Article C — DEVELOPMENT RIGHTS

SECTION:

9-6C-0: Vesting On Approval Of Vesting Tentative Map

9-6C-1: Development Inconsistent With Zoning; Conditional Approval

9-6C-2: Applications Inconsistent With Current Policies

A. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Government Code section 66474.2.

However, if section 66474.2 of the Government Code is repealed, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditional approved.

B. Notwithstanding subsection A of this section, a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:

1. A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.

2. The condition or denial is required, in order to comply with state or federal law.

C. The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in section 9-6B-2 of this chapter. If the final map is approved, these rights shall last for the following periods of time:

1. An initial time period of one year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.

2. The initial time period set forth in subsection C1 of this section shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds thirty (30) days, from the date a complete application is filed.

3. A subdivider may apply for a one year extension at any time before the initial time period set forth in subsection C1 of this section expires. If the extension is denied, the subdivider may appeal that denial to the legislative body within fifteen (15) days.

4. If the subdivider submits a complete application for a building permit during the periods of time specified in subsections C1 through C3 of this section, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit. (1960 Code; amd. Ord. 85-580)

A. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. The city may deny such a vesting tentative map or approve it conditioned on the subdivider, or his or her designee, obtaining the necessary change in the zoning ordinance to eliminate the inconsistency. If the change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding section 9-6C-0 of this article, confer the vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved.

B. The rights conferred by this section shall be for the time periods set forth in subsection 9-6C-0C of this article. (1960 Code)

Notwithstanding any provision of this chapter, a property owner or his or her designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in subsection 9-6C-0A and section 9-6C-1 of this article, and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law. (1960 Code)

CHAPTER 7 COMMERCIAL/OFFICE CONDOMINIUMS OR INDUSTRIAL/MANUFACTURING CONDOMINIUM

The intent and purpose of this chapter is to establish procedures and criteria for commercial/office and industrial/manufacturing condominiums. (1960 Code; amd. Ord. 92-728)

A. Any proposed subdivision of a commercial/office or industrial/manufacturing use for condominium purposes (either new construction or conversion) shall require a parcel map and shall be consistent with the state subdivision map act as contained in the Government Code.

B. Commercial/office and industrial/manufacturing subdivision applications shall be processed in accordance with the procedures contained in chapter 2 of this title. (1960 Code)

Any commercial/office or industrial/manufacturing subdivision (either new construction or conversion) shall meet the following minimum requirements:

A. Conditions, covenants and restrictions (CC&Rs) shall be provided to ensure the continuous maintenance of the premises. A copy of the proposed conditions, covenants and restrictions shall be reviewed and approved by the city attorney prior to submittal for the final map. The CC&Rs shall include the following provisions:

1. The governmental entity with primary jurisdiction over commercial/office or industrial/manufacturing condominium projects is the city of Temple City. The association shall abide by the codes and/or ordinances of the primary jurisdiction. No alterations to the interior or exterior of individual units or to the common area shall be commenced without appropriate approvals and permits from the city of Temple City.

2. The common drive shall be posted and maintained as a "Fire Lane/No Parking". The city of Temple City shall have the ability to cite violations of parking regulations.

3. Parking for the project shall be based upon the proposed uses of the individual units. The owner and occupant of each unit should be aware that the overall number of parking spaces available in the project may limit the utilization of individual units.

4. The city of Temple City shall have the right and power to enforce the common area use and maintenance covenant of the association, provided however, that no duty to enforce said use and maintenance covenants shall be deemed to arise by virtue of this provision of any other action of the city.

Any provisions of this chapter notwithstanding, the city may, by an action at law or in equity, enforce all provisions relating to the property maintenance, repair and use of common area.

5. Conversion of existing projects shall follow the procedures and notification requirements contained in section 9-3-2 of this title.

6. In addition to the above requirements, no application for a commercial/office or industrial/manufacturing condominium project shall be accepted for any purpose unless the application includes the following:

• a. A development plan of the project including:

• (1) The location, height, gross floor area, and proposed uses for each existing structure to remain and for each proposed new structure;

(2) The location and type of surfacing for all driveway, pedestrianways, vehicle parking areas, curb cuts and open storage area;

• (3) The location, height, and type of materials for walls, fences and trash enclosures;

• (4) The location of all landscaped areas, the type of landscaping;

• (5) The location and size of the parking facilities to be used in conjunction with each condominium unit;

• (6) The location, type and size of all drainage pipes and structures depicted or described to the nearest public drain or watercourse;

• (7) The location and type of the nearest fire hydrants;

• (8) The location, type and size of all on site and adjacent street overhead utility lines;

• (9) A lighting plan of the project;

• (10) Existing and proposed exterior elevations;

• (11) The location of and provisions for any unique natural and/or vegetative site features. (1960 Code)

A. Commercial/Office Condominiums: Any commercial/office subdivision (either new construction or conversion) shall comply with the following development standards and criteria:

1. Condominium projects shall be permitted in all C and M zones.

2. Commercial/office condominium projects shall be restricted to buildings with at least ten thousand (10,000) square feet of floor area.

3. The minimum unit size for all units shall be one thousand (1,000) square feet.

4. Condominium projects shall be in compliance with all development criteria contained in the applicable zoning classification and shall be in compliance with the parking requirements based upon use.

5. All commercial/office subdivisions shall be subject to a conditional use permit in accordance with sections 9- 1F-0 through 9-1F-43 of this title.

• B. Industrial/Manufacturing Condominiums: Any industrial/manufacturing subdivision (either new construction or conversion) shall comply with the following development standards and criteria:

1. Condominium projects shall be permitted in all M zones.

2. Industrial and manufacturing condominium projects shall be restricted to manufacturing and industrial complexes with at least ten thousand (10,000) square feet of floor area.

3. The minimum unit size for all units within a manufacturing or industrial complex shall be two thousand (2,000) square feet.

4. Condominium projects shall be in compliance with all development criteria contained in applicable zoning classification and shall be in compliance with the parking requirements based upon use.

5. All industrial or manufacturing subdivisions shall be subject to a conditional use permit in accordance with sections 9-1F-0 through 9-1F-43 of this title.

C. Parking Structure Condominiums Or Common Ownership: Condominium or common ownership projects for parking garages and parking structures, including underground or subterranean structures, shall comply with all development criteria contained in the applicable zoning classification, or if the classification is silent, then such criteria as proscribed by the city building official and community development director. (Ord. 13-967)