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HomeMy Public PortalAbout15) 8A Appeal of Planning Commission Decision for Zoning Code InterpretationCity Council February 2 , 2016 Page 2 of 4 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 --------------------- City Council February 2, 2016 Page 4 of4 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 http ://sterlingcodifiers.com/codebook/printno w .ph p 12/4/2015 S terling Codifi ers, In c. P age 2 of 17 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 http :1 /sterlingcodifiers.corn/codebook/printnow. php 12 /4/20 15 Sterling Codifiers, Inc. Page 3 of 17 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 http ://sterli ngcodi fi ers.com/codebook/pr intn ow .p hp 12/4/2015 Sterling Codifi e rs, Inc. P age 4 of 17 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 . http:/ /ster l ingcodifiers.co m/codebook/print now. php 12/4/20 15 Sterling Co difie rs, Inc. Page 5 of 17 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. http ://sterlingcodifiers.com/codebooklprintnow.php 12/4/2015 Ste rling Co difi ers, Inc. Pag e 6 of 17 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 http ://sterli ngcodifiers .com/codebook/printnow.p hp 12 /4/2 0 15 Sterling Codifier s, Inc. Page 7 of 17 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 http://st erlingcodifiers.com/codebook/printnow.php 12 /4/20 15 Sterling C odif!ers, Inc . Page 8 of 17 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 . http://ster lingcodifiers.com/codebooklprintnow.php 12/4/2015 Sterling Codifie rs, Inc. Page 9 of 17 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 h ttp://sterlingcod ifiers.com/codebook/printnow.php 12/4/2015 Sterling Codifiers, In c. Page 10 of 17 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 http://s terli ngcodi fiers.co m/codebook/printnow.php 12/4/2015 Sterling Codifiers, Inc. P age 11 of 17 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. http://sterli ngcodifiers.co m/codebook/printnow.p hp 12/4/20 15 Sterl ing Codifi er s, Inc. Page 12 of 17 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. http ://sterl ingcodifiers.com/codebook/pri ntnow .ph p 12/4/201 5 Ste rling Co difi e rs, Inc. Page 13 of 17 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 http://sterl ingcodifiers.com/codebook/printnow.php 12/4/2015 St erling Cod ifie rs, Inc. Page 14 of 17 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 http :1 /st e rl in gcod ifi e rs .com/co de book/pri ntn ow . php 12/4/2015 Sterling Coditle r s, Inc . Page 15 of 17 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, http://ster lingcodifiers.com/codebook/printnow.php 12/4/2015 Sterling Codi fiers, In c. Page 16 of 17 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. http ://sterlingcodifiers .com/cod ebook/printnow.php 12/4/2015 Sterling Codifie rs, Inc. Page 17 of 17 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) http://sterlingcodifiers.com/codebook/printnow.php 12/4/2015 St erlin g Co di fiers , In c. Page 1 of 9 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 http://sterlingcodifiers.com/codebook/printnow.php 12/4/2015 Sterling Cod ifi ers, Inc. Page 2 of9 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 http://sterlingcodifiers.com/codebook!pr intnow.php 12/4/2015 Ste rlin g Codifi e rs, Inc. P age 3 of 9 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 http:/ /s tcrl i ngcod i fier s.com/codeboo k/pri ntnow. php 12/4/2015 Ste rling Codifier s, In c . Page 4 of9 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 http://sterlingcodifiers.com/codebooklprintnow.php 12/4/2015 " Sterling Codifiers, In c. Page 5 of9 provided further, that such construction or reconstruction does not result in any portion of a building or structure being located on the only portion of the lot physically available for required off street parking facilities , or access thereto , nor occupy any requ i red yard or open space area . (1960 Code) 1. R -1 And R-2 Structural Changes : a. Whenever two (2) or more dwelling units exist on an R-1 lot, and a request is made to expand the square footage of one of the units, the commun ity development directo r or his/h er designee shal l determine t hat one of the dwelling units is the principal residential dwelling and such dwelling unit shall not thereafter be deemed nonconform ing to the extent it was constructed in conformity with zoning regu lations in effect at the time of construction . The rem aining dwelling units shall be considered secondary uses and shal l be deemed nonconforming and may not be expanded or en larg ed. The principal dwelling unit shall be the dwelling that most accurate ly fulfills at least two (2) of th e following thre e (3) criteria : (1) That uni t which was bu ilt first. (2) That unit w hich is located c losest to the street. On a corner l ot, it shall be the un it which is c losest to the narrowest street frontage of the lot (the front lot line as determ i ned by the director or his/her designee). (3) That unit which is the largest by means of having the most floor area . Any perso n di ssatisfied with the decision of the co mm unity dev e lopment d irector or his/her designee may as k for a review by the p la nning comm ission with respect thereto, at no cost. The decision of the planning commission may be appea led to the city coun cil whose decis ion shall be final. b . A nonconforming residentia l structure on an R-1 or R-2 lot sha ll be permitted to construct accessory off street parking structures (garages), provided that the proposed ad dition otherwise comp li es with existing zo n ing re gul ation s appl icable to R-1 and R-2 zones , and further provided that no previous conversion was constructed with a permit or subsequently broug ht up to code . (Ord. 06-909) 2 . R-3 Additional Units : Single-family dwellings in zone R-3 shal l be permitted to construct additional dwelling units, attached or detached , provided th at the proposed additions ot herwise comp ly with a ll the existing zo ning regulations applicable to the zone in whic h it is located. D . Nonconformity ; Parking Facilities: 1. Such work sha ll be permitted in connection with any use , building or structure which is nonconforming solely by reason of an insufficient number of off street parking faci li ties , and such work would not otherwise requ ire , by reason of such construction , additional parking facilit ies. http:/ /s te rl i ngcodifi e rs.com/co de book/p rintnow. php 12/4/2015 Sterling Codifiers, Inc. Page 6 of9 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. http://s terlingcodifiers .com/codebook/pri ntnow.php 12/4/2015 Sterling Codifiers, Inc. Page 7 of9 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 http :1 /sterlingcodi fiers .com/codebook/printnow. php 12/4/2015 St er ling Co difler s, Inc. P age 8 of9 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. http://sterli ngcod ifiers .com/codebookfprintnow.php 12/4/20 15 St erling Codi fie r s, Inc . Page 9 of9 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) http://sterlingcodifiers.com/codebooklpr intnow.php 12/4/2015 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