December 8, 2015
Page 2 of 5
max imum of 10 students at any given time . The hours of operation as proposed
are from 7:00a.m . to 9 :00 p .m., seven days a week . The property is located in
the C-3, commercial zone , and is des ignate d as Heavy Commercial by the City's
General Plan .
Assoc iate Plann er Liu gave a brief summary of the staff report.
Cha irman O 'Leary opened the publ ic hearing .
Sh ikha Thapa , applicant, briefed the Planning Commission regard ing her
business and c larified that she wou ld abide by the conditions of approva l.
Cha irman O 'Leary c losed the public hearing .
V ice -Chairman Haddad made a mot ion to approve F il e 15-359 adopt the
resolut ion , and find that the project is categorically exempt. Se conded by
Comm issioner Marston and carried by the following roll call vote :
AYES :
ABSTA IN :
NOES :
ABSENT :
Commissioner-Cordes , Leung , Marston , Haddad , O'Leary
Commissio ner-None
Commissio ner -None
Commissioner-None
B. A Zon i ng Code Interpretatio n determ inin g the method of ca lcu lating demoliti on .
The Planning Comm iss ion called for review a Zon ing Code Interpretation
regarding how demo li tions are ca lculated . The Interpretation may affect structural
modifications made at 6134 Camellia Avenue . The Zoning Code states that in
some instances the remode li ng of a structure can be considered a new dwelling
if the proposed project includes the voluntary demol it ion of 50 percent or more of
the existing square footage of the structure including any attached garage . If
staffs interpretation of the Zoning Code Interpretation is upheld, the property will
be required to be brought into compliance in accordance to the Zoning Code .
P lanning Manager Re imers gave a br ief summary of the staff report .
C ity Attorney Mu rphy stated that any member of the public could speak on the
agenda item for up to three minutes however, the Planning Commiss ion could
extend the time li mit beyond three minutes if so desired .
C hai rman O 'Lea ry opened the pub lic hearing.
Ron Hirano , appl icant representat ive , spoke in oppos ition of the in terpretat ion
made by staff regard ing the calculat ion of demolition . He felt that the percentage
of the calculation of demolition should not include the header of the w i ndow. He
Plann ing Comm ission M inutes
December 8 , 2015
Page 3 of 5
further stat ed that the hea der was installed to s upport a roof t hat had prev io usl y
collapse d .
Thomas Song , architect , sta ted that the original plan did not include replac ing the
roof. He stated that the plans had to be revised , as part of the roof had collapsed .
He felt tha t the header should not be incl uded as part of the calcul at ion of
demolition .
Billy Lai , contractor, explained that the roof had collapsed d ue to rotting .
Jackie T sa ng, representative , stated that he is the property owner's so n . He
expressed that his impression of staff's in t erpretation reg arding calculatio n of
demolition wa s based on opinion. He sta ted that family members res ide in t he
second unit therefore, he does not want to reduce the size of the structure.
Cha irman O'Leary closed the publ ic hearing .
Vice-Chairman Haddad made a motion to uphold a Zoning Code Interpretation
made by staff regard ing how demolitio ns are calcu lat ed , seconded by
Commiss ion er Cordes an d carr ied by the fo ll owing ro ll ca ll vo te :
AYES :
ABSTAIN :
NOES :
ABSENT:
Commiss ioner-Cordes , Leung , Marston , Haddad , O'Le ary
Commissioner-No ne
Commissioner-No ne
Commissioner-None
C. A proposed Te lecommunications and Wire less Communications Ordinance t o
amend the T emple City Municipal Code to es t ablish standards f or the placement
and desig n of telecommunica t ions and wire less communicat ion s facilities .
In 1996, Congress enacted the Telecomm unica tions Act of 1996 which
established the framework with in loca l government to regulate w ireles s
communication facil it ies . Temp le C ity addresses telecommunication and wireless
com munication facilities on a case by case bas is through the Condit ional Use
Pe rmit (CUP) pro cess as se t fort h in the Zon ing Code , however the City does not
h ave an o rdi nance overseeing the design and location of such fac ilities.
Therefore, the City staff reco m mends to ame nd the Temple City Mun ici pal Code .
Planning Manager Reimers and the City 's co ns ul tant gave a bri ef summary of t he
staff report .
City Attorney Murphy outlined the legal standards for wireless comm un ication
providers.
Chairman O'Lea ry opene d the public hearing .
Planning Commissio n M inutes
December 8 , 2015
Page 4 of 5
J im Clift res ident , asked Planning Manager Reimers if ce ll ular antennas are
generally becom ing smaller .
Planning Manager Reimers stated that cellul ar antennas are becom ing smaller
and better camouflaged .
Cha irman O'Leary c losed the publ ic hearing .
Commissi on er Cordes made a motion to reco m mend that the Ci ty Council adopt
the Nega tiv e Declaration of Environmenta l Impacts and approve the ordinance
regarding te lecommunication and wireless facilities . Seconded by Comm issione r
Leung and carried by the fol lowing roll call vote :
AYES :
ABSTAIN :
NOES :
ABSENT :
Commissio ner-Cordes , Leung , Marston , Haddad , O'Leary
Comm issioner-None
Comm iss ioner -None
Commissioner-None
8 . UNFINISHED BUSINESS -No ne
9 . NEW BUSINESS -None
10 . COMMUNICATIONS -None
11 . UPDAT E FROM THE COMMUNITY DEVELOPMENT DIR EC TOR
Commun ity Developmen t Directo r Forbes announced that the Comm ission w i ll meet
on Decembe r 22, 2015 to discuss two proposed o rdin ances regard ing Ma rijuana
Cultivation and Massage .
12 . COMMISSION ITEMS SEPARATE FROM THE COMMUNITY DEVELOPMENT
DIRECTORS REGULAR AGENDA
A . COMMISSIONER CORDES-None
B. COMMISS IO N ER LEUNG-None
C . COMM ISS IO NER MARSTO N -Announced that she had attended a Rose court
luncheon and encouraged everyone to attend Rose Parade .
D. VICE-CHAI RMAN HADDAD -Spoke regarding the Las Tunas Drive proj ect.
E. CHAIRMAN O'LEARY-None
1-Y OF TEI'PL I Y PLANNING DIVISION
GENERAL DEVELOPMENT AP P LICATI ON
I, as the applicant for the above referenced project, have reviewed the plans and the corresponding
Zon ing Code provi sions and hereby certify that
• All areas of the property in which demolition are proposed are clearly shown on the plans .
• The calculations above are accurate and that the proposed demolition is less than 50 percent of
the existing square footage of the structure (includin g any attached garage ) and/or that the
proposed new cons t ruction wou ld not double the existing square footage of the dwel ling.
Applicant (Print Name) Date
Applicant Signature
Property Owner (Print Name) Date
Property Owner Signature
PAGE or L REVISED 8!2013